The High Court in Hong Kong sentenced 45 pro-democracy activists to prison terms of up to 10 years on Tuesday. This ruling followed a significant national security trial that has severely harmed the city’s vibrant democracy movement. The decision has also faced criticism from the U.S. and other nations.
In 2021, authorities arrested a total of 47 pro-democracy activists. They were charged with conspiracy to commit subversion under a national security law imposed by Beijing, which allows for penalties of up to life in prison.
Benny Tai, a former legal scholar, received a 10-year prison sentence. This punishment is the longest issued so far under the 2020 national security law.
The charges against him stemmed from organizing an unofficial “primary election” in 2020. This event aimed to choose the best candidates for an upcoming legislative election. Prosecutors accused the activists of planning to disrupt the government if they were elected.
Some Western governments have criticized the trial. The U.S. called it “politically motivated” and urged the release of the democrats, who had legally and peacefully participated in political activities.
The Chinese and Hong Kong governments defend the national security laws as essential for restoring order following the mass pro-democracy protests in 2019. They assert that the democrats have been treated according to local laws.
CLOSELY WATCHED TRIAL
A closely watched trial lasted 118 days, resulting in 14 Democrats found guilty in May. Among those convicted were Australian citizen Gordon Ng and activists Owen Chow and Gwyneth Ho. Two individuals were acquitted.
The remaining 31 defendants pleaded guilty. All 45 received sentences ranging from 4 to 10 years.
Ho, who received a seven-year sentence, expressed her views in a Facebook post. She stated, “Our true crime for Beijing is that we were not content with playing along in manipulated elections.”
“We dared to confront the regime with the question: will democracy ever be possible within such a structure? The answer was a complete crackdown on all fronts of society.”
Australia’s Foreign Minister Penny Wong expressed her deep concern about the sentences. She urged China to stop suppressing freedoms of expression, assembly, media, and civil society in Hong Kong.
Chow received a sentence of seven years and nine months in jail. Prominent activist Joshua Wong was sentenced to four years and eight months, while Hendrick Lui faced more than four years in prison.
After the sentencing, Lui’s mother, Elsa Wu, shouted, “He’s a good person … he’s not a political prisoner … why does he have to go to jail?”
It was unclear whether the defendants, some of whom have already been detained for over three and a half years, would have this time deducted from their sentences.
CROWDED COURTROOMS
The judges Andrew Chan, Alex Lee, and Johnny Chan stated that they considered several factors in their sentencing. They evaluated the degree of planning, the number of participants, and the potential harms generated in a “holistic assessment.”
They did this regardless of whether the scheme would have succeeded or not. The judges explained that the organizers and participants would face hurdles, which is typical in cases attempting to subvert or destabilize a government. Consequently, they rejected the idea that the Scheme was bound to fail, asserting that this should not lead to a lighter sentence.
Crowds of people lined up outside the court starting in the early hours, many holding umbrellas against the light rain. They sought to secure seats in the main courtroom and the several spillover courts.
Authorities deployed a strong police presence around the West Kowloon Magistrates’ Court and several nearby blocks. This included police dogs, an armored truck, and vehicles with flashing lights. Some individuals underwent searches and questioning.
“I feel such an injustice needs witnessing,” said a woman named Margaret, who had been in line since Sunday afternoon. “They (the democrats) need to know they still have public support.”
Critics have argued that the ruling undermines Hong Kong’s status as a global financial center. This comes at a time when the city is hosting an international financial summit aimed at attracting more business.
Marco Rubio, U.S. President-elect Donald Trump’s nominee for secretary of state, has fiercely criticized the trial. In a previous open letter, he labeled the convictions as proof of the national security law’s “comprehensive assault on Hong Kong’s autonomy, rule of law, and fundamental freedoms.”
Outside the courthouse, Roxie Houge, head of the U.S. consulate in Hong Kong’s political section, expressed condemnation from the U.S. government. She stated, “the continuous prosecution of individuals here in Hong Kong who are expressing their political views … exercising their freedom of speech.”
Taiwan’s presidential office also condemned the jailings. They affirmed that democracy and freedom are universal values, and Taiwan will persist in showing solidarity with Hong Kong.
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