Forty-five of Hong Kong’s most prominent pro-democracy figures were jailed for conspiring to subvert state power on Tuesday as the city’s largest national security case came to a close.
Among those sentenced to up to a decade behind bars over their roles in an unofficial election primary held in July 2020, which aimed to help the pan-democrats secure a controlling majority in upcoming elections for the legislature, were environmentalists, an LGBTQ advocate, and social workers.
People queue up outside the West Kowloon Law Courts for a seat for the sentencing hearing of 45 democrats, on November 19, 2024. Photo: Kyle Lam/HKFP.
A panel of three handpicked national security judges ruled that the democrats had intended to abuse their constitutional powers to indiscriminately veto the government budget and force the chief executive to resign if they had indeed won a majority.
In a statement issued on Tuesday night, Chief Executive John Lee said that the democrats’ ultimate goal had been “to undermine, destroy or overthrow the existing political system and structure of the Hong Kong Special Administrative Region.”
HKFP looks at who has been imprisoned, from the primary election organisers to the ex-district councillors.
The primary election organisers
Benny Tai, jailed for 10 years
Benny Tai in a demonstration held on January 1, 2019. Photo: Etan Liam, via Flickr.
Benny Tai, 60, was a legal scholar who began teaching at the University of Hong Kong (HKU) in 1991. He was a student representative from 1988 to 1990 on the Basic Law Consultative Committee, and in 2001 received a medal for his work in promoting civic education.
Alongside his career in academia, Tai was also heavily involved in activism. He headed the Occupy Central With Love and Peace campaign in 2014, which later grew into the 79-day Umbrella Movement involving a blockade of several main roads. He was arrested and found guilty of conspiring to commit a public nuisance and incitement to commit a public nuisance, and sentenced to one year and four months in jail.
In July 2020, after the opposition primary went ahead despite a government warning that it could breach the newly-imposed national security law, Tai was fired from the university for misconduct. He called the move a “blatant trampling of academic freedom” that was initiated not by the university but by “an authority beyond” it.
During the trial, defendants testifying for the prosecution pointed the finger at Tai, calling him the leader of the plan to win a majority in the Legislative Council and veto government bills.
Au Nok-hin, jailed for 6 years and 9 months
Au Nok-hin. File photo: Kris Cheng/HKFP.
Au Nok-hin, 37, became immersed in politics as a government and public administration major at the Chinese University of Hong Kong (CUHK). He once described himself as an “angry” young man, but said he later learned to temper his idealism to realise his political goals.
Au joined the Democratic Party in 2009 and sought to join one of Hong Kong’s 18 district councils to give a voice to local communities. In 2011, he stood and won in the mainly working class district of Lei Tung I, at the age of just 24.
From 2016 to 2017, Au was convenor of the Civil Human Rights Front, the group behind many of Hong Kong’s biggest mass protests that disbanded in 2021, in the wake of the national security law.
In 2018, after quitting the Democratic Party the previous year, Au was elected to represent the Hong Kong Island geographical constituency in a Legislative Council by-election, filling the seat left empty after Agnes Chow was disqualified over her political views. He lost his seat in 2019 after a court overturned Chow’s disqualification.
Prosecutors identified Au as one of the primary election organisers and he pleaded guilty to the charge, becoming one of four to testify against his peers for the prosecution. During trial it was revealed that he was already assisting the police in September 2021, around six months after the democrats were charged.
Andrew Chiu, jailed for 7 years
Tai Koo Shing West District Councillor Andrew Chiu. Photo: Rachel Wong/HKFP.
Andrew Chiu, 39, was a member of political groups the Democratic Party and Power for Democracy. He was first elected to the District Council as a representative of the Tai Koo Shing West constituency in 2007, and subsequently elected for three more terms.
Testifying against his co-defendants during the trial, Chiu said Tai had “politicised” the District Council elections. After the opposition landslide in the November 2019 district polls, Chiu said some had become more “ambitious because they were riding on discontent” over the extradition bill.
His lawyer argued for a shorter sentence for Chiu, citing his assistance to the prosecution as well as his announcement in a Facebook post that he was resigning from the primary scheme.
Ben Chung, jailed for 6 years and 1 month
Ben Chung. File photo: Ben Chung, via Facebook.
Ben Chung’s start in politics came at the age of 12, when he volunteered for Sai Kung District Councillor Gary Fan, another of the pro-democracy figures jailed in the case.
Chung was later elected to the Sai Kung District Council in 2011, representing the Yan Ying constituency. He left the Democratic Party to join the Neo Democrats, which was established in 2011 and advocated for a high degree of autonomy, democracy, rule of law and human rights.
During mitigation, Chung’s lawyer asked for the court to consider a lesser sentencing for his assistance to the prosecution.
