Forty-five Hong Kong pro-democracy activists sentenced to up to 10 years in prison in landmark national security case · Global Voices

Benny Tai. File photo: Jennifer Creery/HKFP. Used with permission.

This report was written by Kelly Ho and It was published in the Hong Kong Free Press on November 19 and 212024. The following edited version is published under a content partnership agreement.

Pro-democracy activist Benny Tai was sentenced to 10 years in prison for organizing an unofficial primary election in 2020, as the Hong Kong High Court handed down sentences in the city’s biggest-ever national security case.

Tai was among 45 pro-democracy figures convicted on November 19 of conspiracy to commit subversion, a crime under Beijing-imposed national security law.

Sentencing Tai to 10 years in prison, judges Andrew Chan, Alex Lee and Johnny Chan described Tai as the “mastermind” behind the plot. judgment.

Tai was initially sentenced to 15 years in prison; That sentence was reduced to 10 years after he pleaded guilty to the judges, each of whom is chosen to preside over national security cases. “The only mitigating development in (Tai’s) case was his early guilty plea. “There will be a discount of one third as usual.” The following statements were included in the decision:

Former district councilor Andrew Chiu was sentenced to seven years in prison after judges halved his initial sentence to take into account his guilty plea and assistance with the prosecution.

Chiu was one of four democrats who testified on behalf of the prosecution, along with Au Nok-hin, Ben Chung and Mike Lam. Lam, the only defendant released on bail throughout the trial, was sentenced to five years and two months in prison.

The second-longest sentence was given to activist Owen Chow, who was sentenced to seven years and nine months in prison, separate from a president. 5 years imprisonment for rebellion.

The court found that Chow’s role as an online petition starter to rally “radical” candidates was an aggravating factor. Former district councilor Wong Ji-yuet’s sentence of four years and five months will be served consecutively as follows: 3 years imprisonment for rebellion.

Joshua Wong, known worldwide for his student activism, was given a one-third reduction for his guilty plea and was sentenced to four years and eight months in prison. The judges said they “did not consider (Wong) to be a person of good character”, taking into account Wong’s previous convictions dating back to 2016. The judges said:

The sentence we gave (Wong) would not have a crushing effect on him either.

Former Stand News reporter Gwyneth Ho, who did not seek a mitigation, was sentenced to seven years in prison.

Veteran activist and former MP “Long Hair” Leung Kwok-hung was sentenced to six years and nine months in prison. His 24 previous convictions, some of which included unauthorized assemblies, meant judges “were (not) in a position to describe (Leung) as having a positive, good character”.

Kwok Ka-ki, Jeremy Tam, Claudia Mo, Andy Chui and Gary Fan received minimum sentences of four years and two months.

under control of Hong Kong Maintaining National Security RegulationThe law, which came into force in March to close “gaps” in Beijing’s security legislation, allows prisoners serving time in prison for national security crimes. subject to a higher threshold for early releaseIt eliminates the possibility of remission.

Most of the Democrats have been detained since being detained by police and charged on February 28, 2021, meaning they have already served more than three years and eight months in prison.

‘Constitutional chaos’

At the heart of the case was July 2020 election primariesThe opposition camp hoped to nominate candidates who would help it win majority control in the legislature in the upcoming elections.

The justices ruled that the democrats intended to abuse their power to indiscriminately veto the government budget and force the chief executive to resign if they actually won the majority.

In the 319-page ruling handed down in May, the justices wrote that Tai’s aim was to “undermine, destroy or overthrow (Hong Kong’s) existing political system and structure established under the Basic Law and Hong Kong policy.” One Country, Two Systems“China’s policy that gives it the right to rule over Hong Kong, Macau and Taiwan. This, they judged, would plunge the city into a “constitutional crisis.”

Beijing added national security legislation directly into Hong Kong’s mini-constitution in June 2020 After a year of pro-democracy protests and unrest. It was deemed a crime Destruction, separation, collusion with foreign powers and acts of terrorism – generally defined to include disruption of transportation and other infrastructure. The move gives police sweeping new powers and led to hundreds of arrests in the middle new legal precedentsWhile there are dozens of them Civil society groups have disappeared. Authorities say so stability and peace restored rejecting the criticisms and trading partners, United Nations And NGOs.

In response to the decision, US State Department spokesman Matthew Miller issued a statement saying steps would be taken to impose new visa restrictions on Hong Kong officials. Miller said:

The 45 defendants convicted today were aggressively prosecuted, and many now face life-altering prison sentences simply for their peaceful participation in political activities protected under the Hong Kong Basic Law… In response, the Ministry of Foreign Affairs is taking steps to implement new visas. Restrictions on multiple Hong Kong officials responsible for enforcing the (national security law).

Additionally, the Hong Kong government called the US sanctions plan a “despicable political manipulation” in a statement. He said:

Every reasonable and just person, after examining the decision of the court, will be convinced, supported by undeniable evidence, of the seriousness of the crime and the guilt of the convicted persons. Despite these stark facts, Western countries, anti-China organizations and politicians, and foreign media continue to distort the facts and attack maliciously.