Hong Kong’s Court of Appeal on , delivered a significant blow to the pro-democracy movement, rejecting the appeals of 12 individuals convicted under the city’s National Security Law. The ruling, stemming from the case known as ‘HK47’, upholds the jail sentences initially handed down in a landmark trial that has drawn international scrutiny. Simultaneously, the court affirmed the acquittal of one defendant, Lawrence Lau Wai-chung.
The ‘HK47’ case centers around a primary election held in , where pro-democracy candidates sought to select nominees for Legislative Council elections. Authorities alleged that the primary’s objective was to subvert the government by attempting to secure a majority in the Council, ultimately paralyzing the administration and forcing the Chief Executive to resign. Forty-seven individuals were initially charged with conspiracy to commit subversion, a crime under the National Security Law imposed by Beijing in .
Of those charged, 31 pleaded guilty, while 16 contested the charges. The court previously convicted 14 of the defendants who pleaded not guilty, sentencing them to terms ranging from four to ten years in prison. Two defendants were acquitted. Monday’s ruling pertains to the appeals filed by the 14 convicted individuals, with the court dismissing all 12 appeals and confirming the original sentences. The acquittal of Lau Wai-chung was also upheld following an appeal from the prosecution, according to reports.
The National Security Law has been widely criticized for its broad definitions of subversion, secession, terrorism, and collusion with foreign forces, and for its impact on civil liberties in Hong Kong. Critics argue that the law has been used to suppress dissent and erode the autonomy promised to Hong Kong under the “one country, two systems” framework. Amnesty International Hong Kong Overseas spokesperson Fernando Cheung stated that the court’s decision “underlines the grave state of human rights in Hong Kong and once again demonstrates the politically motivated nature of the Hong Kong 47 case.”
Cheung further emphasized that none of the defendants committed internationally recognized crimes, asserting that their sentences were a consequence of exercising fundamental rights to freedom of expression, association, and political participation. The organization also raised concerns about recent denials of early release for at least eight defendants in the case, citing new national security justifications under the recently enacted ‘Article 23’ legislation in . This legislation, similar to the National Security Law, is seen as further weaponizing legal mechanisms to suppress dissent, even retroactively.
The introduction of ‘Article 23’ appears to be tightening the restrictions on individuals previously convicted under the National Security Law. Amnesty International notes a departure from established practice in Hong Kong, where early release was previously more readily granted. The denial of early release based on vague national security concerns signals a hardening of the government’s stance and a further curtailment of legal avenues for those convicted under these laws.
The ‘HK47’ case represents the largest prosecution under the National Security Law to date. The scale of the charges and the severity of the sentences underscore the far-reaching implications of the law for Hong Kong’s political landscape. The rejection of the appeals effectively closes a significant chapter in the legal proceedings, but the broader implications for freedom of expression and political participation in Hong Kong remain profound.
The case has also prompted international responses, with concerns raised by governments and human rights organizations about the erosion of democratic norms in Hong Kong. The United Kingdom has expanded its settlement visa program for Hong Kongers in response to the sentencing of Jimmy Lai, a pro-democracy media mogul, and the broader crackdown on dissent. The UK’s move reflects a growing willingness to provide refuge for those fleeing political persecution in Hong Kong.
The legal proceedings have been closely watched by observers concerned about the future of Hong Kong’s autonomy. The outcome of the ‘HK47’ appeals reinforces the perception that the legal system is increasingly aligned with Beijing’s political objectives, raising questions about the fairness and impartiality of future trials involving politically sensitive cases. The failure to overturn the convictions and sentences represents, according to Amnesty International, a “missed critical opportunity to correct this mass injustice.”
The long-term consequences of the ‘HK47’ case and the broader application of the National Security Law are likely to be significant. The chilling effect on political activism and dissent could further erode Hong Kong’s vibrant civil society and limit the space for independent voices. The case serves as a stark reminder of the challenges facing those who advocate for greater democracy and autonomy in Hong Kong.
