A Correctional Services Department vehicle arrives at the West Kowloon Magistrates' Courts in Hong Kong Tuesday, Nov. 19, 2024, ahead of the sentencing in national security case. (AP Photo/Chan Long Hei)
HONG KONG (AP) — Dozens of prominent activists were sentenced to up to 10 years in prison on Tuesday in Hong Kong's biggest national security case under a sweeping law imposed by Beijing that crushed a once-thriving pro-democracy movement.
The defendants were prosecuted in 2021 for their roles in an unofficial primary election under the 2020 national security law. They were accused of attempting 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.
The 45 convicted received prison terms ranging from four years and two months to 10 years. Legal scholar Benny Tai was given the longest sentence.
They either pleaded guilty to or were found guilty of conspiracy to commit subversion by three government-approved judges. The judges said in the verdict that the activists' plans to effect change through the election would have undermined the government's authority and created a constitutional crisis. Two of the 47 original defendants were acquitted.
Tai, who had written an article outlining "ten steps to mutual destruction" is widely seen as the organizer behind the unofficial primary. In a judgment uploaded 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."
Some defendants had claimed that the scheme to secure a majority of seats in the legislature would never have materialized, though the judges rejected this reasoning, stating that "all the participants had put in every endeavor to make it a success."
In the judgment, the judges highlighted that a great deal of time, resources and money had been put into the organization of the primary election, and rejected the idea that the scheme had been "doomed to fail."
"When the Primary Election took place on the 10 and 11 July, no one had remotely mentioned the fact that Primary Election was no more than an academic exercise and that the Scheme was absolutely unattainable," the judgment read. "In order to succeed, the organizers and participants might have hurdles to overcome, that however was expected in every subversion case where efforts were made to overthrow or paralyze a government."
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 penalties were not reduced for Tai and Alvin Yeung, as they are lawyers who were "absolutely adamant in pushing for the implementation of the Scheme."
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. 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, they said.
Beijing and Hong Kong governments insist the law is necessary for the city's stability.
The sentencing drew criticism from foreign governments and human rights organizations globally.
The U.S. Consulate in Hong Kong said the U.S. strongly condemned the sentences against the 45 pro-democracy advocates and former lawmakers.
"The defendants were aggressively prosecuted and jailed for peacefully participating in normal political activity protected under Hong Kong's Basic Law," the statement said. "We call on (Beijing) and Hong Kong authorities to cease politically motivated prosecutions of Hong Kong citizens and to immediately release all political prisoners and individuals jailed for their peaceful advocacy for rights and freedoms."
Australia's Foreign Minister Penny Wong said its government "gravely concerned" by the sentences for Australian citizen Gordon Ng and the other activists.
"Australia has expressed our strong objections to the Chinese and Hong Kong authorities on the continuing broad application of national security legislation, including in application to Australian citizens," Wong said in a statement. "We call for China to cease suppression of freedoms of expression, assembly, media and civil society, consistent with the Human Rights Committee and Special Procedure recommendations, including the repeal of the National Security Law in Hong Kong."