HK court grants 11 appellants' appeal to challenge 35+ subversion case convictions

The Court of Appeal on Monday granted 11 appellants leave to challenge their convictions or jail terms at the top court in the city's landmark national security case. 

The decision follows a failed appeal in February, with the court now certifying that the defense's legal questions are substantial enough to take the case to the top court. 

The applicants include Clarisse Yeung Suet-ying, Helena Wong Pik-wan, Owen Chow Ka-shing, Winnie Yu Wai-ming, Gwyneth Ho Kwai-lam, Lam Cheuk-ting, Gordon Ng Ching-hang, Tat Cheng Tat-hung, Jonathan Ho Kai-ming, Raymond Chan Chi-chuen and Leung Kwok-hung. 

It is understood that Gwyneth Ho is challenging her conviction only, while the other 10 are seeking to overturn their conviction and sentences. 

The Appeal Court ruled that the cases raise wide-ranging and substantial legal questions warranting review by the top court. 

In the Certificate for Leave to Appeal, the court certified five legal questions, covering the interpretation of "other unlawful means," the legality of the scheme, the prohibition of the "series of acts," and whether invoking the Basic Law's veto mechanism demonstrates specific subversive intent. 

The case stems from a 2020 alleged primary election involving 47 activists, who allegedly participated in the 35+ primary with the goal of blocking the Legislative Council from passing the budget. 

A total of 45 defendants in the case were convicted and sentenced to prison terms ranging from four years and two months to ten years.

𝗗𝗼𝘄𝗻𝗹𝗼𝗮𝗱 𝗧𝗵𝗲 𝗦𝘁𝗮𝗻𝗱𝗮𝗿𝗱 𝗔𝗽𝗽 ↓