A Hong Kong court dismissed all appeals arising from the city's largest case under the national security law imposed by Beijing. This decision on Monday affected 47 pro-democracy activists charged in 2021 with conspiracy to commit subversion. Their involvement in an unofficial primary election aimed at shortlisting pro-democracy candidates for the 2020 legislative election led to mass prosecution. The crackdown on these activists significantly diminished the pro-democracy movement, which had peaked during the massive anti-government protests in 2019.
In 2024, 45 of the defendants were sentenced to prison terms ranging from four to ten years, with these punishments receiving widespread criticism from foreign governments and human rights groups. Eleven activists who had appealed their convictions, including notable figures like former lawmakers Leung Kwok-hung, Lam Cheuk-ting, Raymond Chan, and Helena Wong, all faced unsuccessful bids in the appellate court, which upheld their original convictions and sentences.
Lawrence Lau, a former district councilor and one of the two activists acquitted in this significant case, had his acquittal reaffirmed by the judges after an appeal from the prosecution. The court ruled against the appeal process, reinforcing the original sentencing in a legal environment fraught with tension and instability.
The unofficial primary election orchestrated by pro-democracy advocates was intended to strategize for legislative gains; however, prosecutors argued that the activists had plotted to paralyze the government by attaining a legislative majority and indiscriminately blocking government budgets with the ultimate goal of forcing the city's leader to resign. Judges characterized this plan as unlawful, describing it as a "constitutional mass destruction weapon" developed by legal scholar Benny Tai, who was deemed the mastermind behind the initiative.
The Hong Kong government, supported by officials in Beijing, maintains that the national security law is crucial for preserving stability in the region. Critics, however, argue that the convictions of the activists exemplify how authorities have suppressed dissent in the wake of the 2019 protests. Leung Kwok-hung's wife, Chan Po-ying, expressed her belief that the court's ruling was devoid of factual basis, asserting that the defendants acted in accordance with the principles of the city's mini-constitution, the Basic Law. She highlighted that the ruling presumptively accused the defendants of intending to subvert the state's power.
Fernando Cheung, a spokesperson for Amnesty International Hong Kong Overseas, stated that the ruling reflected a deteriorating state of human rights in Hong Kong and criticized the court for missing an opportunity to rectify what he termed a mass injustice by not overturning the wrongful convictions and sentences.
The case heavily impacted a wide spectrum of democracy advocates, including Tai, who received a ten-year prison term, along with former student leader Joshua Wong, sentenced to four years and eight months. Over the past year, nearly 20 activists involved in the case have been released from prison, including former district councilors Jimmy Sham and Lester Shum. Before the hearing, Sham and another acquitted activist, Lee Yue-shun, shared moments of camaraderie with Lau, illustrating the enduring ties among the activists.
As those still imprisoned were escorted out of the courtroom, many waved to their families and supporters awaiting outside. Some residents, including retiree Margaret Chan, had queued outside the court building since Saturday to secure seats in the courtroom, reflecting their commitment to supporting those they deemed innocent. Upon witnessing the release of some activists from prison, Chan expressed relief, commenting, “They have survived it.”
