More than four years after a Beijing-drafted national security law came into force in Hong Kong, 45 leading democrats finally learned their fate when a mass trial under the legislation ended on November 19. Most had been detained since February 2021.

Another high-profile national security trial, which involves the media mogul Jimmy Lai and six executives and writers from the now-defunct newspaper Apple Daily, saw a significant development when Lai took the stand in mid-November. He has been detained since December 2020.

Elsewhere, the head of the Democratic Party, one of the city’s few remaining opposition entities, reported that members had faced months of harassment.

45 democrats jailed for up to 10 years

Benny Tai and Joshua Wong were among the 45 pro-democracy activists jailed for up to 10 years for conspiracy to commit subversion in a case which focused on an unofficial opposition primary election in July 2020.

Imposing a 10-year sentence on legal scholar Tai, High Court Judges Andrew Chan, Alex Lee and Johnny Chan described him as the “mastermind” behind the conspiracy in their judgement.

The second-longest sentence was meted out to activist Owen Chow, who was given seven years and nine months in jail, to be served separately from a five-year sentence for rioting. The court ruled that Chow’s role as an initiator of an online petition to rally “radical” candidates constituted an aggravating factor.

Wong, who became known around the world for his student activism, was given a one-third discount because he pleaded guilty and was sentenced to four years and eight months in prison.

Former Stand News journalist Gwyneth Ho, who did not submit a mitigation plea, was sentenced to seven years in prison. The lowest sentences were four years and two months.

Family members on November 19 finally learned when they would next see their loved ones without a screen separating them. “We will survive this,” said journalist Philip Bowring, husband of jailed former legislator Claudia Mo.

4 democrats seek to appeal

Four of the 45 democracy campaigners jailed on November 19 have since sought to challenge their convictions and sentences.

The High Court on November 26 received appeal applications from activist Owen Chow, former lawmaker Helena Wong, ex-district councillor Clarisse Yeung and former union leader Winnie Yu.

Reactions to democrats’ jail terms

Speaking to reporters after the sentencing hearing, Secretary for Security Chris Tang said the jail terms handed out reflected the “severity” of the democrats’ offences.

“Regarding the sentences for certain individuals, we will thoroughly study the reasons for sentence before deciding whether to file an appeal to seek longer jail terms,” Tang said in Cantonese.

Lin Jian, a spokesperson for China’s foreign ministry, said Beijing firmly supported Hong Kong’s efforts to safeguard national security.

“Hong Kong is a society governed by the rule of law. It’s a basic principle to obey the law and to be punished over violations of the law,” Lin said. “No one can engage in illegal activities under the banner of democracy.”

The US government, the Australian government, Taiwan’s government and the European Union, among others, strongly criticised the sentences. The US State Department said it was planning new visa restrictions on “multiple Hong Kong officials” responsible for implementing the security law.

Taiwan’s Presidential Office in a statement said “democracy is no crime” and called the sentencing “a serious violation of the Hong Kong people’s pursuit of freedom and democracy.”

Jimmy Lai begins to testify

Hong Kong media mogul Jimmy Lai took the stand for the first time in his national security trial on November 20, testifying that he had never tried to influence overseas governments’ foreign policy on Hong Kong or China.

The 76-year-old Apple Daily founder is accused of two counts of conspiracy to collude with foreign forces under the Beijing-imposed security law, and one count of conspiring to publish “seditious” materials under a colonial-era law. He faces spending the rest of his life in prison if convicted.

On November 21, Lai told the court that he wanted through his newspaper to “explain” the thinking behind protesters’ storming of the legislature in 2019, in order to ensure the protest movement’s survival. He denied that he aimed to incite “hatred” against the Beijing and Hong Kong governments in his personal column.

On November 22, Lai testified that urging other countries to speak up for the city’s pro-democracy movement did not amount to foreign interference.

Lai denied on November 25 that he had instructed Apple Daily staff to urge the West to impose sanctions on Hong Kong.

Several of Lai’s former senior staffers, including ex-Next Digital CEO Cheung Kim-hung and ex-editorial writer Yeung Ching-kee, opted to testify for the prosecution, which can result in more lenient sentences.

