Appeals court decision cements the imprisonment of a generation of pro-democracy leaders
Eleven Activists Lose Final Court Appeal in Hong Kong’s Defining Political Trial
The Hong Kong Court of Appeal’s February 23 ruling dismissing all appeals in the Hong Kong 47 case represents a grim milestone in the Beijing-directed suppression of the city’s democracy movement. Eleven activists who challenged their convictions for conspiracy to commit subversion were turned away. All sentence appeals were also rejected. For many of those who packed the public gallery of the West Kowloon Law Courts Building and those who had waited in line since Saturday to secure a seat, the ruling confirmed what they had long feared: the legal system in Hong Kong can no longer be trusted to protect political dissidents from the power of the state.
The 47 defendants in the case represent a cross-section of Hong Kong’s democratic opposition – former legislators, district councillors, academics, journalists, trade unionists, and community organizers ranging in age from their late twenties to their late sixties. Their collective prosecution was not just a legal action but a deliberate act of political decapitation, removing from public life virtually every experienced, credible voice of organized democratic opposition in Hong Kong in a single sweep.
The Primary Election That Became a Crime
The facts underlying the prosecution are not in serious dispute. In July 2020, the pro-democracy camp organized an unofficial primary election to coordinate its candidates for the scheduled Legislative Council election. Approximately 600,000 Hong Kong voters participated – a remarkable demonstration of civic engagement. The goal was to maximize the number of pro-democracy legislators elected and potentially secure a working majority in the legislature, which the camp intended to use to advance democratic reforms including universal suffrage.
The Beijing government and Hong Kong authorities responded by declaring the entire exercise a subversive conspiracy. They postponed the Legislative Council election for a year, citing Covid, and then arrested 55 people in January 2021 in connection with the primary. The charge was conspiracy to commit subversion – an offence carrying a maximum sentence of life imprisonment under the NSL.
Sentences That Shocked the World
When verdicts came in 2024, 45 of the 47 defendants who faced trial were convicted. Sentences ranged from four years to ten years. Legal scholar Benny Tai, who conceived of the primary strategy, received the harshest sentence of ten years. The severity of the punishments was condemned by the United States, the United Kingdom, the European Union, Canada, Australia, Japan, and numerous human rights organizations. US State Department human rights reports have documented the case in detail. The Beijing and Hong Kong governments insisted the sentences were proportionate and legally sound.
Nearly 20 of the defendants who did not appeal and have served their sentences have since been released. Several appeared outside the courthouse on February 23 to show solidarity with those still imprisoned. The image of formerly jailed activists waiting outside a court to support colleagues still serving sentences captures the human reality behind what has been an extraordinary legal and political saga.
A Movement Driven Underground
The practical effect of the Hong Kong 47 prosecutions, combined with the prosecution of Jimmy Lai, the forced closure of Apple Daily and Stand News, and the prosecution of dozens of other activists, journalists, and trade unionists, has been to reduce Hong Kong’s organized democracy movement to a shadow of what it was in 2019. Political parties that won significant vote shares in the 2019 district council elections have been dissolved. Civil society organizations have self-dissolved by the hundreds. The city’s press freedom ranking has collapsed from the top quartile globally to near the bottom.
Yet the movement has not died. It has been displaced, primarily to diaspora communities in the United Kingdom, Canada, Australia, and the United States, where former Hong Kong activists, journalists, and politicians continue to advocate for their city’s freedom from abroad. Organizations like Hong Kong Watch maintain scrutiny of NSL prosecutions and press for international accountability. That ongoing international pressure is one of the few remaining levers available to those who believe Hong Kong’s freedoms can ultimately be restored.
Looking Ahead
The February 23 ruling does not end the legal saga entirely. Some defendants are expected to explore further appeals to Hong Kong’s Court of Final Appeal, though the chances of success are considered slim given the political pressures on the judiciary. International legal scholars and human rights bodies continue to argue that the prosecutions violate international human rights law to which China is formally a party. UN Human Rights Committee oversight of the International Covenant on Civil and Political Rights remains one avenue through which formal international criticism can be registered, even if enforcement is impossible. The long arc of history, many believe, will judge this chapter harshly.
Emily Chan
Investigative & Social Affairs Journalist, Apple Daily UK
Contact: emily.chan@appledaily.uk
Emily Chan is an experienced investigative and social affairs journalist whose reporting centers on public accountability, social justice, and community-level impact. She received formal journalism training at a top-tier Chinese journalism school, where she specialized in investigative methods, data verification, and media ethics, preparing her for high-responsibility reporting roles.
Emily has published extensively with Apple Daily and other liberal Chinese newspapers, producing in-depth coverage on labor rights, education policy, civil society organizations, and government transparency. Her work is grounded in firsthand reporting, long-form interviews, and careful document review, ensuring factual accuracy and contextual depth.
Her newsroom experience spans both daily reporting and long-term investigations, giving her practical expertise in handling sensitive sources, corroborating claims, and navigating legal and ethical constraints. Emily is known among editors for her disciplined sourcing practices and clear, evidence-led writing style.
Emily’s authority stems from sustained professional experience rather than commentary alone. She has contributed to coverage during politically sensitive periods, maintaining accuracy and editorial independence under pressure. Her reporting consistently adheres to correction protocols and transparency standards.
At Apple Daily UK, Emily Chan continues to deliver reliable journalism that informs readers through verifiable facts, lived reporting experience, and a commitment to public-interest storytelling.
