Hong Kong pro-democracy protestors who took part in the 2019-20 movement have been treated in an exceptionally harsh manner by the criminal justice system, reveals a new report.
The report by experts from Georgetown University’s Center for Asian Law has uncovered the severe treatment, which was a marked departure from both local and global norms.
Intensified response to 2019 protests
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Jun Chan, Eric Yan-ho Lai, and Thomas E Kellogg from Georgetown University’s Center for Asian Law, according to The Guardian have highlighted the “extreme stress” faced by the criminal justice system due to the significant increase in arrests, detentions, and charges following the anti-extradition bill protests in 2019.
As per the authors, “in nearly all respects” the response to the 2019 protests surpassed the punitive measures imposed in response to prior social movements, “particularly the 2014 umbrella movement”.
Statistics and severity
Government statistics as of August 2022 indicate that over 10,000 individuals had been arrested in connection with the 2019 protests, with nearly 3,000 of them prosecuted.
The researchers examined more than 1,500 concluded cases until July 31, 2021, shedding light on the severity of the charges brought against the protestors.
Charges and convictions
Researchers found that protestors were charged with a variety of offences, including unlawful assembly, rioting, police obstruction, and police assault. Notably, the most common charge was unlawful assembly, an archaic colonial-era law that allows authorities to persecute peaceful protestors.
Furthermore, more than 80 per cent of convicted individuals received custodial sentences. In comparison, only 31 per cent received the sentence in relation to the Umbrella movement.
A particularly concerning trend, as per The Guardian report, was the disproportionately high rate of incarceration for young individuals, with over 130 defendants under 18 years of age. There was also “an extraordinarily high rate of incarceration for children” with more than 66 per cent of juvenile convictions resulting in custodial sentences.
A backlogged court system
The report also revealed the troubling trend of lengthy pre-trial detentions and a significant backlog in the court system, with the average waiting time for criminal trials expanding by 50 per cent to 287 days.
As per the researchers, “Such long wait times suggest that the court system is flailing under the weight of a massively increased caseload.”
(With inputs from agencies)
