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Brian Wong

A Hong Kong court has approved a final attempt by 11 jailed opposition politicians and activists to clear their names, following their convictions for conspiracy to commit subversion in a landmark national security trial.
In a written judgment delivered on Monday, the Court of Appeal identified five legal issues that warranted further scrutiny by the Court of Final Appeal over the appellants’ involvement in an unofficial legislative primary election in 2020 and a broader scheme to paralyse the Legislative Council.
Chief Judge of the High Court Jeremy Poon Shiu-chor, appeal justice Derek Pang Wai-cheong and Judge William Tam Yiu-ho of the Court of First Instance acknowledged that the issues were of “great and general importance” because they concerned the boundary between criminal conduct and the exercise of a lawmaker’s constitutional duties, powers and functions.
“They merit the consideration by the Court of Final Appeal, in particular when it is the first occasion they are to be determined by our apex court,” the judgment read.
Despite the ruling, the Court of Final Appeal can still decide whether to permit the 11 appellants to advance their case before the top judges.
The appellants were among 47 opposition figures prosecuted in the largest national security case to date over what the trial court described as a “grand strategy of subversion” by winning a controlling majority in the legislature.
“Project 35+”, the group’s plan for securing 35 seats in the then 70-seat Legco, also aimed to indiscriminately block the government’s budgets in the hope of forcing authorities to accede to popular demands raised during the 2019 anti-government protests, including universal suffrage.
The four organisers of the primary, including former legal scholar Benny Tai Yiu-ting, as well as 27 others who took part as candidates, pleaded guilty before the trial.

Fourteen of the remaining 16 defendants were convicted by three Court of First Instance judges, who were hand-picked by the city leader to adjudicate national security cases. Two were acquitted after trial.
Tai received the stiffest sentence of 10 years’ imprisonment as the mastermind behind the conspiracy, while 44 others received jail terms ranging from four years and two months to seven years and nine months.
Twenty-one of the 45 convicted defendants have completed their sentences.
The 11 appellants include four former lawmakers: Helena Wong Pik-wan, Lam Cheuk-ting, Raymond Chan Chi-chuen and “Long Hair” Leung Kwok-hung.
Also seeking to overturn their convictions are former district councillors Clarisse Yeung Suet-ying, Tat Cheng Tat-hung and Kalvin Ho Kai-ming, as well as activists Gordon Ng Ching-hang, Gwyneth Ho Kwai-lam, Owen Chow Ka-shing and Winnie Yu Wai-ming.
Activist Prince Wong Ji-yuet, who lost an appeal against her 53-month sentence, did not lodge a final appeal.
The five legal issues in contention include the proper interpretation of “other unlawful means” under Article 22 of the national security law, namely, whether it is confined to “acts by force or threat of force” or criminal acts.
The Court of Final Appeal is also expected to examine whether a scheme by a majority of lawmakers to trigger a constitutional mechanism for the chief executive to step down constitutes a subversive act, and whether pursuing such a scheme amounts to an act prohibited by law.
The city’s mini-constitution, the Basic Law, stipulates that the chief executive must resign if the government’s budget is consecutively rejected by two different legislatures.
The remaining two issues require the top court to decide whether the principle of judicial non-intervention in legislative matters applies in the present case, and whether a defendant must have an intent to commit subversion if he intends to cause the city leader to step down by triggering such a mechanism.


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Hong Kong courts

Court approves last attempt by 11 jailed opposition figures to clear their names

Benny Tai was previously sentenced to 10 years’ imprisonment for acting as the chief organiser of the unofficial primary election in 2020. Photo: Winson Wong

The 11 appellants include four former lawmakers, among them Helena Wong. Photo: Elson Li

The High Court building in Admiralty. Photo: Nora Tam

Former district councillor Clarisse Yeung is among the 11 appellants seeking to clear their names after being jailed for conspiracy to commit subversion. Photo: Elson Li

Endanger Hong Kong’s national security and I’ll take you down, Chris Tang warns

Secretary for Security Chris Tang has also accused the HKJA of running a “black box” election. Photo: Sam Tsang

The Hong Kong Journalists Association’s office in Wan Chai. Photo: Jelly Tse

Hong Kong’s Lingnan University student union ceases operations after 6 decades

The Lingnan University campus in Tuen Mun. Photo: Winson Wong

Thursday’s announcement leaves only the  Hong Kong University of Science and Technology with an active student union on campus among the city’s eight publicly funded institutions. Photo: May Tse

City University’s student union remains active but has been operating out of a space in Cheung Sha Wan after being ordered to vacate its campus premises in 2022. Photo: May Tse

News

Hong Kong

Law and Crime

Hong Kong court cites five legal issues deserving further scrutiny over appellants’ involvement in unofficial 2020 primary to take over legislature


Hong Kong court cites five legal issues deserving further scrutiny over appellants’ involvement in unofficial 2020 primary to take over legislature.


Court approves last attempt by 11 jailed opposition figures to clear their names

.css-1c6uqr6{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;overflow-wrap:break-word;}Hong Kong court cites five legal issues deserving further scrutiny over appellants’ involvement in unofficial 2020 primary to take over legislature

Hong Kong court cites five legal issues deserving further scrutiny over appellants’ involvement in unofficial 2020 primary to take over legislature