A group of Hong Kongers who were arrested at sea by Chinese authorities while attempting to seek refuge in Taiwan were sentenced on 23 December 2020 by a mainland court for up to three years in prison. The sentencing is only the latest offensive in the Chinese Communist Party’s actions against pro-democracy activists.
The group of 12 activists, of whom most were on bail or facing charges related to last year’s anti-government protests, were captured by the Guangdong coast guard 72 kilometers southeast of Hong Kong on the morning of 23 August 2020. One activist, Andy Li, was recently arrested under the national security law. Their case has been closely observed by Hong Kong’s pro-democracy opposition movement, solidifying their worst fears about Hong Kong’s future under strengthening central control by Beijing as the 12 were detained in the mainland without charges for months before, then being tried away from the public’s view in Shenzhen.
The Chinese justice system’s conviction rate is 99.9%.
Of the 12 Hong Kong activists, one was convicted to three years in prison for organizing illegal border crossing. Another was sentenced to two years in prison for the same reason. Additionally, they were also fined between $1,500 to $3,000. Eight were convicted and given seven-month sentences for taking part in the border crossing. The other two, who were minors at the time of arrest, have not been charged and have been transferred to Hong Kong police custody based on a statement from Shenzhen prosecutors. The detention and secretive trialing of the group of activists who were allegedly caught in mainland waters has demonstrated the differences between the Hong Kong independent legal system and mainland courts controlled by the Communist Party. Courts in the mainland courts have been repeatedly used by the party to silence dissidents.
According to representatives for the families, the 12 activists have had almost no contact with family members and were denied access to lawyers chosen by relatives throughout their detention and were instead assigned lawyers by the mainland government. Families did receive letters from their detained relatives, but said the letters appear scripted to tell them ‘not to worry’. Furthermore, no charges were given until this month, a method routinely used while holding defendants for extended periods of time in the mainland. Relatives and observers were barred from access to the trial held in Shenzhen with families being notified of the trial date a mere three days in advance. This barring of access was upheld, despite requests from families and even foreign diplomats. However, according to a statement by the Shenzhen court, unnamed relatives did attend the trial.
“We don’t really know what happened during the detention or during the trial, what kind of evidence was presented, what kinds of things they admitted to doing,” said Beatrice Li, sister of Andy Li, who was sentenced to seven months in prison. “Without this background, we can’t really comment on whether the verdict itself is reasonable or not. The entire process has been unjust already.”
In response to the case, a U.S. State Department spokesperson urged Beijing for the release of all 12, as well as permission for them to leave the country. She said in a statement, “The treatment by PRC authorities of these 12 individuals, some of whom are underage, has been appalling. Beijing authorities continue their campaign to stamp out the remaining rights and freedoms of the people of Hong Kong, falsely equating their system of rule by party decree with the rule of law.” The case of the 12 activists has gained widespread attention both in Hong Kong and internationally, as it symbolizes the city’s worsening oppression of political freedoms since the passing of the new national security law that was imposed by Beijing. Foreign governments such as the U.S. Embassy in China urge Beijing for the reversal of the sentencing and release of the activists. Supporters of the 12 increased pressure with rallies for their release in cities around the world, including Taipei, New York, Adelaide, and Vancouver.
At this point, remaining actions may seem limited given the sentencing of the activists has already occurred. However, it must be noted that increased pressure by governments and their embassies within China can indeed create a window of opportunity for discussion with Beijing for compromise or release of the 12 activists possible. Continued rallies internationally for the supporters can further assist the pressure by bringing attention to the latest case of oppression of protestors. If international attention to the case and situation in Hong Kong wanes, the future of the former British colony may be in further jeopardy as Beijing continues tighten its grip.
As Yamini Mishra, Amnesty International’s Asia-Pacific regional director said in response to the sentencing of the Hong Kong 12, “The Chinese authorities have shown the world once again that political activists will not receive a fair trial.”
