Legal experts: Sentencing of subverting case reflects justice and judicial independence in HK

Sentencing for 47 individuals involved in a conspiracy to subvert state power took place at the West Kowloon Magistrates' Court today (Nov. 19). Benny Tai, who proposed the illegal "primary election" plan, was sentenced to 10 years in prison. This case is the first conviction under the Hong Kong National Security Law and the Crimes Ordinance since the law came into effect.

Legal experts in Hong Kong generally view the sentence as reasonable, reflecting justice and societal expectations while demonstrating the territory's full judicial independence. It also serves as a warning to the public not to violate the law and jeopardize national security.

Senior Counsel and Executive Council member Ronny Tong deemed the sentencing reasonable and expected. He emphasized that the sentence respects the spirit of "one country, two systems," noting that the defendants were charged with "conspiracy to subvert state power," a common law offense. Therefore, sentencing should follow common law principles, meaning that the sentencing provisions of the National Security Law and mainland cases are not entirely applicable, though judges can reference them.

He added that the court considered the roles of each defendant in determining different sentences, resulting in similar penalties for accomplices and some defendants who did not plead guilty. He stated that the process from trial to sentencing exemplifies Hong Kong's full judicial independence.

Lawrence Ma, a barrister and initiator of the Hong Kong Coalition, specifically mentioned the four Democratic Party defendants, questioning how their actions aligned with the party's charter, which clearly states that "Hong Kong is an inseparable part of China, and we support Hong Kong's return to China." He raised concerns about whether the party's behavior contradicted its charter and whether it could be considered a subversive organization. Simon called for further investigation into the Democratic Party's potential subversive activities and whether their operations were consistent with their stated principles.

Legislative Council member and vice-chairman of the Democratic Alliance for the Betterment and Progress of Hong Kong, Holden Chow, welcomed the court's ruling as a reflection of justice. He criticized Benny Tai and others for planning and executing what he termed the "35+ chaos plan," labeling it a serious crime threatening national security. He believes that the sentences for those convicted of subversion are appropriate and convey a clear message that one must not test the law or endanger national security. Cheung stated that the Hong Kong courts act according to the law and deliver fair judgments, highlighting the importance of safeguarding national security and public understanding of the National Security Law's role in maintaining stability.

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