Hong Kong 47
and their jail time after longest national security trial
Hong Kong’s biggest national security trial has come to a close after a court jailed 45 opposition figures who were found guilty of subversion.
The activists, from an original group of 47, were earlier convicted of conspiracy to commit subversion under the national security law for their roles in an unauthorised “primary” election held four years ago that was part of a plot to overthrow the government.
Former legal academic Benny Tai Yiu-ting, labelled the “mastermind” of the plot, was handed the heaviest sentence of 10 years in prison.
The other 44, most of whom were candidates in the poll, were given jail terms ranging from four years and two months to seven years and nine months. Another two were previously acquitted.
Judges earlier found the aim of the poll was to maximise the opposition’s chances of seizing control of the Legislative Council and bring down the local and central governments.
Thirty-one of the defendants pleaded guilty before the start of the 118-day trial. In May, the court convicted 14 of the 16 who contested the charge.
Most of those who were denied bail have served more than three years behind bars after being charged on February 28, 2021. Some could be eligible for release in six months at the earliest.
The “Hong Kong 47” case is the biggest prosecution under the security law that Beijing imposed on the city in June 2020 to quell the months-long anti-government protests.
The West condemned the trial, with the European Union calling it “another unprecedented blow against fundamental freedoms, democratic participation and pluralism in Hong Kong”.
Beijing said “some Western countries” were making unfair accusations against Hong Kong’s judicial process. The Hong Kong government, meanwhile, said the sentences sent a “clear message” over the seriousness of the crimes but it might appeal to push for longer jail terms.
Sentencing of the Hong Kong 47
Summary
What were the court’s findings?
The judges found a plan hatched by the opposition figures to indiscriminately veto the fiscal budget in Legco constituted an abuse of power as well as a “clear violation” of the national security law and the Basic Law, the city’s mini-constitution.
The plot, if successful, would have seriously hampered authorities’ ability to implement new policies, substantially undermining “the power and authority of both the government and the chief executive”.
All participants who were found guilty “knew perfectly well” the goals of the plot and agreed to become parties to it, the court said.
Former academic Tai was not only the “mastermind” behind the plan, which helped to classify him as a “principal offender”, but he also essentially “advocated for a revolution”, the judges said.
The court also ruled on certain legal issues in subversion offences. It held that prosecutors did not need to prove the “unlawful means” used by an offender constituted either a criminal act or one involving the use of force.
The judges said the non-violent nature of the plot did not diminish the seriousness of the offence, given the potentially “far-reaching” consequences if the plan had gone ahead successfully.
Political implications of the case
Observers say the case signals Beijing’s determination to ensure national security is not compromised and the law is enacted to full effect, guaranteeing no such repeat incident can take place again where the government can be paralysed and brought down.
The opposition camp was dismantled overnight with most of its key leaders, and rising and veteran politicians thrown behind bars en masse for their participation in the unofficial election.
Dozens of political parties, civil groups and labour unions disbanded one after another after weighing the risks, with some activists also deciding to move overseas.
The Beijing-led electoral overhaul which took place a few months after the arrests to ensure only “patriots” can run for election also sealed the fate of the once-defiant opposition camp. The city has only one non-establishment lawmaker in the 90-member legislature.
Key events in the 47 case
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What's next?
After sentencing, those found guilty have 28 days to decide whether to appeal their conviction or sentence.
Under existing rules, offenders can have a third of their sentence reduced if they plead guilty and another one-third discount on the grounds of good behaviour at the discretion of prison authorities.
But the Safeguarding National Security Ordinance enacted in March shook up the rules.
Now, those convicted of national security offences “must not be granted remission” for good behaviour unless the commissioner of correctional services is satisfied the move will “not be contrary to the interests of national security”.
At least four convicted in previous cases have already had their early release blocked after the change.
Associate Creative Director Marcelo Duhalde
Cover illustration by Marcelo Duhalde
Additional reporting by Sammy Heung
Edited by Kieran Cash
