Hong Kong's most prominent democracy activists have disappeared from view as their prosecution under a security law drags into its second year, with lawyers and family members warning the defendants are losing faith in the courts.

The 47 activists make up a swathe of the city's depleted democracy movement, from veteran former lawmakers to young firebrands and community organisers as well as academics and unionists.

Charged with subversion, the majority have been held in custody for more than a year and the few granted bail must adhere to strict speech curbs.

Most of what has occurred during pre-trial hearings is blanketed by reporting restrictions, even though the defendants want them lifted. And their trial is not expected to begin until at least 2023.

"The prosecution and the court are making the defendants invisible in plain sight," legal scholar Eric Lai of Georgetown University told AFP.

Using the national security law Beijing imposed in 2020 following huge democracy protests, authorities targeted the activists for organising an unofficial poll to choose opposition candidates.

Some observers have voiced alarm about how lengthy pre-trial proceedings under the law have generated precedent-setting decisions without public scrutiny.

The hearings, Lai said, have produced "very substantial evaluations that are rarely seen in ordinary criminal cases" including detailed discussions over the security law's stricter bail terms, the admissibility of evidence as well as shifting prosecution charges.

"(Court) procedures should be more open and transparent so the public can see how the court handled the cases and what it did to protect the integrity of trial."

- Changing legal landscape -

Hong Kong faces scrutiny over whether its internationally respected common law legal system can be maintained as China cracks down on dissent with the security law, which has ensnared some 170 people.

Last month, two of Britain's most senior judges pulled out of sitting on Hong Kong's top court citing the law's impact on freedoms, though nine other foreign judges confirmed they would stay.

The prosecution of the 47 activists is seen as a legal litmus test.

While Hong Kong allows the public to attend pre-trial hearings, reporting is largely limited to names, hearing dates and what a judge rules -- unless that judge lifts restrictions.

The rules are in place to protect a defendant from potential prejudice, especially if a jury may be involved in their trial.

But so far, all national security cases to reach trial stage have been heard by handpicked judges, not juries.

The 47 activists want the reporting restrictions lifted but their requests have been opposed by the prosecution and denied by the courts.

Independent legal scholar Wong Kai-yeung said it was unusual for judges both in Hong Kong and under the English common law to deny such requests.

"Here it was they, the defendants to be put on trial, who actively sought publicity of the proceedings," he told AFP.

"It is their trial. They have the autonomy to make the informed decision to not accept arrangements brought in in the name of their protection."

- 'Frustrated and defeated' -

Those facing trial are in custody or barred from speaking to the press as part of their bail conditions.

But four barristers with knowledge of the proceedings told AFP that defendants were growing exasperated, believing prosecutors have filed vague charges and are dragging their feet, knowing their actions will not face public scrutiny or backlash.

All requested anonymity to speak freely.

"Some defendants feel they are being played by the court, the prosecution and the whole procedure," said one barrister. "They think it's a sham."

"There has been general distrust of the impartiality of the proceedings," another said. "It's fair to say some defendants do not believe they will get a fair trial in this case."

The barristers themselves also described a sense of frustration with proceedings -- two accused prosecutors of "moving the goalposts" by failing to disclose key evidence and frequently changing the charges.

Hong Kong's Department of Justice said it took "strong exception" to such criticisms.

"Any allegation that the prosecution is 'taking advantage' of the reporting restrictions is based on a misconception of the rationale underlying such restrictions, if not based on malice," it said.

The judiciary said it would not comment on individual cases.

Chan Po-ying, an activist and the wife of former lawmaker Leung Kwok-hung, said the media blackout had "dialled up the pressure" on defendants.

"When public attention starts to wane, it could make them feel frustrated and defeated."

Emilia Wong, the partner of detained activist Ventus Lau, said the defendants were "exhausted" and feeling silenced.

"This is what authorities want -- to minimise the defendants' influence."

Hong Kong police arrest six for sedition over court 'nuisance'
Hong Kong (AFP) April 6, 2022 - Six people accused of causing a nuisance in a Hong Kong courtroom were arrested for sedition Wednesday, as authorities ramp up use of the colonial-era law against critics.

Court disruptions are usually dealt with under contempt rules but authorities have chosen to deploy sedition, a charge treated as a national security offence.

Police said four men and two women were arrested over their behaviour at court hearings in December and January.

The suspects "purposely caused nuisance" and "severely affected jurisdictional dignity and court operations", police said in a press release.

The statement did not detail what specific behaviour or actions were deemed seditious.

Hong Kong's courts have become gathering places for democracy supporters as authorities prosecute thousands of activists and protesters following citywide rallies in 2019.

Most hearings are open to the public, and democracy supporters often applaud or shout words of encouragement to defendants appearing in the dock.

Hong Kong judges have previously chastised spectators for their behaviour and warned they could be in contempt of court, but none had been arrested before Wednesday.

Police said they had searched homes and seized records that allegedly show the suspects "conspiring" to commit disruptive acts.

Siew Yun-long, a citizen journalist known for his court reporting, was among those arrested, his family confirmed to AFP.

Leo Tang, a former leader of the now-disbanded Hong Kong Confederation of Trade Unions (HKCTU), was also arrested, according to local media.

The HKCTU is among scores of civil society groups and news outlets that have closed following the imposition of a sweeping national security law by Beijing in 2020 to stamp out dissent.

Police have arrested around 170 people under the security law, including opposition lawmakers, activists, journalists and students.

Authorities have also increasingly relied on sedition, a legacy law that until recently had not been deployed in decades.

The offence carries a maximum penalty of two years in jail.

Erwin van der Borght, Asia-Pacific regional director for Amnesty International, said the arrests showed the Hong Kong government will "stop at nothing to root out even the faintest murmurings of dissent".

"These arrests also provide further evidence that Hong Kong's national security police, who have virtually unchecked investigation powers... are increasingly involved in handling cases unrelated to national security," van der Borght said in a statement.

In recent months, sedition charges have been brought against pro-democracy unionists who produced euphemistic children's books, journalists, and people critical of the government's response to the Covid pandemic.

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