You can lock up our bodies, but not our minds: Jailed Hong Kong activists

Nearly three years after mass pro-democracy demonstrations rocked the city of Hong Kong, 16 young activists were convicted on August 16 of unlawful assembly for their participation in two separate protests challenging the government.

Though the activists were originally convicted and sentenced to community service and suspended jail time, the Department of Justice later filed a re-sentencing appeal, arguing that the original sentences for the activists were “too light”. This week, Hong Kong's Court of Appeal ruled in their favor.

Many within Hong Kong's pro-democracy civic sector see the ruling as a politically motivated move that pushes the city towards a judicial culture that errs on the side of power over rights.

The first case involves 13 defendants including League of Social Democrats (LSD) Vice-Chairman Raphael Wong, Land Justice League convener Willis Ho, and activist Billy Chiu who in 2014 demonstrated to stop the government’s funding request of HK$340 million (approximately US$43.5 million) to develop the northeast New Territories in 2014. Opponents feared the development plan would fail to protect residents and the environment, and argued that the policy-making process surrounding the development was undemocratic.

Some in the group protested outside the Hong Kong Legislative Council, while others attempted to enter the legislature building. All were found guilty of unlawful assembly in 2015 and have already served between 80 and 150 community service hours.

On August 15, the Court of Appeal sentenced 12 of the defendants to 13 months in prison and one to eight months.

Activists against Northeast New Territories development. Via inmediahk.net

The second case involves Joshua Wong, Nathan Law and Alex Chow, three young activists who played a central role in the 2014 pro-democracy protests. Dubbed the Umbrella Movement, the massive sit-in demanding that the people be allowed to nominate candidates for Hong Kong's top leader lasted for three months.

The trio were convicted of unlawful assembly in July 2016. Wong was sentenced to 80 hours of community service, Law received 120 hours, and Chow received a three-week suspended jail sentence.

On August 17, the Court of Appeal re-sentenced Wong to six months behind bars, Law to eight months, and Chow to seven months.

According to Hong Kong's constitution, called the Basic Law, any individual who received a prison sentence for more than three months is to be deprived of the right to run in legislature and district council elections for five years. The activists will appeal the sentences.

‘You can lock up our bodies, but not our minds!’

In statements on social media, the activists vowed that they would not be intimidated and urged Hong Kong people not to give up.

Willis Ho, one of the activists who challenged the Northeast New Territories development plan, wrote before she was sentenced to 13 month in prison:

I have to admit, I see darkness and despair in our society. I don’t want to spread negative energy but in despair I can see light resisting against the darkness. The light is weak but it exists. I could only see on television the result of the court's decision: my boyfriend and fellow protesters on television in jail. Such a “setback” will make us stronger. We will support and be there for each other. We know that there are people who are with us making changes in different positions.

The decision to plead not guilty and the refusal to express regret over my action is a steadfast statement that the sentence cannot change, it cannot change our belief and make me feel regret.

Willis Ho.