Dozens of activists get 4 to 10 years in prison in Hong Kong's biggest national security case

Forty-five ex-lawmakers and activists were sentenced to four to 10 years in prison Tuesday in Hong Kong's biggest national security case under a Beijing-imposed law that crushed a once-thriving pro-democracy movement. 

They were tried under the 2020 national security law for their roles in an unofficial primary election. Prosecutors said their aim was to paralyze Hong Kong's government and force the city's leader to resign by aiming to win a legislative majority and using it to block government budgets indiscriminately.

Legal scholar Benny Tai, who was widely seen as the organizer of the unofficial primary, received the longest sentence of 10 years. The judges said the sentences had been reduced for defendants who said they were unaware the plan to secure a majority in the legislature and stall governance was unlawful.

However, the court said the penalties were not reduced for Tai and former lawmaker Alvin Yeung, as they are lawyers who were "absolutely adamant in pushing for the implementation of the Scheme."

In the judgment posted online, the judges wrote that Tai essentially "advocated for a revolution" by publishing a series of articles over a period of months that traced his thinking, even though in his mitigation letter Tai said the steps were "never intended to be used as blueprint for any political action."

Accused of undermining government's authority

Two of the 47 original defendants had been acquitted earlier this year. The rest either pleaded guilty to or were found guilty of conspiracy to commit subversion. The judges said in the verdict that the activists' plans to effect change through the unofficial primary would have undermined the government's authority and created a constitutional crisis. 

Observers said the case illustrated how authorities suppressed dissent following huge anti-government protests in 2019, alongside media crackdowns and reduced public choice in elections. They said the drastic changes reflect how Beijing's promise to retain the former British colony's civil liberties for 50 years when it returned to China in 1997 is increasingly threadbare. 

Beijing and Hong Kong governments insist the law is necessary for the city's stability.

U.S. says trial 'politically motivated'

Some Western governments have criticized the trial, with the U.S. describing it as "politically motivated" and saying the democrats should be released as they had been legally and peacefully participating in political activities.

Australia's Foreign Minister Penny Wong said she was "gravely concerned" about the sentences, and called on China to "cease suppression of freedoms of expression, assembly, media and civil society," in Hong Kong.

Speaking outside the court building, Roxie Houge, the head of the U.S. consulate in Hong Kong's political section, said the U.S. government condemned "the continuous prosecution of individuals here in Hong Kong who are expressing their political views ... exercising their freedom of speech."

Taiwan's presidential office condemned the jailings, saying democracy and freedom are universal values and Taiwan will continue to stand in solidarity with Hong Kong.

The subversion case involves pro-democracy activists across the spectrum. They include Tai, former student leader Joshua Wong and former lawmakers. Wong was sentenced to four years and eight months in jail. Young activist Owen Chow was given the second-longest jail term, seven years and nine months.

Most of them had already been detained for more than three and a half years before the sentencing.

Some activists remorseful, others defiant

As they pleaded for lesser sentences, some activists were remorseful and apologized, while others remained defiant.

Lawyers for Tai and several other defendants argued their clients genuinely believed their actions were lawful at the time.

More than 200 people stood in line in moderate rain and winds Tuesday morning for a seat in the court, including one of the acquitted defendants Lee Yue-shun.

Lee said he hoped members of the public would show they care about the development of the court case.

"The public's interpretation and understanding has a far-reaching impact on our society's future development," he said.

A supporter known as "Grandpa Wong," who did not know the English spelling of his name, said he wanted to see the convicted activists again. He said he is about 100 years old and feared he wouldn't be able to see them when they are released from prison.

'Coming here for them'

Wei Siu-lik, a friend of convicted activist Clarisse Yeung, said she arrived at 4 a.m. even though her leg was injured.

"I wanted to let them know there are still many … coming here for them," she said.

Police formed a tight security cordon for several blocks around the West Kowloon Magistrates Court as supporters lined up outside. 

In Beijing, Chinese Foreign Ministry spokesperson Lin Jian told reporters no one should be allowed to use democracy as a pretext to engage in unlawful activities and escape justice.

Hong Kong Secretary for Security Chris Tang said in a news briefing that the sentences showed those committing national security crimes must be severely punished.

The unofficial primary in July 2020, which drew 610,000 voters, was meant to pick pro-democracy candidates who would then run in the official election.

The pro-democracy camp at that time hoped they could secure a legislative majority, which would allow them to press for the 2019 protest demands, including greater police accountability and democratic elections for the city leader.

But the government postponed the legislative election that would have followed the primary, citing public health risks during the COVID-19 pandemic.