HONG KONG — A Hong Kong court handed down prison sentences ranging from four to ten years to 45 former lawmakers and activists on Tuesday. This constitutes the largest national security case to date under the 2020 law, effectively dismantling the city’s once-vibrant pro-democracy movement.
Their charges stemmed from participation in an unofficial primary election in July 2020, which prosecutors alleged aimed to cripple the Hong Kong government and force the resignation of its leader by securing a legislative majority to obstruct government budgets.
The July 2020 unofficial primary attracted 610,000 voters; its winners were poised to advance to the official election. However, authorities subsequently cancelled the official election, citing COVID-19 public health concerns.
Legal scholar Benny Tai, identified by the judges as the mastermind, received the harshest sentence of 10 years. The court granted reduced sentences to defendants who claimed unawareness of the scheme’s illegality.
However, Tai and former lawmaker Alvin Yeung, both lawyers, were not granted such leniency due to their unwavering commitment to the plan’s execution, as stated by the court.
The court’s judgment, published online, characterized Tai’s actions as advocating for a revolution through months of published articles outlining his strategy. This was despite Tai’s assertion, in a plea for a reduced sentence, that these steps were not intended as a political action blueprint.
Two of the initial 47 defendants were acquitted earlier this year. The remainder either pleaded guilty or were found guilty of conspiracy to commit subversion. The court’s verdict stated that the activists’ plan to effect change through the unofficial primary would undermine governmental authority and trigger a constitutional crisis.
The judges dismissed arguments from some defendants that the scheme was never realistically feasible, asserting that all participants actively pursued its success.
The court emphasized the substantial time, resources, and financial investment dedicated to organizing the primary election.
“When the Primary Election took place on the 10 and 11 July, no one had remotely mentioned the fact that Primary Election was no more than an academic exercise and that the Scheme was absolutely unattainable,” the judgment read. “In order to succeed, the organizers and participants might have hurdles to overcome, that however was expected in every subversion case where efforts were made to overthrow or paralyze a government.”
Several defendants waved to relatives in the courtroom after sentencing.
Gwyneth Ho, a journalist-turned-activist sentenced to seven years, stated on her Facebook page that their true offense in Beijing’s eyes was their refusal to participate 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,” she wrote.
Chan Po-ying, wife of defendant Leung Kwok-hung (sentenced to six years and nine months), expressed unsurprise at the verdict. She stated they sought to utilize rights granted by the city’s mini-constitution to pressure authorities into addressing the public’s concerns.
“This is an unjust imprisonment. They shouldn’t be kept in jail for one day,” said Chan, chair of the League of Social Democrats.
Emilia Wong, girlfriend of Ventus Lau, described the sentence as expected, viewing it as a transitional moment in history, pledging continued support.
Philip Bowring, husband of Claudia Mo, expressed relief at the conclusion of the sentencing.
Observers connected the trial to the government’s suppression of dissent following the 2019 anti-government protests, alongside media crackdowns and reduced electoral choice. These actions, they contend, highlight the erosion of Beijing’s 1997 pledge to uphold Hong Kong’s civil liberties for 50 years.
Beijing and the Hong Kong government maintained that the national security law was essential for maintaining stability.
The sentences attracted condemnation from foreign governments and human rights groups.
The U.S. Consulate in Hong Kong issued a statement strongly condemning the sentences, characterizing the defendants’ actions as peaceful participation in political activities protected under Hong Kong’s Basic Law.
Hong Kong Secretary for Security Chris Tang stated in a news briefing that the sentences reflect the necessity of severe punishment for national security crimes.
The subversion case encompassed pro-democracy activists from various backgrounds, including Tai, former student leaders, and former lawmakers. Wong received a four-year and eight-month sentence, while Young activist Owen Chow received the second longest sentence of seven years and nine months.
Most defendants had been detained for over three and a half years prior to sentencing, causing hardship for both themselves and their families.
Over 200 people queued in inclement weather Tuesday morning for courtroom seats, including an acquitted defendant, Lee Yue-shun, who emphasized the importance of public awareness and understanding of the case.
“The public’s interpretation and understanding has a far-reaching impact on our society’s future development,” he said.
Wei Siu-lik, a friend of convicted activist Clarisse Yeung, arrived at 4 a.m. despite a leg injury, to show support.
Thirty-one activists pleaded guilty, potentially influencing sentence reductions. The law allows for sentences ranging from under three years for minor offenses to life imprisonment for grave offenses.
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