Hong Kong court to hear appeals from 13 jailed democrats and gov't in landmark nat. security case
Monday marks the beginning of the appeal proceedings for the case, in which 45 democrats were convicted last year for conspiring to commit subversion over their participation in an unofficial 2020 primary election.
The group – including Hong Kong's most prominent pro-democracy activists, who represented a cross-section of the city's opposition camp – were charged under the Beijing-imposed national security law. Only two out of the 47 were acquitted.
Three Court of Appeal judges – Jeremy Poon, Anthea Pang, and Derek Pang – will preside over the appeal proceedings, which are scheduled to last for 10 working days.
They will hear appeals against convictions and sentences faced by 12 defendants, including ex-lawmaker 'Long Hair' Leung Kwok-hung and journalist-turned-activist Gwyneth Ho.
The dozen were found guilty after trial and, last November, were sentenced to prison terms ranging from six-and-a-half years up to seven years and nine months.
Wong Ji-yuet, who pleaded guilty and was sentenced to four years and five months behind bars, will seek to appeal her sentence.
The court will also hear an appeal from the government against the acquittal of ex-district councillor Lawrence Lau.
One of the defendants, 'Fast Beat' Tam Tak-chi, dropped his appeal against his sentence last week. He was sentenced to four years and five months after pleading guilty during the trial.
Proceedings to be held in West Kowloon
The judiciary announced last week that the appeal proceedings will take place in the city's largest courtroom, located in the West Kowloon Law Courts Building, instead of the High Court, where Court of Appeal proceedings are normally held.
Forty-seven seats will be reserved for the public gallery of the main courtroom on Monday, with extra seats arranged in extension courtrooms where live broadcasts of the proceedings will be relayed, the judiciary said.
As of 7.45am on Monday, a queue of around 40 people had formed outside West Kowloon Magistrates' Courts.
Dozens of police officers and police dogs were on patrol in the area, with a police cordon set up to regulate the queue, where members of the public were lining up for tickets into the public gallery of the courtroom.
Vera, in her 70s, secured the first spot in the queue after arriving at the courthouse in Sham Shui Po at 4pm on Sunday.
She told HKFP that she had been following the case since it began in 2021 and decided to arrive early because she was worried that there would be 'paid queuers.' But the line remained short overnight until around 6am on Monday, she said.
'I hope I can come every day, but after lining up overnight, I'm a little worried that my body won't allow it,' she said.
Police conducted searches on some people who were in line for tickets to the public hearing. Their belongings, including books, were inspected by officers, while their IDs were also checked.
Vehicles entering the courthouse were stopped by the police for inspection before they were allowed into the building. Drivers were asked to step out of their cars and open the trunks, while a police dog and officers checked the vehicles.
Former district councillor Lee Yue-shun, one of the defendants in the case whose acquittal was not challenged by the Department of Justice, arrived at the courthouse at around 8.30am for a ticket to the public gallery.
47 democrats
The 47 democrats were arrested and charged in 2021 over their roles in the unofficial primary election, which aimed to shortlist candidates in order to win an opposition majority in the city's legislature.
The group planned to veto the government's budget once elected, ultimately forcing the resignation of the chief executive and a government shutdown.
Three judges presiding over the trial ruled last year that the democrats had abused their constitutional powers and would have caused a 'constitutional crisis' if their scheme came to fruition.
Ex-law professor Benny Tai, who the judges described as the 'mastermind' of the scheme, received the heaviest sentence and was jailed for a decade.
Eight of the group have already completed their jail sentences, while 37 remain in prison.
Beijing inserted national security legislation directly into Hong Kong's mini-constitution in June 2020 following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts – broadly defined to include disruption to transport and other infrastructure. The move gave police sweeping new powers and led to hundreds of arrests amid new legal precedents, while dozens of civil society groups disappeared. The authorities say it restored stability and peace to the city, rejecting criticism from trade partners, the UN and NGOs.
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