Protesters who participated in the 2019-2020 pro-democracy movement in Hong Kong have faced severe treatment by the criminal justice system, far beyond local and international norms, according to a recent report. The wave of arrests, detentions, and charges following the anti-extradition bill protests placed extreme stress on the criminal justice system, as per the Center for Asian Law of Georgetown University’s Jun Chan, Eric Yan-ho Lai, and Thomas E Kellogg.
In most aspects, the response after 2019 has been notably more punitive than responses to previous social movements, particularly the 2014 umbrella movement. Government statistics up to August 2022 indicate that over 10,000 Hongkongers were arrested in connection with the 2019 protest movement, with nearly 3,000 prosecuted. An analysis of more than 1,500 concluded cases by July 2021 revealed protesters were charged with 100 different offenses, including unlawful assembly, rioting, police obstruction, and police assault. A staggering 80% of convicted individuals received custodial sentences, a stark contrast to the 31% conviction rate for charges related to the umbrella movement. Notably, the most common charge was unlawful assembly, which harks back to a colonial-era ordinance used against peaceful protesters.
The anti-extradition bill protests persisted for over six months, considerably longer than the 2014 umbrella movement. These protests were ultimately quashed in June 2020 with the introduction of a draconian national security law (NSL) that essentially prohibited all forms of dissent, carrying a maximum life sentence. Chinese and Hong Kong authorities defended this law as necessary for restoring stability.
As of September, 280 individuals had been arrested under the NSL, including prominent figures like activist Joshua Wong and former media mogul Jimmy Lai. These cases are tried in separate courts with judges hand-picked by the executive.
However, most individuals caught up in the criminal justice system post-protests faced charges related to ordinary offenses, leading to prolonged periods of pre-trial detention. Between 2019 and 2021, the average waiting time for criminal trials increased by 50%, reaching 287 days, well above the official target of 100 days. This suggests that the court system is struggling under the weight of a significantly increased caseload.
A concerning aspect of these proceedings is the involvement of young defendants. Over 130 of the cases analyzed featured defendants under 18, with a median age of 23. More than 66% of juvenile convictions resulted in custodial sentences, a remarkably high rate of incarceration for children, especially when compared to England and Wales, where only 5% of juvenile convictions in 2021 led to custody.
The landscape of Hong Kong has drastically changed, with open displays of dissent becoming exceedingly rare. The introduction of another Hong Kong national security law, in addition to the one imposed by Beijing in 2020, is a priority for 2024, according to John Lee, the city’s chief executive.
