DEMOCRACY: Charges of subversion followed unofficial primary elections in 2020 to maximize the democrats’ chances of winning a majority in a legislative council election
Reuters, HONG KONG
A Hong Kong court this week is to sentence 45 democratic campaigners in a major national security trial, with potentially heavy jail terms poised to further damage the financial hub’s once lively pro-democracy movement, critics said.
In May, 14 of the 47 democrats were found guilty of the charge of conspiracy to commit subversion, and two were acquitted. Earlier, 31 had pleaded guilty, hoping for reduced sentences.
The US has described the trial and its guilty verdicts as “politically motivated,” while demanding the defendants be released.
Occupy Central leader Benny Tai, center, a key figure in a landmark Hong Kong national security case involving 47 democrats, is shielded from the sun by a supporter with an umbrella as he leaves the Hong Kong High Court on Aug. 15, 2019.
Photo: AP
Hong Kong authorities said the legal process has been impartial, while condemning critical comments from Western democracies as baseless and “malicious smearing.”
Today, three national security judges hand-picked by the government for this trial would conclude the legal saga that began with the democrats’ arrests in January 2021. Jail terms are expected to range from several years for participants to possible life imprisonment for principal offenders.
The charges of conspiracy to commit subversion followed unofficial primary elections held in July 2020 to maximize the democrats’ chances of winning a majority in an upcoming legislative council election.
The convictions have silenced some of the most popular and determined pro-democratic voices, an examination of social media posts and interviews with lawyers and relatives of half a dozen defendants showed.
“This case has swept away the entire pro-democracy camp in Hong Kong,” said Emilia Wong, the girlfriend of one of the defendants, Ventus Lau (劉穎匡).
Prior to the trial, the democrats had existed in the space promised when Hong Kong returned from British to Chinese rule in 1997 under a “one country, two systems” formula granting the territory wide-ranging freedoms denied to those in China.
However, critics say this model was eradicated with China’s imposition of a national security law in July 2020 after pro-democracy protests swept the territory a year earlier.
Beijing says it remains committed to this formula.
“These people have undergone a kind of social death, and they are temporarily dead in the political arena. A single net has captured them all,” said Wong, who has visited Lau in prison several hundred times since he was jailed in 2021.
Five relatives and friends of defendants said they felt a sense of relief at reaching the sentencing after an extended legal limbo, which brought on mental and physical health issues for some.
One defendant, Eddie Chu (朱凱迪), a former journalist, now has glaucoma and sometimes cannot see clearly, which affects his mood, friend Debby Chan said.
John, the husband of Winnie Yu (余慧明), another defendant, who did not wish to disclose his full name due to the sensitivity of the matter, said he stood by her decision to not plead guilty despite knowing the chance of acquittal was low.
“It’s because she wants to say something,” John said. “Stick to our beliefs, don’t change our thoughts easily because of others, be ourselves … I think this experience will be passed down for generations.”
Some legal experts have said that the treatment of the democrats has been a departure from common law traditions. Most were denied bail, and they were all denied a jury trial.
“The 47 democrats verdict makes crystal clear that any such compatibility with human rights or the rule of law stops at the all-important legislative purpose of the national security law as a means to protect national security,” said Urania Chiu, a doctoral legal researcher at Oxford University.
China says the security laws were necessary to restore order after the mass protests of 2019.
Sarah Brooks, China director for Amnesty International, said there were parallels between this case and subversion trials against government critics in China.
“Opposition is seen as dissent … That is a remarkable about-face for Hong Kong,” she said.
