Landmark trial for 47 Hong Kong democrats enters final stretch before sentencing
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Police outside Hong Kong's Magistrates' Courts on May 30, during the verdict in the trial of 47 pro-democracy activists.
PHOTO: REUTERS
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HONG KONG - Mitigation pleas for Hong Kong’s biggest national security trial against the city’s democratic opposition kicked off on June 24, in what is expected to be the final stage before sentencing that could see some defendants jailed for life.
The 47 democrats were among those arrested in early 2021 for taking part in an unofficial, non-binding poll to select candidates for a legislative election. They were charged with “conspiracy to commit subversion” under a China-imposed national security law.
The marathon case has drawn criticism from countries including Britain, the US and Australia, which say the national security laws have been used to stifle dissent and curb freedoms guaranteed when the financial hub was handed back to China in 1997.
The Chinese and Hong Kong authorities say the national security law is necessary and has brought stability.
Most of the democrats have been denied bail and remanded in custody for more than three years in what critics say has been a departure from common law traditions.
The mitigation proceedings come around one month after 14 democrats were found guilty with two acquittals. Several others had earlier pleaded guilty.
The 45 convicted democrats will make mitigation pleas in six batches over the next six weeks, before the sentencing that could range from three years for active participants in the conspiracy, to life for “principal offenders”.
On June 24, former law professor Benny Tai, 59, was among the first five defendants to make a mitigation plea.
Tai, who earlier pleaded guilty, was considered by the judges in the written verdict to be the “brains and primary promoter” behind the primary election to seriously interfere, disrupt or undermine the performance of the government.
“It is quite unacceptable to say that an organiser of a crime is not a principal offender, prosecutor Jonathan Man said.
Lawyer Stewart Wong, who represented Tai, suggested to the court that he should be sentenced to two years in jail.
Others include those accused of organising the primary election and who have since pleaded guilty and become witnesses for the prosecution – Au Nok-hin, Andrew Chiu and Ben Chung.
They were separated from Tai by eight uniformed prison wardens in the dock.
Australian-Hong Kong dual citizen Gordon Ng, 45, is the first among those who pleaded not guilty due to make his mitigation plea.
Under the 2020 security law, a principal offender faces 10 years to life imprisonment; active participants at least three years to 10 years in jail and other participants less than three years in jail. REUTERS
