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SCMP Editorial

The jailing of 45 opposition figures for a plot to subvert state power is a landmark for Hong Kong’s judicial system, bringing the city’s biggest and longest-running national security case to an end. Three judges delivered an 82-page ruling giving reasons for imposing sentences of up to 10 years on the former politicians and activists, including ex-lawmakers and district councillors.
The jail terms have been condemned by Western governments. But the legal process, which included a 118-day trial, should be understood and respected.
The case involved an unauthorised “primary” vote in 2020 to select opposition candidates for Legislative Council elections.
The court found this was part of a wider plot to gain control of the legislature and paralyse the city by voting down the budget and forcing the chief executive to resign.

Legal scholar Benny Tai Yiu-ting, described as the mastermind, was found to have “advocated for a revolution”. If the scheme had succeeded, “the adverse consequences would be far-reaching and no less serious than overthrowing the government”, the court said.
The sentences imposed were longer than some defendants hoped for, but shorter than they might have been. They fall within the range set out for subversion in the national security law.
Tai was jailed for 10 years. The shortest prison term was four years and two months.
Many of the defendants, 31 of whom pleaded guilty, have been in custody on remand since March 2021. The time they have served will count towards their sentences.
This means four former lawmakers may be the first to be released in April.

The time the case has taken is warranted given its complexity and the number of defendants. Justice was neither delayed nor denied.
Sufficient time was needed to ensure due process was observed.
Important precedents were set by the court. The judges established that a subversion plot does not need to succeed or to be violent to breach the law. This provides much-needed clarity.
Foreign governments, regardless of geopolitical tensions, should at least recognise that Hong Kong’s judges are independent. No jurisdiction would welcome interference from outside.

The United States says it will impose visa restrictions on officials. This is not helpful or constructive.
A difficult chapter was brought to an end by the sentences, subject to any appeal. Many of the opposition figures expressed remorse.
Now they know their sentences, they can start to look ahead to rebuilding their lives when released.
The legal process has been followed and the judges should be respected for carrying out their duties responsibly, diligently and independently. There will continue to be divergent opinions and ideological differences, but the rule of law must be preserved.


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Hong Kong courts

Subversion sentences close difficult chapter as Hong Kong rule of law prevails

Elsa Wu, foster mother of defendant  Hendrick Lui, holds up a banner reading “The righteous shall live; the wicked shall perish”, ahead of the sentencing hearing. Photo: Sam Tsang

Benny Tai Yiu-ting, shown in 2021 at the Lai Chi Kok Reception Centre, was found to have “advocated for a revolution”. Photo: Winson Wong

Consular representatives queue up to hear sentencing in the “Hong Kong 47 case”. Photo: Elson Li

Hong Kong 47 case defendants leave West Kowloon Court in a Correctional Services Department vehicle. Photo: Elson Li

Hong Kong 47: 45 activists jailed for 4 to 10 years over plot to overthrow government

The defendants head back to jail in a prison vehicle.  Photo: Sam Tsang

Benny Tai. Photo: Winson Wong

Hong Kong 47: court rules subversion scheme as severe as violent attack against government

A vehicle carries defendants to court for the “Hong Kong 47” subversion case. Photo: Elson Li

Voters head to the polls in Tai Po in 2020. Photo: Felix Wong

Hong Kong 47: when will jailed activists in landmark national security trial be released?

Former legislator Claudia Mo was one of those handed the lightest sentence of four years and two months. Photo: May Tse

Hong Kong 47: crowds throng court as family, supporters bid farewell to jailed opposition figures

A supporter of one of the defendants, social worker Hendrick Lui, holds up a protest sign outside West Kowloon Court in Cheung Sha Wan before the sentencing hearing. Photo: Sam Tsang

Former lawmaker Emily Lau (yellow scarf) queues to enter West Kowloon Court before the start of the hearing. Photo: Elson Li

Chan Po-ying, wife of “Long Hair” Leung Kwok-hung, speaks to reporters as a security officer motions for her to leave at the end of the hearing. Photo: Elson Li

Hong Kong 47: Benny Tai jailed for 10 years over plot to overthrow government

Police stand guard outside West Kowloon Court as Hong Kong’s landmark subversion trial draws to a close. Photo: Sam Tsang

Residents queue to get into the court ahead of the sentencing hearing. Photo: Sam Tsang

Joshua Wong back in 2019. Photo: K. Y. Cheng

Claudia Mo. Photo: May Tse

Owen Chow. Photo: Facebook/Owen Chow

Merchant Mike Lam. Photo: May Tse

Gordon Ng. Photo: Facebook

Former district councillor Ng Kin-wai. Photo: Facebook/Ng Kin-wai

Opinion

Justice neither delayed nor denied in Hong Kong’s longest-running national security case that saw jail terms for 45 opposition figures


Justice neither delayed nor denied in Hong Kong’s longest-running national security case that saw jail terms for 45 opposition figures.


Hong Kong national security law (NSL)

Hong Kong politics

Hong Kong

Legislative Council of Hong Kong (Legco)

Benny Tai Yiu-ting

Hong Kong protests

Crime in Hong Kong

Hong Kong elections

US-China relations

Expresses the views, ideas and conclusions of the author. (Eg. Enough of Crazy Rich Asians, think of crazy poor Hongkongers.)


Column

Editorial

Subversion sentences close difficult chapter as Hong Kong rule of law prevails

.css-1c6uqr6{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;overflow-wrap:break-word;}Justice neither delayed nor denied in Hong Kong’s longest-running national security case that saw jail terms for 45 opposition figures

Justice neither delayed nor denied in Hong Kong’s longest-running national security case that saw jail terms for 45 opposition figures