Chung turned 36 on the day of the sentencing hearing.
The ex-district councillors
Tiffany Yuen, jailed for 4 years and 3 months
Ex-district councillor Tiffany Yuen. Photo: Studio Incendo.
Tiffany Yuen, 31, was the former vice-chairperson of Demosisto, a pro-democracy group founded by prominent activists Joshua Wong, Nathan Law and Agnes Chow. She was elected to the Southern District Council in 2019 by defeating Chan Fu-ming, who had been re-elected unopposed in the three previous terms.
Yuen has been vocal about the sexual harassment of female politicians. In an interview with HKFP in June 2020, Yuen said daily sexual harassment made her feel that her work was undervalued because of her gender. She also said comments not related to her work were generally unnecessary and unwelcome.
“No woman in any political party should face harassment based on their face, body, or private life. Even if they are pro-government, they do not deserve attacks like this,” she said.
In May 2021, Yuen was jailed for four months for taking part in a banned vigil on June 4, 2020, to commemorate the 1989 Tiananmen Massacre. She was subsequently ousted from the district body, because the District Councils Ordinance stipulates that any councillor sentenced to jail for more than three months would lose their seat.
Upon her victory in the unofficial primary poll, Yuen submitted nominations to run in the 2020 Legislative Council election. Like other pro-democracy candidates, she was asked to clarify her stance on a number of issues, including requesting foreign sanctions, objecting to the national security law and the legal status of Hong Kong. She was ultimately barred from entering the race.
During mitigation in July, Yuen’s lawyer described her as an “idealist” who had been kind to others throughout her life and revealed she had got married while in detention to another of the democrats involved in the case. The name of her husband was not disclosed.
Fergus Leung, jailed for 4 years and 11 months
Fergus Leung. Photo: HKFP.
Former district councillor Fergus Leung initiated the “Inked Without Regret” petition along with fellow activist Owen Chow and ex-district councillor Sam Cheung in June 2020, aiming to rally “radical” candidates. He won a district council seat in 2019 as an independent.
The trio identified as “localists,” an ideology that emphasised Hong Kong’s cultural and political autonomy amid perceived encroachment by Beijing. It gained prominence following the large-scale pro-democracy protests in 2014 and 2019.
Leung, now 27, pleaded guilty to the subversion charge.
Tat Cheng, jailed for 6 years and 6 months
Tat Cheng arriving at the West Kowloon Law Courts Building on April 24, 2023. Photo: Kyle Lam/HKFP.
Cheng formally joined the Civic Party in 2012 and was a member of its executive committee at the time of his arrest. He was one of 13 defendants granted bail after the democrats were charged in February 2021 and quit the party in May that year.
Cheng pleaded not guilty to the charge. In mitigation, the court was told he had completed a test for certification as a lawyer and had only been following the leadership of his party regarding the unofficial primary.
Andy Chui, jailed for 4 years and 2 months
Andy Chui. Photo: Facebook.
Andy Chui, 57, became an Eastern District councillor when he defeated pro-establishment candidate Christopher Chung in a surprise upset in 2015.
In 2019, he founded pro-democracy group Chai Wan Startup amid the extradition bill protests. The group pledged to fight for the protesters’ five demands while improving district work. He was successfully re-elected to the district body.
During a forum before the primary election, Chui was said to have advocated for fighting against what he described as an unjust regime. He was not selected in the primary but submitted a nomination form for the Legislative Council election in the Hong Kong Island geographical constituency, in hopes of taking the place of those candidates who were disqualified by the government.
During mitigation in July, Chui’s lawyer revealed that Chui was recently divorced and that his father had died while Chui was in detention.
Chui, in a letter, apologised to the court and said he understood the seriousness of the offence. He described himself as a political neophyte who had not been greatly involved in the primary scheme.
Clarisse Yeung, jailed for 6 years and 6 months
Clarisse Yeung arrives at Hong Kong’s West Kowloon Law Courts Building to hear her verdict, on May 30, 2024. Photo: Kyle Lam/HKFP.
Clarisse Yeung, 38, was elected as a member of the Wan Chai District Council in 2015. She was the council’s chair from 2020 until her disqualification over an “invalid” pledge of allegiance in September 2021.
With a background in visual arts, Yeung’s political career was closely linked to her involvement in advocacy group Hong Kong Culture Monitor. Founded in 2012, the advocacy group, which Yeung later chaired, aimed to “actively observe and respond” to legislation and government policies related to arts practice, and to the larger cultural development of Hong Kong.
During the onset of extradition bill protests in June 2019, Yeung and more than 20 individuals from the arts and cultural sector took part in a hunger strike movement in opposition to the bill.
