Extract from ABC News
Two big national security cases were held in Hong Kong this week. (AP: Chan Long Hei)
In a matter of days, two long-running Hong Kong court cases highlighted just how much the semi-autonomous city is shrinking under Beijing's gaze.
The four-year-long saga of the so-called Hong Kong 47 was finally brought to a close, with pro-democracy campaigners, ex-lawmakers and academics sentenced to up to 10 years in prison for participating in an unofficial vote.
Then, the trial of one of the city's most outspoken businessmen, Jimmy Lai, resumed after a months-long delay, as he finally had his chance to defend himself.
On November 19, as a typhoon threatened the city, hundreds of Hong Kongers lined up to see the final blows of a saga that began with an unofficial primary election in 2020.
Some lined up in the early hours, others had camped overnight, and a small group had even been outside the court since the weekend.
"Hong Kong's freedom is getting smaller and smaller," said Tsang Kin-shing, an activist and former politician also known as The Bull.
"I want everyone to know Hong Kong people won't give up … being here today is so important," Au Yeung said, another member of the public who'd braved the weather to witness the historic sentencing.
How we got here
In the wake of the crackdown following the 2019 protests, candidates from across the pro-democratic spectrum took part in a primary vote, designed to choose the candidates who had the best chance of being elected in legislative council elections due to happen in 2020.
The Hong Kong 47 are at the centre of the island's biggest national security trial and have been handed sentences of up to 10 years. (Reuters: Ann Wang)
More than 600,000 Hong Kongers voted in that primary, a remarkable turnout for a city of 7.5 million.
The level of participation clearly scared authorities and this week we saw the ultimate outcome of their reaction.
The so-called "mastermind" Benny Tai was given 10 years in prison.
As a legal scholar, he had authored an editorial in the now-shuttered Apple Daily newspaper titled "Ten steps to real mutual destruction — the inevitable fate of Hong Kong," describing how a democratic majority could veto budgets and force a government shutdown.
It became a key document during the court case.
While holding a primary vote is fairly routine in other democracies, the national security judges found the group had sought to undermine and paralyse the government.
"The power and authority of both the government and the chief executive would be greatly undermined," the three government-endorsed judges said in their verdict.
"In our view … that would create a constitutional crisis for Hong Kong."
Of the 47 people arrested, 31 had pleaded guilty in the hope of a shorter sentence.
The other 16 fought the charges.
Police were out in force as the twin trials were carried out in Hong Kong. (Reuters: Tyrone Siu)
Only two were acquitted, among them, social worker Lee Yue-shun, who attended court to see the fate that he'd so narrowly missed out on.
Normally fashion-forward and charismatic, on November 19, he politely declined talking to the media, avoiding drawing attention to himself.
"I think [the acquittal] gave me more responsibility — how can I make better use of the freedom I have not lost," Mr Lee told Agence France-Presse ahead of the sentencing.
The shortest sentence any of the 45 received was four years.
Student leader and activist Joshua Wong was jailed for four years and eight months.
He shouted "I love Hong Kong, bye bye!" before leaving the courtroom, according to AP.
Australian citizen Gordon Ng was given seven years and three months.
As supporters filed out of the court there was anger and tears.
Chan Po-ying's husband Leung Kwok-hung was sentenced to nearly seven years in prison. (Reuters: Tyrone Siu)
"I want to emphasise one thing very clear, it is an unfair trial and an unreasonable trial, so even one day [in prison] they don't deserve," said Chan Po-ying, whose husband Leung Kwok-hung, known locally as Long Hair, was sentenced to six years and nine months.
While the show of support for the Hong Kong 47 was remarkable, others we met in in the city expressed their fears talking about even fairly pedestrian issues, worrying how straying into anything remotely political might be a risk to their safety.
Jimmy Lai could end up being diplomatic headache for Beijing
A day after the Hong Kong 47 were sentenced came what was arguably the most anticipated national security trial.
Jimmy Lai appeared in court after four years of silence. (AP: Vincent Yu)
Jimmy Lai, a 77-year-old businessman, first made his name by founding the clothing business Giordano.
He moved into media after seeing the People's Liberation Army brutalise Chinese citizens on June 4, 1989 — killing hundreds, possibly thousands after a student protest had occupied Tiananmen Square in central Beijing for six weeks.
Mr Lai described running his media outlets as "delivering freedom".
"I started a media business because after June 4, I thought it was a good opportunity for someone like me, a businessman who has made some money to participate in delivering information — which I think is freedom," he said.
"The more information you have, the more you are in the know, the more you are free."
Mr Lai said Apple Daily had core Hong Kong values of "rule of law, freedom, pursuit of democracy, freedom of speech, freedom of religion, freedom of assembly".
William Wong showed up to support Jimmy Lai during his testimony. (ABC News: Kathleen Calderwood)
"[Jimmy Lai] represents our voice," said local William Wong, who was lining up on November 21 to show his support for Mr Lai in court.
