Hong Kong has jailed 45 pro-democracy activists in its latest round of China-imposed crackdowns.
The former British colony has seen its once-thriving pro-democracy movement crushed in recent years under the weight of increasingly draconian laws supported by Beijing.
In the biggest implementation of the 2020 national security law since its introduction dozens of former politicians, lawyers and activists have been handed prison sentences of up to 10 years.
They were prosecuted for their role in an unofficial primary vote held to pick opposition candidates for the 2020 legislative election.
The unofficial primary held in July 2020 drew 610,000 voters, and its winners had been expected to contest the official election.
However, authorities canceled the legislative election citing public health risks during the COVID-19 pandemic and the pro-democracy parties then boycotted the subsequent 2021 election resulting in a near clean sweep of the seats by the pro-Beijing camp.
Prosecutors said, in holding the primary, their aim was to paralyze Hong Kong’s government and force the city’s leader to resign by aiming to win a legislative majority and using it to block government bills indiscriminately.
Organisers at the time argued the ballot – which saw over half a million citizens turn out to vote – was allowed under the Basic Law which allows certain freedoms.
In the biggest implementation of the 2020 national security law since its introduction dozens of former politicians, lawyers and activists have been handed prison sentences of up to 10 years
A pro-democracy activist protests outside the West Kowloon courts. The former British colony has seen its once-thriving pro-democracy movement crushed in recent years under the weight of increasingly draconian laws supported by Beijing
Chinese leader Xi Jinping. Whilst the Chinese and Beijing-backed Hong Kong government have continuously insisted the national security law is necessary for the city’s stability, observers were not inclined to agree
The judges reduced the sentences for defendants who said they were unaware the plan was unlawful.
Despite this legal scholar Benny Tai, whom the judges called the mastermind, received the longest sentence of 10 years.
The court said the penalties were not reduced for Tai and former lawmaker Alvin Yeung because they are lawyers who were ‘absolutely adamant in pushing for the implementation of the Scheme.’
In the judgment posted online, the judges wrote that Tai essentially ‘advocated for a revolution’ by publishing a series of articles over a period of months that traced his thinking, even though in a letter seeking a shorter sentence Tai said the steps were ‘never intended to be used as blueprint for any political action.’
Whilst the Chinese and Beijing-backed Hong Kong government have continuously insisted the national security law is necessary for the city’s stability, observers were not inclined to agree.
They said the trial illustrated how authorities suppressed dissent following huge anti-government protests in 2019, alongside media crackdowns and reduced public choice in elections.
Observers added that China’s promise to respect civil liberties in Hong Kong for 50 years – after the handover ceremony in 1997 – were increasingly threadbare.
Meanwhile, foreign governments have strong condemned the sentencing.
Benny Tai (pictured), whom the judges called the mastermind, received the longest sentence of 10 years
Outside the courthouse, more than 200 people stood in rain and wind on Tuesday morning to try and gain a seat in the public gallery
A supporter holds a poster showing some of the pro-democracy activists. Observers added that China’s promise to respect civil liberties in Hong Kong for 50 years – after the handover ceremony in 1997 – were increasingly threadbare
The British government’s minister for the Indo-Pacific, Catherine West said in a statement: ‘China’s imposition of the National Security Law (NSL) in Hong Kong has eroded the rights and freedoms of Hong Kongers.
‘Today’s sentencing is a clear demonstration of the Hong Kong authorities’ use of the NSL to criminalise political dissent.’
‘Those sentenced today were exercising their right to freedom of speech, of assembly and of political participation, as guaranteed under the International Covenant on Civil and Political Rights and Basic Law.
‘The UK will always stand up for the people of Hong Kong, and all states should uphold their international obligations to protect these fundamental rights.’
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In a statement, the US Consulate in Hong Kong said: ‘The defendants were aggressively prosecuted and jailed for peacefully participating in normal political activity protected under Hong Kong’s Basic Law.’
Outside the courthouse, more than 200 people stood in rain and wind on Tuesday morning to try and gain a seat in the public gallery.
Among them was one of the two acquitted defendants, Lee Yue-shun. Lee said he hoped members of the public would show they care about the court case.
During the swift ruling some defendants waved at their relatives in the courtroom after they were sentenced. Most of whom had already been detained for more than three and a half years beforehand.
Family members of defendants spoke to reporters after the sentencing.
Chan Po-ying, wife of defendant Leung Kwok-hung, told reporters she wasn’t shocked when she learned her husband received a jail term of six years and nine months. She said they were trying to use some of the rights granted by the city’s mini-constitution to pressure those who are in power to address the will of the people.
‘This is an unjust imprisonment. They shouldn’t be kept in jail for one day,’ said Chan, also the chair of the League of Social Democrats, one of the city’s remaining pro-democracy parties.
Pro-democracy activist Joshua Wong was sentenced to four years and eight months in jail
Hong Kong’s pro-democracy protests in 2019. That year Hong Kong saw a wave of massive protests after the government proposed a bill that would have allowed extraditions to mainland China
Emilia Wong, the girlfriend of Ventus Lau, said his jail term was within her expectations. She said the sentencing was a ‘middle phase’ of history and she could not see the end point at this moment, but she pledged to support Lau as best as she could.
Philip Bowring, the husband of Claudia Mo, was relieved that the sentences were finally handed down.
Two of the 47 original defendants were acquitted earlier this year. The rest either pleaded guilty or were found guilty of conspiracy to commit subversion. The judges said in their verdict that the activists’ plans to effect change through the unofficial primary would have undermined the government’s authority and created a constitutional crisis.
The judges rejected the reasoning from some defendants that the scheme would never have materialized, stating that ‘all the participants had put in every endeavor to make it a success.’
The judges highlighted that a great deal of time, resources and money were devoted to the organization of the primary election.
Hong Kong Secretary for Security Chris Tang said in a news briefing that the sentences showed those committing national security crimes must be severely punished.
The subversion case involved pro-democracy activists across the spectrum. They include Tai, former student leader Joshua Wong and former lawmakers. Wong was sentenced to four years and eight months in jail. Young activist Owen Chow was given the second-longest jail term, seven years and nine months.
In 2019, Hong Kong saw a wave of massive protests after the government proposed a bill that would have allowed extraditions to mainland China.
According to Amnesty International, up to two million took to the streets and eventually the Extradition Bill was dropped.
But the movement then evolved into a much wider call for change and protests in Hong Kong continued leading to a widespread government crackdown and the implementation of the now infamous national security law.
The 2019 movement then evolved into a much wider call for change and protests in Hong Kong continued leading to a widespread government crackdown and the implementation of the now infamous national security law.
The law was imposed on Hong Kong by China in accordance with the Basic Law Article 18, sensa 138 which allows for China’s national laws to be valid in Hong Kong.
After the protests started to dwindle due to Covid lockdowns, the unofficial primaries were part of an effort to keep the dormant movement alive.
As previously mentioned, they argued the ballot was allowed under the Basic Law which allows certain freedoms.
However, the government and Beijing warned the move could breach the newly implemented national security law which had came into effect just days before the vote.
The government claimed the move was an attempt to overthrow their government and later arrested those involved in early 2021.
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