Yeung, who pleaded not guilty and was one of the few democrats granted bail, became known for the curated outfits she wore to the court during the course of the 118-day trial. The court ruled that Yeung did not connect voting down the budget with protesters’ five demands, but she saw the Hong Kong government as “unjust” and so would have vetoed the budget.
Michael Pang, jailed for 6 years and 6 months
Michael Pang arrives at Hong Kong’s West Kowloon Law Courts Building to hear his verdict, on May 30, 2024. Photo: Kyle Lam/HKFP.
Michael Pang, 30, became a marketing entrepreneur in 2015 while studying for a bachelor’s degree at HKU. He had been an activist since the age of 14, taking part in the Anti-Hong Kong Express Rail Link movement of 2009 to 2010, and the Umbrella Movement in 2014.
Inspired by localist politician Raymond Wong, Pang worked as Wong’s assistant after graduating from HKU. He took part in the 2019 protests and was arrested. He was elected as a district councillor in November 2019, when the opposition swept the local advisory bodies with a landslide.
Pang pleaded not guilty to the charge and was granted bail. During the trial, Pang’s lawyer described him as patriotic and said he had worked for the pro-establishment Basic Law Foundation after his arrest in June 2019, promoting national security. But the judges questioned whether Pang only became “patriotic” after his arrest and accused him of being “an opportunist masquerading as a patriot.”
Jimmy Sham, jailed for 4 years and 3 months
Hong Kong activist Jimmy Sham. File photo: Etan Liam, via Flickr.
League of Social Democrats member Jimmy Sham, 37, was convenor of the Civil Human Rights Front from 2018 to 2020.
The group faced increasing scrutiny from the government and the pro-Beijing camp after the 2019 unrest and dissolved in August 2021.
Sham took part in the 2019 District Council elections, substituting for jailed fellow League of Social Democrats member Raphael Wong, and was elected to the Sha Tin District Council.
The openly gay activist has been a vocal advocate for LGBTG rights and in 2018 launched a legal bid to make Hong Kong recognise same-sex marriages performed overseas.
Almost five years later, the city’s top court gave Sham a partial victory, ruling that the government must provide an alternative legal framework that recognises same-sex relationships. It stopped short of granting full marriage rights to same-sex couples.
Kalvin Ho, jailed for 6 years and 7 months
Kalvin Ho arriving at the West Kowloon Law Courts Building on April 24, 2023. Photo: Kyle Lam/HKFP.
Kalvin Ho, 36, was a district councillor with the Hong Kong Association for Democracy and People’s Livelihood. He was the vice-chair of the group, which focused on community affairs in underprivileged districts.
Ho won the unofficial primary for the Kowloon West constituency but quit politics after his arrest in the subversion case, in which he pleaded not guilty. The judges dismissed his defence that he took part in the primary because he believed vetoing the budget was his constitutional right under the Basic Law.
The court heard that Ho had studied theology while in custody and planned to focus on the church in the future.
Kinda Li, jailed for 4 years and 3 months
Kinda Li. Photo: Kinda Li, via Facebook.
A drama and music lover, Kinda Li, 31, has a degree in social work from HKU. Inspired by the Umbrella Movement, he formed a civic group with other social workers, promoting the notion of recycling and civic awareness in a Kwun Tong community.
Li quit his social work job in 2019 at the height of the protests to devote himself to politics. He was elected as a district councillor in November 2019.
He pleaded guilty in the case. His counsel said Li had taken part “in the dark side” in 2019 and 2020 but deeply regretted his actions.
Sze Tak-loy, jailed for 6 years and 7 months
Sze Tak-loy (right), one of the 47 democrats in Hong Kong’s largest national security case, outside the High Court on November 29, 2023. Photo: Hans Tse/HKFP.
Sze Tak-loy, 42, was the former chair of the Hong Kong Association for Democracy and People’s Livelihood. The registered social worker also served on the Wong Tai Sin District Council between 2016 and 2021.
Sze, who pleaded not guilty, told the court during trial that taking part in the primary had been a way to improve the image of the ADPL, a traditional pro-democracy party that some saw as “weak.”
Prosecutors said Sze had attended a coordination meeting and signed the Inked Without Regret document. The prosecution quoted him as saying: “If [ADPL members] make it into the Legislative Council, in this day and age, we must fight. Anybody who doesn’t fight, please get out of the way.”
The defence argued that Sze’s statements were mere political language.His lawyers said Sze had read the national security law and consulted ADPL’s district councillors and lawyers, and believed it was not against the law to pledge to veto the budget.
During mitigation hearings in July, Sze’s lawyer said he may lose his professional qualification under a new rule that bars anyone convicted of endangering national security from the social work sector.
Sam Cheung, jailed for 4 years and 11 months (HOW OLD?)
Sam Cheung. Photo: Sam Cheung, via Facebook.
