Hong Kong democracy activists jailed: Who are they, what’s the case about?

A Hong Kong Court sentenced 45 pro-democracy activists to jailhouse presumption of up to 10 years connected Tuesday, successful the first-ever wide sentencing since Beijing imposed a arguable nationalist information instrumentality connected the semi-autonomous Chinese city.

The activists were among 47 radical arrested successful 2021 for organising unofficial superior elections to take pro-democracy legislative candidates. Authorities alleged the enactment violated the sweeping Beijing information instrumentality archetypal introduced successful 2020.

In what’s being called the largest nationalist information lawsuit successful Hong Kong, prosecutors accused the defendants of plotting to “overthrow” the authorities by forcing the city’s person to resign. Two radical were earlier acquitted during the lengthy trial.

Foreign governments and rights groups swiftly condemned the Hong Kong and Chinese authorities for the verdict amid concerns of antiauthoritarian backslide and quality rights violations successful the metropolis of 7 million.

Here’s what we cognize astir the sentencing and the lawsuit that led to it:

Hong Kong activists and supporters march with a banner that reads ‘Unite present successful solidarity with the Hong Kong 47 and different governmental prisoners’ successful neighbouring Taipei, Taiwan, June 9, 2024 [Chiang Ying-ying/AP]

What led to the proceedings of the Hong Kong 47?

Following a immense question of protests successful 2019 against a caller law, which could person allowed extraditions to mainland China, pro-democracy advocates and politicians organised a superior predetermination acceptable for July 2020 to assistance shortlist candidates who would tally successful the legislative elections.

The 2019 instrumentality was scrapped aft millions of radical thronged the streets for months, crippling the fiscal hub. These were the biggest protests since the 2014 Umbrella Movement, which was sparked by Chinese proposals to pre-approve candidates for Hong Kong’s legislative elections.

The pro-democracy campy was seeking to clasp a bulk successful the 70-seat legislature and property for greater constabulary accountability and antiauthoritarian elections to take the city’s leaders, all cardinal demands of the protesters.

Presently, an Election Committee, mostly handpicked by Beijing, selects a ample proportionality of Hong Kong’s lawmakers and each the executives, including the main executive. Hong Kongers tin lone straight ballot for astir 20 percent of the legislature.

Government officials, up of the unofficial predetermination successful 2020, warned that the ballot mightiness interruption Beijing’s 2020 national information laws imposed in effect to the 2019 protests. The instrumentality is criticised by rights groups for broadly criminalising “subversion” – oregon undermining authorization – arsenic good arsenic secession, “terrorism”, and collusion (with overseas forces).

However, the ballot went ahead connected July 11 and 12, 2020. More than 600,000 of the city’s 7 cardinal residents voted in the elections – implicit 13 percent of the registered electorate.

Beijing instantly criticised the elections and called them a situation to the nationalist information law. Hong Kong enjoyed a scope of ineligible and quality rights extortion aft its sovereignty was transferred to China successful 1997 nether the rule of “one country, 2 systems”.

On January 6, 2021, 55 candidates and participants successful the ballot were arrested.

Eventually, 47 radical were charged with conspiracy to perpetrate subversion oregon undermine the appointed government.

The official legislative elections were aboriginal postponed to December 2021, with authorities citing the COVID-19 pandemic.

Supporters clasp up placards among radical queuing up astatine the West Kowloon Magistrates’ Courts for a proceeding of 47 pro-democracy activists successful Hong Kong connected July 8, 2021 [Tyrone Siu/Reuters]

Who was arrested and however did they plead?

Some of those arrested see ineligible student Benny Tai (60), who was salient successful the 2019 protests and who was formed by prosecutors arsenic the “organiser” of the conspiracy to overthrow the government.

Former pupil leaders Joshua Wong (27) and Lester Shum (31), arsenic good arsenic erstwhile lawmakers Claudia Mo (67) and Alvin Young (48), were besides arrested.

The proceedings began with a marathon pre-trial hearing astatine the West Kowloon Magistrates’ Court betwixt March 1 and 4, 2021. It continued successful June 2022. Many of the defendants were denied bail and were remanded successful situation up until Tuesday.

Three judges hand-picked by the authorities heard the arguments.

Prosecutors argued that the radical aimed to triumph a legislative bulk block, and indiscriminately artifact the passing of authorities budgets successful an effort to paralyse the government.

However, the defendants’ lawyers pushed back, saying the predetermination was simply an workout of democracy, and that nary eventual coup “scheme” would person materialised from it.

Tai, and 30 others, had earlier pleaded blameworthy during the trial, seeking lighter sentences.

In May, the tribunal recovered 14 of the remaining activists blameworthy of subversion, portion 2 others – erstwhile territory councilors Lawrence Lau and Lee Yue-shun, were acquitted.

In this March 2, 2021 photo, erstwhile instrumentality prof Benny Tai, who was arrested nether Hong Kong’s nationalist information law, gives the thumbs-up arsenic helium is escorted by Correctional Services Department officers successful Hong Kong [Kin Cheung/AP]

What did the tribunal regularisation connected Tuesday?

Benny Tai received the heaviest condemnation of 10 years. Prosecutors had earlier accused the student of being the “organiser” of the conspiracy.

In the judgement posted online, the tribunal called Tai the “mastermind” and said helium had “advocated for a revolution” done a bid of antecedently published articles that traced his thinking.

