A Hong Kong activist detained under the national security law has mounted a legal challenge against a decision by prison authorities to withhold four books from her over allegations the texts had “biased” depictions of social events and promoted “violent resistance”.
Chow Hang-tung’s legal team argued in a written application for a judicial review that the ban was marred by a disproportionate restriction of her freedom to receive and impart information, as well as irregularities in the appeal mechanism.
Chow, 39, is awaiting trial on a charge of inciting subversion in her role as former vice-chairwoman of the now-dissolved Hong Kong Alliance in Support of Patriotic Democratic Movements of China, the group behind the city’s annual Tiananmen Square vigil.
The writ, seen by the Post on Wednesday, said the Correctional Services Department had denied Chow access to four books sent by her mother while she was remanded at the Tai Lam Centre for Women.
Among the banned publications was a historical account of the 1989 Tiananmen Square crackdown by 64 then journalists, including now lawmaker Priscilla Leung Mei-fun and Lo Wing-hung, proprietor of online news outlet Bastille Post, who assisted city leader John Lee Ka-chiu during his 2022 election campaign.
Two others were memoirs written by late opposition stalwart Szeto Wah and retired pastor Chu Yiu-ming, a co-founder of the 2014 Occupy Central civil disobedience campaign.
The fourth book is an award-winning novel telling the story of a Hong Kong family during the city’s turbulent times after its return to Chinese sovereignty in 1997.
The writ said a panel responsible for assessing inmates’ reading material found the books carried “biased” and “prejudiced” statements which could “induce resistance against governance” and “propagate ideas challenging authorities”.
A publications adjudication committee provided further reasons backing the decision after turning down Chow’s appeal in late April.
The committee argued the book on the 1989 crackdown, titled People Will Not Forget: A Chronicle by 64 Hong Kong Reporters, presented a “biased and distorted portrayal” of how Beijing handled the protests and promoted “anti-government and lawbreaking thoughts that could have a negative impact on inmates”.
The committee highlighted the “violent” nature of the democracy movement and criticised protesters for launching a resistance campaign to “force the government to make concessions”.
It claimed Szeto’s memoir provided “biased and distorted” descriptions of the mainland Chinese government, whereas Chu’s made false accusations against Hong Kong police and promoted anti-government and illegal behaviour.
The committee also found the novel, titled Brother and written by Chan Wai-yee, was capable of inciting hatred towards police with its “biased” depictions.
“These publications, which promote violent resistance [and disruption to] social order and spread anti-government sentiment through various biased and distorted descriptions, are detrimental to the institution’s security order and discipline and unfavourable to [inmates’] determination to rehabilitate,” it concluded.
Chow’s lawyers argued that the mere fact the books discussed contemporary politics and societal concerns or challenged the current political order through peaceful means did not justify an outright ban.
They suggested Chow might suffer a “complete information blockage” concerning sociopolitical issues that authorities considered to be sensitive.
Her legal team also warned about a “grave chilling effect” arising from the department’s public condemnation of the books, which they said could invite suspicion that the texts were considered illegal.
“It is seriously doubtful that the books pose prison security or national security risks as alleged,” the writ said.
“It is also inconceivable that any immediate risks will materialise, such as riots stirred up because [the people in custody] have read the books about what happened in mainland China and Hong Kong historically.”
A hearing date has yet to be fixed.
