Hong Kong’s High Court on Tuesday sentenced 45 pro-democracy activists to up to 10 years in jail under subversion charges, marking an end to the largest national security case in Hong Kong under a sweeping law imposed by Beijing.
Tuesday’s sentencing triggered widespread condemnation from countries around the world, with the United States, Britain and the United Nations urging Chinese and Hong Kong authorities to cease the politically motivated prosecution of Hong Kong citizens.
The defendants were accused of conspiracy to commit subversion for taking part in an unofficial primary election aimed at selecting opposition candidates to run in the 2020 legislative council election.
Authorities said the activists were planning to paralyze the Hong Kong government and force the city’s leader to resign by aiming to win a legislative majority and use that to block government budgets.
The 45 defendants were given prison sentences between four years and two months, and 10 years. Legal scholar Benny Tai, viewed as the mastermind of the primary election by the government, received the longest sentence.
In addition to Tai, other prominent activists involved in the case were also given lengthy prison sentences. Journalist-turned-activist Gwyneth Ho was sentenced to seven years in prison, and prominent Hong Kong activist Joshua Wong was sentenced to four years and eight months in prison.
Analysts say Tuesday’s sentencing reflects the rapid disappearance of basic rights and freedom in Hong Kong since the imposition of the national security law in 2020.
“Today’s harsh sentences against dozens of prominent democracy activists reflect just how fast Hong Kong’s civil liberties and judicial independence have nosedived in the past four years since the Chinese government imposed the draconian National Security Law on the city,” said Maya Wang, associate China director at Human Rights Watch.
Some former pro-democracy politicians in Hong Kong said the case has already closed off space for substantive political discussion and public participation before Tuesday’s sentencing.
“Since their arrest in 2021, there are no more protests and there is no more public discussion about anything in Hong Kong,” Debby Chan, a former pro-democracy district councilor, told VOA by phone.
Experts say the case will further restrain Hong Kong’s civil society, as it shows there is no longer room for meaningful political participation in the city.
“The outcome would set a precedence for future attempts to organize political activities in Hong Kong and it also shows that authorities can arrest and try large numbers of participants at the same time,” Patrick Poon, a visiting researcher at the University of Tokyo, told VOA by phone.
Chinese-style judicial system
Several countries, including the U.S. and the U.K., issued statements condemning Tuesday’s verdict.
“The defendants were aggressively prosecuted and jailed for peacefully participating in normal political activity protected under Hong Kong’s Basic Law,” a U.S. State Department spokesperson told VOA in a written response.
Britain said the sentencing is “a clear demonstration of Hong Kong authorities' use of the security law to criminalize political dissent.”
“Those sentenced today were exercising their right to freedom of speech, of assembly, and of political participation," said the U.K.’s minister for the Indo-Pacific Catherine West.
In response to the criticisms, the Chinese Foreign Ministry said no one should be allowed to use democracy as a pretext to “engage in unlawful activities and escape justice.”
However, Chinese and Hong Kong authorities have repeatedly characterized the national security law as a means to restore order following large-scale pro-democracy protests in 2019. They also said the activists were treated according to local law.
Poon said several defendants in the case were repeatedly denied bail and endured years of pre-trial detention before court proceedings of the case finally began, actions that show Hong Kong authorities are adopting judicial practices that are often used in China.
“The lengthy pre-trial detention and denial of bail application are all common practices in China’s judicial system, so I think this case shows that Hong Kong is becoming more similar to China in that regard,” he told VOA.
According to data collected by the Georgetown Center for Asian Law, 173 individuals have been arrested under national security-related charges and 94 individuals have been charged with national security-related crimes since the law was implemented in July 2020.
Some defendants are reportedly suffering from chronic health issues and others were not allowed to visit sick relatives.
“One defendant tried to apply for parole to visit his sick parents multiple times but the correctional services department rejected his applications. In the end, both of his parents passed away,” Sunny Cheung, an associate fellow for China studies at the Jamestown Foundation and participant in the 2020 primary, told VOA by phone.
Despite the hardship over the last few years, Chan said Tuesday’s sentencing marks the end of a stage.
“The sentences mean we now have a date to look forward to and we finally know when all of this suffering will end,” she told VOA.
Poon said since Hong Kong has incorporated some Chinese practices into its judicial system, it’s important to see whether Hong Kong authorities would deprive the detainees or their family members of basic rights in the future.
“One thing I don’t want to see is the authorities blocking relatives from visiting the defendants, but since Hong Kong’s judicial system has become very similar to the Chinese system, it’s really hard to say whether this would happen in Hong Kong or not,” he said.
As family and friends await the activists’ release, years from now, Chan said she will try to position herself in a Hong Kong society where pro-democracy organizations no longer exist.
“The pro-democracy people are still there, but there are no organizations to gather these people,” she told VOA.
