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Democrats jailed and exiled in Hong Kong Reuters deplore Sunday’s election

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© Reuters. An overview shows Stanley Prison in Hong Kong, China, on December 6, 2021. Photo taken on December 6, 2021. REUTERS / Tyrone Siu

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By James Pomfret

HONG KONG (Reuters) – For many Hong Kong Democrats, this year’s legislative elections must have been a milestone in the face of what they saw as China increasingly attacking Hong Kong’s way of life.

Democrats believed they would win a majority in the future of the former British colony.

But instead of holding rallies for the upcoming election, many are under arrest and awaiting trial, living a daily prison routine of sleeping, exercising, eating and studying, divided into two pens and six books a month. Others have fled the territory.

“It all happened so fast,” said Sunny Cheung, a 25-year-old activist who is seeking asylum to avoid trial in the United States. “A year later, there are hardly any real Democrats left. They are in prison or in exile.”

“That’s what we need to adhere to and not forget about our history, especially when many of the leading Democrats have sacrificed their freedom and are now in prison.”

Reuters spoke to six Democrats, some in jail, others in exile or on bail, ahead of Sunday’s poll. Voting was scheduled for September 2020 but was postponed due to COVID-19 reasons.

In February, police blamed the conspiracy to subvert the 47th pro-democracy campaign in Hong Kong for their role in unofficial “primary elections” after Beijing imposed a national security law on the city last year.

Shortly after the arrests, China’s parliament announced major changes in the election environment, reducing the number of directly elected seats from one-half to one-quarter, and a Beijing-based election commission will select more than a third of the parliamentary seats.

At the request of China, a new verification body was also set up and led by Hong Kong’s top authorities to examine potential candidates to ensure the submission of only “patriots”, according to government statements.

Since then, the courts have repeatedly given more time to the government prosecutor’s office to prepare his case, with most of the detainees remaining in six Hong Kong prisons pending trial.

In late November, Magistrate Peter Law adjourned the case until March, in part to allow more time for the translation of the nearly 10,000-page documentary evidence presented by the prosecution.

The three Democrats’ lawyers, who spoke anonymously in an effort to protect their clients, told Reuters that the prosecution had not yet issued a detailed summary of its charges, making it difficult to provide legal advice, moving away from ordinary criminal proceedings. No reason has been publicly given for this delay.

Hong Kong’s Constitutional Affairs Office and Justice Department did not respond to Reuters’ questions.

Hong Kong leader Carrie Lam has said the election is now “with a more balanced turnout that is much more representative” and will choose “those who are patriotic to govern the city”.

PRISON ROUTINE

The 33 Democrats behind the inmates will not be back in court until March, yet they have yet to determine when the trial will begin.

Hong Kong’s largest male prison, Stanley, includes Democrats who played a key role in the primary election, including Benny Tai, 57, and Leung Kwok-hung, 65. Joshua Wong, 25, is serving time in prison on another island.

Some have opted for isolation, while others have joined larger groups of prisoners.

Claudia Mo, 64, and Tiffany Yuen, a 28-year-old female inmate who is running in the primary election, are in a separate prison in the Newfoundland. Two people who knew the situation said Yuen had been incommunicado in September after authorities ruled he was incarcerated in prison.

Hong Kong Democracy Campaigns in Prison https://graphics.reuters.com/HONGKONG-ELECTION/DEMOCRATS/byvrjqdrbve/HK-Prison_AB.jpg

The Department of Prison Services told Reuters that although it would not comment on an individual case, “it has the power to establish a separate jurisdiction as a punishment for prisoners who have committed crimes against prison discipline.”

Imprisoned Democrats describe the daily routine of sleep, exercise, lunch, and study.

After dawn, you are allowed to exercise for an hour and take a shower. Male inmates may run or play sports, including soccer and basketball, using common brown shoes taken from the cart, under the care of prison officers.

For those who have been arrested but have not been convicted of any charges, two visitors are allowed on a daily basis, as well as sending food. Some have begun writing essays, books, and plays with a two-pen ration, according to three people with direct knowledge, while others read or study, with six books a month allowed.

‘RESISTANCE POINT’

Fourteen members of the group, which includes former lawmakers and lawyers, have been placed on bail.

Despite the legal dangers, many of those who spoke to Reuters said Hong Kong citizens should ignore the election or cast a blank ballot. The city’s anti-corruption watchdog has arrested 10 people in recent weeks for encouraging them to cast white ballots.

“We can do little now, but this is a point of resistance,” the other Democrat said, referring to giving white votes and denying the election. “Even if you’re in exile, in prison, or in a part of Hong Kong society, don’t let the outside environment rust.”

In the first ballot last July, Democrats held street talks and discussed their platforms with citizens and rivals in an effort to present the best candidates.

Nearly 600,000 people voted at pop-up stations, about 15 percent of the city’s 4 million registered voters.

In the late 2019 district elections, Democrats lost nearly 90 percent of their seats, with a record turnout of 71 percent.

While incarcerated Democrats can vote, it is banned from those abroad, even though all major opposition parties, including the Democratic Party, have decided not to run in the election because they are not Democrats.

Authorities have been working to gather support for the election, arranging free transportation to the polls and asking people to vote on social media.

“A lot of people want to see them vote, that there’s no problem, to show that everything is normal,” Cheung said. “But we have to tell Beijing that we will not cooperate with the action.”

Exiled activist Nathan Law, who was also a candidate in the primary election, told Reuters this month that the December 19 poll was just a “Beijing election.”

Of the 153 candidates running for 90 seats, the vast majority are pro-Beijing and pro-system figures, just a few who are called moderates.

China’s top official Xia Baolong said it would recently ban the “introduction of destabilizing forces” and that the interrogation would be “positive”.

Lam, the Hong Kong leader, also said earlier that Democrats, if they prove “patriotic,” are welcome.

(This story addresses the title of paragraph 11 to the Magistrate of Justice)

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