BREAKING: Hong Kong justice dept. to launch appeal bid against 2 democrats cleared of subversion charge

Hong Kong Free Press

Hong Kong’s Department of Justice has launched a bid to appeal the acquittal of two pro-democracy figures, who were found not guilty of conspiring to commit conspiracy over their roles in an unofficial primary election in July 2020.

Lee yue-shun walks out the West Kowloon Law Courts Building after a panel of judges found him not guilty of being involved in a conspiracy to commit subversion under the Beijing-imposed national security law, on May 30, 2024. Photo: Kyle Lam/HKFP.

Lawrence Lau and Lee Yue-shun were acquitted by a panel of three High Court judges on Thursday morning – becoming the first two people tried under the Beijing-imposed security law to be cleared of their charges.

Director of public prosecutions Maggie Yang on Thursday afternoon said that she had received instruction from Secretary for Justice Paul Lam that the justice department would seek to appeal the acquittal of Lau and Lee.

Barrister Lawrence Lau walks out the West Kowloon Law Courts Building after a panel of judges found him not guilty of being involved in a conspiracy to commit subversion under the Beijing-imposed national security law, on May 30, 2024. Photo: Hans Tse/HKFP.

Lee and Lau, who were both on bail ahead of Thursday’s verdict hearing in the national security case involving 47 democrats, had their bail conditions extended pending the outcome of the appeal bid.

Representing Lee, barrister Steven Kwan said the judges had ruled that his client’s testimony had a “ring of truth” and the prosecution may only challenge the acquittal by raising a question of law. The lawyer said the court should consider the chances of success of the appeal before subjecting Lee to a list of bail conditions pending appeal.

Kwan also said there should be an “end point” of the bail terms. Given the prosecution had 14 days from the verdict to file an appeal bid, Kwan asked if the bail terms should end after two weeks.

A ‘lethal constitutional weapon’

The primary poll at the centre of the case, held just weeks after Beijing’s national security law came into effect, was designed to help the city’s pro-democracy camp determine which candidates would be best placed to help them win a controlling majority in an upcoming Legislative Council election.

A long line of people waiting to get into the West Kowloon Law Courts Building on May 30, 2024, where three judges will deliver their verdict to 16 defendants involved in the city's largest national security case. Photo: Kyle Lam/HKFP — A long line of people waiting to get into the West Kowloon Law Courts Building on May 30, 2024, where three judges will deliver their verdict to 16 defendants involved in the city’s largest national security case. Photo: Kyle Lam/HKFP

Prosecutors alleged that the democrats saw a legislative majority as a “lethal constitutional weapon“ and intended to abuse the powers conferred to lawmakers by the city’s mini-constitution to indiscriminately veto bills, forcing the chief executive’s resignation and a government shutdown.

During the trial, the prosecution cited three main documents to argue their case against the democrats, including an online declaration known as “Resolute Resistance, Inked Without Regret,” which was signed by 33 defendants who ran in the primary election.

Signatories endorsed the five demands made by Hong Kong protesters in 2019, and said they intended to use the power conferred to lawmakers under the Basic Law to compel the chief executive to respond to those demands, including by vetoing the budget.

A Correctional Services Department vehicle pulls into the West Kowloon Law Courts Building on May 30, 2024, where three judges will deliver their verdict to 16 defendants involved in the city's largest national security case. Photo: Kyle Lam/HKFP. — A Correctional Services Department vehicle pulls into the West Kowloon Law Courts Building on May 30, 2024, where three judges will deliver their verdict to 16 defendants involved in the city’s largest national security case. Photo: Kyle Lam/HKFP.

After Thursday morning’s verdict, the 14 found guilty now join 31 former lawmakers and activists who earlier pleaded guilty to that charge in awaiting sentencing. The maximum penalty is life in prison, while the minimum sentence – under a three-tier system laid out by the security legislation – is “fixed term imprisonment of not more than three years, short-term detention or restriction.”

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.