• 11/27/2024

4 Hong Kong democrats seek to challenge conviction and sentence in landmark subversion case

Hong Kong Free Press

47 democrats appeal

Four Hong Kong democracy campaigners who were jailed for up to seven years and nine months in the city’s largest national security case to date have sought to challenge their convictions and sentences.

Helena Wong arrives at Hong Kong's West Kowloon Law Courts Building to hear his verdict, on May 30, 2024.
Helena Wong arrives at Hong Kong’s West Kowloon Law Courts Building to hear his verdict, on May 30, 2024. Photo: Kyle Lam/HKFP.

The High Court on Tuesday received appeal applications from activist Owen Chow, former lawmaker Helena Wong, ex-district councillor Clarisse Yeung and former union leader Winnie Yu, local media reported on Wednesday. They were found guilty and jailed after a 118-day trial over a conspiracy to commit subversion.

The appeal bids were lodged a week after the four faced sentencing alongside 41 democrats, including prominent activist Joshua Wong and former law professor Benny Tai. Their sentences ranged from four years and two months to 10 years behind bars, depending on their roles in a scheme that centred around an unofficial legislative primary election held in July 2020.

As an initiator of an online petition to rally “radical” candidates, Chow received the second longest prison term of seven years and nine months. The 27-year-old activist was ordered to serve his term on top of a jail sentence of around five years, which he received in March for storming the legislative building on July 1, 2019.

Yu was sentenced to six years and nine months, while Wong and Yeung were both jailed for six and a half years.

owen chow
Owen Chow. Photo: Owen Chow, via Facebook.

Their appeal hearings have not been scheduled.

HKFP has reached out to the Department of Justice for confirmation.

  • 45 democrats sentencing
  • 45 democrats sentencing
  • 45 democrats sentencing
  • 45 democrats sentencing
  • 45 democrats sentencing
  • 45 democrats sentencing

At the centre of the case was the July 2020 election primary, through which the opposition camp hoped to identify candidates to help it win majority control of the legislature in an upcoming election.

See also: Who are the 45 Hong Kong pro-democracy figures jailed for subversion? Part I – Primary election organisers, ex-district councillors

Three handpicked judges ruled that the democrats had intended to abuse their powers to indiscriminately veto the government budget and force the chief executive to resign if they had indeed won a majority.

Clarisse Yeung arrives at Hong Kong's West Kowloon Law Courts Building to hear his verdict, on May 30, 2024.
Clarisse Yeung arrives at Hong Kong’s West Kowloon Law Courts Building to hear her verdict, on May 30, 2024. Photo: Kyle Lam/HKFP.

In a 319-page judgement in May, the judges wrote that Tai’s goal was to “undermine, destroy or overthrow the existing political system and structure of [Hong Kong] established under the Basic Law and the policy of One Country, Two Systems.” This would have plunged the city into a “constitutional crisis,” they ruled.

Last Tuesday, Secretary for Security Chris Tang said the sentences reflected the “severity” of the democrats’ offences. The Hong Kong government would consider whether to appeal for longer sentences for some of those jailed, he added.

See also: Who are the 45 Hong Kong pro-democracy figures jailed for subversion? Part II – Activists, ex-lawmakers

The landmark sentencing drew criticism from foreign governments and organisations. The US, which “strongly condemned” the prison terms, said it was “taking steps” to impose new visa restrictions on multiple Hong Kong officials responsible for implementation of the national security law.

Winnie Yu
Winnie Yu, the ex-chairperson of the Hospital Authority Employees Alliance. Photo: Winnie Yu, via Facebook.

The Hong Kong government responded by calling the critics’ remarks “untruthful smearing,” adding the verdicts and jail terms were supported by “irrefutable evidence.”

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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