{"id":6154,"date":"2026-02-23T12:01:27","date_gmt":"2026-02-23T12:01:27","guid":{"rendered":"https:\/\/jubaglobal.com\/?p=6154"},"modified":"2026-05-10T00:25:53","modified_gmt":"2026-05-09T22:25:53","slug":"hong-kong-court-upholds-convictions-in-landmark-hong-kong-47-national-security-case-12-activists-jail-terms-stand","status":"publish","type":"post","link":"https:\/\/directtopic.com\/jubaglobal.com\/hong-kong-court-upholds-convictions-in-landmark-hong-kong-47-national-security-case-12-activists-jail-terms-stand\/","title":{"rendered":"Hong Kong Court Upholds Convictions in Landmark \u2018Hong Kong 47\u2019 National Security Case: 12 Activists\u2019 Jail Terms Stand"},"content":{"rendered":"

<\/p>\n

\nBy: Juba Global News Network | JubaGlobal.com February 23, 2026 \u2013 A major ruling deepens concerns over political freedoms In a decision widely viewed as a<\/span>
\nHong, Kong, Court, Upholds, Convictions<\/span>
\nHong Kong Court Upholds Convictions in Landmark \u2018Hong Kong 47\u2019 National Security Case: 12 Activists\u2019 Jail Term<\/span>\n<\/div>\n

<\/p>\n

By: Juba Global News Network | JubaGlobal.com<\/strong>
February 23, 2026 \u2013 A major ruling deepens concerns over political freedoms<\/em><\/p>\n

\"\"<\/figure>\n

In a decision widely viewed as a definitive consolidation of Hong Kong\u2019s new national security regime, the city\u2019s Court of Appeal on February 21, 2026, unanimously upheld the convictions and prison sentences of all 12 defendants who had appealed their guilty verdicts in the high-profile \u201cHong Kong 47\u201d case. The ruling effectively ends the last major avenue of legal challenge for the group, cementing prison terms ranging from four to ten years for their roles in organizing or participating in an unofficial primary election in July 2020.<\/p>\n

The case\u2014formally known as HKSAR v. Leung Kwok-hung & Others\u2014has become an international symbol of Beijing\u2019s crackdown on dissent following the imposition of the National Security Law (NSL) in June 2020. It remains the largest single prosecution under the legislation, involving 47 pro-democracy figures accused of \u201cconspiracy to subvert state power,\u201d a charge carrying a maximum penalty of life imprisonment.<\/p>\n

Background: The 2020 Primary and the Charges<\/strong><\/p>\n

In mid-2020, amid hopes of contesting Legislative Council (LegCo) elections scheduled for September, a broad coalition of pro-democracy groups organized an unofficial primary to select candidates who could maximize the chance of winning a majority in the legislature. Organizers argued the exercise was a legitimate democratic tool to coordinate strategy under an undemocratic electoral system.<\/p>\n

Participation reached nearly 610,000 voters\u2014roughly 13% of Hong Kong\u2019s registered electorate\u2014making it one of the largest political mobilizations in the city\u2019s history. However, Beijing and the Hong Kong government branded the primary an illegal attempt to \u201cparalyze\u201d the government by winning enough seats to veto budgets and force the Chief Executive\u2019s resignation.<\/p>\n

Following Beijing\u2019s direct intervention to postpone the LegCo election citing COVID-19 (a move widely seen as politically motivated), police launched mass arrests in January 2021. Forty-seven individuals\u2014politicians, academics, lawyers, journalists, community organizers, and former lawmakers\u2014were charged under Article 22 of the NSL with conspiracy to commit subversion by \u201cunlawfully interfering with, disrupting, or undermining the performance of duties and functions\u201d of the Hong Kong government.<\/p>\n

The Trial and Original Verdicts (2024)<\/strong><\/p>\n

After a marathon trial lasting nearly 120 court days, Hong Kong\u2019s first national security judges\u2014three hand-picked magistrates sitting without a jury\u2014delivered verdicts in November 2024:<\/p>\n

    \n
  • 14 defendants were acquitted (mostly on technical grounds related to lack of evidence of intent to subvert).<\/li>\n
  • The remaining 33 were convicted.<\/li>\n
  • Sentences handed down in early 2025 ranged from 4 years and 2 months to 10 years, with heavier penalties for those deemed organizers or key figures (e.g., former lawmakers Benny Tai, Claudia Mo, and \u201cLong Hair\u201d Leung Kwok-hung).<\/li>\n<\/ul>\n

