Critics say that putting 45 Hong Kong Democrats in jail for national security reasons is wrong

On Tuesday, Hong Kong’s High Court jailed 45 pro-democracy activists for up to 10 years after a national security trial. The trial hurt Hong Kong’s once-stout democracy movement and was criticized by the US and other countries.

In 2021, 47 pro-democracy activists were arrested and charged with plotting to cause subversion under a national security law that Beijing made. If found guilty, they could spend the rest of their lives in jail.

The judge said that Benny Tai, a former legal scholar, was the brains behind the activists’ plans. He was given 10 years in prison, which is the longest sentence so far under the 2020 national security law.

The charges were about setting up an illegal “primary election” in 2020 to choose the best candidates for a coming election for the legislature. Prosecutors said the activists were planning to shut down the government by doing things that could cause problems if they were chosen.

Some Western countries have said the trial was unfair. For example, the U.S. called it “politically motivated” and said the Democrats should be freed because they were legally and peacefully taking part in political activities.

The governments of China and Hong Kong say that the national security laws were needed to bring order back to the cities after the 2019 pro-democracy protests, and that the Democrats have been treated in line with local laws.

TRIAL WAS CAREFULLY WATCHED

In May, after a 118-day trial, 14 of the Democrats were found guilty. These included Australian national Gordon Ng and activists Owen Chow and Gwyneth Ho. Two were found not guilty.
All 45 of them were given terms between 4 and 10 years. The other 31 pleaded guilty.

Ho, who was given a seven-year prison term, wrote on Facebook, “Our real crime for Beijing is that we weren’t happy with taking part in rigged elections.”

It was brave of us to ask the government, “Will democracy ever be possible in such a structure?” The answer was to crack down on everything in society.
The U.S. State Department said the sentences were wrong and asked Hong Kong to stop what it called “politically motivated prosecutions” and free all political inmates.

According to a statement from the department, the defendants were harshly prosecuted and jailed for calmly taking part in normal political activity that was protected by Hong Kong’s Basic Law.

Foreign Minister Penny Wong of Australia said she was “gravely concerned” about the sentences and asked China to stop silencing people’s rights to free speech, assembly, the media, and civil society in Hong Kong.

Lin Jian, a spokesman for China’s foreign ministry, told reporters, “No one can do illegal things in the name of democracy and try to get away with it.”

He also said that Beijing “firmly supports” Hong Kong’s attempts to protect national security.

Joshua Wong, a well-known campaigner, was given a sentence of four years and eight months in jail, and Hendrick Lui was given a sentence of more than four years in jail.

Elsa Wu, Lui’s mother, yelled afterward, “He’s a good person!” For political reasons, he’s not in jail. “Why does he need to go to jail?”

Some suspects have been in jail for more than three and a half years. Their lawyers said they expected this extra time to be taken off their sentences, which would mean that some of them could be freed next year.

COURTS THAT ARE FULL

Judges Andrew Chan, Alex Lee, and Johnny Chan wrote that when giving sentence, they looked at things like how well the plan was planned, how many people were involved, and the harm that could have been done whether the scheme had happened or not.

There might be problems that the organizers and players need to solve in order to be successful. This is normal in any case of subversion where someone is trying to take down or stop a government. “Therefore, we did not agree with the idea that the Scheme was doomed to fail and that a lighter sentence should be given,” the judges wrote.

But the judges cut the terms of some people who pleaded guilty, including Tai, by one third.

Hundreds of people had been waiting outside the court since the early morning to try to get a place in the main courtroom and several other courts that were used as backups.

Outside of the West Kowloon Magistrates’ Court and for several blocks around it, police were present with police dogs, an armored truck, and cars flashing their lights. A few people were searched and asked questions.

Someone in line who said her name was Margaret said, “I feel such an injustice needs to be seen.” She had been there since Sunday afternoon. “They (the democrats) need to know they still have public support.”

Some people have said that the decision hurts Hong Kong’s reputation as a global financial hub. The decision came at a time when the city is holding an international financial summit to bring in more business.

Marco Rubio, who is running to be secretary of state under Donald Trump, has been a strong opponent of the trial. He also wrote an open letter earlier this year calling the convictions proof of the “comprehensive assault on Hong Kong’s autonomy, rule of law, and fundamental freedoms” caused by the national security law.

The presidential office of Taiwan spoke out against the jailings, saying that freedom and democracy are universal principles and that Taiwan will continue to stand with Hong Kong.