The 45 Hong Kong pro-democracy activists convicted in a sham trial must be released immediately, said CIVICUS, a global civil society alliance today. The court verdict is a travesty of justice and clearly politically motivated. It further undermines the rule of law and is a clear attempt to silence critical voices for democracy in Hong Kong.
On 19 November 2024, a Hong Kong court sentenced 45 activists to harsh sentences varying from ten to four years imprisonment. The group of activists includes opposition politicians, former lawmakers, unionists, academics and lawyers, and were among 47 individuals charged under the draconian National Security Law (NSL) in 2021 with “conspiracy to commit subversion.” They were charged following an unofficial primary election in July 2020 to pick opposition candidates for the 2020 legislative elections, which was then postponed. 31 pleaded guilty, and two were acquitted at trial. Their prolonged detention, denial of bail and a jury trial has raised serious fair trial concerns.
“The conviction of 45 pro-democracy activists after more than four years, under the draconian national security law, is outrageous. It aims to create a chilling effect for those who advocate for democracy. We call for their sentences to be overturned immediately and unconditionally. CIVICUS stands in solidarity with the jailed activists and those fighting for democracy in Hong Kong,” said Rajavelu Karunanithi, Advocacy and Campaigns Officer, Asia in CIVICUS.
The convictions are part of the relentless efforts by the Chinese government to crush the democracy movement in Hong Kong. Since the NSL was passed in 2020 it has been systematically used as a tool to criminalise and punish dissent, especially those calling for democratic reforms in Hong Kong. Nearly 300 individuals have been arrested, charged or prosecuted. It has also been used to criminalise protesters and crackdown on the media, and civil society groups, unions and political parties have been forced to disband. Hong Kong activists in exile also remain at risk with warrants and bounties issued for their capture.
The NSL is inconsistent with Hong Kong’s international human rights commitments under the International Covenant on Civil and Political Rights (ICCPR). The ICCPR was officially incorporated into domestic law with the enactment of the Hong Kong Bill of Rights Ordinance (BORO) in 1991. The United Nations Human Rights Committee, during its review of Hong Kong’s civil and political rights record in 2022, expressed deep concerns about the “overly broad interpretation” and “arbitrary application” of the NSL.
In March 2024, the Beijing-controlled Legislative Council in Hong Kong passed a new security law that will add another layer of repression in the territory.
“The Hong Kong authorities must halt its repression of activists, journalists and critics using national security legislation. They must instead adhere to its international obligations to protect civic freedoms and repeal all laws that are inconsistent with international human rights law and standards. The international community must more strongly call out and stand against out these abuses in Hong Kong and support activists in the country as well as those in exile,” said Karunanithi.
Hong Kong’s civic space rating was downgraded by the CIVICUS Monitor from ‘repressed’ to ‘closed’ in March 2023.
