Jailing of Hong Kong democracy activists a failure to uphold international law

Jared Genser says the decision to seek tougher sentences for three Occupy Central activists shows Hong Kong’s laws and prosecutors in a bad light. The government must respect its obligations to fundamental rights and release all political prisoners

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Protesters raise a placard to criticise Hong Kong Secretary for Justice Rimsky Yuen as they march in support of young democracy activists. Yuen appealed against the original “lenient” sentencing of the three activists, resulting in them receiving jail time. Photo: AP

Published: 1:51pm, 20 Oct 2017Updated: 1:50pm, 20 Oct 2017

By now, the story of Hong Kong democracy activists Alex Chow Yong-kang, Nathan Law Kwun-chung and Joshua Wong Chi-fung, leaders of the September 2014 “umbrella” democracy movement in Hong Kong, is well known. These courageous young men stood up and spoke out in favour of democracy, human rights and rule of law in Hong Kong. For their role in leading other peaceful protesters in gaining access to a fenced-off square, previously a popular spot for peaceful protests, they were charged with “unlawful assembly” under Hong Kong’s draconian Public Order Ordinance. Last year, they were found guilty; Law and Wong were sentenced to community service, and Chow to a three-week suspended jail term.

Had this been the end of the story, arguably, justice might have been fairly served. But, in August, Secretary for Justice Rimsky Yuen Kwok-keung appealed – even though the government had already prevailed – citing the “rather dangerous” leniency of the sentences. On appeal, the activists were sentenced to prison terms from six to eight months, making Chow, Law and Wong political prisoners.

Student pro-democracy activists (from left) Nathan Law, Joshua Wong and Alex Chow speak to the media outside Hong Kong's High Court on August 17 this year, the day of their sentencing for unlawful assembly. Photo: EPA

Jailing of Hong Kong Occupy trio a ‘serious threat’ to city’s rule of law, top foreign lawyers say in joint letter

In response, I joined a group of human rights and democracy activists in writing an open letter condemning this decision as a “serious threat to the rule of law” in Hong Kong, released on October 16.

The government was quick to respond, claiming that we misunderstood the situation. A spokesperson for the Department of Justice said our letter was “unjustified”, alleging that the “judiciary remains truly independent and has displayed very high quality in their discharge of professional duties”. Their statement was swiftly parroted by Chief Executive Carrie Lam Cheng Yuet-ngor.

With all due respect, I strongly disagree. In the spirit of peaceful protest and debate, these are the primary objections voiced by the international community.

Chief Executive Carrie Lam attends a phone-in programme about her policy address in Kowloon Tong last Friday. Lam has defended Hong Kong’s treatment of the three jailed democracy activists. Photo: Edward Wong

Jailing of Hong Kong democracy activists a failure to uphold international law

Jared Genser says the decision to seek tougher sentences for three Occupy Central activists shows Hong Kong’s laws and prosecutors in a bad light. The government must respect its obligations to fundamental rights and release all political prisoners

Jailing of Hong Kong Occupy trio a ‘serious threat’ to city’s rule of law, top foreign lawyers say in joint letter

Hong Kong leader Carrie Lam says she prays for city’s youth daily, warns them to ‘think thrice’ before breaking law