It has been a victory for democracy in Hong Kong, and the signal emitted by the island nation’s highest court on Tuesday must be particularly resounding for China. Not that the verdict is an oblique endorsement of the “umbrella movement” for democracy in 2014; what matters more immediately is that three prominent activists of democracy have won an appeal against jail sentences.

For all that, a domineering Beijing’s shadow over the court proceedings ~ more than 20 years after Britain’s handover ~ is “visible” enough; Joshua Wong, Nathan Law and Alex Chow ~ who personify the general longing for free thought and democracy ~ have been warned by the court that future acts of civil disobedience would be dealt with harshly. “Elements of disorder or violence must be deterred,” was the Chief Justice, Geoffrey Ma’s observation as he “fully endorsed” harsher sentences for any movement for the restoration of democracy.

Small wonder that Britain’s Prime Minister, Theresa May, has pledged to take up the issue ~ indeed Hong Kong’s fundamental problem ~ when she visits the island later this month. The freedom is, therefore, somewhat qualified at best and inordinately belated at worst. Over the past year, Hong Kong’s government has taken an increasingly hard line on dissent, jailing protesters, banning activists from standing for election, and even attempting to disqualify popularly elected lawmakers. The praxis over the past two decades, most particularly in recent years, flies in the face of the certitudes of democratic engagement.

Ergo, Tuesday’s judgment has been a victory for the young protesters who had turned out in their thousands to buttress the cause of greater democracy. The picturesque island nation has been reduced by the administration ~ remote controlled by China ~ to a geographical entity. The court’s warning that “it is now necessary to emphasise deterrence and punishment” can, therefore, be contextualised with the general political ambience. Unmistakable is the ominous ring to that caveat.

Despite the victory in court, Hong Kong is still far from upholding the rule of law. There are many political prisoners and the government appears to be pursuing a political agenda in the courts. Human Rights Watch has hit the nail on the head in the immediate aftermath of the verdict, notably that the Hong Kong government has “redoubled efforts to weaken pro-democracy voices.

The government is using this case to see how far it can go in pursuing political prosecutions, and it will inform their strategy of going forward. No one should be prosecuted for a peaceful protest.” A dire signal has been emitted, one that ought to resonate in the echo chambers of Xi Jinping’s China. Twenty years after the handover, the reality is distressing. The city appears no closer to democracy. Freedom is at a discount; its pursuit shall continue, however.