Hong Kong 47: Sentencing for 45 democrats tentatively scheduled for November 19

Hong Kong Free Press

The 45 democrats convicted in Hong Kong’s largest national security trial after taking part in an unofficial primary election are expected to be sentenced next month.

High Court Judge Andrew Chan has tentatively scheduled a sentencing hearing for November 19, according to a document seen by HKFP.

47 democrats mitigation July 5 — Heavy police presence seen at West Kowloon Law Courts Building on July 5, 2024. Photo: Kyle Lam/HKFP.

Two sources familiar with the matter also said that day has tentatively has been scheduled for the 45 pro-democracy scholars, lawmakers, and activists, most of whom have been in custody since February 2021. Under the Beijing-imposed national security law, they could be jailed for life.

The 45 defendants admitted or were convicted of conspiring to commit subversion over an unofficial primary poll held in July 2020, which aimed to help the opposition camp win a majority in the city’s legislature.

The court ruled that the democrats, had they won a majority, had intended to abuse their powers to indiscriminately veto the government budget and force the chief executive to resign. A panel of three judges specially selected to hear national security cases ruled that this would have plunged Hong Kong into a “constitutional crisis.”

The verdicts of 16 Hong Kong democrats who have pleaded not guilty in landmark national security case over unofficial primaries.

Of the 47 democrats initially charged with subversion, 16 pleaded not guilty, while 31 pleaded guilty. The court found 14 of the democrats guilty, acquitting two of them.

Sentencing scheduled

Mitigation hearings for the democrats took place from June to September this year.

While some argued that their involvement in the primaries was limited, others said they had no way of knowing that the primaries were illegal under the security law. Some of the democrats had mitigation letters from establishment figures.

West Kowloon Magistrates' Courts in Hong Kong, on September 19, 2024. Photo: Kyle Lam/HKFP. — West Kowloon Magistrates’ Courts in Hong Kong, on September 19, 2024. Photo: Kyle Lam/HKFP.

Beijing imposed the national security law in June 2020 following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts – broadly defined to include disruption to transport and other infrastructure.

The move gave police sweeping new powers and led to hundreds of arrests amid new legal precedents, while dozens of civil society groups disappeared. The authorities say it restored stability and peace to the city, rejecting criticism from trade partners, the United Nations and NGOs.