BANGKOK, Thailand (20 November 2024) – The Asian Forum for Human Rights and Development (FORUM-ASIA) strongly condemns the conviction of 45 pro-democracy activists in Hong Kong under the China-imposed national security law (NSL).
We demand the immediate overturn of the convictions and the unconditional release of the activists who were simply exercising their right to engage in legal and peaceful political activities.
On 19 November 2024, 45 pro-democracy activists–including lawmakers, scholars, unionists, and journalists–were sentenced to prison terms ranging from four years and two months up to 10 years for alleged “conspiracy to subvert state power.”
Among them are Benny Tai–accused as the conspiracy “mastermind”–and activist Joshua Wong. Tai is sentenced to 10 years in prison and Wong to four years and eight months.
These sentences are part of a broader and intensified crackdown on pro-democracy defenders in Hong Kong since the NSL was passed in 2020 in response to widespread protests. The NSL criminalizes acts of secession, subversion, terrorism, and foreign collusion. It grants authorities sweeping powers to surveil, detain, and search individuals, requiring internet providers to block or remove content deemed unlawful.
“This mass judicial repression is a clear attack on dissent, which further shrinks Hong Kong’s already fragile democracy.” said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA.
Biggest ‘National Security’ Case
The sentenced activists were among a group of 47 Hong Kong pro-democracy figures arrested in January 2021 for organizing an unofficial primary election in July 2020.
The aim of the primary was to select candidates for the legislative council election, which the activists hoped would help them secure a majority to influence the Hong Kong Government’s policies. However, authorities viewed this as an attempt to paralyze government operations and subvert state power, labeling it a threat to national security.
In May 2024, 14 of the activists were found guilty of conspiracy to commit subversion under the NSL. On 19 November, the remaining 31 were handed prison sentences, while two were acquitted. Some of the sentenced activists were already serving time or had previously been jailed for protest activities.
Repressive laws
In March 2024, authorities further expanded the legal framework of the NSL by enacting Article 23 of Hong Kong’s Basic Law.
Serving as a separate national security legislation, Article 23 expands the Hong Kong Government’s power to combat perceived national security threats. It goes beyond existing provisions to include treason, sedition, and handling of state secrets, allowing for the prosecution of cases behind closed doors.
Since 1 July 2020, the NSL and Article 23 have been used to suppress dissent, leading to the arrest of 296 individuals, with 158 charges and 77 convictions.
All these have created a climate of fear, silencing human rights defenders and the public in general, further eroding Hong Kong’s autonomy and fundamental freedoms.
The United Nations High Commissioner for Human Rights, UN expert bodies, human rights groups, and the international community have all repeatedly called for the repeal of the national security law. Together, they have condemned the law’s broad and vague provisions as well as its non-compliance with international human rights standards and its criminalization of fundamental freedoms.
Call to action
“This sentencing demonstrates a clear political motivation and highlights the systematic use of the national security law to censor free speech, stifle dissent, and criminalize political opposition,” said Bacalso.
“This undermines Hong Kong’s judicial independence and civic space, blatantly disregarding fair trial standards and the rule of law,” Bacalso added.
FORUM-ASIA urges Hong Kong authorities to end its crackdown on activists, the media, and civil society.
The NSL should be repealed as recommended by the UN Human Rights Committee of the International Covenant on Civil and Political Rights.
We are in solidarity with the people of Hong Kong. Together, let us urge the international community to closely monitor these cases and to call for the full restoration of democracy in Hong Kong.
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About FORUM-ASIA:
The Asian Forum for Human Rights and Development (FORUM-ASIA) is a network of 85 member organisations across 23 countries, mainly in Asia. Founded in 1991, FORUM-ASIA works to strengthen movements for human rights and sustainable development through research, advocacy, capacity development and solidarity actions in Asia and beyond. It has consultative status with the United Nations Economic and Social Council, and consultative relationship with the ASEAN Intergovernmental Commission on Human Rights. The FORUM-ASIA Secretariat is based in Bangkok, with offices in Jakarta, Geneva and Kathmandu. www.forum-asia.org
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- Communication and Media Programme, FORUM-ASIA, communication@forum-asia.org
This post was originally published on FORUM-ASIA.