Free the Hong Kong 45!

On 19 November, 45 pro-democracy activists received prison sentences ranging from four to ten years in the largest court case since Beijing imposed its National Security laws on Hong Kong in June 2020.

A panel of three judges pronounced them guilty of conspiring to commit subversion, for their involvement in an unofficial primary election in July 2020 aiming to win a majority in the forthcoming elections for Hong Kong’s Legislative Council (Legco). This is a no-jury political trial designed to silence any opposition to the government in Hong Kong.

Justice

The timeline of nearly four years in itself is a travesty of justice. Arrested in January 2021, most were remanded in custody for over two years, until a long trial started in Feb 2023 and finished in May 2024. The court then took a further six months to deliver sentencing.

Benny Tai, law lecturer, co-founder of 2014 Occupy Central, and portrayed by the prosecution as the initiator of the strategy to secure an anti-government Legco majority, received the heaviest sentence, ten years. Those receiving sentences over seven years include Leung “Long Hair” Kwok Hung, socialist veteran and leader of the League of Social Democrats; Winnie Yu, leader of the Hospital Authority Employees Alliance union (HAEA), and Gwyneth Ho, activist and journalist of the now-defunct Stand News. Carol Ng, chair of the disbanded HKCTU and founder of the British Airways Hong Kong Cabin Crews Union, received a sentence of 4 years and 5 months.

Johannes Chan, former professor of Law at the University of Hong Kong, declared that it is common practice in democracies and admissible in Hong Kong’s Basic Law to press for government policy changes through vetoing a budget. The judges stated that the democrats faced “only a conspiracy charge” and not actual acts of subversion, therefore the more severe National Security penalty bands would “not strictly be applicable”. The Secretary for Security, Chris Tang, has already threatened to appeal for harsher sentences. The government is keen to promote the façade that Hong Kong still operates under common law, but clearly under severe strain.

In essence, “One Country, Two Systems” was concocted between the UK and Chinese Governments to safeguard Hong Kong’s function as a financial hub. Hong Kong people were never consulted over the 1997 handover and the promises of universal franchise in the Basic Law were just window dressing.

Postponed

In 2021-1, the Hong Kong government postponed the Legco elections and rewrote its rules to disqualify oppositionists, resulting in a “patriots only” Legco with 89 out of 90 from pro-Beijing political parties. The Hong Kong Confederation of Trade Unions (HKCTU) and many autonomous unions were forced to disband. Apple Daily, Stand News and other media critical of the Government were closed down. The Hong Kong Alliance in Support of Patriotic Democratic Movements of China (ASPDMC), organiser of the annual 4 June Tiananmen commemoration since 1990, disbanded in Sep 2021 after its leaders were arrested.

Hong Kong civil society is largely deprived of freedom of expression and assembly and Patriotic (to the CCP) Education is being inserted into the Hong Kong curriculum.

Despite all the repression, there is still some scope for industrial action in Hong Kong. The fast food delivery workers continue to take sporadic action, as recently as April 2024, after a big strike in 2022 narrowly failed to win lasting concessions from globalised gig businesses FoodPanda and Deliveroo. A series of fatal industrial accidents is prompting even pro-Beijing unions to press the government to take stronger measures against offending employers.

Cathay Pacific unions for both cabin crew and pilots continue to press for better pay and conditions as the airline, having sacked thousands of staff in 2019, strives to recover lost business post-Covid.

Apart from the 45, other leading oppositionists in jail include Lee Cheuk Yan, former secretary of HKCTU and chair of the ASPDMC, Chow Hung Tung, who became ASPDMC convenor after Lee’s arrest, and Jimmy Lai, business tycoon and owner of Apple Daily. His court case began on 20 November, drawing international mainstream media’s attention away from the sentencing of the HK45.

Labour movement activists must campaign actively to press for the release of all imprisoned HK activists! We must demand that the Labour government steps up its support for exiled diaspora and ensure that they are free from harassment by the Chinese embassy. Help build the demonstration on 30 November!