Justice delayed is justice denied. In the case of former Democrat legislator James To Kun-sun and seven democrats who were arrested and were put on bail after January 2021 until recently, the delay of a presumed end of national security police investigation of their role is a case of justice delayed, though arguable to some. That is sad news. To pro-democracy supporters, that they are now free to travel, to say the least, and, importantly, to start a new life, is good news.

James To, who studied law, won a seat in the city’s maiden Legislative Council direct election in 1991. He was 28. He became the youngest legislator then and a key member of the Democratic Party he co-founded with a group of like-minded pro-democracy activists in 1994.

Belated return to normal life

He was one of the 57 democrats and like-minded activists who were arrested in January 2021 in the aftermath of the 2019 anti-extradition bill protests. They were suspected of taking part in a Legislative Council primary election held across the city in July 2020, which was deemed by the authorities as a subversion plot. A total of 47 democrats were charged under the national security law.

Of the 47, two were acquitted in May 2024. Of the remaining 45 who were convicted, some had walked free after completing their jail terms. Of those who are still behind bars, some have lodged an appeal against the verdict and the length of imprisonment.

James To and the other seven people had not been formally charged; they were granted bail, presumably for further investigation.

Their cases had been wrapped in secrecy in the past five and a half years until recently when local media reported that To has reunited with his family in the United Kingdom. He kept silent on the reports.

According to follow-up reports by some media outlets, seven others including former Democrat Roy Kwong Chun-yu have had their passports returned. Jeffrey Andrews, who works on ethnic minority issues, revealed he was given back his passport in April last year. After their cases resurfaced in the media again, he was shocked to read stories saying he had migrated to the United States. Andrews said he loves Hong Kong and would stay to contribute to the city.

Their quiet, belated return to normal life was greeted with a sense of relief and joyfulness by their supporters and sympathisers. Justice delayed is still better than its absence.

Response from the patriotic camp

To forgive and forget is easier said than done. Their unsurprising silence about the presumed long-awaited end of the ordeal speaks something about the depth of the feeling of uncertainty and anxiety about the years ahead.

It contrasts oddly with the reaction in some quarters of the patriotic camp. Not known as a hawk in the pro-Beijing camp, veteran leftwing unionist Chan Yuen-han made waves with scathing attacks on James To and former Democratic Party chairman and legislator Wu Chi-wai.

Wu, 63, has been allowed to stay in the UK with his family for six months, after initially being detained for nearly 10 hours at the Heathrow Airport last month. Wu was released in June after being jailed for more than five years for subversion, or more specifically, taking part in the unofficial Legco primary election in 2020.

Confusion over his entry into the UK fuelled speculation about the political game played by the new Labour government led by Andy Burnham. There are sharply different interpretations.

Wu’s ordeal and To’s reunion with his family, moreover, have given ammunition to Chan Yuen-han for firing salvos against them.

In a newspaper column, Chan claimed Wu has wrongly trusted the UK government, referring to his early denial of entry into the country. She said the UK government would dare not to make enemies with China because of the well-being of their “abandoned children”, apparently referring to Wu and other democrats.

Chan said she did not believe that Wu would face more risks staying in Hong Kong than choosing the UK. “(Staying) in the UK is definitely not a good choice (for him.)”

In another newspaper column published August 6, she said she was infuriated every time she read reports about those who fled Hong Kong or were on the run talking nonsense. Without naming names, Chan said parents of those young people who were still behind bars for the 2019 protests did not understand why those “leaders” could flee and that their children have had their future ruined because they wrongly believed them.

Commenting on the cases of James To and the other seven democrats, former security minister and Executive Council Convenor Regina Ip said that meant there was no sufficient evidence for the government to take them to court.

Better to find out what happened

It is still unclear why it took more than five years for the conclusion to be made. That is hardly a reasonable period of time.

The eight democrats may never know why their ordeal came to an end – presumably and finally. Facing similar plight are the thousands of people, many in young age, who were arrested because of their suspected participation in the 2019 protests but have not been charged.

If Chan Yuen-han is genuinely concerned about the future of those young people, it makes better sense for her to find out what happened, not bashing her old political foes who were either found innocent or have already paid a price for their alleged role in the political unrest, fairly or unfairly.

And if she is sincerely hoping Wu will return to Hong Kong to lead a less risky life, what she said has done the opposite.

▌ [At Large] About the Author

Chris Yeung is a veteran journalist, a founder and chief writer of the now-disbanded CitizenNews; he now runs a daily news commentary channel on Youtube. He had formerly worked with the South China Morning Post and the Hong Kong Economic Journal.