Up to 10 years in prison for those who sought free elections in Hong Kong
The territory’s High Court convicted 45 activists for organising primary elections for the opposition in 2020. They include well-known people, like legal scholar Benny Tai and umbrella movement leader Joshua Wong. Many pleaded guilty to obtain a reduction in sentence, but none were sentenced to less than 4 years. Card Zen was in the courtroom for the verdict. Jimmy Lai’s trial resumes tomorrow.
Hong Kong (AsiaNews/Agencies) – Some 45 pro-democracy advocates have been handed down prison sentences under the national security law Beijing imposed on Hong Kong for organising primaries to choose opposition candidates.
They include Benny Tai, a former associate professor of law, who was given the longest sentence, 10 years, for "conspiracy to commit subversion,” and Joshua Wong, a student and activist who became famous abroad for the so-called umbrella movement, who was sentenced to four years and eight months in prison.
Hong Kong's High Court issued the ruling this morning, concluding after 1,400 days a case that began on 6 January 2021 with the roundup of dozens of activists. Those who were part of the "Hong Kong 47" group were formally indicted on 28 February 2021; since then, most have been held in pre-trial detention.
Benny Tai was initially given a 15-year sentence, which was reduced to 10 years after the three judges, especially chosen by Hong Kong’s pro-Beijing administration to rule in national security law cases, acknowledged his admission of guilt.
“The only mitigation in [Tai’s] case was his early plea of guilty. To that, the customarily one-third discount would be given,” the judgement read.
In May, in a separate ruling in which two activists from the group of 47 were acquitted, the High Court judges wrote that Tai’s goal was to “undermine, destroy or overthrow the existing political system and structure of [Hong Kong] established under the Basic Law and the policy of One Country, Two Systems.”
In the judges’ view, this would have plunged the city into a “constitutional crisis”. In reality, in July 2020 the pro-democracy movement sought to choose candidates to represent the opposition in the elections for the Legislative Council (LegCo) to defeat pro-Beijing forces.
The elections, which were supposed to take place in September 2020, were postponed to the end of 2021, ostensibly because of the COVID-19 pandemic.
By then, leading activists and lawmakers had been sent to jail or forced into exile, and no pro-democracy candidate was able to stand for election even though the primaries were peaceful and saw the participation of 600,000 people.
Several members of the movement pleaded guilty to get a reduced sentence: former District Councillor Andrew Chiu’s sentence was cut by half to seven years for collaborating with prosecution, along with Au Nok-hin, Ben Chung, and Mike Lam.
Activist Owen Chow was instead given a sentence of seven years and nine months to be served separately from a five-year sentence for rioting. The court ruled that Chow played the role of initiator, starting an online petition to recruit candidates, deemed "radical" by Beijing, an aggravating circumstance for the court.
Former Stand News reporter Gwyneth Ho, who did not file an application for mitigation, was sentenced to seven years in prison.
Activist and former LegCo member Leung Kwok-hung was sentenced to six years and nine months in prison; he has 24 prior convictions, including unauthorised assemblies.
No one received a prison sentence of less than four years.
As he was leaving the dock, Joshua Wong, shouted, "I love Hong Kong". He was not granted any additional reduction because, for the judges, he was not a person of "good character”.
Scores of people attended the audience, including Cardinal Joseph Zen.
Outside the courthouse, a woman tried to display a banner that read: “The righteous shall live; the wicked shall perish.” She was quickly taken away in a police van.
According to the Hong Kong Democracy Council, an organisation based in Washington, DC (US), the ruling represents “an attack on the essence of Hong Kong — one that yearns for freedom, democracy, and the right to political expression.”
“This is a hostile demonstration of determined repression against Hong Kongers who dare to stand up and speak out for their rights,” said Anna Kwok, HKDC’s Executive Director, stressing that another 1,900 political prisoners remain in prison in Hong Kong, which “is no longer sufficiently autonomous”.
Beijing is defending the court's decisions, saying the convictions serve as a warning to those who attempt to undermine China's national security.
“No one can engage in illegal activities in the name of democracy and attempt to escape justice," China's foreign ministry said today, noting that it was "firmly opposed" to Western countries “undermining the rule of law in Hong Kong”.
In addition to today’s ruling, at least two other, highly significant trials are taking place in Hong Kong under the national security law.
One is against Jimmy Lai, the founder of the pro-democracy newspaper Apple Daily. It is set to resume tomorrow with a hearing in which the defendant is expected to testify. It began in December 2023, after he had already spent more than a thousand days in prison. His testimony and cross-examination should take three to four weeks.
Activists Lee Cheuk-yan, Albert Ho and Chow Hang-tung – charged more than three years ago for organising vigils to remember the events in Tiananmen Square – are still being held in pre-trial detention pending trial, which is currently set to begin on 7 May.
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06/02/2023 14:12
14/07/2020 11:43
