45 activists jailed in subversion case, with longest term being 10 years

Dozens of activists were sentenced to up to 10 years in prison on Tuesday in Hong Kong’s biggest national security case after they either pleaded guilty to or were convicted of conspiracy to commit subversion over the 2020 Legislative Council elections.

The defendants were prosecuted in 2021 for their roles in an unofficial primary election under the 2020 national security law. They were accused of attempting to paralyze the government and force Chief Executive Carrie Lam Cheng Yuet-ngor to resign by aiming to win a legislative majority and using it to block government budgets indiscriminately.

The 45 convicted received prison terms ranging from four years and two months to 10 years in the subversion case. Legal scholar Benny Tai Yiu-ting, one of the organizers of the poll, was given the longest sentence. 

Four other organizers - former lawmaker Au Nok-hin, ex-district councilors Andrew Chiu Ka-yin and Ben Chung Kam-lun, as well as businessman Gordon Ng Ching-hang - were given jail terms ranging from six years and one month to seven years and three months each.

The 45 either pleaded guilty to or were found guilty of conspiracy to commit subversion by three government-approved judges.

The judges said in the verdict that the activists’ plans to effect change through the election would have undermined the government’s authority and created a constitutional crisis.

More than 200 people stood in line in moderate rain and winds Tuesday morning for a seat in the court, including one of the acquitted defendants Lee Yue-shun. Lee said he hoped members of the public would show they care about the development of the court case. 

“The public's interpretation and understanding has a far-reaching impact on our society's future development,” he said. 

Forty-seven people were initially charged after they were arrested in January 2021, with 31 activists entered a guilty plea and have better chances of getting reduced sentences. Two of the defendants in the case were acquitted in May.

The law authorizes a range of sentences depending on the seriousness of the offense and the defendant’s role in it, going from under three years for the least serious to 10 years to life for people convicted of “grave” offenses.

Sentences of all 45 defendants:
Benny Tai Yiu-ting - 10 years

Owen Chow Ka-shing - 7 years and 9 months
Gordon Ng Ching-hang - 7 years and 3 months
Andrew Chiu Ka-yin - 7 years
Gwyneth Ho Kwai-lam - 7 years

Au Nok-hin - 6 years and 9 months
Lam Cheuk-ting - 6 years and 9 months
Leung Kwok-hung - 6 years and 9 months
Winnie Yu Wai-ming - 6 years and 9 months
Sze Tak-loy - 6 years and 7 months
Kalvin Ho Kai-ming - 6 years and 7 months
Ricky Or Yiu-lam - 6 years and 7 months
Raymond Chan Chi-chuen - 6 years and 6 months
Helena Wong Pik-wan - 6 years and 6 months
Tat Cheng Tat-hung - 6 years and 6 months
Clarisse Yeung Suet-ying - 6 years and 6 months
Michael Pang Cheuk-kei - 6 years and 6 months
Ben Chung Kam-lun - 6 years and 1 month

Ng Kin-wai - 5 years and 7 months
Mike Lam King-nam - 5 years and 2 months
Alvin Yeung Ngok-kiu - 5 years and 1 month

Sam Cheung Ho-sum - 4 years and 11 months
Fergus Leung Fong-wai - 4 years and 11 months
Joshua Wong Chi-fung - 4 years and 8 months
Andrew Wan Siu-kin - 4 years and 8 months
Lester Shum Ngo-fai - 4 years and 6 months
Eddie Chu Hoi-dick - 4 years and 5 months
Wu Chi-wai - 4 years and 5 months
Tam Tak-chi - 4 years and 5 months
Carol Ng Man-yee - 4 years and 5 months
Prince Wong Ji-yuet - 4 years and 5 months
Ventus Lau Wing-hong - 4 years and 5 months
Frankie Fung Tat-chun - 4 years and 5 months
Lau Chak-fung - 4 years and 5 months
Jimmy Sham Tsz-kit - 4 years and 3 months
Tiffany Yuen Ka-wai - 4 years and 3 months
Roy Tam Hoi-pong - 4 years and 3 months
Hendrick Lui Chi-hang - 4 years and 3 months
Wong Pak-yu - 4 years and 3 months
Kinda Li Ka-tat - 4 years and 3 months
Claudia Mo Man-ching - 4 years and 2 months
Jeremy Tam Man-ho - 4 years and 2 months
Gary Fan Kwok-wai - 4 years and 2 months
Kwok Ka-ki - 4 years and 2 months
Andy Chui Chi-kin - 4 years and 2 months

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