Court rejects appeal of 12 pro-democracy activists in ‘Hong Kong 47’ national security case

High profile ‘Hong Kong 47’ case was largest to be brought under national security law

A court in Hong Kong dismissed all appeals by 12 pro-democracy activists after they were convicted in the city’s largest case brought under the national security law.

The appeal stems from the "Hong Kong 47" case, where many leading pro-democracy activists and politicians were arrested en masse in early 2021 and charged with conspiracy to commit subversion. Following marathon legal proceedings, most of the democrats were eventually sentenced in late 2024 to between 4 and 10 years' imprisonment, with two others acquitted.

Former lawmakers, district councillors, academics, and activists were among the prominent figures charged. They included Benny Tai, a legal scholar accused of orchestrating the primaries; activist Joshua Wong; and veteran opposition lawmakers Claudia Mo, Helena Wong, Kwok Ka-ki and Leung Kwok-hung, popularly known as “Long Hair”.

On Monday, three Court of Appeal judges upheld the convictions and jail terms of the activists at the West Kowloon Law Courts Building.

Thirty-one of the 47 pleaded guilty to the charge, while 16 pleaded not guilty. Two of them were acquitted.

Eleven activists lost appeals against their convictions, while the court also dismissed all sentence appeals.

Pro-democracy activist Lawrence Lau Wai-chung arrives at the West Kowloon Law Courts Building ahead of the national security appeal cases, in Hong Kong (AP)

The judges also rejected the government’s appeal against the acquittal of barrister and democracy activist Lawrence Lau, meaning he remains cleared of the charge.

Of the 12 activists who lodged appeals, former journalist Gwyneth Ho sought only to overturn her conviction, while 10 others – including former lawmaker Leung Kwok-hung and activist Owen Chow –challenged both their convictions and sentences.

The 12 defendants entered the court shortly before the hearing began at 10am on Monday, many appearing spirited. They smiled and waved at friends and family members seated in a packed public gallery.

Those who had been charged and had already completed their sentences were also seen in the gallery. Some residents had stayed outside the court building in line since Saturday to secure a seat in the courtroom.

The mass prosecution centred on opposition leaders’ and activists’ participation in self-organised “primaries” for the 2020 Legislative Council elections, which were ultimately postponed by authorities on Covid-19 grounds before a new electoral system that strictly vetted who could stand for office was introduced.

Chan Po-ying, wife of Leung Kwok-hung, one of the defendants in the national security case and the former chairperson of the now-disbanded League of Social Democrats speaks to journalists outside the West Kowloon Law Courts Building after the national security appeal cases, (AP)

Authorities argued that their plan to win a majority and potentially veto the government budget amounted to an attempt to paralyse the government. Tai received the heaviest jail sentence of 10 years after the lower court described him as the mastermind.

“The scheme was conceived, advocated and pursued by [Tai] as a ‘constitutional mass destruction weapon’ for the purpose of toppling the constitutional order in Hong Kong,” Judge Jeremy Poon said during Monday’s hearing.

“A LegCo [Legislative Council] member could not act in contravention of the overarching constitutional duty of upholding the constitutional order in Hong Kong,” the judge said. “If a LegCo member joined the scheme … he must have necessarily acted in breach of such constitutional duty.”

The judges also rejected arguments that the defendants did not receive a fair trial due to excessive judicial intervention.

Staff members of the West Kowloon Magistrates' Courts raise a China national flag outside West Kowloon Law Courts Building ahead of the national security appeal cases (AP)

Leung's wife, Chan Po-ying, also an activist but unrelated to the case, said the ruling was not based on facts, arguing the defendants' acts were in line with the city's mini-constitution, the Basic Law.

“It already presumed these people had intended to subvert the state's power,” she said.

Amnesty International said the court had “missed a critical opportunity to correct this mass injustice”.

“Peaceful opposition to a government is not a crime, and all remaining jailed members of the Hong Kong 47 should be released immediately and unconditionally,” Amnesty International Hong Kong Overseas spokesperson Fernando Cheung said.

“None of these 12 defendants committed an internationally recognised crime; they have been serving lengthy sentences simply for exercising their rights to freedom of expression, association and participation in public affairs,” he added.

The trial reignited concerns about Hong Kong’s diminishing freedoms. Critics argue the security law has been weaponised to suppress political opposition. Western governments and human rights organisations have repeatedly criticised the law, calling it a tool for eroding civil liberties.