Enterprise & Industry

Hong Kong court dismisses appeal of 12 activists over landmark subversion case

Appeals dismissed in city's largest subversion case, upholding 2024 ruling on unofficial primary election.

Deep Dive

A Hong Kong court has delivered a significant ruling in the city's most prominent national security case, dismissing appeals from 12 opposition activists convicted of subversion. The Court of Appeal upheld the 2024 verdict that found their participation in an unofficial 2020 primary election constituted a conspiracy to subvert state power, breaching the national security law imposed by Beijing in 2020. The court maintained that the scheme represented a 'grand strategy of subversion' aimed at creating a constitutional crisis by blocking government budgets, and that the seven-year starting point for jail terms was not 'manifestly excessive.'

This case involves 47 activists originally prosecuted, with sentences ranging from four years and two months to ten years. Among them, 12 sought to appeal their convictions or reduce their sentences, but all appeals were dismissed. The court also upheld the acquittal of barrister Lawrence Lau Wai-chung, though the Hong Kong government announced the Department of Justice would study the judgment and consider appealing his acquittal. A government spokesman stated the ruling 'clearly demonstrated that anyone who attempts to subvert state power or endanger national security will ultimately face punishment in accordance with the law.'

The legal proceedings stem from a 2020 primary election organized by pro-democracy activists to select candidates for the since-postponed Legislative Council election. The lower court ruled this constituted a subversive act under the national security law, which criminalizes secession, subversion, terrorism, and collusion with foreign forces. This appeal decision reinforces the broad application and judicial interpretation of the national security legislation, setting a precedent for how political organizing is assessed under the law. The ruling comes amid ongoing scrutiny of Hong Kong's legal autonomy and the impact of the national security law on political dissent.

Key Points
  • Court dismissed all appeals by 12 activists convicted under national security law
  • Upheld ruling that 2020 unofficial primary election was subversive act
  • Government considering appeal of acquittal for one defendant among original 47 charged

Why It Matters

Reinforces broad application of national security law and sets precedent for political cases, impacting Hong Kong's legal landscape.