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20 Nov 2024 9:31
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  •   Home > News > International

    Hong Kong court sentences 45 pro-democracy activists to up to 10 years in jail

    In a landmark Hong Kong national security case, 45 pro-democracy activists, academics and former politicians have been sentenced to jail for up to 10 years.


    A Hong Kong Court has sent Australian man Gordon Ng to jail for more than seven years as part of a mass sentencing targeting dozens of pro-democracy activists under the territory's sweeping national security laws.

    Mr Ng was one of almost 50 campaigners who were charged with subversion under the laws, which critics say have been designed to extinguish political opposition in Hong Kong.

    On Tuesday a court handed them sentences ranging between four and 10 years in jail, for the charge of "conspiracy to commit subversion" for participating in an unofficial primary vote in 2020.

    The Foreign Minister Penny Wong and her Coalition counterpart Simon Birmingham were both quick to slam the sentence handed to Mr Ng.

    Senator Wong said the government was "gravely concerned" by the development, saying Australia had "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".

    "This is a deeply difficult time for Mr Ng, his family and supporters. Our thoughts are with them following the sentencing," she said.

    She also criticised the broader sentencing and the national security law, accusing Beijing of trying to suppress "freedoms of expression, assembly, media and civil society" in Hong Kong.

    Senator Birmingham called Mr Ng's sentence "appalling and unacceptable".

    Who are the Hong Kong 47?

    The members of the "Hong Kong 47" group were charged in 2021 with conspiracy to commit subversion for their roles in an "unofficial primary vote" in 2020.

    Most have been in prison for nearly four years.

    The group was given a range of sentences, with Benny Tai, a former legal scholar who was labelled as an "organiser" of the activists, handed the longest sentence at 10 years.

    Prominent student leader and activist Joshua Wong was given a four years and eight months sentence.

    The three National Security judges, hand-picked by the Hong Kong chief executive, declined to read their full sentencing reasons, a document which runs to 82 pages, saying it would be uploaded online so "members of the public can assess our reasons for sentence".

    In the space of 10 minutes, they read out the sentences for each of the 45 members, referring to them only by number not by name.

    Australian lawyer Kevin Yam, who has a bounty on his head by Hong Kong authorities, says he is devastated and angry about the outcome.

    "I'm not okay today. Benny Tai was the co-author of my first academic article over 20 years ago before either of us were activists," he told the ABC.

    "And as for Gordon Ng — encouraging people to vote in an informal, non-binding process on a Facebook page gets you 7 years and three months? Really?"

    The unofficial primary vote was designed to increase the chances of getting pro-democratic candidates elected into Hong Kong's Legislative Council in the 2020 election.

    But three national security judges found that the group aimed to undermine the government and it would have led to a constitutional crisis, because if elected to a majority they would have the power to veto the government budget.

    Experts say National Security offences in Hong Kong are unlikely to attract early release, meaning all 45 prisoners will probably have to serve their full sentence.

    Hong Kong's Secretary for Security Chris Tang said the government would review the sentences individually and consider whether to lodge any appeals.

    "The trial has shown that the plan intended to paralyse the government," he said.

    "By bringing about large-scale riots on top of some political and economic boycotts to Hong Kong, they caused endless pain and trouble to Hong Kong society and citizens.

    "The plan aimed at disrupting government structure, putting aside Hong Kong people's lives and deaths for the sake of their own political purposes."

    Protesters camped overnight

    Hundreds lined up outside the West Kowloon Magistrates Court complex in the early hours to get a seat inside to hear the sentencing. Some even camped out overnight, while a group had been waiting since the weekend.

    Among them was local activist Lui Yuk-lin, who claimed many in the line had been paid to be there to prevent others getting into the court.

    She was taken out of the line at one stage and had her belongings searched by police, although she was returned back to the queue after about 10 minutes.

    "I am so scared they are going to be heavily punished … I pray they are not," she told the ABC while waiting.

    Of the 47 members, 31 pleaded guilty while 16 fought the charges.

    In May, two were acquitted while the other 14, including Mr Ng, were found guilty in a judge-only trial. 

    Australia has been requesting consular access to Mr Ng, but has been denied by Hong Kong authorities. China does not recognise dual citizenship.

    Both major parties have slammed the prison sentence handed to Mr Ng.

    In a statement Senator Wong said the government was gravely concerned by the sentence.

    "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," she said.

    The Shadow Foreign Minister Simon Birmingham has called the sentence "appalling and unacceptable."

    The National Security Law was introduced by Beijing in 2020 to quash protests which had gone on in the city for months.

    The law has been condemned by governments, including Australia, and human rights groups around the world for its impact on political freedoms and quashing of any sort of dissent.

    But authorities maintain it is needed to prevent further unrest. A small minority of the protesters and the police had been in violent clashes.

    © 2024 ABC Australian Broadcasting Corporation. All rights reserved

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