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Jeffie Lam

Lilian Cheng

Despite only being a bail hearing, the attention generated by the marathon proceedings surrounding the fate of 47 Hong Kong opposition activists has been unprecedented.
After 28 hours spread over four days, a city court finally decided on Thursday night to grant bail to 15 of the defendants charged with subversion under the national security law, but prosecutors immediately appealed against the decision.
That appeal meant those granted bail remained in custody, a move that triggered condemnation from the defendants’ supporters, family members and human rights groups.
Here are the key details of the landmark proceedings and what the outcomes could mean for the city’s opposition.

What was the case about and how was it different from other hearings?
A total of 47 opposition activists and former lawmakers, who either organised or joined the camp’s internal primaries last year for the now-postponed Legislative Council elections, were charged with violating Article 22(3) of the national security law by conspiring to “subvert state power” last Sunday.
The clause states that anyone who “organises, plans, commits or participates in acts which seriously interfere in, disrupt, or undermine the performance of duties and functions by the local and central governments by force or threat of force or other unlawful means with a view of subverting state power shall be found guilty”.
Prosecutors said the plan to secure a majority in the legislature was part of a wider push by the opposition to paralyse the government, with the aim of “indiscriminately” blocking budgets, forcing the chief executive to dissolve Legco and ultimately causing the city’s leader to resign.
It was highly unusual for the courts to deal with so many defendants at once, as was the length of the hearing and having so many prominent members of the opposition in the dock at the same time.


Who was granted bail?
Chief Magistrate Victor So Wai-tak decided to grant bail to 15 of the 47 defendants, including former lawmakers Helena Wong Pik-wan, Jeremy Tam Man-ho and Kwok Ka-ki, alongside barrister Lawrence Lau Wai-chung and merchant Mike Lam King-nam.
They were placed on cash bonds of up to HK$1 million (US$129,000) and ordered to observe stringent conditions including a universal election ban, a travel ban, and a midnight to 7am curfew every day.
They were also banned from contacting foreign politicians or officials as well as making speeches or engaging in acts that might “reasonably be regarded” as constituting an offence under the national security law.
Former opposition lawmakers Alvin Yeung Ngok-kiu, formerly with the Civic Party; Lam Cheuk-ting, Andrew Wan Siu-kin, both with the Democratic Party; and the Council Front’s Claudia Mo Man-ching were among those denied bail.
However, the bailed defendants remained in custody because prosecutors immediately lodged an appeal against the decision. The Criminal Procedures Ordinance stipulates that the case must be brought before a judge “as soon as practicable”, or within 48 hours from the suspension of the bail decision.
All people previously charged under the sweeping Beijing-imposed legislation – including media tycoon Jimmy Lai Chee-ying, who was charged with collusion with foreign forces – had been remanded while awaiting trial.

Why has the marathon hearing been controversial?
In total, the court took four days to decide whether to grant bail to the 47 activists, an arrangement that legal scholars and defence lawyers said was unsatisfactory in terms of both the treatment of the defendants and procedural efficiency.
Defence lawyers also accused authorities, who asked the court to deny bail but also revealed police needed at least three more months for the investigation, of abusing their power to lock up the activists even though they were not yet ready to prosecute.
None of the defendants had been able to have a change of clothes since being detained on Sunday, because of complicated prison procedures that prevented their families from bringing them fresh items to wear.
The first day of prolonged legal proceedings, which ran beyond midnight, also saw one of the accused, Clarisse Yeung Suet-ying, 34, faint in the courtroom. A number of other defendants were also hospitalised.

