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One of two teenage fugitives mainland Chinese authorities decided not to prosecute arrives at Hong Kong’s Tin Shui Wai police station. Photo: Felix Wong

Ten Hong Kong fugitives captured at sea jailed up to three years by Shenzhen court, two other underage suspects handed to city’s police

  • Tang Kai-yin and Quinn Moon, convicted of organising the illegal border crossing, sentenced to three and two years, respectively
  • The other eight defendants in group of 10 were each given seven months’ jail and fined 10,000 yuan

Ten Hong Kong fugitives arrested at sea in August by mainland Chinese authorities while trying to flee to Taiwan were sentenced to between seven months and three years in jail by a Shenzhen court on Wednesday, while two other underage suspects were handed over to the city’s police.

Tang Kai-yin and Quinn Moon, the only woman in the group, were convicted of organising the illegal crossing of the border by all 10, while the other eight were found guilty of doing so, according to an announcement by the Yantian People’s Court.

Tang was sentenced to three years in jail, and fined 20,000 yuan (US$3,000), while Quinn was sentenced to two years and fined 15,000 yuan.

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Ten Hong Kong fugitives captured at sea jailed for up to three years on Chinese mainland

Ten Hong Kong fugitives captured at sea jailed for up to three years on Chinese mainland

The other eight were jailed for seven months and ordered to pay a penalty of 10,000 yuan.

While some, including Hong Kong pro-establishment politicians, suggested the Shenzhen court was lenient, one mainland lawyer, several activists and the families of the 10 jailed fugitives insisted it was too harsh.

“Seven months was longer than what I thought,” said the mother of Li Tsz-yin, one of the eight handed the shorter sentences. “I will go to see him, so I want to know when, where and how frequently I can do so.”

Communist Party mouthpiece Xinhua, meanwhile, reported on Wednesday that Quinn tearfully told the court on Monday that she now understood “the fairness and strictness of the mainland’s rule of law”, and regretted doing “a lot of things that harmed the society and my family”.

The state-run news wire also reported that other defendants mentioned in their final statements regretting believing in “rumours” and having “misunderstandings” about the mainland’s legal system.

Police vehicles arrive at Yantian District People's Court in Shenzhen on Wednesday morning. Photo: Reuters

The court said Tang and Quinn were convicted of organising the illegal crossing as their act “involved many people”, while the others had breached border management laws by illegally crossing as a group under “serious circumstances”.

“The judgments were made after considering the circumstances, consequences, performance of repentance of each defendant, and sentencing recommendations of the prosecutors,” the court said.

It also noted the group had earlier confessed to the crime and pleaded guilty, while Tang and Quinn’s punishments were mitigated by the fact they were “organised by others to commit the crime”, a possible reference to a smuggling syndicate being investigated by Hong Kong police.

Illegally crossing the border is punishable by up to one year in prison. Organisers of the crime face up to seven years’ jail, while those running cross-border syndicates can be sentenced to life in prison.

Speaking on condition of anonymity, a family-appointed mainland lawyer expected that the eight would finish their jail terms on March 24, as they had already been in custody for more than four months.

Outside the Yantian People’s Court on Wednesday morning, temporary barriers surrounded most of the building, with a sign outside saying the road had been blocked and asking pedestrians to go around. Access to the court’s entrance was also barred, eliminating the possibility of people gathering there.

At around 11am, the Yantian People’s Procuratorate announced via its WeChat account that it had decided not to prosecute the two teenage suspects, who earlier pleaded guilty in court, after holding a closed-door hearing.

Minutes later, the district’s Public Security Bureau announced on Weibo that the pair had left the mainland. Sources earlier told the Post the transfer would be conducted at about 11am through the Shenzhen Bay Port.

Escorted by Hong Kong police officers, the two teenagers – Liu Tsz-man and Hoang Lam-phuc – arrived at Tin Shui Wai Police Station shortly before noon in two private vehicles.

Liu, now 18, was previously charged with conspiracy to commit arson with intent and criminal damage. Hoang, now 17, was charged with arson with intent and possession of offensive weapons. Both cases are tied to their involvement in the anti-government protests that rocked the city last year.

Speaking at a press briefing, acting chief superintendent Cheng Lai-ki, of the Commercial Crime Bureau, said the force would formally inform the court on Thursday of Liu and Hoang’s return to Hong Kong. Cheng also said that because the suspects would need to undergo a 14-day quarantine, police would apply for procedural delay.

“For these two absconded suspects, we will bring up the issue [of quarantine] to the court tomorrow, and apply to remand these two persons in joint custody,” Cheng said, adding the suspects would face trial following their quarantine.

Diplomats gather outside Yantian People’s Court in Shenzhen on Monday in a failed bid to attend the trial of the 12 Hong Kong fugitives. Photo: Phoebe Zhang

The two were allowed to call their families on Wednesday, and their relatives will be allowed to visit them at the police station, where they were to be detained for the rest of the day.

“In addition to facing the original charges, the two suspects may also be charged with other offences such as refusing court orders to face trial,” Cheng said, noting the maximum punishment for absconding was a year behind bars.

Monday’s trial of the other 10 fugitives drew international condemnation, with British Foreign Secretary Dominic Raab expressing concern the defendants had been “tried in secret” and denied access to lawyers of their choice.

Officials from Yantian People’s Court said it was “an open trial” attended by family members and journalists. However, reporters from the Post and other Hong Kong media organisations, as well as a group of Western diplomats, were refused access. Family members also said they were not allowed to attend the hearing.

On Tuesday, China’s embassy in Britain slammed Raab for his criticisms, saying he had “mixed up right and wrong”.

All but one of the 12 Hongkongers face charges in Hong Kong for offences related to last year’s social unrest.

The one not yet formally charged, activist Andy Li, was arrested in August on suspicion of money laundering and collusion with foreign forces, an offence under the national security law.

Additional reporting by Christy Leung

This article appeared in the South China Morning Post print edition as: 10 hk fugitives jailed for up to three years in shenzhen
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