"Now, Hong Kong people can't say any more, so I want people overseas [and] in Australia to pay attention for Hong Kong people."
As Mr Lai sat waiting to start his evidence he waved and smiled at loved ones and supporters, putting his hands in a gesture of thanks over and over to acknowledge those in the public gallery.
The prosecution of Mr Lai and the Hong Kong 47 has been condemned by governments and human rights groups around the world.
As a British citizen, the UK government has been advocating for his release, with Prime Minister Keir Starmer raising it directly with Chinese President Xi Jinping when they met earlier this week.
As Sir Keir raised his concerns over reports of Mr Lai's deteriorating health in prison during the meeting on the sidelines of the G20 in Brazil, Chinese officials bundled the gathered press out of the room.
Then there's US president-elect Donald Trump.
Only days before the US election, Mr Trump told conservative broadcaster Hugh Hewitt he too would raise the case with President Xi.
"One hundred per cent, I'll get him out. He'll be easy to get out," he said.
It is hard to imagine an American president securing the release of another country's citizen — let alone one who Hong Kong authorities don't recognise as a British national.
But all Mr Trump's political appointments so far indicate an incoming administration that will be extremely hawkish on China.
And as Xi Jinping braces for US tariffs on all exports to America at a time the Chinese economy is stagnating, a disagreement over an elderly diabetic prisoner, known around the world as a fighter for freedom of speech, might be one headache he doesn't need.
"I hope Trump and the international community can free Jimmy Lai … because all we can do here in Hong Kong is very little," said one man who had lined up outside for hours to see Mr Lai's evidence in court.
Lai 'hoped' Trump might put a stop to national security law
The prosecution is arguing that Mr Lai was trying to encourage foreign governments, particularly the United States, to sanction Hong Kong through articles in the Apple Daily.
Mr Lai has been in jail for nearly four years as he fights the charge of colluding with foreign forces. (Reuters: Tyrone Siu)
A graphic had been prepared for the court of all Mr Lai's foreign friends and connections.
It featured the last British governor of Hong Kong Chris Patten, founder of the Inter-Parliamentary Alliance on China Luke de Pulford, member of the House of Lords David Alton, and Taiwan's President Tsai Ing-wen.
But the most stand-out inclusion by a long way was Donald Trump himself.
Mr Lai said he never met or even communicated indirectly with Mr Trump, but had met with then-vice-president Mike Pence and secretary of state Mike Pompeo.
"I would not dare to ask the US to do anything. I just related to [Mr Pence] what happened in Hong Kong," he said.
"And asked [Mr Pence and Mr Pompeo] to say something to voice their support for Hong Kong."
But he did say he "hoped" Mr Trump might have the power to stop the imposition of the National Security Law (NSL).
Beijing surpassed the Hong Kong legislature in 2020 to impose the broad law on the city, which targets secession, subversion, terrorism and collusion with foreign and external forces.
He said he had told an executive it wasn't a good idea for the Apple Daily to take an anti-Trump stance, as they typically followed the same editorial direction as CNN and the New York Times on US politics.
"[In June 2020,] the time had become critical that we want president Trump to help us stop the NSL," Mr Lai told the court.
"If [the NSL] was implemented, that would be the end of Hong Kong's freedom of speech … that's my feeling … under the NSL there's no way for us to practice journalism.
"The subsequent events have proved us right."
Beijing has already made up its mind about Lai
One of the key things Hong Kong authorities want to prove is that the One Country Two Systems is still working — a feature of which is the city's common law legal system.
Despite the weather, many people showed up to court in Hong Kong to support the defendants. (Reuters: Tyrone Siu)
Both the Hong Kong 47 and Jimmy Lai cases have been tried without a jury, with the outcome in the hands of three National Security judges who are hand picked by the city's chief executive.
In response to complaints by Mr Lai's son Sebastien and international lawyers advocating for his release, Hong Kong authorities sighted the city's "rule of law".
"The Basic Law [Hong Kong's mini constitution] specifically provides that the HKSAR (Hong Kong Special Administrative Region) enjoys independent judicial power, including that of final adjudication, and the courts of the HKSAR shall exercise judicial power independently, free from any interference," a spokesman for the Hong Kong government said in a statement.
"The Hong Kong National Security Law further affirms adherence to the principle of the rule of law in preventing, suppressing and imposing punishment for offences endangering national security, and provides for the presumption of innocence … and protection of the right to defend oneself."
As the statement mentions, one of the key tenets of a rule of law system is a presumption of innocence.
But in Beijing, it's clear Mr Lai hasn't been granted that presumption.
On November 20, spokesperson for the Chinese Communist Party government's Foreign Ministry Lin Jian didn't mince his words about Mr Lai.
"Jimmy Lai is the principal mastermind and perpetrator behind the series of riots that shook Hong Kong," he said.
"He is an agent and henchman of those hostile to China."
Sebastien Lai and other critics have called this a show trial, and those comments suggest that, at least from the Communist Party's perspective, the outcome has already been decided.
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