Beijing Jails 45 Hong Kong Democrats for Organizing a Primary Election

Beijing Jails 45 Hong Kong Democrats for Organizing a Primary Election

Hong Kong Democracy Movement ()

The harshest NSL sentences yet punish opposition figures whose only offense was trying to win seats in a legislature

Prison for Participating in Democracy

On November 19, 2024, a Hong Kong court handed down sweeping prison sentences to 45 prominent pro-democracy figures, punishing them for their role in organizing or participating in an informal primary election held in 2020. The defendants, who included lawyers, academics, social workers, district councilors and longtime democracy activists, had organized the primary to maximize pro-democracy representation in the Legislative Council. For this act – for the attempt to win elections democratically – they received prison terms ranging from 4 years and 2 months to 10 years. It was the single largest political prosecution in Hong Kong’s history, and it represents the most explicit proof yet that Beijing has criminalized democracy itself.

What the Primary Actually Was

In July 2020, more than 600,000 Hong Kong residents voted in an unofficial primary organized by the pro-democracy camp to coordinate their candidates ahead of the September legislative elections. The aim was straightforward: by choosing the strongest candidates in advance, the opposition hoped to win a majority in the Legislative Council and use it to block the government’s budget – a legitimate constitutional mechanism available to legislators. The primary was public, peaceful and conducted with the full knowledge of Hong Kong authorities. Beijing declared it a conspiracy to commit subversion.

The Charges and the Verdict

The 47 defendants – two of whom pleaded not guilty and were acquitted on some charges, leaving 45 convicted – were found guilty of “conspiracy to commit subversion” under Article 22 of the National Security Law. Three judges hand-picked by Hong Kong’s Beijing-appointed chief executive delivered the verdicts. The court ruled that the plan to use the legislature’s budgetary veto powers constituted an attempt to “paralyze” the Hong Kong government and therefore subvert state power. Maya Wang, associate China director at Human Rights Watch, stated bluntly: “It is now a crime carrying up to 10 years in prison to try and run in and win an election in Hong Kong.”

Who Was Sentenced

Among those sentenced were lawyers, university lecturers, social workers, a former television host, sitting district councilors and veteran legislators who had spent decades advocating peacefully for democratic reform. The harshest sentences – nine and ten years – were reserved for the organizers. Some defendants had been held in pre-trial detention for over three years before the verdicts were delivered. Many had their passports confiscated and their professional careers destroyed before a court had made any finding against them.

A Justice System Hollowed Out

The integrity of the proceedings was questioned from the outset. The presiding judges were appointed specifically for national security cases by the chief executive – a process that critics say removes judicial independence entirely. The Amnesty International analysis of Hong Kong’s security laws concluded that the prosecution of individuals for exercising their right to participate in elections is incompatible with Hong Kong’s obligations under the International Covenant on Civil and Political Rights, which is incorporated into the city’s legal framework through the Basic Law and the Bill of Rights Ordinance. Foreign judges on Hong Kong’s Court of Final Appeal have stepped down in protest at the deteriorating rule of law. As their numbers decline, the proportion of remanded prisoners in Hong Kong’s jails has reached a new high of 40.2 percent – meaning more than four in ten prisoners have not yet been convicted of anything.

The Electoral System Reengineered

The prosecutions did not occur in a vacuum. They were accompanied by sweeping electoral reforms imposed by Beijing in 2021 that restructured Hong Kong’s Legislative Council to guarantee a pro-Beijing majority regardless of public sentiment. Under the new rules, candidates must be vetted and approved as “patriots” before they can stand for election. The number of directly elected seats was cut from 35 to 20 out of 90 total. The 2025 legislative elections took place under these conditions, with the result that all but a tiny fraction of seats were held by pro-Beijing figures. The opposition primary that landed 45 people in prison was held before these reforms. Under the new rules, such a primary would be impossible even to organize.

No One Left to Vote For

Former legislator Emily Lau has said that Hong Kong residents may feel they no longer have a “genuine choice” of candidates. That is a diplomatic understatement. In a legislature where every candidate has been pre-approved by the Communist Party, the concept of electoral choice is cosmetic. Beijing has not abolished elections. It has simply ensured that elections can no longer produce an outcome it does not control.

Global Response and the Sanctions Gap

Governments and human rights organizations worldwide condemned the sentences. The US State Department has consistently documented Hong Kong’s deteriorating human rights record in its annual Hong Kong Policy Act Reports to Congress. The United States has imposed sanctions on Chinese and Hong Kong officials responsible for abuses under the National Security Law. But Australia, the United Kingdom and the European Union – each of which maintains human rights sanctions regimes – have not followed suit. Human Rights Watch has called on all three to impose targeted sanctions on the officials most responsible for serious rights violations. The absence of meaningful consequences from democratic governments has emboldened Beijing to continue and deepen its repression.

What This Means for Hong Kong’s Future

The prosecution and imprisonment of 45 people for organizing a primary election is a message written in years of human life. It tells every Hong Konger that political participation – even within the rules that existed at the time – carries criminal risk. It tells the next generation that ambition for democratic governance is dangerous. And it tells the world that Beijing’s “one country, two systems” promise was not a commitment but a tactic, discarded the moment it became inconvenient.

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