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Willa Wu

Hong Kong’s Department of Justice has appealed a decision by the High Court to acquit one of 16 opposition figures who contested subversion charges stemming from an unofficial primary in 2020 at a pivotal national security trial last month.
Prosecutors said on Thursday they had filed the appeal over the acquittal of barrister Lawrence Lau Wai-chung, but they would not pursue a second defendant, social worker Lee Yue-shun, who was also cleared of the charge.
Forty-seven opposition figures faced subversion charges for their roles in the primary, held to narrow down a list of candidates for an approaching Legislative Council election, held two weeks after the Beijing-imposed national security law came into force in June 2020.
Sixteen contested the charge and 14 were found guilty on May 30 after judges found the primary was part of a plot to “undermine, destroy or overthrow” the government.
The court will hear mitigation claims from those convicted on June 25.

No reasons were provided for the appeal decision as a department spokesman said it “has nothing further to supplement”.
Lau and Lee, both former district councillors, were acquitted as the panel of three judges said it could not be sure of their intention in regards to a plot to indiscriminately “veto” budgets with an aim to paralyse the government.
They were granted bail and required to report to police on a monthly basis. The department signalled at the time it intended to challenge the acquittals.
Under the Beijing-imposed national security law, a three-tier system classifies offenders found guilty of subversion, with the maximum penalty of life imprisonment.


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Hong Kong courts

Prosecutors to appeal 1 of 2 acquittals in trial of Hong Kong 47

Prosecutors will appeal the court’s decision to acquit Lawrence Lau. Photo: Elson Li

Former defendant Lee Yue-shun. Photo: Sam Tsang

‘We should not be the focus today’: 2 opposition figures acquitted in Hong Kong 47 case but prosecution to appeal

Defendant Lee Yue-shun leaves West Kowloon Magistrates Courts on Thursday. Photo: Sam Tsang

Members of the public wait to enter West Kowloon Court on Thursday. Photo: Bloomberg

The court accepted that Lawrence Lau had found himself in a “Catch-22” situation to see his name included in the declaration. Photo: Sam Tsang

The court rejected Lee Yue-shun’s testimony on the party’s stance on vetoing but noted “his evidence generally has a ring of truth and is supported by the documents he adduced”. Photo: Sam Tsang

Hong Kong 47: unpacking the judgment and key arguments concerning 14 defendants found guilty

Police officers stand guard outside West Kowloon Court on Thursday. Photo: Sam Tsang

Gwyneth Ho said she had participated to encourage people to vote in a big turnout that the world could not ignore. Photo Handout.

Owen Chow was the only one in court among the three defendants who initiated the “Inked without Regret” declaration, as the other two had pleaded guilty earlier. Photo: Facebook

Tat Cheng claimed in his defence that he had expressed disagreement with the others, but his view was not accepted. Photo: Elson Li

The court found Raymond Chan was fully aware of the power of securing a majority in Legco despite his absence in coordination meetings. Photo: Elson Li

Kalvin Ho claimed it was his understanding that the declaration did not bind candidates into vetoing government budgets. Photo: Sam Tsang

The court ruled that Sze Tak-loy wanted to gain support by undertaking to veto budgets and “stay true to the progressive stance”. Photo: Elson Li

Clarisse Yeung did not expressly bundle the blocking of budgets together with protesters’ demands. Photo: Sam Tsang

The court did not find Michael Pang “unlikely to have any intention to act together with others to veto the budgets or to undermine the government”. Photo: Elson Li

The judges rejected the testimony of Ricky Or’s election manager, who said the defendant was “very busy” and did not closely follow political developments. Photo: Yik Yeung-man

The judges ruled that Winnie Yu had an aim to help bring about a “sea change in the political system” and was not prepared to compromise. Photo: Edward Wong

Leung Kwok-hung was fully aware of the dire consequence of persistently vetoing the budgets by the majority members of the Legco, the court found. Photo: Sam Tsang

The judges said Helena Wong knew that the chief executive would never accede to the protesters’ demands, and indiscriminate vetoing would lead to a potential constitutional crisis. Photo: Elson Li

Lam Cheuk-ting was fully aware of the objective of the unofficial primary, and agreed to his party’s stance on vetoing budgets, according to the judgment. Photo: K. Y. Cheng

The court did not accept Gordon Ng’s defence that he disagreed with the election plot. Photo: Facebook 

News

Hong Kong

Law and Crime

Politics

Prosecutors file appeal over acquittal of barrister Lawrence Lau but will not pursue second defendant cleared, social worker Lee Yue-shun


Prosecutors file appeal over acquittal of barrister Lawrence Lau but will not pursue second defendant cleared, social worker Lee Yue-shun.


Prosecutors to appeal 1 of 2 acquittals in trial of Hong Kong 47

.css-1mniedq{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;}Prosecutors file appeal over acquittal of barrister Lawrence Lau but will not pursue second defendant cleared, social worker Lee Yue-shun

Prosecutors file appeal over acquittal of barrister Lawrence Lau but will not pursue second defendant cleared, social worker Lee Yue-shun