Sentences Handed Down in HK 47 Trial

Sentences were handed down in the largest NSL case to date

It is a dark day in Hong Kong, as pro-democracy activists, former politicians and academics were convicted of subversion for their roles in the unofficial primary they held in July 2020. 

Sentences range from just over four years to 10 years for legal academic Benny Tai Yiu-ting, who was deemed the mastermind of the primary in a bid to force then Chief Executive Carrie Lam Cheng Yuet-ngor to resign. Beijing saw it as a bid to take down the government.

The primary never happened as the elections were postponed claiming the pandemic as the reason, and 47 people were arrested in January 2021. In the end 45 of them were convicted, totally wiping out key figures in the pro-democracy movement in Hong Kong.

But to the three appointed judges, it did not matter the primary was successful or not: "It was submitted by some of the defendants that the ultimate consequences of serious interfering in, disrupting or undermining the performance of duties and functions of Hong Kong Special Administrative Region government depended very much on the Scheme being carried to the fruition and that would have never materialised. Hence in the present case they said even without disqualification or calling off the LegCo election, the scheme was bound to fail because the participants simply failed to secure sufficient seats," they wrote in the judgment.

"Whether the Scheme would ultimately succeed, it was not for this Court to speculate. What we were sure was that all the participants had put in every endeavour to make it a success."

In general, those who pleaded guilty were given lesser sentences of over four years, while those who claimed they were not guilty were handed heavier ones. For example, Joshua Wong Chi-fung got four years and eight months by pleading guilty, whereas Gwyneth Ho Kwai-lam got seven years pleading not guilty.

But Tai entered a plea of guilty and got the heaviest sentence of 10 years, as the judges believed he instigated "the Scheme". 

As they have all been in custody without bail for over three years, some of them will be released on a year or so.

Many members of the public came to see the people in the dock. Former politician Claudia Mo Man-ching is 67 years old and was sentenced to four years and two months. Her husband, Philip Bowring is in ill health, which the court acknowledged, but would not reduce her sentence. Hopefully he can hang on until she is finally released.

There are also concerns about the health of "Long Hair" Leung Kwok-hung who is 68 years old and was sentenced to six years and nine months. The court did not describe him as having "a positive good character" as he has had a track record of protesting against the government over the years, hence the longer sentence.

The trial was meant to show those who dare to criticise the government can face a similar fate. 

"If you are being critical of the authorities both in Hong Kong and in China, then it's open season," said Steve Tsang, a Hong Kong-born political scientist and director of the SOAS China Institute in London.

"I think that this case will be seen by many in the international community as the final nail in the coffin for the rule of law in Hong Kong," said Thomas Kellogg, the executive director of the Georgetown Center for Asian Law.

Meanwhile Secretary for Security Chris Tang Ping-keung said the sentences showed those who committed national security crimes must be severely punished.

When Joshua Wong was leaving the courtroom, he shouted, "I love Hong Kong, bye bye!"

It's not over yet -- tomorrow Jimmy Lai Chee-ying's trial continues...

14 Convicted of Subversion

Leung (in black) was convicted of subversion today

Over two days in July 2020, the pro-democracy camp in Hong Kong held an unofficial primary to help determine who to run in its slate of candidates for the Legislative Council elections that year. It was hoped this would help increase the pan-democrats' chances of winning more seats in the legislature.

Organisers expected around 170,000 but over 610,000 local residents took part in long queues to vote in polling booths that were held in various locations in the city, including a shop selling lingerie and a defunct bus.

Diplomats attended the verdict earlier today

For that exercise, 47 people involved were arrested and in 2021 were charged with conspiracy to commit subversion under the national security law that was implemented a year earlier.

Most of them were remanded in custody ever since.

Of the 47 charged, 16 pleaded not guilty, the others pleaded guilty in a bid to receive shorter prison sentences.

After a 118-day trial, the verdict for the 16 was announced a few hours ago -- 14 were convicted, two were acquitted, but prosecutors have already announced they will appeal.

Those convicted include: Leung Kwok-hung or "Long Hair", Lam Cheuk-ting, Owen Chow Ka-shing, Gwyneth Ho Kwai-lam, Raymond Chan Chi-chuen, and Clarisse Yeung Suet-ying.

They believed they didn't do anything wrong, but the handpicked judges did not see it that way.

The convicted will be sentenced at a later date and could face life in prison.

Chan was also convicted of subverting the govt

Meanwhile, those who have pleaded guilty already are Claudia Mo Man-ching, Benny Tai Yiu-ting, Joshua Wong Chi-fung, Alvin Yeung Ngok-kiu, and Jeremy Tam Man-ho.

Before the verdicts came down, partners and parents of those remanded in custody talked about the emotional toll the trial has had on them, how they try to live each day. 

Those behind bars and their loved ones are all brave and have the courage to deal with such adversity. Many of them are young, and amazingly are still optimistic for the future.

Star Prisoner get Paparazzi Treatment

AP has captured Lai's movements in Stanley Prison

The Associated Press has released an exclusive series of pictures documenting Apple Daily founder Jimmy Lai Chee-ying at Stanley Prison.

The 75-year-old is in solitary confinement for 23 hours a day, and is allowed 50 minutes of exercise per day -- by himself. This punishment is for a Category A prisoner, a status usually reserved for those who have committed serious crimes like murder.

In the pictures Lai wears prison-mandated short-sleeved shirt, shorts and his own sandals. He looks like he has lost some weight. The government is making it harder for the media to take pictures of inmates, even during court appearances, where the prisoners must go through a covered walkway to and from the prison vehicle.

Lai is in solitary confinement for 23 hours a day

Lai is a British national, who is accused of colluding with foreign forces to endanger national security, and conspiring to call for sanctions or blockades against Hong Kong or China. He also faces a charge of conspiracy to print seditious publications under a colonial-era law.

He was scheduled to go to trial last December, but it was postponed to next month, while the Hong Kong government appealed to Beijing to block his attempt to hire a British defense lawyer.

Each month, Lai is allowed two 30-minute visits by relatives or friends where they are separated by a piece of glass and they speak on a phone.

Meanwhile his son Sebastien is traveling to democratic countries, advocating for his father's release. Even though he is not in Hong Kong, Sebastien is very cautious about his movements.

"My father is in prison because he spoke truth to power for decades," Sebastien said in May in a statement to a US government panel, called the Congressional-Executive Commission on China.

Lee doesn't speak to reporters after verdict

"He is still speaking truth to power and refusing to be silenced, even though he has lost everything and he may die in prison," he said. "I am very proud to be his son."

How his father, a diabetic who is also suffering from high blood pressure continues to keep his head up high is a result of his strong will and Christian faith.

Today Lai and six others were cleared of instigating the 2019 protests, though their convictions and sentences are upheld. 

The others are barristers Margaret Ng Ngoi-yee, Martin Lee Chu-ming, labour activists, Lee Cheuk-yan, Leung Kwok-hung, and former lawmakers Cyd Ho Sau-lan and Albert Ho Chun-yan.