Eleven in Hong Kong 47 case cleared to seek top appeal
On.cc · 2 SOURCESabout 2 hours ago2 MIN
Summary
Hong Kong’s Court of Appeal has granted certificates allowing 11 convicted defendants in the 47-person conspiracy to subvert state power case to seek leave to appeal to the Court of Final Appeal. The court said the applications involve five legal questions, including the proper interpretation of “other unlawful means” under Article 22 of the national security law.
Key Points
- The certificates were issued on August 10 after the Court of Appeal had earlier dismissed appeals by 12 convicted defendants and the Department of Justice in February 2026.
- The 11 applicants are Lam Cheuk-ting, Leung Kwok-hung, Wong Pik-wan, Chan Chi-chuen, Chow Ka-ching, Yeung Suet-ying, Yu Wai-ming, Ho Kwai-lam, Ng Ching-hang, Cheng Tat-hung and Ho Kai-ming.
- The judgment said five legal issues merit certification, including whether “other unlawful means” in Article 22 is limited to criminal acts or to force-related conduct
- The court also certified questions on whether the trial judgment’s definition of the “scheme” and a “series of acts” amounted to prohibited conduct under Article 22
- Another certified issue concerns whether, if a defendant intended to trigger the Basic Law Articles 50 to 52 mechanism and its consequences, that showed the specific intent required for subversion
Why It Matters
The ruling does not decide the final appeal, but it allows the 11 defendants to ask Hong Kong’s top court to hear arguments on core legal interpretations in the city’s largest national security prosecution. The next stage will be closely watched because the Court of Final Appeal could be asked to clarify how Article 22 applies to political planning and related conduct in future cases