In Hong Kong, 45 people were collectively sentenced to 245-½ in prison for the "crime of democracy." Will the city survive and where does it go from here?
Hong Kong democracy sentencing 45

Strict security was in place around the courthouse. November 19, Hong Kong (©Sankei by Kinya Fujimoto)

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When was the last time I waited in line all night? That thought came to mind as I was sitting on a folding chair outside a courthouse in the Kowloon district of Hong Kong on the evening of November 17. There I was hunched over against the cold, which was unusual for the city's subtropical climate.

For some reason, I recalled with wonder that it had already been 39 years since the game at Jingu Stadium in Tokyo on October 16, 1985, in which the Hanshin Tigers beat the Yakult Swallows to clinch their first Central League championship in 21 years. I was a university student at that time who had never even given a thought to democracy

Two days later, this same Hong Kong court court handed down harsh sentences to 45 pro-democracy activists it had found guilty of violating Hong Kong's national security law.

Requesting a Ticket to Attend the Court Session

The defendants were accused of crimes including participating in a primary election held by the pro-democracy camp in July 2020. That election was to coordinate the slate of candidates who would run for Legislative Council seats in an election held two months later.

The motive of the pro-democracy forces was simple. They simply wanted to secure a majority of seats in the Legislative Council to exert pressure on the government. However, in today's Hong Kong, the influence of the Chinese Communist Party (CCP) is steadily growing. 

Elections and parliamentary activities, which form the foundation of democracy, are considered acts of subversion. And the focus of the once independent courts has turned to sentencing those individuals judged guilty of having committed "crimes of democracy."

In Hong Kong, seats for members of the public who wish to observe court proceedings are determined by lottery. It is a system of first come, first serve. There were many defendants on this occasion, which meant that many of the observer seats were reserved for their family members. Hong Kong residents began lining up early to try to get tickets for the few remaining general seating spots. I had just arrived in Hong Kong, but when I heard that I dropped everything else and made a mad rush for the courthouse.

Lining Up For or Against Democracy

I didn't join the line solely to try to secure an observer's ticket. In today's Hong Kong, even attending a pro-democracy trial takes courage. Admittedly, I was also interested in seeing the people who would dare to attend the hearing.

There were more than 20 middle-aged women sitting there together in the queue. They were not trying to observe the court session themselves. Rather these individuals were out to make money by waiting in line to get a hold of observer tickets they would then hand over to pro-China supporters for money. The goal of government supporters was to do whatever they could to prevent pro-democracy people from observing the court session. 

However, the three women in their 50s and 60s who were waiting in line directly in front of me were pro-democracy supporters. They frequently attended trials of pro-democracy activists to offer encouragement to the defendants. Apparently, they sometimes passed on their tickets to representatives of foreign consulates. 

They told me: "We want people to know the real situation in Hong Kong. But we don't get compensated for doing this!"

Victims of arrest under Chinas next civil break.
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Fear and Smiling Faces 

The number of people waiting in line suddenly increased on the third day November 19. That morning the sentences were to be handed down. Although it was a weekday, just as soon as the subways and buses started running in the early morning, citizens started showing up one after another.

The expression on one woman's face brightened as she caught sight of the line in front of the courthouse. But then she immediately burst into tears and covered her mouth with her hands.

I arrived at the court building feeling anxious and a bit scared. But I became overwhelmed with emotion upon seeing so many people gathered there. It was evident that they had not forgotten about Hong Kong's pro-democracy movement or the people who had participated in it. 

That is also the way it had been at the time of the primary election. The authorities warned that participation was a "suspected violation of the National Security Law." Despite that, 610,000 Hongkongers had lined up to cast their vote.

I clearly remember one woman in her thirties at a polling place who angrily blurted out: "If voting is a crime, then arrest everyone who votes!"

Standing Up for the Forty-five

In the end, more than 500 people packed the courthouse. But only five seats were set aside for observers from the general public. Most of the rest of the observers watched the sentencing on monitors in a separate courtroom.

"It doesn't matter if we can't enter the courtroom. Our presence as observers will still  be a source of support for the 45 people [being sentenced]."

These words from a democracy activist likely represented the common sentiment of the citizens who flocked to the court on November 19.

A surveillance camera is silhouetted behind a Chinese national flag in Beijing, China, November 3, 2022. (© REUTERS/Thomas Peter/File Photo)

Punishments Handed Down

The court sentenced the 45 democracy activists to prison terms ranging from four years and two months to ten years. After the court adjourned, family members and friends of the defendants poured out of the court building.

I saw one woman whose eyes were red from crying, with reporters in hot pursuit. 

There were men standing around on the periphery vigilantly watching everything going on. They were obviously plain-clothes policemen. You could tell by the steely look in their eyes. Over there…and here too. There were so many that I gave up trying to count them all. 

I was being tailed too. It was no different from what goes on in China proper. 

I spotted a democracy activist I knew who said, "Today's ruling is a sentence against 610,000 citizens who voted in the primary election and is an act of oppression against the citizens of Hong Kong."

The combined sentences of the 45 democracy movement activists amount to 2,946 months in prison. In other words, these 45 people were collectively sentenced to 245 and a half years in prison for having committed the "crime of democracy." 

Or as my activist friend might put it, every Hongkonger who voted in the primary election received a sentence of three hours. Yes, that's right. Hong Kong today is a place where you can be incarcerated for three hours just for voting.

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Author: Kinya Fujimoto, The Sankei Shimbun

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