A Hong Kong court dismisses appeals of activists in a key national security case

Hong Kong Court Upholds Convictions in Landmark National Security Case

A Hong Kong court on Monday dismissed all appeals in the city’s largest prosecution under Beijing’s national security law, cementing the convictions and sentences of prominent pro-democracy activists who participated in an unofficial primary election in 2020.

The Court of Appeal rejected the bids of eleven activists who challenged their convictions, including former lawmakers Leung Kwok-hung, Lam Cheuk-ting, Raymond Chan, and Helena Wong. The court also dismissed all appeals related to sentencing brought by these activists and another defendant.

This case represents a defining moment in Hong Kong’s political landscape, involving 47 pro-democracy figures charged in 2021 with conspiracy to commit subversion. Forty-five defendants eventually received prison sentences ranging from four to ten years earlier this year, punishments that drew sharp criticism from international governments and human rights organizations.

The prosecution stemmed from an unofficial primary election organized by opposition figures in 2020. Following the massive anti-government protests that rocked Hong Kong in 2019, the pro-democracy camp had hoped to gain ground in the upcoming legislative election by shortlisting candidates through this primary process.

Prosecutors successfully argued that the activists intended to paralyze Hong Kong’s government by winning a legislative majority and using it to block government budgets indiscriminately, ultimately forcing the city’s leader to resign. The appellate court judges upheld the lower court’s finding that legal scholar Benny Tai, described as the mastermind of the plan, had conceived it as a “constitutional mass destruction weapon” aimed at toppling Hong Kong’s constitutional order.

Only two defendants were acquitted during the original trial. One of them, Lawrence Lau, a former pro-democracy district councilor, had his acquittal upheld despite an appeal from the prosecution.

Chan Po-ying, the wife of defendant Leung Kwok-hung and herself an activist unrelated to this case, criticized the ruling, arguing that it was not based on facts and that the defendants’ actions were consistent with Hong Kong’s mini-constitution, the Basic Law. “It already presumed these people had intended to subvert the state’s power,” she said.

The Australian government expressed concern over the unsuccessful appeal of its citizen, Gordon Ng. Meanwhile, Amnesty International’s Hong Kong Overseas spokesperson Fernando Cheung said the court had “missed a critical opportunity to correct this mass injustice.”

In response, Hong Kong’s government defended the decision, stating it demonstrated that anyone endangering national security would face legal consequences. The Department of Justice is considering whether to appeal the verdict regarding Lau’s acquittal.

The mass prosecution has effectively decimated Hong Kong’s once-vibrant pro-democracy movement. Among those serving significant sentences are influential figures like Benny Tai, who received a 10-year prison term, and former student leader Joshua Wong, sentenced to four years and eight months.

Nearly 20 of the convicted activists have been released from prison over the past year after completing their sentences, including former district councilors Jimmy Sham and Lester Shum. Before Monday’s hearing, Sham and Lee Yue-shun, another acquitted activist, were seen chatting with Lau. As those still imprisoned left the courtroom, some waved at family members and supporters in attendance.

The case has drawn significant public interest, with some Hong Kong residents waiting outside the court building since Saturday to secure seats for the hearing. Margaret Chan, a retiree who arrived Monday morning to show support for those she considered innocent, expressed relief at seeing some activists released. “They have survived it,” she remarked.

Critics argue that these convictions exemplify how authorities have systematically suppressed dissent following the 2019 protests. However, Beijing and Hong Kong officials maintain that the national security law, imposed in 2020, is essential for restoring stability to the city after the period of unrest.