This Dec 28, 2020 photo captures a general view of Yantian District People's Court, where 12 fugitives, from the Hong Kong Special Administrative Region, arrested last August as they tried to flee to Taiwan were convicted on Dec 30, 2020. In China's southeastern city of Shenzhen. (NOEL COLIS / AFP)

Ten Hong Kong fugitives who were caught at sea when fleeing Hong Kong were sentenced to seven months to three years in jail for illegal border crossing or organizing the illegal crossing, Yantian District People's Court in Shenzhen announced on Wednesday.

The 10 were among 12 people who fled Hong Kong via a speedboat for Taiwan to escape legal responsibilities for their roles in Hong Kong’s social unrest last year. They were intercepted by mainland coastguard in mainland waters on Aug 23. 

Eight were charged with illegally crossing the border and two with organizing an illegal border crossing

Eight were charged with illegally crossing the border. They were sentenced to seven months' imprisonment and a fine of 10, 000 yuan each. Of the two defendants charged with organizing an illegal border crossing, Tang Kai-yin was sentenced to three years in prison fined 20,000 yuan (US$3,063). Quinn Moon received a two-year jail sentence and was fined 15,000 yuan. 

Two of the 12, who were minors, weren’t prosecuted. They were returned to Hong Kong on Wednesday.

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The 10 who were sentenced had pled guilty to the charges against them. The Shenzhen authorities decided to not prosecute the two minors.

The court heard that Tang and Moon were commissioned by a mastermind to plot the attempt, Shenzhen Special Zone Daily reported on Wednesday. Tang bought the speedboat that the group fled in, according to the report.

In the early morning of Aug 23, the duo contacted the other 10 people to gather at the Po Toi O pier in Sai Kung in order to flee by sea.

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Around 8 am, the boat was intercepted in Guangdong waters.  The 12 were then detained in Shenzhen and arrested on Sep 30 after the approval of prosecution authorities.

The 10 who were sentenced had pled guilty to the charges against them. The Shenzhen authorities decided to not prosecute the two minors.

Tam Yiu-chung, a member of the Standing Committee of the National People's Congress, said their sentences were “appropriate” and relatively light, as they presumably took into account the defendants’ guilty pleas

According to the report, since 2018, 78 people had been brought to justice in Shenzhen for organizing illegal border crossings and the sentences ranged from two to eight years. In addition, 401 people were sentenced to imprisonment or detention for less than a year after being charged with illegally crossing the border.

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Tam Yiu-chung, a member of the Standing Committee of the National People's Congress, said their sentences were “appropriate” and relatively light, as they presumably took into account the defendants’ guilty pleas.

The case has shown progress in the transparency of judicial proceedings on the mainland, he said, adding that judicial authorities have reported on the processes through social media. These cases were handled in strict accordance with the Criminal Procedure Law of the People’s Republic of China, Tam said.

However, some Western politicians have made “unfair accusations” about the trials. Their demand for the “immediate release” of the 12 defendants is hegemonic interference in the internal affairs of other countries and shows blatant disrespect for the mainland’s judicial system, Tam said.

While a number of suspects linked to last year’s violent protests and activities that threatened national security have fled Hong Kong and sought asylum in some Western countries, the mainland’s handling of the illegal crossing border offenses has in effect prevented 12 people from absconding and demonstrated the rule of law and justice, Tam said. After this incident, the public will bear in mind that everyone will be held legally responsible if they break the law, he added.