What criteria did the judiciary use to determine the incarceration terms in the 47th trial in Hong Kong?

The sentencing of former opposition activists in Hong Kong’s landmark national security case was deemed reasonable by several legal experts. The jail terms issued on Tuesday were neither too lenient nor excessive, considering the court’s conclusion that the activist’s plans threatened national security and amounted to intentions to overthrow the government.

At the conclusion of the city’s most extensive and longest-running national security trial to date, 45 defendants received prison sentences ranging from four years and two months to 10 years for conspiracy to commit subversion. Two additional defendants were exonerated by the court in May.

Of the 45 sentenced, 31 pleaded guilty, and 14 were convicted in May for participating in a 2020 plot to topple the government. The plan involved securing a majority in the Legislative Council and indiscriminately voting down budgets and other bills to instigate a constitutional crisis.

In this high-profile trial, Benny Tai, a former legal academic at the University of Hong Kong (HKU), received a 10-year prison sentence. The court identified Tai as the main offender, arguing he had “advocated for a revolution” and orchestrated the plot under Article 22 of the 2020 national security law.

Grenville Cross, a barrister and former director of public prosecutions, commented on the sentences: “There are 45 sentences, and while some may seem on the lenient side, others appear to be just right.” This case highlights the ongoing tensions and complexities of the national security law in Hong Kong and its implications for those considering investment opportunities in the region.

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