Outcry as Hong Kong democracy leaders jailed

Hong Kong activist Joshua Wong, right, and Nathan Law, left, student leaders of huge pro-democracy protests in 2014 were found guilty of leading or encouraging an illegal rally in September 2014. Picture: Vincent Yu/AP

Hong Kong activist Joshua Wong, right, and Nathan Law, left, student leaders of huge pro-democracy protests in 2014 were found guilty of leading or encouraging an illegal rally in September 2014. Picture: Vincent Yu/AP

Published Aug 17, 2017

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Hong Kong - A Hong Kong appeals court

jailed three leaders of the Chinese-ruled city's democracy

movement for six to eight months on Thursday, dealing a blow to

the youth-led push for universal suffrage and prompting

accusations of political interference.

Joshua Wong, 20, Alex Chow, 26, and Nathan Law, 24, were

sentenced last year to non-jail terms including community

service for unlawful assembly, but the Department of Justice in

the former British colony applied for a review, seeking

imprisonment.

Wong was jailed for six months, Chow for seven months and

Law for eight months. Law had been the city's youngest ever

democratically elected legislator before he was stripped last

month of his seat by a government-led lawsuit.

The three appeared stern but calm as their sentences were

delivered by a panel of three judges. A lawyer involved in the

case, Jonathan Man, said they would appeal.

The jail terms disqualify them from running for the

financial hub's legislature for the next five years.

The bespectacled Wong, who was 17 when he became the face of

the student-led democracy movement, punched his fist in the air

as he left the court room and shouted: "Hong Kong people don't

give up."

Minutes earlier he Tweeted: "They can silence protests,

remove us from the legislature and lock us up. But they will not

win the hearts and minds of Hongkongers."

Chow waved at his parents as he left the court. His mother

broke down in tears.

About 100 supporters later swarmed the prison vans taking

the three away from court, shouting "shame on political

prosecution" and waving yellow umbrellas, a symbol of the city's

pro-democracy movement, a Reuters witness said. At least one

person was taken away by police.

The three judges in Hong Kong's second highest court, the

court of appeal, wrote in their judgment that the three could

not say they were jailed for exercising freedom of assembly in a

city where many democrats see a gradual erosion of freedoms

promised in 1997 when Britain handed the territory back to

China.

"In recent years, there's been an unhealthy trend in Hong

Kong society. Some people use the pursuit of ideals ... as an

excuse to take illegal action," Judge Wally Yeung wrote.

"This case is a prime example of the aforementioned

unhealthy trend."

RUBIO SLAMS "SHAMEFUL" JAIL TERMS

Hong Kong, which has been governed under a "one country, two

systems" formula since 1997, allowing freedoms not enjoyed on

the mainland, was rocked by nearly three months of mostly

peaceful street occupations in late 2014, demanding Beijing

grant the city full democracy.

The so-called Umbrella Movement civil disobedience movement,

which drew hundreds of thousands of protesters at its peak, was

triggered by Wong and his colleagues climbing into a courtyard

fronting the city's government headquarters.

They were later charged with participating in and inciting

an unlawful assembly.

Under the "two systems" formula, Hong Kong enjoys a free

judiciary, unlike on the mainland where the Communist Party

controls the courts which rarely challenge its decisions.

US Senator and one-time presidential hopeful Marco Rubio,

who heads the Congressional-Executive Commission on China, said

in a statement the "shameful" resentencing showed that "Hong

Kong's cherished autonomy is precipitously eroding".

"Beijing’s heavy hand is on display for all to see as they

attempt to crush the next generation of Hong Kong's

pro-democracy movement and undermine the 'one country, two

systems' arrangement," Rubio said.

"Joshua Wong, Nathan Law, Alex Chow, and other Umbrella

Movement protesters are pro-democracy champions worthy of

admiration, not criminals deserving jail time."

International human rights organizations also slammed the

jail terms.

"From the initial choice to prosecute these young democrats

through to today's hearing, these cases have been shot through

by politics, not law," China director at Human Rights Watch,

Sophie Richardson, said in a statement.

"That Hong Kong's courts increasingly appear to operate as

mainland courts do is clear evidence that 'one country, two

systems' is on the ropes - with ominous consequences for all,"

Amnesty International added its voice.

"The relentless and vindictive pursuit of student leaders

using vague charges smacks of political payback by the

authorities," said Mabel Au, Director of Amnesty International

Hong Kong.

The Department of Justice said in a statement it respected

the court's decision.

DISSENTING VIEWS

A senior government source who declined to be identified due

to the sensitivity of the matter said Hong Kong's top

prosecutors had initially "not recommended pursuing" the case

further" after the non-jail terms were handed down.

But Hong Kong's Secretary of Justice, Rimsky Yuen, overruled

them and insisted on re-opening Wong's case, a decision that

ultimately led to their imprisonment, the source said.

In response to emailed questions from Reuters to Yuen

seeking clarification, a spokesman for the Department of Justice

said it "does not comment on internal discussions regarding

individual cases".

"However, the DoJ (Department of Justice) reiterates that

all decisions were made in accordance with the Prosecution Code,

the applicable law and relevant evidence."

The DoJ said in an earlier statement there was "absolutely

no basis to imply any political motive".

In recent months, dozens of protesters, mostly young people,

have been jailed for their roles in various protests, including

a violent demonstration that the government called a riot in

early 2016.

Wong told Reuters on Wednesday that Hong Kong's democratic

movement was facing its "darkest era" and that he'd lost

confidence in the city's independent legal system, long

considered one of the best in Asia.

Just before sentencing, Wong told over a hundred supporters

who thronged into the court lobby, some weeping, that he had no

regrets.

"I hope Hong Kong people won't give up," he said. "Victory

is ours. When we are released next year I hope we can see a Hong

Kong that is full of hope. I want to see Hong Kong people not

giving up. This is my last wish before I go to jail."

Reuters

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