In the biggest case of national security in Hong Kong, 45 ex-lawmakers were sentenced Tuesday to prison terms ranging from four to ten years. The law was imposed by Beijing and crushed an once-thriving prodemocracy group.

The 2020 National Security Law was used to prosecute them for their involvement in an unofficial primaries election. Prosecutors claimed that their goal was to paralyze Hong Kong’s government and force its leader to resign. They did this by trying to gain a majority in the legislature and then using it to block budgets.

The 47 activists arrested in Hong Kong’s largest national security case

A Hong Kong court found 45 out of 47 defendants guilty of conspiracy to subvert the government for participating or organizing an unofficial election for city council in 2020. The majority of defendants were politicians in opposition. Other defendants included a social worker, a businessman and a young generation of prodemocracy activist.

The unofficial primary in July 2020 attracted 610,000 voters. Its winners were expected to proceed to the official elections. The official legislative elections were postponed due to the COVID-19 epidemic.

Benny Tai – the legal scholar who the judges called mastermind – received the maximum sentence of 10 years. Judges said that sentences were reduced for defendants who claimed they did not know the plan was illegal.

The court did not reduce the penalties for Tai or former lawmaker Alvin Yeung, because both were lawyers who “absolutely insisted on the implementation of Scheme.”

The judges stated in the online judgment that Tai “advocated a revolution” through a series articles he published over several months, tracing his thoughts, even though Tai claimed that the steps were never intended to be a blueprint for political action.

In the first half of this year, two defendants from the original 47 were found not guilty. The rest pleaded guilty to subversion or were found guilty. In their verdict, the judges stated that the activists’ plans for a change to be made through an unofficial primary would undermine the authority of the government and create a constitutional crisis.

The judges rejected some defendants’ arguments that the scheme wouldn’t have worked, saying that “all participants had made every effort to make it successful.”

The judges emphasized that much time, money and resources were spent on organizing the primary elections.

The judgment stated that “when the Primary Elections took place on 10 and 11th July, nobody had mentioned that Primary Elections were nothing more than a mere academic exercise and the Scheme was completely unattainable.” The organizers and participants may have obstacles to overcome in order to be successful, but that was to be expected with every subversion case, where attempts were made to overthrow a government or paralyze it.

After they were sentenced, some defendants waved to their relatives.

Gwyneth Ho, a journalist-turned-activist who was jailed for seven years, said “our true crime for Beijing is that we were not content with playing along in manipulated elections” on her Facebook page.

“We dared ask the regime: Is democracy possible in such a system?” She wrote that the answer was “a complete crackdown across all social fronts.”

Chan Po-ying said she was not surprised when she heard that her husband Leung Kwokhung received a six-year-and-nine-month jail sentence. She explained that they were using some of the rights provided by the mini-constitution of the city to press those in power to listen to the people’s will.

This is unjust imprisonment. Chan, who is also the chairman of the League of Social Democrats – one of the last pro-democracy groups in the city – said that they shouldn’t have been kept behind bars for a day.

Emilia Wong said that Ventus Lau’s girlfriend was satisfied with his prison sentence. She said that the sentencing is a “middle stage” in history, and she cannot see the end at this time. However, she has pledged to help Lau the best she can.

Philip Bowring was relieved when the sentences were finally passed.

Observers noted that the trial demonstrated how authorities suppressed opposition following massive anti-government demonstrations in 2019 along with media crackdowns, and decreased public choice during elections. Observers said the drastic changes show how Beijing has failed to keep its promise to maintain civil liberties in the former British colonies for 50 years after it returned to China.

Beijing and Hong Kong governments both insisted that the National Security Law was needed for stability.

Foreign governments and human rights groups have criticised the sentencing.

The U.S. consulate in Hong Kong stated that the U.S. condemned the sentences handed down to 45 former legislators and pro-democracy activists.

The statement stated that “the defendants were aggressively pursued and imprisoned for participating peacefully in normal political activities protected by Hong Kong’s Basic Law,” referring to Hong Kong’s mini constitution.

Lin Jian, spokesperson for the Chinese Foreign Ministry in Beijing, told reporters that no one should use democracy as an excuse to engage illegal activities or escape justice.

In a press briefing, Hong Kong’s Secretary for Security Chris Tang stated that those who commit crimes against national security must be severely punished.

In the subversion case, pro-democracy advocates from all sides of the political spectrum were involved. Tai, Joshua Wong, a former student leader and former legislators are among them. Wong received a sentence of four years, eight months behind bars. Owen Chow, a young activist, was sentenced to seven years and nine months in prison.

The majority of them had already been in detention for over three and a quarter years prior to the sentencing. Separations hurt them and their family members.

In the rain and wind, more than 200 people waited in line for a court seat on Tuesday morning, including Lee Yue Shun, one of the defendants acquitted. Lee Yue-shun said that he hopes the public will show their concern for the court case.

He said that the public’s understanding and interpretation of our society has a profound impact on its future.

Wei Siu -lik, friend of Clarisse Yeung a convicted activist, arrived at 4 am despite her injured leg. She said, “I wanted them to know that there are many people who still come here for them.”

31 of the activists pleaded guilty and were more likely to receive reduced sentences. The law allows for a wide range of sentences based on the severity of the crime and the role of the defendant in it. For example, the lowest sentence is under three years.