47 Case’s 10 Defendants File Appeals to the Court of Final Appeal

The legal proceedings for Hong Kong’s most significant National Security Law (NSL) case, involving the “47 Primaries,” have officially entered their highest and final stage. According to the latest court filings, 10 defendants have formally applied for leave to appeal their convictions and sentences for “conspiracy to commit subversion of state power” to the Court of Final Appeal (CFA). This group includes prominent figures such as legal scholar Benny Tai—identified by the court as an “organizer”—alongside former journalist Gwyneth Ho, healthcare unionist Winnie Yu, and activist Owen Chow.

The crux of the appeal rests on the legal interpretation of Article 22 of the NSL. Defense counsels argue that there is profound legal ambiguity regarding the definition of “force, threat of force, or other unlawful means.” The defendants maintain that organizing a primary election and planning to use the constitutional power of vetoing the budget to push for government accountability should fall under the lawful exercise of legislative duties granted by the Basic Law, rather than being classified as “unlawful means.” Furthermore, several defendants are challenging the severity of their sentences, questioning the court’s three-tier classification of offenders (“primary offenders,” “active participants,” and “other participants”) and whether the sentencing benchmarks were disproportionately harsh.

As the Court of Appeal had previously denied leave for some, the defendants are now seeking a final determination directly from the CFA. This move is of critical importance; the CFA’s decision on whether to hear these cases will establish the definitive legal precedent for how “subversion” is defined within a political and electoral context under the NSL. The outcome is expected to shape Hong Kong’s legal landscape for years to come.