Joshua Wong, Alex Chow, and Nathan Law are three prominent student activists who played a leading role in the 2014 Occupy Central Movement in Hong Kong. All three were imprisoned in August 2017 on charges, initially levelled in 2015, of “unlawful assembly” or “incitement to take part in assembly” stemming from their roles in the protest at Hong Kong Civic Square in September 2014. As of November 7, 2017, all three have been released on bail and are waiting for their appeals trial.

In addition, on October 13, 2017, Wong pleaded guilty to charges of criminal contempt of court for failing to comply with an order to vacate the streets of the Mong Kok commercial district in November 2014.

CASE BACKGROUND

Joshua Wong, Alex Chow, and Nathan Law are prominent youth activists who, in 2014, emerged as key leaders in the pro-democracy Occupy Central Movement in Hong Kong. The Occupy Central Movement, better known as the “Umbrella Protests,” was a city-wide civil disobedience movement in which tens of thousands of Hong Kongers took to the streets for months.

Joshua Wong is the founder of the political party Demosistō, while Nathan Law is a former congressman (who was controversially removed from his post mere months after being elected) and Alex Chow is the former secretary general of the Hong Kong Federation of Students who is due to begin his doctoral studies at the University of California, Berkeley.

In September 2014, the three activists were involved in the storming of Civic Square, a fenced-off square located outside government buildings in Hong Kong. The storming of Civic Square was a response to reforms imposed by Beijing authorities that limited the pool of candidates considered for the position of chief executive, Hong Kong’s top leader. The protest is considered by many to be one of the catalyzing events for the Umbrella Movement.

As leaders of the Occupy Central movement, the three have faced legal punishment for exercising their rights to freedom of assembly and of expression. Human rights groups and other observersincluding PEN America—have expressed their concern that these charges are politicized attempts to crack down on dissenting political expression in Hong Kong.

CASE UPDATES

November 7, 2017: The Hong Kong Court of Appeal grants Alex Chow bail, and schedules the three’s appeal hearing for January 16, 2018.

October 23, 2017: Joshua Wong and Nathan Law are released on bail.

October 13, 2017: Joshua Wong is found guilty on charges of contempt of court.

September 2017: Alex Chow, Nathan Law, and Joshua Wong all file applications seeking to appeal their jail sentences.

August 2017: The three activists receive their new sentences: Joshua Wong receives six months’ imprisonment, Alex Chow receives seven months’ imprisonment, and Nathan Law receives eight months’ imprisonment. The new sentences leave the activists ineligible for seeking political audience for the next five years. At the time of the sentencing, PEN America declares the new sentences “represent a low point in Hong Kong’s commitment to freedom of speech and assembly,” and further declared them “a nakedly transparent effort not only to punish these three young men for their political views, but to forestall them from playing a role in Hong Kong’s political future.”

July 14, 2017: Nathan Law is disqualified from his seat, alongside several other pro-democracy lawmakers, over allegations that they incorrectly took the oath of office.

July 6, 2017: Joshua Wong pleads guilty to charges of contempt of court.

October 2016: The Court of Appeal agrees to hear a government appeal against the original sentence.

September 2016: The Hong Kong Department of Justice requests a review of the sentences. The magistrate rules that the original sentencing and reasoning was sufficient.

In the September elections, Nathan Law is elected as a member of the Hong Kong Legislative Council, becoming the youngest elected candidate in history.

August 2016: Wong and Law are sentenced to community service, Chow receives a suspended sentence.

July 2016: Chow, Wong, and Law are found guilty.

April 2016: Joshua Wong, alongside 19 others, is summoned on charges of contempt of court for obstructing the execution of the court’s order for clearance of the central commercial area in Mong Kok.

August 2015: Wong, Chow, and Law are formally charged with “unlawful assembly and incitement to take part in assembly.”

September–December 2014: Occupy Central is launched and protests continue into early December.

September 27, 2014: Protesters first assemble at Civic Square.

FREE EXPRESSION IN HONG KONG

The convictions of Wong, Law, and Chow have occurred against a backdrop of diminishing civic freedoms for Hong Kong. PEN America has documented the shrinking space for media diversity in the territory, and the 2016 kidnappings of five booksellers by security officials from the Chinese mainland. In November 2016, PEN America sent a publisher’s delegation to Hong Kong to present and discuss the findings of the report on the kidnapping of the booksellers; in this time, they met with Nathan Law and other legislators and free expression advocates.

Joshua Wong in particular is a high-profile activist and has been subject to several formal and informal restrictions on his freedom of expression. In October 2016, Wong accepted an invitation to travel to Thailand to speak about his experience of the Umbrella Movement at an event hosted by Chulalongkorn University. Wong was detained upon arrival, and after 12 hours was deported to Hong Kong. Wong claimed that the authorities would say no more than that he had been blacklisted. In addition, in July 2017, PEN Hong Kong (the Hong Kong chapter of PEN International) was refused the opportunity to launch a literary anthology at the Asia Society Hong Kong due to their proposed inclusion of Joshua Wong as a speaker.

IN THEIR WORDS

In a series of tweets made on August 17, Joshua Wong expressed his faith in the spirit of Hong Kong activists, stating, “They can silence protests, remove us from the legislature and lock us up. But they will not win the hearts and minds of Hongkongers.”

Joshua Wong has written a series of articles for The Guardian:

“I’m a Pro-Democracy Activist. Is That Why Thailand Chose to Deport Me?”

“We Must Resist Until China Gives Hong Kong a Say in Our Future”

“Prison is an Inevitable Part of Hong Kong’s Exhausting Path to Democracy”

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