45 democrats jailed in Landmark Hong Kong case, sparking criticism

HONG KONG >> Hong Kong’s Supreme Court on Tuesday sentenced 45 pro-democracy activists to up to 10 years in prison following a landmark national security case that damaged the city’s once-feisty democracy movement and sparked criticism from the United States and other countries.

A total of 47 pro-democracy activists were arrested in 2021 and charged with conspiracy to commit subversion under the national security law imposed by Beijing, which carries a sentence of up to life imprisonment.

Former legal academic Benny Tai, described in the ruling as the “mastermind” of the activists’ plans, was sentenced to 10 years in prison, the longest prison sentence ever under the 2020 national security law.

Accusations of holding an unofficial “primary election” in 2020 to choose the best candidates for the upcoming parliamentary elections. The activists were accused by prosecutors of plotting to paralyze the government by engaging in potentially subversive actions if elected.

Some Western governments criticized the case; The US described it as “politically motivated” and said the democrats should be released because they were legally and peacefully participating in political activities.

The Chinese and Hong Kong governments say national security laws are necessary to restore order after mass pro-democracy protests in 2019 and that democrats are being treated in accordance with local laws.

CLOSELY MONITORED TRIAL

After a 118-day trial, 14 democrats, including Australian citizen Gordon Ng and activists Owen Chow and Gwyneth Ho, were found guilty in May, while two were acquitted.

Another 31 people pleaded guilty and 45 people were given sentences ranging from 4 to 10 years. “For Beijing, our real crime is that we are not content to participate in manipulated elections,” Ho, who was sentenced to seven years in prison, wrote in a Facebook post.

“We had the courage to confront the regime with this question: Will democracy be possible within such a structure? “The answer was total repression on every front of society.”

Australian Foreign Affairs Minister Penny Wong said she was “gravely concerned” by the sentences and called on China to “cease its crackdown on freedoms of expression, assembly, media and civil society” in Hong Kong.

Chinese foreign ministry spokesman Lin Jian told reporters that “no one can engage in illegal activities in the name of democracy and try to evade legal punishment,” adding that Beijing “firmly supports” Hong Kong’s efforts to protect national security.

Chow was sentenced to seven years and nine months in prison, while prominent activist Joshua Wong was sentenced to four years and eight months in prison and Hendrick Lui was sentenced to more than four years in prison.

Lui’s mother, Elsa Wu, then shouted: “He is a good person… not a political prisoner… why does he need to go to prison?”

Lawyers of some defendants who have been detained for more than 3.5 years said that they expect this period to be deducted from their sentences, which means that some defendants may be released next year.

Crowded COURT ROOMS

Judges Andrew Chan, Alex Lee and Johnny Chan wrote that in handing down the sentence, they made a “holistic assessment” of factors such as the degree of planning, the number of people involved, and the potential damages incurred, regardless of whether the plan would come true or not. or not.

“There may be obstacles that organizers and participants must overcome to be successful; but this was to be expected in every case of subversion in which an effort was made to overthrow or paralyze a government. We therefore reject the suggestion that the Scheme is doomed to failure and that a more lenient sentence should be imposed,” the judges wrote.

But judges decided to reduce the sentences of some people who pleaded guilty, including Tai, by a third.

Hundreds of people had lined up in front of the court since the early hours of the morning; Many were carrying umbrellas in the light rain, trying to find a seat in the main courtroom and several spread courts.

Authorities established a heavy police presence outside the West Kowloon Magistrate Court and several surrounding blocks, with police dogs, an armored truck and vehicles with flashing lights. Some people were searched and questioned.

“I feel like such injustice needs testimony,” said a woman who gave her name as Margaret and was waiting in line Sunday afternoon. “They (Democrats) need to know they still have popular support.”

The decision, which critics say undermines Hong Kong’s role as a global financial centre, comes as the city hosts an international financial summit to attract more business.

U.S. President-elect Donald Trump’s nominee for secretary of state, Marco Rubio, harshly criticized the case and in an earlier open letter criticized the convictions as evidence of the national security law’s “comprehensive assault on Hong Kong’s autonomy and the rule of law.” and fundamental freedoms.”

Speaking outside the courthouse, Roxie Houge, head of the U.S. Consulate in Hong Kong’s political division, said the U.S. government condemns “the continued prosecution of individuals who express their political views here in Hong Kong…exercising their freedom of expression.”

Taiwan’s presidential office condemned the arrests, saying democracy and freedom are universal values ​​and Taiwan will continue to stand in solidarity with Hong Kong.