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Evening Standard
Evening Standard
World
Josh Salisbury

Top Hong Kong pro-democracy leaders sentenced to jail under controversial national security law

Dozens of top democracy activists in Hong Kong have been jailed under a Beijing-imposed national security law designed to crush the pro-democracy movement.

A total of 47 pro-democracy activists were arrested and charged in 2021 for their roles in an unofficial primary election

Prosecutors accused activists of plotting to paralyse the government by engaging in potentially disruptive acts had they been elected.

Benny Tai, a former legal scholar identified in the judgement as a “mastermind” of the activists' plans, was sentenced to 10 years in jail, the longest sentence so far under the 2020 national security law.

Western governments have criticised the trial, describing it as politically motivated and saying those sentenced should be released as they had been legally and peacefully participating in political activities.

The judges said the sentences had been reduced for defendants who said they were unaware the plan was unlawful.

Pro-democracy activist Benny Tai was among those sentenced (pictured in 2021) (Reuters)

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

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

Two of the 47 original defendants were acquitted earlier this year. The rest either pleaded guilty or were found guilty of conspiracy to commit subversion. 

The judges said in their verdict that the activists' plans to effect change through the unofficial primary would have undermined the government's authority and created a constitutional crisis.

The Chinese and Hong Kong governments say the national security laws were necessary to restore order after mass pro-democracy protests in 2019.

Gwyneth Ho, who was sentenced to seven years, wrote in a Facebook post: “Our true crime for Beijing is that we were not content with playing along in manipulated elections.”

Pro-democracy activist Joshua Wong was also sentenced (AFP/Getty Images)

Prominent activist Joshua Wong was sentenced to four years and eight months in jail, while fellow top activist Hendrick Lui was sentenced to more than four years in jail.

Chan Po-ying, wife of sentenced defendant Leung Kwok-hung, told reporters she wasn't shocked when she learned her husband received a jail term of six years and nine months. 

She said they were trying to use some of the rights granted by the city's mini-constitution to pressure those who are in power to address the will of the people.

Activists say the prosecutions show 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.

The US Consulate in Hong Kong said the U.S. strongly condemned the sentences, saying: “The defendants were aggressively prosecuted and jailed for peacefully participating in normal political activity protected under Hong Kong's Basic Law.”

It comes after British MPs called separately for the unconditional release of Hong Kong businessman and British national Jimmy Lai as his trial recommences under the national security law.

Conservative former leader Sir Iain Duncan Smith, former chancellor Jeremy Hunt, and Labour former minister Dame Meg Hillier are among the senior political figures to have joined calls for Mr Lai's release.

Mr Lai was jailed in late 2020 and is currently being held in solitary confinement after being accused of violating national security laws over his pro-democracy activities.

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