Hong Kong 47: 11 jailed democrats granted permission to appeal to top court

Eleven prominent pro-democracy figures, convicted in the landmark "Hong Kong 47" national security case, have won the right to appeal their sentences at the city's highest court. The Court of Appeal on Monday granted a certificate allowing the activists, jailed for conspiracy to commit subversion, to take their case to the Court of Final Appeal.

The decision by the three appellate judges, led by Chief Judge Jeremy Poon, acknowledged that the activists' appeals "merit the consideration by the Court of Final Appeal." This marks a significant moment, as it is the first time Hong Kong's apex court will review cases related to the Beijing-imposed national security law.

The "Hong Kong 47" case involved 45 defendants convicted in May 2024 for their roles in an unofficial primary election held in 2020. The aim of the primary was to consolidate the pro-democracy camp's strength to potentially gain a legislative majority and use it to veto government budgets, thereby pushing for political demands like universal suffrage. Judges had previously ruled that the success of this scheme would have led to a "constitutional crisis."

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The three appellate judges, led by Chief Judge of the High Court Jeremy Poon, were convinced the activists’ appeals “merit the consideration by the Court of Final Appeal, in particular when it is the first occasion they are to be determined by our apex court.”

Among those granted permission to appeal are well-known activists such as Clarisse Yeung, Helena Wong, Gwyneth Ho, and Leung Kwok-hung. These individuals were arrested and charged in 2021. While 12 defendants had previously appealed their convictions or sentences, their bids were rejected by the Court of Appeal in February. The government's attempt to challenge the acquittal of lawyer Lawrence Lau was also rejected.

The national security legislation, directly inserted into Hong Kong's mini-constitution in June 2020 following widespread pro-democracy protests, criminalizes acts of subversion, secession, collusion with foreign forces, and terrorism. Authorities maintain the law has restored stability, dismissing criticism from international bodies and trade partners.

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If their scheme succeeded, it would have resulted in a “constitutional crisis.”