Former district councillor and street dancer Lee Yue-shun is one of only two people to have walked away from a national security law trial.
On Tuesday, 45 of his co-defendants were handed prison terms of up to 10 years for subversion.
It is Hong Kong's largest prosecution under its 2020 security law, imposed by Beijing after huge, sometimes violent pro-democracy protests the year before.
"I find the situation (of being acquitted) quite hard to understand," Lee told AFP in a series of interviews ahead of the sentencing.
"I think (the acquittal) gave me more responsibility -- how can I make better use of the freedom I have not lost," the 31-year-old added.
On Tuesday, Lee arrived outside court at 4 am (2000 GMT) to try and get a public seat.
"I come here today mainly (out of) a duty to show my concern for this important court case as a citizen," he told AFP.
"I also want more people to notice the development and the conclusion of the case."
- 'Intention to subvert' -
The 47 were charged after holding an unofficial election primary in July 2020, in a bid to make a shortlist aimed at gaining a pro-democracy majority in the legislature.
If victorious, they planned to force the government to meet the 2019 protesters' demands -- including universal suffrage -- by threatening vetoes of the city budget.
Judges ruled they would have created "a constitutional crisis", and 45 were convicted of subversion.
But Lee and another defendant, veteran lawyer Lawrence Lau, were acquitted.
Judges said they could not be sure Lee "was a party to the Scheme" nor that he "had the intention to subvert".
Until the duo's release in May, national security cases prosecuted under the 2020 law had a 100 percent conviction rate.
While Hong Kong's legislature has been purged of opposition and scores of civil society groups have shuttered since the law's passage, authorities maintain it restored order and stability after months of unrest.
"We have lost a lot of freedoms... All I can say is that the acquittal means I lost one less," Lee said.
- Social justice vision -
Lee jokingly referred to himself as "a loser" -- he struggled at school and failed to get into university first time round.
"But Hong Kong gave me a vision," he said, and he decided to pursue a career as a social worker.
He first dipped his toes into politics as a student, working as a campaign helper for a pro-democracy party.
Lee soon caught the party's eye as a candidate to attract young voters, and ran for district council at the height of the 2019 protests.
He was put forward in the election primary almost at the last minute.
He lost, but at dawn on January 6, 2021, was woken up by banging on his door.
It was the national security police.
"I couldn't make sense of it at that time. I asked if many people were arrested. They said yes," Lee recalled.
- 'Come what may' -
Lee was luckier than the others -- he was granted bail after two weeks, whereas most of the 47 have been detained since that day.
Even so, stringent bail conditions kept him "trapped" in Hong Kong for nearly 1,200 days.
His passport was seized, and he was banned from speaking publicly in any way deemed to endanger national security.
"Over these three years -- which I would describe as a test -- I had been emphasising this: I would not let my life be destroyed," Lee said.
"Until the last moment before the ruling, I had been thinking: 'Come what may, there are still things I want to carry on'."
Lee threw himself into street dance and boxing, and appeared at every trial day in carefully coordinated outfits.
He also completed a law programme, with his final thesis analysing the conspiracy charge in common law -- using his own case as an example.
Two weeks after his acquittal, Lee retrieved his passport from the court, and in early July, he renewed his social worker licence.
"I will now make more active and better use of this basic right (of movement) to further develop myself... to encourage more and different people here," he said.
Australia says 'gravely concerned' by sentencing of citizen in Hong Kong
Sydney (AFP) Nov 19, 2024 -
Australia said it was "gravely concerned" by Tuesday's sentencing of 45 pro-democracy activists under Hong Kong's restrictive national security law, including Australian citizen Gordon Ng.
"Australia has expressed our strong objections to the Chinese and Hong Kong authorities on the continuing broad application of national security legislation," Foreign Minister Penny Wong said.
"We call for China to cease suppression of freedoms of expression, assembly, media and civil society," Wong said, calling for "the repeal of the National Security Law in Hong Kong."
Hong Kong authorities, backed by Beijing, have sought to crush dissent in the once-British city-state after massive, sometimes violent pro-democracy protests.
"This is a deeply difficult time for Mr Ng, his family and supporters," said Wong, vowing to continue advocating for Ng's "best interests".
Ng was among five people singled out as organisers of the informal election primary that led to the subversion charges. He and pro-democracy politicians Au Nok-hin, Andrew Chui and Ben Chung received sentences of up to seven years three months.
Benny Tai, identified as the plan's mastermind, received a 10-year sentence.
Hong Kong: a turbulent road since handover
Hong Kong (AFP) Nov 19, 2024 -
Hong Kong has endured a turbulent history since being handed over from Britain to China 27 years ago.
