A Hong Kong court has found Kwok Yin-sang, 69, guilty of a national security violation after he attempted to cancel his daughter’s insurance policy and withdraw the funds, prompting international criticism over the targeting of relatives of pro-democracy activists, according to Reuters.
Kwok is the first person to be charged under Article 23, a recently enacted national security law that expands on the Beijing-imposed national security framework.
He was accused of “attempting to deal with, directly or indirectly, any funds or other financial assets or economic resources” belonging to an absconder.
His daughter, Anna Kwok, is a U.S.-based activist who helps lead the Hong Kong Democracy Council. She is among 34 overseas activists wanted by Hong Kong national security police and is accused of colluding with foreign forces. Authorities have offered a bounty of HK$1 mn (approximately $127,400) for her arrest.
Anna Kwok said she has never owned the insurance policy in question and has not received or sought any funds or financial assets from her father or others in Hong Kong.
Today, my father was convicted and remanded in custody simply for being my father. This is how the Hong Kong government retaliates against me and my community for our advocacy.
Anna Kwok
Kwok Yin-sang was accused of attempting to withdraw HK$88,609 (around $11,342) from an insurance policy he purchased for his daughter when she was nearly two years old. He pleaded not guilty and did not testify during the trial.
Acting Principal Magistrate Cheng Lim-chi ruled that because Anna Kwok is considered a fugitive, any direct or indirect handling of her insurance policy was unlawful.
Sentencing is scheduled for February 26. Although the offence carries a maximum prison term of seven years, the magistrate court can impose a sentence of up to two years.
During sentencing submissions, defence lawyer Steven Kwan argued for a 14-day prison term, stating that Kwok Yin-sang intended only to recover his own money and that there was no evidence the funds would have gone to his daughter.
According to prosecutors, Kwok told police upon his arrest: “I know my daughter is wanted by the Security Bureau. I was the one paying for her insurance policy. Since she’s no longer in Hong Kong, I just cut it.”
Following the conviction, Kwok’s bail was revoked. He appeared calm in court and waved to family members as he was taken into custody.
In closing arguments, Kwan contended that sections 89 and 90 of Article 23 should not apply in a case involving the handling of a long-standing insurance policy purchased for one’s child, describing the case as “a form of prosecution based on family ties.”
Anna Kwok’s brother has also been arrested on the same charge and is currently on bail.
Elaine Pearson, Asia director at Human Rights Watch, criticised the conviction, calling it “an alarming act of collective punishment that has no place under international human rights law.”
