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Hong Kong democracy leaders jailed over 2014 'Umbrella' protests

Occupy Central leader Chu Yiu-ming cried as he spoke to the media after sentencing on Wednesday - AP
Occupy Central leader Chu Yiu-ming cried as he spoke to the media after sentencing on Wednesday - AP

Four prominent leaders of Hong Kong's democracy movement were jailed on Wednesday for their role in organising mass protests in 2014 that paralysed the city and infuriated Beijing.

The prison terms are the latest hammer blow to Hong Kong's beleaguered democracy movement, which failed to win any concessions and has seen key figures jailed or banned from standing as legislators.

Nine activists were all convicted earlier this month of at least one charge in a prosecution that deployed rarely used colonial-era public nuisance laws over their participation in the "Umbrella Movement" protests, which called for free elections to appoint the city's leader.

Their trial renewed alarm over shrinking freedoms under an assertive China which has rejected demands by Hong Kongers for a greater say in how the financial hub is run.

Five democracy activists are photographed by the media outside a Hong Kong court on Wednesday, following their sentencing - Credit: Justin Chin/Bloomberg
Members of the so-called "Umbrella Nine" democracy activists following their sentencing Credit: Justin Chin/Bloomberg

Two key leaders of the mass protests - sociology professor Chan Kin-man, 60, and law professor Benny Tai, 54 - received the longest sentences of 16 months in jail, sparking tears in court and angry chants from hundreds of supporters gathered outside.

Two others - activist Raphael Wong and lawmaker Shiu Ka-chun - received eight months while the rest had their jail terms suspended or were given a community service order.

One defendant, lawmaker Tanya Chan, had her sentencing adjourned because she needs surgery for a brain tumour.

The jail terms are the steepest yet for anyone involved in the 79-day protest which vividly illustrated the huge anger - particularly among Hong Kong's youth - over the city's leadership and direction.

As Wong was led away by guards he proclaimed: "Our determination to fight for democracy will not change."

Tai and Chan founded a civil disobedience campaign known as "Occupy Central" in 2013 alongside 75-year-old Baptist minister Chu Yiu-ming, one of the defendants to have his jail term suspended.

Their original idea of taking to the streets to demand a fairer system was a precursor to the student-led Umbrella Movement a year later that brought parts of the city to a standstill.

Four of the activists are driven away from court on Wednesday as supporters rally outside carrying yellow umbrellas, a symbol of the pro-democracy movement in Hong Kong - Credit:  JEROME FAVRE/EPA-EFE/REX
Four of the activists are driven away from court on Wednesday as supporters rally outside carrying yellow umbrellas, a symbol of the pro-democracy movement in Hong Kong Credit: JEROME FAVRE/EPA-EFE/REX

Authorities in Hong Kong and the mainland have defended the prosecutions as a necessary measure to punish the leaders of a direct action movement that took over key intersections of the city for many weeks.

But activists and rights groups have argued that the use of the vaguely-worded public nuisance laws - combined with a steeper common law punishment - is an insidious blow to free speech and a new tactic from prosecutors.

"The long sentences send a chilling warning to all that there will be serious consequences for advocating for democracy," said Maya Wang, Human Rights Watch's senior researcher on China.

Amnesty said the four jailed men were "prisoners of conscience" and that the record-breaking sentences set a "dangerous precedent".

Carefully worded criticism came in from western diplomats in the city.

Washington's consulate said it was "concerned by the Hong Kong government's decision to bring these charges" while Britain's added that it would be "deeply concerning" if the jailings "were to deter the people of Hong Kong from participating in peaceful protest in the future".

Raphael Wong, center left, and Shiu Ka-chun, center right, sit in a van as they leave court following their sentencing on Wednesday - Credit: Justin Chin/Bloomberg
Raphael Wong, center left, and Shiu Ka-chun, center right, leave court following their sentencing on Wednesday Credit: Justin Chin/Bloomberg

There were emotional scenes outside the courthouse as the four leaders were driven away in a prison van as supporters shouted "Add Oil!", a popular Cantonese phrase to signal encouragement.

Speaking after the sentencing, Tanya Chan told the crowds: "I hope Hong Kongers will not lose hope, will not be afraid, will not have regrets or back down now".

Many supporters were holding umbrellas, an emblem of the 2014 protests after they were used by young demonstrators to defend themselves against police batons, tear gas canisters and pepper spray.

While Hong Kong enjoys rights unseen on the Chinese mainland under a 50-year handover agreement between Britain and China, there are fears those liberties are being eroded as Beijing flexes its muscles and stamps down on dissent.

Hong Kong's leader is elected by a group of just 1,200 largely pro-Beijing appointees, in a city of seven million.

Judge Johnny Chan ruled that the 2014 protests were not protected by Hong Kong's free speech laws because the demonstrations impinged on the rights of others.

During sentencing, Chan said the defendants had expressed no regret for the "inconvenience and suffering caused to members of the public". He added that an apology was "rightly deserved... but never received" from the protest leaders.