Hong Kong National Security Law: Activist Appeals Dismissed, Lau Acquittal Stands

Hong Kong’s Court of Appeal on Monday upheld the convictions and jail terms of 12 activists involved in a landmark national security case stemming from a 2020 pro-democracy primary election, effectively extinguishing their appeals. The decision, delivered at the West Kowloon Law Courts Building, solidifies the government’s crackdown on dissent following widespread protests in 2019.

The case centers around 47 opposition figures arrested in January 2021 and accused of conspiring to commit subversion by attempting to secure a legislative majority through an unofficial primary. The aim, prosecutors argued, was to paralyze the government by vetoing budget proposals and ultimately force concessions on democratic reforms, including universal suffrage. In May 2024, a court found 45 of the defendants guilty, with legal scholar Benny Tai receiving a 10-year sentence – the heaviest handed down in the case.

While the appeals of the 12 activists were dismissed, the court surprisingly rejected the government’s attempt to overturn the acquittal of barrister and democracy activist Lawrence Lau. So Lau remains free from the charge of subversion. Lau, arriving at court Monday morning, was photographed holding a copy of “Listening to the Law” by US Supreme Court Justice Amy Coney Barrett, a detail noted by observers.

The three judges presiding over the appeal – Jeremy Poon, Anthea Pang, and Derek Pang – justified their decision by characterizing the primary election as a deliberate attempt to undermine Hong Kong’s constitutional order. “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 Poon stated during the hearing, according to reports. The judges also dismissed arguments that the trial was unfair due to judicial intervention and that the seven-year starting sentence imposed on some defendants was excessive.

The courtroom was filled with supporters of the defendants, including several former co-defendants who have already completed their prison terms, such as Lester Shum, Jimmy Sham, Fergus Leung, Frankie Fung, and Henry Wong. Many of those present waved to the defendants as they were led into the dock. Outside the courthouse following the ruling, Lau told reporters he was “cheered” by the decision to uphold his acquittal, but declined to elaborate. When questioned about the possibility of a further appeal by the government, he stated in Cantonese, “The Department of Justice is the gatekeeper of the law.” The Washington Post and Hong Kong Free Press HKFP both reported on the court’s decision.

The 12 activists who appealed the original verdicts included Raymond Chan, Tat Cheng, Owen Chow, Gwyneth Ho, Kalvin Ho, Lam Cheuk-ting, Leung Kwok-hung, Gordon Ng, Helena Wong, Wong Ji-yuet, Clarisse Yeung, and Winnie Yu. Gwyneth Ho appealed only her conviction, while the others challenged both their convictions and sentences. Activist Wong Ji-yuet, who had previously pleaded guilty, appealed her sentence specifically.

The outcome of Monday’s appeals underscores the continued erosion of political freedoms in Hong Kong under the National Security Law imposed by Beijing in 2020. The law, which criminalizes secession, subversion, terrorism, and collusion with foreign forces, has been widely criticized for its broad scope and its impact on dissent. The Department of Justice has not yet indicated whether it will pursue a further appeal regarding Lawrence Lau’s acquittal, leaving his legal standing – and the broader implications of the ruling – in a state of uncertainty.