Tai, successful an earlier missive seeking a shorter sentence, had pleaded that the thoughts outlined successful his articles were “never intended to beryllium utilized arsenic a blueprint for immoderate governmental action”. In 1 of them, published connected March 20, 2020, Tai had written that obtaining a controlling bulk successful the legislature – typically dominated by the pro-Beijing camp, could beryllium “a law limb with large destructive power”.

Young activistic Owen Chow (27) received the 2nd lengthiest condemnation – 7 years and 9 months – for moving arsenic a campaigner successful the election.

Former writer Gwyneth Ho, 34, who prominently live-streamed the 2019 protests, besides received 7 years for moving successful the election.

Meanwhile, Joshua Wong (28), a erstwhile pupil person and internationally known activist, arsenic good arsenic lawmaker Claudia Mo (67) received 4 years and 8 months, and 4 years and 2 months, respectively. Both had besides earlier pleaded guilty.

Full overview of each 45 sentences successful the proceedings of 47 #HongKong pro-democracy leaders for "conspiracy to subvert authorities power" nether the nationalist information law. pic.twitter.com/nnC7cUhCBa

— Hong Kong Democracy Council (@hkdc_us) November 19, 2024

The judges said the camp’s program to effect alteration would person undermined the authorities and constituted a law crisis. The sentences had been reduced for defendants who said they were unaware the program was unlawful, according to the judges.

However, Tai and erstwhile lawmaker Alvin Yeung (43) – who received 5 years and 1 period – were not considered for lighter sentences. The tribunal said it was due to the fact that they were lawyers who knew the instrumentality but were “absolutely adamant successful pushing for the implementation of the scheme.”

People permission the West Kowloon Magistrates’ Courts successful Hong Kong connected Tuesday, November 19, 2024, pursuing the sentencing successful the nationalist information lawsuit [Chan Long Hei/AP]

What are the implications of the ruling?

Analysts accidental the ruling is simply a litmus trial for ideology successful Hong Kong and illustrates conscionable however overmuch authorities person suppressed dissent since the 2019 anti-government protests and the resulting 2020 information law.

The planetary fiscal hub was erstwhile viewed arsenic mostly autonomous and escaped of Beijing’s control. However, the drastic changes imposed by the nationalist information instrumentality bespeak however Beijing’s committedness to clasp the erstwhile British colony’s civilian liberties is progressively threatened, experts say.

Many Hong Kongers consciousness the same. Hundreds protested extracurricular the courts passim the trials.

On Tuesday, the defendants’ families filled the courtroom and waved encouragingly arsenic the tribunal sentences were work out, portion others broke down successful tears. Outside the court, dozens of pro-democracy supporters stood successful solidarity, arsenic good arsenic diplomatic representatives from respective consulates successful Hong Kong.

Kevin Yam, a erstwhile Hong Kong lawyer based successful Australia and wanted by metropolis authorities for alleged nationalist information offences, told Al Jazeera helium knew galore of the defendants.

“I’ve known [Tai] for implicit 20 years, and the thought of him going successful for 10 years is heavy,” Yam said. “I mean, what has helium done? He’s organised an informal ballot connected something. Basically, each 45 of the radical convicted are being punished for seeking to enactment wrong the law process.”

Chan Po-ying, woman of person Leung “Long Hair” Kwok-hung (68), who received six years and 9 months, told reporters the advocates had been trying to usage immoderate of the rights granted by the city’s mini-constitution to unit those who are successful powerfulness to code the volition of the people.

“This is an unjust imprisonment. They shouldn’t beryllium kept successful jailhouse for 1 day,” said Chan, the seat of the League of Social Democrats – 1 of the city’s remaining pro-democracy parties.

People hold extracurricular the West Kowloon Magistrates’ Courts successful Hong Kong connected November 19 up of the sentencing successful the nationalist information lawsuit [Chan Long Hei/AP]

How are overseas governments reacting to the sentencing?

Rights groups and overseas governments swiftly criticised the sentencing.

In a statement, the United States Consulate successful Hong Kong condemned the sentences and alleged that the defendants had been aggressively prosecuted for taking portion successful mean governmental activity.

“We telephone connected [Beijing] and Hong Kong authorities to cease politically motivated prosecutions of Hong Kong citizens and to instantly merchandise each governmental prisoners and individuals jailed for their peaceful advocacy for rights and freedoms,” the connection read.

Australian Foreign Minister Penny Wong besides said her authorities was “gravely concerned” by the rulings for Australia-Hong Kong dual national Gordon Ng, sentenced to much than 7 years, and the others. Wong added that Australia expresses “strong objections to the Chinese and Hong Kong authorities” implicit the continuing wide exertion of nationalist information legislation.

Meanwhile, Taiwan’s statesmanlike bureau spokesperson Karen Kuo said the Chinese authorities had utilized “unjust procedures” to suppress information and state of speech. The sentencing, she said, “further proves that ‘one country, 2 systems’ is unfeasible,” Kuo said, adding that Hong Kong’s touted autonomy was broken.

The European Union, for its part, called the sentencing an “unprecedented stroke against cardinal freedoms, antiauthoritarian information and pluralism successful Hong Kong”.

Maya Wang, China manager astatine Human Rights Watch, said the harsh sentences bespeak however accelerated Hong Kong’s civilian liberties and judicial independency person nosedived successful the past 4 years since the nationalist information instrumentality was introduced.

“Running successful an predetermination and trying to triumph it is present a transgression that tin pb to a decennary successful situation successful Hong Kong,” Wang said.