What happened outside the court?
While large-scale protests have not taken place in Hong Kong over the past year because of the social-distancing measures imposed in light of the coronavirus pandemic, and the deterrent of the national security law, the crowd outside West Kowloon Court over the past four days gave many a sense of déjà vu.
Hundreds of supporters, mostly dressed in the black garb associated with the 2019 anti-government protests, formed a long queue all day on Monday in a bid to attend the hearing inside.
They also displayed banners and chanted slogans demanding the “release [of] all political prisoners” and others such as “Liberate Hong Kong; revolution of our times” – a rallying cry authorities have deemed separatist, prompting the police to hold up flags cautioning them about national security offences.
While the crowd shrank over the next few days, residents sympathetic to their cause were also seen bringing along bottled water, hot drinks, snacks and hand warmers for those waiting outside the court amid chilling winds, a scene reminiscent of the Occupy Central movement in 2014.
Diplomats from Britain, the United States, Canada, Germany, the Netherlands, Sweden and the European Union were also among those in line, reflecting the international attention the case had attracted.
What concerns the defendants the most now, is not whether they can still participate in politics, but … what kind of sacrifice they must make in exchange for their personal freedoms
Professor Ray Yep, City University
What arguments did the defendants make for bail?
In a dramatic development, seven defendants – Alvin Yeung, Kwok Ka-ki, Jeremy Tam and Lee Yue-shun of the Civic Party, the Democratic Party’s Lam Cheuk-ting, Wan Chai district council chairwoman Clarisse Yeung, and former journalist Gwyneth Ho Kwai-lam – fired their lawyers on Wednesday night so they could make personal appeals before the presiding judge.
While their speeches were subject to reporting restrictions, party sources revealed that four members of the Civic Party had quit the group, a move seen by some as an attempt to prove they had cut their political ties entirely and would not reoffend.
Unionist Carol Ng Man-yee also resigned from the Labour Party, according to sources from the camp.
Localist Ventus Lau Wing-hong also announced through his lawyer that the Hong Kong Civil Assembly Team he led – which organised several large rallies during the 2019 protests – had been disbanded with immediate effect on Wednesday.
His account on Facebook was also deactivated on Thursday.

What are the political implications of the hearing?
From defendants quitting their political parties, to the stringent bail conditions laid down by the court, some political scholars said the hearing showed that Hong Kong’s opposition was being decimated.
Of the 47 arrested, 12 were previously lawmakers, and more than 20 were district councillors. Political rising stars from both the traditional pan-democratic parties, including barrister Alvin Yeung and ex-pilot Jeremy Tam, as well as Joshua Wong Chi-fung, Lester Shum and Owen Chow Ka-shing of the more confrontational localist front were also locked up.
People found guilty of subversion can be sentenced to life in prison, with a range of other punishments also available, from short-term detention to sentences where three to 10 years behind bars are required.
Professor Ray Yep Kin-man, a City University political scientist, said under the current climate in which Beijing was seeking to quash all organised opposition, it would not be a surprise if no leniency was given to the defendants.
“But what concerns the defendants the most now, is not whether they can still participate in politics, but rather what kind of sacrifice they must make in exchange for their personal freedoms,” Yep said.
Another political commentator, Chinese University’s Ma Ngok, said in light of the latest situation, it appeared as if almost every opposition activist was either quitting, or was being banned, from local politics.
“The bail condition carries a lot of restrictions over their freedom of speech and political rights,” he said.
While he also cast doubt over the legality of banning them from elections, the Executive Council’s Ronny Tong Ka-wah, himself a senior counsel, believed it was only natural to forbid them from contacting foreign officials or taking part in elections, as their cases were related to the unofficial primary election.
“If they are proven to be not guilty in the end, they are always welcome to participate in local politics again,” he said.


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Supporters of the 47 former opposition lawmakers and activists gather and chant slogans outside the West Kowloon Court on Monday. Photo: Nora Tam

Mike Lam King-nam, founder of AbouThai, reports to police at Ma On Shan Police Station. 28FEB21 SCMP/ Sam Tsang

Supporters for the 47 former opposition lawmakers and activists charged with conspiring to subvert state power under Hong Kongâs national security law queue up (for seats at the hearing) at West Kowloon Magistratesâ Courts. 03MAR21 SCMP/ Winson Wong

Alvin Yeung Ngok-kiu arrive at the Lai Chi Kok Reception Centre in Lai Chi Kok. He charged with conspiring to subvert state power, after arrests over roles in blocâs primary. 02AR21 SCMP/ Winson Wong

47 former opposition lawmakers and activists leave at the Lai Chi Kok Reception Centre in Lai Chi Kok. They charged with conspiring to subvert state power, after arrests over roles in blocâs primary. 02MAR21 SCMP/ Winson Wong

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Fifteen of the group were granted bail but remain in custody after prosecutors appealed decision
Unprecedented length of court proceedings generated attention at home and abroad, and full implications of cases are unknown



Fifteen of the group were granted bail but remain in custody after prosecutors appealed decision. The unprecedented length of court proceedings generated attention at home and abroad and full implications of cases are unknown.


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Hong Kong politics

Hong Kong courts

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