45 jail sentences in Hong Kong’s main opposition trial, sounding the death knell for political freedom

The hearing in Hong Kong’s West Kowloon High Court lasted six minutes on Tuesday (November 19) as sentences were handed down in the case that destroyed the democracy movement in the Chinese-captured city. Forty-five former party leaders, activists or citizens who dared to participate in the primary election in the summer of 2020, just after Beijing enacted a draconian national security law, crowded into the glass box. They all received prison sentences.

The presiding judge, flanked by two other judges also appointed by a Beijing-controlled government, made clear he would not read the 82-page ruling. The curled-up wig and red-black dress are all that remain of the rule of law that was once the pride of Hong Kong. When the judge read quickly, he listed the defendants’ numbers – without their names – the letter D for “defendant” in front of him, and the prison sentences: “D1 = 120 months, D2 = 81 months, D3 = 84 months,” etc.

The number of defendants and the public interest in the death knell of political freedom were so great that several side rooms had to be opened to accommodate lawyers, families, supporters, committed citizens and the press. Democratic parties had held this primary in July 2020 to maximize their chances of winning seats in future legislative elections (as in normal politics elsewhere) in an electoral system that heavily favors pro-China candidates. Some wanted to prevent the adoption of budgets that, in case of victory, would result in the local government being forced to resign.

‘They sacrificed their freedom’

The prosecution and judges saw this as a desire to win the election in order to create a “constitutional crisis” and described it as a “conspiracy to subvert”. Benny Tai, a former law professor at the prestigious University of Hong Kong who was in charge of the primary election, was sentenced to 10 years in prison. The government states that he would have received 15 if he had not admitted his guilt.

Early remorse during the trials, which have dragged on for more than three and a half years since the massive raid in January 2021, apparently largely guides the imposition of sentences, influencing those who refuse to plead guilty to what was then just ordinary political life. Following Tai, who was presented as the “chief architect” of the conspiracy, 20 people were sentenced to five to eight years in prison, 24 to four to five years.

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