45 Hong Kong Pro-Democracy Activists Receive Jail Terms for Subversion

A court in Hong Kong has handed down prison sentences to numerous pro-democracy figures, condemning them to several years behind bars for subversion after a contentious national security proceeding. Among the individuals from the “Hong Kong 47” group of campaigners and legislators implicated in a scheme to select opposition contenders for local elections were Benny Tai, aged 60, and Joshua Wong, aged 28. Tai was given a 10-year sentence, while Wong received a term exceeding four years. In total, 45 individuals were incarcerated for their involvement in a conspiracy to commit subversion. Two of the accused were found not guilty in May. This legal proceeding represented the most extensive trial conducted under the national security law (NSL), a legislation enacted by China in the city soon after significant pro-democracy demonstrations erupted in 2019. These demonstrations saw hundreds of thousands participate in a prolonged confrontation with Beijing. Initially sparked by a government proposal for an extradition agreement with mainland China, the protests rapidly expanded to encompass broader calls for democratic changes. Commentators suggest that both the NSL and the verdict of this trial have substantially diminished the city’s pro-democracy movement and its adherence to the rule of law, thereby enabling China to solidify its authority over the former British colony. Beijing and the Hong Kong government dispute this assertion, contending that the NSL is essential for preserving stability. They further state that these punishments are intended to deter individuals who seek to compromise China’s national security. “No one can engage in illegal activities in the name of democracy and attempt to escape justice,” China’s foreign ministry declared on Tuesday. The ministry additionally stated its “firm opposition” to Western nations “undermining the rule of law in Hong Kong”. Pro-democracy advocates in the city responded to the verdicts with feelings of dismay and sorrow. Emily Lau, the former chair of the Democratic Party of Hong Kong, informed the BBC’s Today programme, “We are very distressed and their families are devastated.” She further mentioned that she and numerous other individuals were unable to gain entry to the courtroom due to its capacity. The proceedings on Tuesday garnered considerable attention from Hongkongers, with scores lining up outside days in advance to secure a place in the public gallery. A significant number of the 45 individuals facing trial were prominent figures within Hong Kong’s protest movement. Tai, a law professor, gained widespread recognition as a pivotal leader in 2014; Wong commenced his activism as a teenager; and Gwyneth Ho, a young former journalist, required hospitalization following a mob assault during the 2019 demonstrations. Experienced former legislators like Claudia Mo and Leung Kwok-hung, known as Long Hair, dedicated substantial portions of their professional lives to advocating for a more liberal Hong Kong. Meanwhile, new activists such as Owen Chou and Tiffany Yuen entered the legislative council forcefully, marking a crucial juncture for the protests. All these individuals were present in court, an infrequent public sighting, as many have been incarcerated since their apprehension in early 2021, given that pre-trial detention is a frequent practice under the NSL. Lee Yue-shun, one of the two defendants who were acquitted, was observed queuing on Tuesday. He informed journalists of his desire to encourage Hongkongers to “raise questions” regarding the case, stating that “everyone has a chance to be affected” by its repercussions. A number of activists were also awaiting entry to the court. Bobo Lam, previously arrested under the NSL, indicated his presence was to support incarcerated friends and “let them know, that there are still many HongKongers who haven’t forgotten them”. Other attendees appeared encouraged by the large turnout, implying that people “remember what happened”. Prior to the hearing, an elderly woman named Regina Fung chanted, “everybody hang in there, stand for Hong Kong.” She remarked, “It’s very sad, even the weather in Hong Kong is miserable today.” Within the courtroom, relatives and acquaintances in the public gallery waved to the defendants, who maintained a composed demeanor while seated in the dock. Some individuals in the gallery shed tears as the sentences, which spanned from four to 10 years, were announced. Tai, a former law professor credited with devising the unofficial primary election scheme, was handed the most severe sentence, with judges asserting that he had “advocated for a revolution”. Wong’s sentence was lessened by one-third subsequent to his guilty plea. However, unlike certain other defendants, he did not receive additional reductions because judges “did not consider him to be a person of good character”. At the moment of his apprehension, Wong was already incarcerated for his involvement in protests. Inside the courtroom, Wong exclaimed “I love Hong Kong” prior to his departure from the dock. Upon exiting the court at the conclusion of the hearing, Leung’s wife, activist Chan Po-ying, was heard vocalizing a protest against his imprisonment. The government of the United Kingdom stated that the individuals who received sentences had been “exercising their right to freedom of speech, of assembly and of political participation.” A statement from the UK government asserted, “Today’s sentencing is a clear demonstration of the Hong Kong authorities’ use of the NSL to criminalise political dissent.” The United States characterized the trial as “politically motivated”. Australia expressed “strong objections” to the application of the NSL and conveyed its “grave concern” regarding the sentencing of Gordon Ng, one of its citizens. This judicial decision was announced one day after UK Prime Minister Sir Keir Starmer held a meeting with China’s Xi Jinping at the G20 summit, during which he brought up the situation of Jimmy Lai, the billionaire pro-democracy activist facing a treason trial. When questioned directly about Tuesday’s verdict, he advocated for maintaining closer relations with Beijing, asserting that while it was “important” to be “open… and talk about our disagreements”, it was equally within the “national interest” to cultivate a “serious and pragmatic relationship” with China. “I certainly hope the British government, the prime minister, will stand up for the rights that they promised the Hong Kong people. All these promises, these rights and rule of law are evaporating,” Ms Lau conveyed to the BBC. She questioned the justification for imprisonment for organizing an election. Following the decline of the 2019 protests due to the Covid pandemic, the defendants arranged an unofficial primary for the Legislative Council election, aiming to sustain