HONG KONG: MASS SENTENCING OF OPPOSITION FIGURES HIGHLIGHTS DIRE STATE OF JUSTICE SYSTEM

Responding to the jail sentences of up to 10 years handed to 45 Hong Kong opposition figures convicted of “conspiring to subvert state power” under the city’s National Security Law, Amnesty International’s China Director Sarah Brooks said:

“No one convicted in this politically motivated case should be spending a day in jail; let alone be facing the kind of lengthy sentences meted out today.

“Months ago, we called these convictions a ‘ruthless purge’ of the opposition, and today that has been borne out. These sentences, despite going through the motions of mitigation and respect for due process, are clearly intended to punish opponents of the Hong Kong government while intimidating others who might dare to follow them.

“These harsh sentences underline the dire state of Hong Kong’s justice system. None of the 45 people sentenced have committed an internationally recognized crime; they have been jailed only for exercising their human rights. We call once again for their immediate and unconditional release.”

Background

In Hong Kong’s largest prosecution under the National Security Law, which was enacted in June 2020, 47 defendants were jointly charged with “conspiracy to commit subversion”.

Thirty-one of the 47 plead guilty to the charge while 16 plead not guilty, two of whom were acquitted.

The charges relate to their organization and participation in self-organized “primaries” for the 2020 Legislative Council elections that were ultimately postponed by authorities on Covid-19 grounds before the Chinese government brought in a new electoral system that strictly vetted who could stand for office.

The city’s chief executive at the time, Carrie Lam said the “primaries” were illegal and warned that they could be in breach of the National Security Law that had been enacted only weeks earlier.

To treat self-organized “primaries” conducted by political parties to select candidates to put forward for elections as a genuine threat to Hong Kong’s existence, territorial integrity or political independence does not meet the high threshold of application for “national security” that international human rights standards require.

Hong Kong’s human rights situation has deteriorated dramatically since 2020, with nearly 300 people arrested for violating the National Security Law or a colonial-era “sedition” law. The so-called Article 23 legislation introduced earlier this year has further deepened repression and silenced opposition voices in the city.