13 people convicted under draconian National Security Law in unprecedented mass trial to appeal sentence

More than 80% of people convicted under National Security Law have been wrongly criminalised

‘This appeal is a pivotal test - not just for these 13 individuals, but for the future of freedom of expression in Hong Kong’ - Sarah Brooks

Ahead of the appeal hearing of 13 people on Monday (14 July) who were convicted of “conspiring to subvert state power” under Hong Kong’s National Security Law in a mass trial last year known as the Hong Kong 47, Sarah Brooks, Amnesty International’s China Director, said:

“The Hong Kong 47 case stands as one of the most shocking examples of the crackdown on human rights in the city. This appeal hearing is a chance for the courts to start righting the wrongs of this unprecedented mass prosecution.

“Research findings we released earlier this month show that the vast majority of convictions under the National Security Law have targeted legitimate expression. It is appalling that Hong Kong courts could condone a crackdown that leaves more than 80% of defendants wrongfully languishing behind bars.

“This appeal is a pivotal test - not just for these 13 individuals, but for the future of freedom of expression in Hong Kong. Only by overturning these convictions can Hong Kong’s courts begin to restore the city’s global standing as a place where rights are respected and where people are allowed to peacefully express their views without fear of arrest.”

Dramatic deterioration of human rights

In Hong Kong’s largest prosecution under the National Security Law, which came into force in June 2020, 47 opposition figures were jointly charged with “conspiracy to commit subversion”. Thirty-one of the 47 pleaded guilty to the charge while 16 pleaded not guilty, two of whom were acquitted.

On 14 July, Hong Kong’s Court of Appeal will hear the appeal of 13 of those convicted. In the same hearing, Hong Kong’s Department of Justice will also appeal against the acquittal of one of the defendants, Lawrence Lau. The charges against the ‘Hong Kong 47’ relate to their organisation and participation in self-organised ‘primaries’ for the 2020 Legislative Council elections that were ultimately postponed by authorities on Covid-19 grounds before the Chinese government brought in a new electoral system that strictly vetted who could stand for office.

Research published last month by Amnesty on the fifth anniversary of the National Security Law’s enactment, found that more than 80% of people convicted under the law have been wrongly criminalised and should never have been charged in the first place. Human rights in Hong Kong have deteriorated dramatically since 2020, with Amnesty identifying more than 250 people arrested for violating the National Security Law or a colonial-era “sedition” law. Last year, the Hong Kong parliament itself enacted further national security legislation – the so-called ‘Article 23’ law – which has further deepened repression and silenced opposition voices in the city.