After a long legal battle, Hong Kong’s 47 democrats are preparing for sentencing

By James Pomfret and Jessie Pang

HONG KONG (Reuters) – A Hong Kong court this week will sentence 45 democratic campaigners in a major national security case, with potentially hefty prison sentences that could further damage the financial hub’s once vibrant pro-democracy movement, critics say.

In May, 14 of 47 Democrats were found guilty of conspiracy to commit subversion, and two were acquitted. 31 people had previously pleaded guilty in the hope of reducing sentences.

The USA described the case and the guilty verdicts as “politically motivated” and demanded the release of the defendants.

While Hong Kong authorities said the legal process was impartial, they condemned critical comments from Western democracies as unfounded and “malicious smear”.

On Tuesday, three national security judges hand-picked by the government for this hearing will bring to an end the legal saga that began with the Democrats’ arrest in January 2021. Prison sentences are expected to range from a few years for participants to possible life imprisonment for actual offenders. .

The subversive conspiracy charges followed unofficial primaries held in July 2020 to maximize Democrats’ chances of winning a majority in the upcoming legislative council elections.

The convictions silenced some of the most popular and committed pro-democracy voices, according to a review of social media posts and interviews with lawyers and relatives of half a dozen defendants.

“This case has swept away the entire pro-democracy camp in Hong Kong,” said Emilia Wong, the girlfriend of Ventus Lau, one of the defendants.

Before the trial, democrats had existed in the space promised when Hong Kong passed from British to Chinese rule in 1997; Under the “one country, two systems” formula, the city was granted extensive freedoms not granted to those in mainland China.

But critics say that model was damaged when China enacted a national security law in July 2020 after pro-democracy protests swept the city a year ago.

Beijing says it is sticking to this formula.

CAUGHT IN “A SINGLE NET”

“These people suffered a kind of social death and died temporarily in the political arena. A single network caught them all,” said Wong, who has visited Lau in prison hundreds of times since he was imprisoned in 2021.

Five relatives and friends of the defendants interviewed by Reuters said they felt a sense of relief at the sentencing after a long period of legal uncertainty that left some with mental and physical health problems.

One of the defendants, Eddie Chu, a former journalist, now suffers from glaucoma and sometimes cannot see clearly how it affects his mood, according to his friend Debby Chan.

John, the husband of the other defendant, Winnie Yu, who did not want to disclose his full name due to the sensitivity of the issue, said that he stood by his decision not to admit the crime, even though he knew that the possibility of acquittal was low.

“Because he wants to say something,” John told Reuters. “Stay true to our beliefs, don’t change our minds easily because of others, be ourselves… I think this experience will be passed on to generations.”

Some legal experts say the treatment of Democrats is a departure from common legal traditions. Most were denied bail and all were denied a jury trial.

“The decision by 47 Democrats makes clear that any such alignment with human rights or the rule of law runs counter to the crucial legislative purpose of the national security law as a means of protecting national security,” said Urania Chiu, a doctoral legal scholar. at Oxford University.

China says security laws are necessary to restore order after mass protests in 2019.

Sarah Brooks, Amnesty International’s China director, said there were parallels between this case and devastating lawsuits against government critics in mainland China.

“The opposition is seen as the opposition… This is a remarkable turnaround for Hong Kong.”

Chan, Eddie Chu’s friend, said that although the current national security legal system prohibits protesting or speaking publicly, many people maintain their desire for freedom and democracy in private.

“The democratic movement in Hong Kong has now become invisible,” he told Reuters. “Taking on another meaning and form.”

(Reporting by James Pomfret and Jessie Pang; Editing by Lincoln Feast.)