On 17 August 2017, three Hong Kong pro-democracy activists, Alex Chow, Nathan Law and Joshua Wong, were given prison sentences by the Court of Appeal for their roles in a protest at the Civic Square in front of the Central Government Complex in Tamar, Admiralty, on 26 and 27 September 2014. The events at the Civic Square helped set off massive pro-democracy protests, sometimes referred to as the Umbrella Movement, which lasted until police cleared the last of the protest sites in December 2014.
The three had originally been convicted and ordered to perform community service or, in the case of Chow, given a suspended sentence. The government appealed their sentences and successfully pursued harsher punishments on the grounds that their crime involved a large-scale unlawful assembly with a high risk of violence. The trio's imprisonment was applauded by the pro-Beijing camp but decried by pro-democracy figures in Hong Kong as well as international politicians and human rights advocates, who have called the activists Hong Kong's first prisoners of conscience, and alleged that the sentence is intended to intimidate other would-be activists.
The sentence also disqualifies the three from running for office for five years, quashing their political aspirations in the near future. Wong had previously sought election but was barred due to his age, while Law, democratically elected to the Legislative Council in September 2016, was removed from office in July 2017 following a government challenge.
The three activists were released on 6 February 2018 after a successful appeal against their custodial sentences at the Court of Final Appeal.
Background
Activists
Wong, Law, and Chow have been prominent democracy activists for several years. Joshua Wong, now a student at the Open University of Hong Kong, co-founded Scholarism in 2011. Scholarism gained prominence as one of several civil society organisations that protested against the "Moral and National Education" curriculum, proposed by the Education Bureau. He subsequently participated in the Umbrella Movement and then co-founded a political party, Demosistō, in 2016.
Nathan Law is an undergraduate student at Lingnan University as well as the incumbent chairman of Demosistō. He previously occupied various leadership positions in the Lingnan University Students' Union and served as Secretary General of the Hong Kong Federation of Students. During the 2016 Legislative Council election Law ran under the Demosistō banner in the Hong Kong Island geographical constituency and was elected, becoming the youngest-ever elected legislator in Hong Kong. On 14 July 2017, Law became one of six pro-democracy legislators removed from office due to legal action by the Hong Kong Government regarding their manners during the oath-taking ceremony.
Alex Chow is a University of Hong Kong student, a former vice-president of the Hong Kong University Students' Union, and a former secretary-general of the Hong Kong Federation of Students. He was one of the early organisers of the Umbrella Movement.
Political context
The Chief Executive is the head of the Government of Hong Kong. Article 45 of Hong Kong's constitution, the Basic Law, stipulates that the "ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures". Following the transfer of Hong Kong to China in 1997, the pro-democratic camp pushed for the election of the chief executive in 2007 through universal suffrage. On 26 April 2004, the Standing Committee of the National People's Congress (NPCSC), a mainland Chinese legislative body, ruled out the possibility that universal suffrage would be allowed in 2007. In 2007, the NPCSC ruled out the 2012 election of the legislature and chief executive through universal suffrage, but stated that the Legislative Council and the chief executive could be elected through universal suffrage in 2016 and 2017, respectively.
However, democratic aspirations stalled on 31 August 2014, when the Standing Committee of the National People's Congress in Beijing made a decision that chief executive candidates in 2017 would be required to "love the country and love Hong Kong"; that all candidates would be screened by a nominating committee of a composition paralleling the existing Election Committee, which is dominated by pro-Beijing interests; and that any chief executive elected through these means would then have to be appointed by the Chinese government. The decision was intensely decried by the pan-democratic camp, who said the arrangement would not amount to genuine democracy.