HONG KONG – A Hong Kong court today sentenced 45 pro-democracy activists to prison terms ranging from 50 months to 10 years in connection with the "35+ primary" case, a landmark national security trial. The case, which involved accusations of subversion, has drawn significant international attention and sparked intense debate within Hong Kong.
Benny Tai, considered the mastermind behind the 2020 primaries, received the harshest sentence of 10 years. Four other defendants – including former lawmakers Au Nok-hin, Zhao Jiaxian, and Chung Kam-lun – were designated as ringleaders and received sentences starting at 15 years (for Au, Zhao, and Tai) and 12 years (for Chung). The court found Tai guilty of organizing and orchestrating the primaries, providing a platform for candidates intending to use a veto power within the legislature, and collaborating with others on strategies such as the "three votes, three abstentions" approach.
The court stated that Tai's actions constituted a clear violation of the national security law, citing his continued involvement even after Au Nok-hin withdrew from the plan. While Tai's initial sentencing point was 15 years, the court granted a reduction based on his eventual plea. Other defendants, categorized as active participants, received sentences reflecting their level of involvement. For instance, former Civic Party member and lawmaker, Alvin Yeung, was sentenced to 5 years and 1 month. Several other key figures, including prominent activists, received sentences ranging from 59 months to 93 months.
The sentences have been met with mixed reactions. Some critics argue the sentences are disproportionate to the alleged offenses, while others believe they align with legal expectations and serve as a deterrent against future subversion attempts.
The trial, which began in March 2021, lasted over three and a half years. The prosecution highlighted the complexity of the case, involving numerous defendants and intricate details. The court also noted attempts by foreign forces to interfere with the proceedings, including threats against judicial personnel.
The government lauded the verdict, asserting it demonstrates Hong Kong's commitment to upholding national security under the national security law. The convictions of prominent figures like Tai, Leung Kwok-hung, Lam Cheuk-ting, Yeung, Claudia Mo, and Joshua Wong (who was already serving time on other charges at the time of this trial) are seen by the government as a significant blow to the pro-democracy movement. However, the case continues to be a source of significant political and social division within Hong Kong.