Here are some key dates:
- 1997: Handover -
On July 1, at midnight, Hong Kong is returned to Chinese sovereignty after 156 years of British rule.
The tiny territory has its own mini-constitution that governs its autonomy as a Special Administrative Region within China.
Beijing promises a "One Country, Two Systems" approach to the territory, meaning it will maintain freedoms not available to mainland Chinese.
The city is governed by a chief executive, chosen by a Beijing-controlled committee. Laws are passed by a legislative council, of which a minority of members are democratically elected.
- Financial, then health crisis -
In October, just months after the handover, the Asian financial crisis grips Hong Kong, plunging the banking hub into economic slowdown.
Five years later, the pneumonia-like Severe Acute Respiratory Syndrome (SARS) virus kills 299 people in Hong Kong and 1,800 worldwide, devastating Asian economies.
- 2003: China steps in, national security bill -
Beijing seeks to relaunch Hong Kong's economy, moving in 2003 to gradually lift customs barriers on Hong Kong products exported to the mainland. Travel restrictions on Chinese from the mainland are eased, boosting tourism numbers.
In July, an unprecedented half a million of Hong Kong's seven million people march against an unpopular national security bill, which they see as an attempt by Beijing to restrict their freedoms.
The bill is subsequently dropped -- a rare government climbdown.
- 2004: Calls for more democracy -
In January, 100,000 people march through the city calling for more democracy, bringing to a head a simmering row over the constitution's lack of clarity on electing lawmakers. In April, China rules out a swift change.
- 2007: Universal suffrage promised -
Beijing schedules for 2017 the first democratic election of the chief executive, and for 2020 elections to the legislative council. The promises disappoint pro-democracy demonstrators demanding universal suffrage from 2012.
- 2014: Umbrella Movement -
Beijing proposes a limited version of universal suffrage meaning Hong Kongers will be able to choose from a small group of Beijing-vetted candidates.
The announcement sparks a 79-day occupation of major thoroughfares known as the "Umbrella Movement". The protesters secure no concessions from Beijing, prompting a minority of protesters in subsequent years to harden their positions, including advocating Hong Kong's independence.
- 2019: Massive protests -
The Hong Kong government tries to fast-track a bill allowing extraditions to China's Communist Party-controlled courts, sparking the biggest protests since the handover.
Millions take to the streets during seven months of unrest while a smaller section of hardcore protesters frequently battle police in often violent confrontations that see thousands arrested.
The movement soon morphs into a new call for democracy and police accountability, but is eventually suppressed.
- 2020: Covid-19 -
In January, Hong Kong is one of the first places affected by the coronavirus epidemic.
The executive takes drastic measures, including a ban on public gatherings, effectively ending the pro-democracy demonstrations.
- 2020: National Security Law -
In June, Beijing passes a national security law for Hong Kong, bypassing the local legislature.
China's security agencies will be able to operate publicly in the city for the first time.
Beijing will have jurisdiction over some cases, toppling the legal firewall that has existed between Hong Kong and mainland courts.
Calls for independence or greater autonomy are banned.
The move sees most pro-democracy leaders either jailed, giving up politics or fleeing abroad.
Several countries say the law has ended the principle of the "One Country, Two Systems" approach, which was supposed to be in place until 2047.
- 2021: Electoral reform -
In March, China approves a radical "patriots only" reform of the electoral system, which completely sidelines the opposition.
Under new rules, only those deemed politically loyal can stand for office, and the number of directly elected seats is slashed.
- 2022: Xi visits -
Chinese leader Xi Jinping visits Hong Kong for the 25th anniversary of the handover, the halfway point of the 50-year transitionary governance model.
He praises the "One Country, Two Systems" model, saying there is "no reason at all to change and it must be upheld in the long run".
Hong Kong's former security chief John Lee, who oversaw the clampdown on the pro-democracy movement, is sworn in as the city's new leader following a selection process where he faces no rivals.
- 2024: Homegrown security law -
In March, Hong Kong passes an additional, homegrown national security law, which city leader Lee said fulfilled "a constitutional responsibility that is overdue for 26 years".
The law -- which stems from a requirement under Hong Kong's Basic Law Article 23 -- punishes five major categories of crimes, including treason, insurrection, espionage, sabotage and foreign interference, with penalties up to life in prison.
In November, the city's largest trial under the 2020 national security law comes to a close after a years-long process.
Forty-five democracy campaigners from across Hong Kong's once-diverse political spectrum are jailed for subversion, with chief organiser Benny Tai receiving a 10-year sentence.
Related Links
Democracy in the 21st century at TerraDaily.com
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