HONG KONG – Forty-five former members and activists were sentenced to four to 10 years in prison on Tuesday in Hong Kong’s biggest national security trial under a Beijing-imposed law that has crushed the once-thriving democracy movement.
They are being prosecuted under the 2020 national security law for their role in the illegal primary election. Prosecutors said their aim was to paralyze the Hong Kong government and force the city’s leader to resign in order to gain a legal majority and use it to block the government’s budget indiscriminately.
The first unofficial phase held in July 2020 drew 610,000 voters, with the winners expected to advance to the official election. Authorities postponed the official election, however, citing public health risks during the COVID-19 crisis.
Legal expert Benny Tai, who the judges called a genius, received the longest sentence of 10 years. The judges said the sentences were reduced for the defendants who said they did not know the scheme was illegal.
However, the court said that the fines were not reduced for Tai and former lawyer Alvin Yeung because they were lawyers who “were consistent in pursuing the implementation of the Scheme.”
In a judgment posted online, the judges wrote that Tai had actually “represented a revolution” by publishing a series of articles in the months following his reasoning, although in a letter seeking a shorter sentence Tai said the measures “were not at all.” intended to be used as a blueprint for any political action.”
Two of the 47 defendants were released earlier this year. Others pleaded guilty or were found guilty of plotting a coup. The judges said in their decision that the plans of these activists to make a change by using this illegal case will be undermining the authority of the government and creating a constitutional dispute.
The judges rejected the other defendants’ arguments that the scheme could not have happened, saying that “all participants made every effort to make it successful.”
The judges highlighted that a lot of time, resources and money were devoted to organizing the first election.
“During the Youth Elections on 10 and 11 July, no one ever said that the Youth Elections were not just a learning program and that the Strategy was not accessible at all,” reads the decision. “For it to be successful, the organizers and participants may have obstacles to overcome, however this was expected in all coup cases where attempts are made to overthrow or paralyze the government.”
Some of the defendants waved to their relatives in court after the sentencing.
Gwyneth Ho, a journalist-turned-activist who was jailed for seven years, said “our real crime in Beijing is that we are not satisfied with playing along in rigged elections” on her Facebook page.
“We had the courage to confront the government with this question: Will democracy ever happen within such a framework? The answer was the complete demolition of all social structures,” he wrote.
Chan Po-ying, the wife of defendant Leung Kwok-hung, told the media that she was not shocked when she heard that her husband received a sentence of six years and nine months. He said they are trying to use some of the rights given to them by the constitution of the city to pressure those in power to face the will of the people.
“This is an unjust arrest. They should not be kept in jail for one day,” said Chan, who is also the chairman of the League of Social Democrats, one of the remaining pro-democracy groups in the city.
Emilia Wong, Ventus Lau’s girlfriend, said that his imprisonment was in line with her expectations. He said the sentencing was a “middle stage” of history and he did not see an end in sight yet, but promised to support Lau as much as possible.
Philip Bowring, Claudia Mo’s husband, was relieved that the sentences had finally been handed down.
Observers said the case shows how authorities have suppressed dissent following massive anti-government protests in 2019, as well as harassing the media and reducing public choice in elections. The drastic changes show how Beijing’s promise to preserve the former British state’s independence for 50 years when it returned to China in 1997 is becoming increasingly tight, they said.
Read more: ‘We’re at the Point of No Return’: How a Series of Protests Escalated into an All-Out Battle for Hong Kong’s Soul
The governments of Beijing and Hong Kong have insisted that national security legislation is necessary for the city’s stability.
The sentence drew criticism from foreign governments and human rights groups.
The US ambassador to Hong Kong said the US strongly condemned the sentences of 45 pro-democracy lawyers and former legislators.
“The defendants have been severely prosecuted and imprisoned for peacefully participating in political activities protected under Hong Kong’s Basic Law,” the statement said, referring to the city’s bylaw.
In Beijing, Chinese Foreign Ministry spokesman Lin Jian told reporters that no one should be allowed to use democracy as an excuse to do illegal things and escape justice.
Hong Kong Security Secretary Chris Tang said in a press conference that these sentences show that those who commit national security crimes must be severely punished.
The coup involved pro-democracy activists across the spectrum. They included Tai, former student leader Joshua Wong and former law enforcement officials. Wong was sentenced to four years and eight months in prison. Young activist Owen Chow was given the second longest prison sentence, seven years and nine months.
Most of them have already been in prison for more than three and a half years before being sentenced. The separation hurt them and their families.
More than 200 people lined up in the rain and wind Tuesday morning to sit in court, including one of the innocent defendants, Lee Yue-shun. Lee said he hopes members of the public will show they care about the court case.
“The interpretation and understanding of society has a great impact on the development of the future of our society,” he said.
Wei Siu-lik, a friend of convicted activist Clarisse Yeung, said he arrived at 4 am even though his leg was injured. “I wanted to let them know that there are still many who come here for them,” he said.
Thirty-one activists pleaded guilty and had better chances of receiving reduced sentences. The law allows for a range of sentences depending on the seriousness of the crime and the defendant’s role in it, from less than three years for the most serious to 10 to life imprisonment for people convicted of “serious” crimes.
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