Five years since the first arrests linked to Hong Kong’s 2019 protests were made, only 28 per cent of the more than 10,000 people arrested have been prosecuted, leaving question marks over what will happen to the remaining 72 per cent.
From June 9, 2019 – when over a million Hongkongers took to the streets opposed to a proposed amendment to an extradition bill that would have allowed criminal suspects to be sent to China – until March this year, 10,279 people had been arrested in connection with the protests.
Over the months that followed that first mass march, demonstrations escalated into sometimes violent displays of dissent against police behaviour, amid wider calls for democracy and anger over Beijing’s encroachment. However, the arrival of the Covid-19 pandemic in early 2020, which saw restrictions placed on Hongkongers’ movements, and a national security law imposed by Beijing later that year largely put an end to the protests.
Of the 10,279 people arrested, police told HKFP that 7,537 were male, and 2,742 were female. They ranged in age from 11 to 87, with 1,754 under the age of 18.
“The offences involved include taking part in riot, unlawful assembly, wounding, assault occasioning actual bodily harm, common assault, arson, criminal damage, assaulting a police officer, obstructing a police officer in due execution of duty, possession of offensive weapon, etc,” a police spokesperson said in an emailed response to questions on May 24.
See also: How Hong Kong convicted 200 people for rioting during the 2019 protests and unrest
As of March 31, a total of 2,961 people – or 28.8 per cent of those arrested – had “undergone or [were] undergoing judicial proceedings,” according to police. That is to say, their cases had been through the courts, or were in the process of being handled by the courts.
“Of the 2,961 arrested persons having undergone or undergoing judicial proceedings, 2,328 have to bear legal consequences,” the police spokesperson added.
‘Bear legal consequences’
Secretary for Security Chris Tang last October explained “having to bear legal consequences” as “including sentencing upon conviction, community service order, probation order and bind over orders made by courts.”
That leaves 7,318 people who were arrested but but have not been prosecuted, and how the police respond to questions regarding their fate has changed.
Last January, lawmaker Tik Chi-yuen cited police commissioner Raymond Siu as saying that police aimed to finish their investigations into those arrested by this February, at which point they would confirm whether to close certain files, continue investigations, or initiate prosecutions, according to local media.
Another lawmaker, Gary Zhang, said soon after that several of those who had been arrested over the 2019 protests had been informed that the cases against them would not be pursued.
Siu, on February 14, confirmed that the force was reviewing the cases and would announce how police planned to deal with the remaining cases “within the month.” But no such announcement was ever made, and on May 23, Chief Executive John Lee said it would be “unrealistic” to set a time frame for closing police investigations.
Asked whether police had, after thorough investigation, decided not to recommend prosecution for those who have yet to be formally charged, the spokesperson told HKFP: “Police will handle the remaining cases in accordance with the law.”
In a legislative document relating to Department of Justice (DoJ) spending estimates for the 2022-23 financial year, establishment lawmaker Junius Ho asked about convictions related to the protests in 2014 and 2019, and the time it took to process them.
In its response, the DoJ said: “the Police does not refer all their cases to DoJ for the following reasons: (1) some cases are still under police investigation; (2) no follow-up action is considered necessary for some cases for the time being; and (3) the evidence of some cases is considered insufficient, hence no referral is made to DoJ.”
Asked similar questions in February, Hong Kong’s Judiciary said it had been “making pro-active and dedicated efforts in implementing multi-pronged measures to expedite court proceedings, with priority given to [protest-related] cases… as appropriate.”
However, the Judiciary acknowledged that fresh protest and national security cases continued to be brought to court in 2023, and that upcoming cases had been scheduled for trial this year and in 2025.
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