Political novice Sam Cheung, 31, worked as a lyricist, a cultural critic, a teaching and research assistant in universities, and an editor for online media outlets.
At the height of the 2019 protests, he helped formed a civil group in Tuen Mun to tackle community issues. He was elected a district councillor in 2019.
Along with most of the defendants, Cheung had been in custody since February 28, 2021. During that period, his lawyer told the court in July, his father had died and his son – now aged three – had been born.
Following the mob attack, he joined the civil group TSW Connection with others who linked up via the internet or in the street. He was elected as a district councillor for Yuen Long in the 2019 elections.
Ng said he took part in the primary because he believed the government should act as a servant for the people and had become upset by its arrogance. He said he did not regret what he had done and had no plans to leave Hong Kong before he was arrested.
Roy Tam, jailed for 4 years and 3 months
Roy Tam raises his thumb up as he is being transferred onto a prison van on March 3, 2021. Photo: Studio Incendo.
After graduating from the Chinese University of Hong Kong with a bachelor’s degree in environmental science, Roy Tam, 44, worked as a schoolteacher but soon became an environmental activist. He founded the NGO Footprint in 2002 and Green Sense in 2004.
As president of Green Sense, Tam advocated against the “wall effect” created by many developments in the city and promoted environmental protection in schools, encouraging students to reduce the use of air conditioning and turn off lights.
Tam’s political career began in 2008 when he stood unsuccessfully for the Legislative Council. Apart from environmental issues, he warned about the number of mainland immigrants to Hong Kong and their impact on medical resources. He described himself as “a practical localist.”
He was elected as a district councillor in 2015 and re-elected in 2019, resigning in April 2021 after his arrest.
Ricky Or, jailed for 6 years and 7 months
Ricky Or outside the West Kowloon Law Courts Building on July 10, 2023. Photo: Kyle Lam/HKFP.
Ricky Or, 53, was a district councillor at the time of his arrest under the national security law. He was a member of the Democratic Party from 2008 to 2018, and had taken up leadership positions in a number of civil society groups.
Or served in the Sai Kung District Council from 2004 to 2011. In May 2019, he formed the Community Alliance with some ex-Democratic Party members and threw his hat in the ring for the district race that year. He was elected into the district body again amid the extradition bill protests.
On March 6, 2021, two days after he sat through a four-day marathon bail hearing with other democrats charged in the subversion case, Or announced his withdrawal from all political groups. He was later granted bail by the High Court.
Although Or swore allegiance to the government in October 2021 in the hope of keeping his district council seat, his oath was ruled as invalid. He was ousted from the district body.
In May, the court ruled that Or, who had pleaded not guilty, knew the “dire consequence of persistent vetoing of the budgets.” Despite his loss in the primary election, Or had called on voters to support those who won in the polls, so that they could stage resistance in the legislature. Because of this, Or had “every intention” to subvert the government, the court ruled.
Lester Shum, jailed for 4 years and 6 months
Lester Shum. Photo: Holmes Chan/HKFP.
Lester Shum, 31, was a student leader of the 2014 Umbrella Movement who went on to become a District Councillor five years later.
His lawyer told the trial he would not “hide or trivialise” Shum’s active participation in the conspiracy.
Shum wrote in his mitigation letter: “The public had placed hopes upon me to serve it. Not only did my actions contradict that purpose, but since being remanded in custody I have not been able to continue to serve the public. To those who looked up to me to be a responsible public figure, I have let them down, and for that I am deeply remorseful, regretful and deeply apologetic.”
He was handed a separate six-month sentence in May 2021 for taking part in a banned vigil to commemorate the 1989 Tiananmen crackdown in Beijing.
Henry Wong, jailed for 4 years and 3 months
Henry Wong. File photo: Henry Wong, via Facebook.
Henry Wong, 33, was a member of the Yuen Long District Council when he was arrested and charged.
Wong graduated from the Hong Kong University of Science and Technology with a degree in Computer Science and Engineering and worked in the information technology field.
Wong ran in the 2016 Election Committee poll and secured a seat in the Information technology subsector. Although he was labelled a pro-independence politician, Wong’s position in the Election Committee gave him the right to vote for 36 Hong Kong delegates to the National People’s Congress, China’s rubber-stamp parliament.
Following his defeat in the 2015 District Council election, Wong joined the 2019 race and was the top vote-getter in the Yuen Long district.
In November 2020, Wong was arrested for allegedly inflating campaign finances in the lead up to the Legislative Council election earlier that year. He had declared HK$4.89 million in campaign expenses together with his running mate, Timothy Lee. Additionally, Wong was apprehended on suspicion of possession of imitation firearms, after various imitation firearms, bullets and a wooden bow were found at his home.
Based on local media reports, Wong had not been charged following the arrest.