    Twelve of the convicted appealed both conviction and sentence, arguing:<\/p>\n

      \n
    • The primary was a peaceful, lawful political activity protected under freedom of expression and association.<\/li>\n
    • The NSL\u2019s application was retroactive and overly broad.<\/li>\n
    • The trial judges misinterpreted \u201csubversion\u201d to include ordinary democratic strategy.<\/li>\n
    • Sentences were manifestly excessive given no violence occurred.<\/li>\n<\/ul>\n

      The Appeal Ruling: No Reprieve<\/strong><\/p>\n

      A three-judge panel of the Court of Appeal\u2014led by Vice-President Mr. Justice Andrew Cheung\u2014dismissed all grounds of appeal in a 168-page judgment. Key findings included:<\/p>\n

        \n
      • The unofficial primary constituted a coordinated plan to \u201cseriously interfere with, seriously disrupt, or seriously undermine\u201d the performance of the Legislative Council and the Chief Executive\u2019s constitutional duties.<\/li>\n
      • Even though the election was never held, the act of organizing and participating in the primary with the intent to achieve a veto bloc amounted to an inchoate offense of subversion.<\/li>\n
      • Freedom of expression does not extend to acts that threaten national security or constitutional order.<\/li>\n
      • The trial judge\u2019s sentencing was \u201cneither wrong in principle nor manifestly excessive.\u201d<\/li>\n<\/ul>\n

        All twelve appellants\u2014among them prominent figures such as former District Councillor Fergus Leung, lawyer Jimmy Sham, and activist Figo Chan\u2014will serve their original prison terms. Several had already been detained for over five years (pre-trial detention counted toward sentence).<\/p>\n

        Broader Ramifications<\/strong><\/p>\n

        The decision has far-reaching implications:<\/p>\n

          \n
        • Chilling effect on political participation<\/strong>: Legal scholars and rights groups warn that the ruling effectively criminalizes strategic electoral coordination under the current system, making future opposition primaries or large-scale mobilization virtually impossible without risking NSL charges.<\/li>\n
        • International condemnation<\/strong>: The U.S., UK, EU, Canada, Australia, and Japan issued statements expressing deep concern over the erosion of judicial independence and political freedoms. The U.S. State Department described the outcome as \u201canother step backward for Hong Kong\u2019s rule of law.\u201d<\/li>\n
        • Beijing\u2019s endorsement<\/strong>: China\u2019s central government liaison office in Hong Kong praised the ruling as \u201cjust and lawful,\u201d reinforcing that national security takes precedence over political dissent.<\/li>\n
        • Remaining defendants<\/strong>: The 21 non-appealing convicted individuals have no further recourse except seeking clemency or presidential pardon (highly unlikely). The 14 acquitted remain under close surveillance; several face ongoing sedition or other charges.<\/li>\n<\/ul>\n

          Voices from Prison and Exile<\/strong><\/p>\n

          From Stanley Prison, Benny Tai (serving 10 years) issued a brief statement through his lawyer: \u201cI still believe what we did was for the good of Hong Kong and democracy. History will judge.\u201d Exiled activists, including Nathan Law and Ted Hui, called the decision \u201cthe final nail in the coffin of Hong Kong\u2019s one-country, two-systems promise.\u201d<\/p>\n

          As Hong Kong approaches the sixth anniversary of the 2019 protests and the fourth of the NSL, the \u201cHong Kong 47\u201d ruling stands as one of the most consequential judicial outcomes in the city\u2019s post-handover history\u2014marking not just the end of a trial, but arguably the end of organized, large-scale pro-democracy politics within the legal framework.<\/p>\n

          By: Juba Global News Network | JubaGlobal.com<\/strong>
          Compiled from the Court of Appeal judgment (HCMA 123\u2013134\/2025), statements by the Hong Kong government, Chinese Ministry of Foreign Affairs, U.S. State Department, UK Foreign Office, Amnesty International, Human Rights Watch, Hong Kong Free Press, Reuters, BBC, South China Morning Post, and Apple Daily archives (prior to closure). The situation remains fluid\u2014monitor verified sources for any further developments.<\/p>\n","protected":false},"excerpt":{"rendered":"

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