Fourteen convicted and two acquitted in 35+ subversion case, DoJ appeals

A total of 14 pro-democracy activists who pleaded not guilty to conspiracy to commit subversion over the 35+ primary election in 2020 were convicted by a Hong Kong court on Thursday, while two former district councilors were acquitted of the charge.

The Department of Justice (DoJ) subsequently launched an appeal against the acquittal of the two former district councilors Lawrence Lau Wai-chung and Lee Yue-shun, as the court reconvened after a lunch break at 2.30 pm. The bail of the acquitted duo has been extended. 

Speaking outside the court earlier today, Lau said he should not be the focus at the moment as other defendants in the case warrant the public’s concern and love. 

As for Lee, he thanked the public for caring about the case. “I feel calm, as I have always been.”

For the convicted defendants, they are Gordon Ng Ching-hang, Cheng Tat-hung, Clarisse Yeung Suet-ying, Pang Cheuk-kei, Kalvin Ho Kai-ming, Helena Wong Pik-wan, Sze Tak-loy, Gwyneth Ho Kwai-lam, Raymond Chan Chi-chuen, Owen Chow Ka-shing, Lam Cheuk-ting, “Long Hair” Leung Kwok-hung, Ricky Or Yiu-lam, and Winnie Yu Wai-ming.

All 14 convicts were remanded immediately and the case was tentatively adjourned to June 25 for mitigation. 

The 319-page verdict was delivered on Thursday by three national security judges – Andrew Chan Hing-wai, Alex Lee Wan-tang, and Johnny Chan Jong-herng – after a trial which lasted for 118 days. 

A short summary of the verdict released by the court said the 14 had planned to undermine “the power and authority of both the Government and Chief Executive”. 

“In our view... that would create a constitutional crisis for Hong Kong,” it said.

It also said that if the plan of the defendants has been carried out, it would amount to "seriously interfering in, disrupting or undermining the performance of duties and functions with the law by the body of power of the HKSAR."

The 16 defendants are among 47 democrats arrested in January 2021 and were prosecuted under the Hong Kong National Security Law. They were accused of attempting to paralyze the government and topple the Chief Executive by securing the legislative majority necessary to indiscriminately veto the Budget.

The other 31 defendants, including former law scholar Benny Tai Yiu-ting - whom the prosecution described as the mastermind of the "conspiracy" plan, had already pleaded guilty to the charge. Four of them became prosecution witnesses later on.

Sentencing for those found guilty will come at a later date, with prison terms ranging from three years to life for the offense. 

(Updated at 3.31 pm)

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