“Illegal primaries” mastermind in Hong Kong gets 10 years in prison

Former law scholar Benny Tai Yiu-ting was among 47 defendants who were charged with violating the National Security Law for Hong Kong for their roles in the unofficial poll orchestrated by the opposition camp in 2020 to win a majority in the Legislative Council election.

William Xu and Wu Kunling

William Xu and Wu Kunling

China Daily

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A Correctional Services Department vehicle arrives at the West Kowloon Law Courts Building in Hong Kong on Nov 19, 2024, ahead of the sentencing of 45 people convicted of the offense of conspiracy to commit subversion under the National Security Law for their involvement in a so-called “primary election” held in July 2020. PHOTO: CHINA DAILY

November 20, 2024

HONG KONG – A Hong Kong court on Tuesday sentenced former law scholar Benny Tai Yiu-ting, the mastermind behind the illegal “primary election” in 2020, to 10 years in prison for conspiracy to subvert State power. The others who were convicted received prison terms ranging up to 7 years and nine months.

Tai was among 47 defendants who were charged with violating the National Security Law for Hong Kong for their roles in the unofficial poll orchestrated by the opposition camp to win a majority in the Legislative Council election, with the goal of eventually paralyzing the Hong Kong Special Administrative Region government.

In an 82-page judgment, the High Court identified 41 defendants as “active participants”.

Owen Chow Ka-shing, another leader of the “primary”, was sentenced to 7 years and nine months’ imprisonment.

Gwyneth Ho Kwai-lam and ex-district councilor Andrew Chiu Ka-yin were each jailed for 7 years.

Au Nok-hin, a former legislator who later became a prosecution witness, was sentenced to 6 years and nine months in prison. Joshua Wong Chi-fung, a prominent activist, was sentenced to 56 months in prison.

Other defendants face at least 50 months’ imprisonment.

The high-profile case drew long queues of residents and media outside the West Kowloon Law Courts Building on Tung Chau Street, despite the rain on Tuesday morning. Some residents lined up the night before in order to secure a seat in the public gallery.

Police officers and courthouse staff were at the scene to maintain order. The courtroom’s public gallery filled up quickly. A total of 400 seats were set aside for the public, with live-streaming made available in overflow rooms.

The 47, who include former lawmakers, politicians and ex-social workers, were accused of conspiring to subvert State power. This charge stemmed from their involvement in an unofficial Legislative Council election — or the so-called “primary election” in 2020 — to win a majority in the city’s legislature and thereby paralyze the government by using its veto power to vote down all the government’s proposals.

READ MORE: HK: 14 convicted in subversion trial related to illegal ‘primary election’

The court was told in earlier hearings that if the democrats had secured a majority in the then 70-seat chamber, their intention was to “indiscriminately” reject bills, including the yearly budget, with the ultimate goal of compelling the chief executive to step down and leading to a shutdown of government operations. Three judges specializing in national security matters determined that these actions would have precipitated a “constitutional crisis” in Hong Kong.

During the 118-day trial that spanned 16 months, 31 defendants, including Tai, the unofficial poll’s initiator, and three organizers, pleaded guilty to the charges. Subsequently, the remaining 14 individuals were convicted in May of this year, while two were acquitted.

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