Condemnation of ‘foreign interference’

Before Lai took the stand, the Beijing and Hong Kong governments condemned what they called foreign interference in the case.

Chief Executive John Lee on November 12 urged the US not to interfere in Hong Kong’s internal affairs after president-elect Donald Trump said it would be “so easy” to free Lai.

On November 15, Beijing condemned US legislators who expressed support for Lai after leaders of the US Congressional-Executive Commission on China urged Secretary of State Antony Blinken to report on prison conditions in Hong Kong. It urged him to take “additional diplomatic steps” to address reported instances of torture and mistreatment of what it called political prisoners.

On November 12, Beijing condemned the UK for allegedly interfering in the case after the British foreign minister met Lai’s son in London.

Prosecution under Article 23

A 57-year-old man was charged in mid-November under Hong Kong’s homegrown security law, known as Article 23, over “seditious” posts on social media platforms.

He is accused of “knowingly publishing publications that had a seditious intention.”

John Lee ‘proud’ of prosecutors

Hong Kong’s leader John Lee praised the city’s prosecutors on November 28 for what he termed their integrity, professionalism and passion, following US threats of sanctions in response to the jailing of dozens of democrats in a national security case.

Hong Kong’s Department of Justice was “free from any interference,” the chief executive said at the opening ceremony of the 11th Asia and Pacific Regional Conference of the International Association of Prosecutors.

“I take pride in Hong Kong’s excellent prosecutors. Hong Kong will continue to pursue the highest prosecutorial standards,” Lee said.

US calls Hong Kong sanctions evasion hub

The Hong Kong government slammed US lawmakers over claims the city was playing an “increasing role” as a hub for illicit financial activities, calling the allegations “grossly unfounded.”

The comments came after US lawmakers said that since the Beijing-imposed national security law was enacted in 2020, Hong Kong had become a “critical player in the deepening
authoritarian axis of the People’s Republic of China (PRC), Iran, Russia, and North Korea.”

National security guidelines for civil servants

The government in the first half of 2025 will introduce confidential guidelines for all civil servants to safeguard national security, according to security chief Chris Tang.

They will outline how civil servants can safeguard national security in their daily duties. “[The guidelines] must be confidential. If others know about how we remind our colleagues, those endangering national security will try to escape from [being caught],” Tang said.

No remote hearings under proposed bill

Hong Kong national security cases will be barred from being heard remotely under a bill to introduce court proceedings with real-time remote communication link-ups.

Gazetted by the government on Friday, the Courts (Remote Hearing) Bill will also exclude criminal trials and juvenile court proceedings from remote hearings. The first reading of the bill at the Legislative Council (LegCo) has been scheduled for early December.

Harassment of Democratic Party

Members of Hong Kong’s Democratic Party, as well as their families and employers, received harassing messages and letters in the run-up to an internal election, party chair Lo Kin-hei said in mid-November.

Speaking on a Cantonese talk show, Lo said the harassment had continued for months, on and off. “It could be over email, letters, or over WhatsApp,” he said, adding that he, too, had been a target.

“I would describe the situation as similar to that of the Hong Kong Journalists Association earlier,” Lo said, referring to a targeted harassment campaign against HKJA board members and dozens of reporters from at least 13 media outlets.

Arrest and prosecution figures

As of November 1, a total of 304 people had been arrested for “cases involving suspected acts or activities that endanger national security” since Beijing’s national security law came into effect, according to the Security Bureau. The number includes those arrested under Article 23, known officially as the Safeguarding National Security Ordinance.

Of the 176 people and five companies who have so far been charged, 161 people and one company have been convicted or are awaiting sentencing.

Among them, 91 people and four companies have been charged under the national security law, with 76 convicted. Three people have been charged under Article 23, all of whom have been convicted.

“Endangering national security is considered a serious crime and may also involve sensitive activities that pose a threat to national security. As revealing specific arrest figures and information related to these activities could have an impact on operational deployment, no breakdown of the arrest statistics would be disclosed to the public,” the Security Bureau added.

HKFP has reached out the Security Bureau for updated figures.

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