Top court bid cleared for 11 jailed democrats
Thestandard · 2 SOURCESabout 2 hours ago2 MIN
Summary
Hong Kong’s Court of Appeal on Monday granted 11 jailed opposition politicians and activists leave to take their challenge over convictions or sentences in the landmark “35+” national security case to the Court of Final Appeal. The appellate court said five legal questions raised by the case were substantial and of great general importance, particularly because they concern the line between criminal conduct and a lawmaker’s constitutional powers and duties in Hong Kong.
Key Points
- The 11 appellants are Clarisse Yeung Suet-ying, Helena Wong Pik-wan, Owen Chow Ka-shing, Winnie Yu Wai-ming, Gwyneth Ho Kwai-lam, Lam Cheuk-ting, Gordon Ng Ching-hang, Tat Cheng Tat-hung, Jonathan Ho Kai-ming, Raymond Chan Chi-chuen and Leung Kwok-hung.
- Gwyneth Ho is understood to be challenging only her conviction, while the other 10 appellants are seeking to overturn both their convictions and prison terms.
- In a written judgment on Monday, the Court of Appeal identified five legal issues for possible review, including the meaning of “other unlawful means” and whether using the Basic Law veto mechanism can show subversive intent.
- The judges said the issues were of “great and general importance” because they touch on the boundary between criminal liability and the exercise of legislators’ constitutional duties, powers and functions.
- The case arose from the 2020 unofficial primary linked to the opposition’s “Project 35+” plan to win a Legislative Council majority and block government budgets; 45 defendants were convicted and jailed for between four years and two months and 10 years.
Why It Matters
The ruling does not guarantee a full hearing, because the Court of Final Appeal still has to decide whether to let the 11 appellants proceed. Any top court review would be the first time Hong Kong’s apex court examines these national security questions, including how far legislators may use constitutional powers without crossing into subversion.