Court grants 11 final appeal certificates in 35+ case
Bastillepost · 1 SOURCESabout 1 hour ago2 MIN
Summary
Hong Kong’s Court of Appeal has formally granted certificates allowing 11 defendants in the “35+ subversion case” to pursue final appeals to the Court of Final Appeal. The case involved 47 defendants, of whom 45 were convicted after trial of conspiracy to commit subversion and sentenced to prison terms ranging from four years and two months to 10 years. A total of 12 defendants had earlier appealed against conviction and sentence, while the Department of Justice separately appealed the acquittal of Lau Wai-chung; all those appeals were dismissed in February 2026. The 11 defendants who are now seeking final appeal have also directly applied to the top court for leave, with hearings pending listing
Key Points
- The appellate panel was made up of Chief Judge of the High Court Jeremy Poon Shiu-chor, Vice President of the Court of Appeal Derek Pang Wai-cheong and Justice Anthea Pang Yiu-hau
- The 11 applicants are Lam Cheuk-ting, Leung Kwok-hung, Wong Pik-wan, Chan Chi-chuen, Chow Ka-shing, Yeung Suet-ying, Winnie Yu Wai-ming, Gwyneth Ho Kwai-lam, Ng Ching-heng, Henry Cheng Tat-hung and Ho Kai-ming
- The certificates identify five legal questions, including the proper interpretation of “other unlawful means” under the Hong Kong National Security Law subversion offence
- The certified questions also cover whether the ejusdem generis principle applies, whether “plotting” can amount to unlawful means, and whether a “series of acts” is prohibited conduct
- Another issue is whether intending to trigger the Basic Law Articles 50 to 52 mechanism through repeated budget vetoes and a chief executive’s resignation could show the required subversive intent
Why It Matters
The certified questions go to how Hong Kong courts interpret the scope of the subversion offence under the National Security Law, especially the meaning of unlawful means and intent. A Court of Final Appeal ruling could therefore shape how future national security prosecutions are argued and decided in Hong Kong