Hong Kong Court Upholds Convictions in Landmark ‘Hong Kong 47’ National Security Case: 12 Activists’ Jail Terms Stand

By: Juba Global News Network | JubaGlobal.com
February 23, 2026 – A major ruling deepens concerns over political freedoms

In a decision widely viewed as a definitive consolidation of Hong Kong’s new national security regime, the city’s 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 “Hong Kong 47” 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.

The case—formally known as HKSAR v. Leung Kwok-hung & Others—has become an international symbol of Beijing’s 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 “conspiracy to subvert state power,” a charge carrying a maximum penalty of life imprisonment.

Background: The 2020 Primary and the Charges

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.

Participation reached nearly 610,000 voters—roughly 13% of Hong Kong’s registered electorate—making it one of the largest political mobilizations in the city’s history. However, Beijing and the Hong Kong government branded the primary an illegal attempt to “paralyze” the government by winning enough seats to veto budgets and force the Chief Executive’s resignation.

Following Beijing’s 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—politicians, academics, lawyers, journalists, community organizers, and former lawmakers—were charged under Article 22 of the NSL with conspiracy to commit subversion by “unlawfully interfering with, disrupting, or undermining the performance of duties and functions” of the Hong Kong government.

The Trial and Original Verdicts (2024)

After a marathon trial lasting nearly 120 court days, Hong Kong’s first national security judges—three hand-picked magistrates sitting without a jury—delivered verdicts in November 2024:

• 14 defendants were acquitted (mostly on technical grounds related to lack of evidence of intent to subvert).
• The remaining 33 were convicted.
• 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 “Long Hair” Leung Kwok-hung).

Twelve of the convicted appealed both conviction and sentence, arguing:

• The primary was a peaceful, lawful political activity protected under freedom of expression and association.
• The NSL’s application was retroactive and overly broad.
• The trial judges misinterpreted “subversion” to include ordinary democratic strategy.
• Sentences were manifestly excessive given no violence occurred.

The Appeal Ruling: No Reprieve

A three-judge panel of the Court of Appeal—led by Vice-President Mr. Justice Andrew Cheung—dismissed all grounds of appeal in a 168-page judgment. Key findings included:

• The unofficial primary constituted a coordinated plan to “seriously interfere with, seriously disrupt, or seriously undermine” the performance of the Legislative Council and the Chief Executive’s constitutional duties.
• 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.
• Freedom of expression does not extend to acts that threaten national security or constitutional order.
• The trial judge’s sentencing was “neither wrong in principle nor manifestly excessive.”

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

Broader Ramifications

The decision has far-reaching implications:

• Chilling effect on political participation: 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.
• International condemnation: 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 “another step backward for Hong Kong’s rule of law.”
• Beijing’s endorsement: China’s central government liaison office in Hong Kong praised the ruling as “just and lawful,” reinforcing that national security takes precedence over political dissent.
• Remaining defendants: 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.

Voices from Prison and Exile

From Stanley Prison, Benny Tai (serving 10 years) issued a brief statement through his lawyer: “I still believe what we did was for the good of Hong Kong and democracy. History will judge.” Exiled activists, including Nathan Law and Ted Hui, called the decision “the final nail in the coffin of Hong Kong’s one-country, two-systems promise.”

As Hong Kong approaches the sixth anniversary of the 2019 protests and the fourth of the NSL, the “Hong Kong 47” ruling stands as one of the most consequential judicial outcomes in the city’s post-handover history—marking not just the end of a trial, but arguably the end of organized, large-scale pro-democracy politics within the legal framework.

By: Juba Global News Network | JubaGlobal.com
Compiled from the Court of Appeal judgment (HCMA 123–134/2025), 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—monitor verified sources for any further developments.

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