EndCCPWorld.com

It starts in 2019. After the anti-extradition movement, Hong Kong's political map was redrawn: that November, the pro-democracy camp won nearly 90 percent of district council seats, routing the pro-establishment camp. Emboldened, some began eyeing a bigger prize — a legislative majority. In April 2020, legal scholar Benny Tai published "Ten steps to mutual destruction" in Apple Daily, proposing the "35+" plan: hold a primary to field the strongest slate, win 35-plus seats in the legislature, then veto the budget en bloc to force the chief executive to answer the "five demands" — or face resignation after two vetoed budgets. The article became the case's de facto manifesto.

On July 11–12, 2020, the democrats held their legislative primary, organized by Tai and Andrew Chiu. The government had warned beforehand that the primary might breach the National Security Law, but turnout far exceeded expectations: 610,000 people voted — less than two weeks after the NSL took effect on June 30, 2020. Many read it as a silent statement. Candidates also signed a declaration pledging to veto the budget if elected — a document prosecutors would later present as hard evidence of "conspiracy."

The crackdown came fast. On July 30, 2020, 12 pro-democracy candidates were disqualified; on July 31, Chief Executive Carrie Lam postponed the legislative election by a year, citing the pandemic. Organizer Andrew Chiu promptly quit politics; the University of Hong Kong sacked Benny Tai. The stage was set.

On the morning of January 6, 2021, national security police deployed around a thousand officers in synchronized dawn raids. A reported 55 people were taken away — former lawmakers, academics, social workers, journalists. On February 28, 47 were formally charged with "conspiracy to subvert state power," an NSL offense carrying up to life imprisonment. The prosecution's logic: the primary aimed to win a legislative majority, veto budgets indiscriminately, paralyze the government and force the chief executive to resign.

On March 1, 2021, the case opened at the West Kowloon Magistrates' Courts, where a marathon bail hearing ran four days. Most defendants stayed in custody — many for over three years, so long that by sentencing day, time served nearly matched the sentences themselves.

On February 6, 2023, the trial moved to the High Court before three designated NSL judges, with no jury. 31 pleaded guilty; 16 pleaded not guilty in a 118-day trial. Prosecutors called multiple witnesses, including former primary organizers turned prosecution witnesses. The court ultimately accepted the prosecution's case: this was no ordinary election coordination, but a "conspiracy" aimed at paralyzing the government.

On May 30, 2024, the verdict: of the 16 who pleaded not guilty, 14 were convicted; only Lawrence Lau and Lee Yue-shun were acquitted. Together with the 31 guilty pleas, 45 were convicted. The Department of Justice appealed Lau's acquittal (Lee's was not appealed).

Sentencing came on November 19, 2024: the 45 received 4 years 2 months to 10 years. Benny Tai got the heaviest — 10 years — as the "mastermind," from a 15-year starting point reduced by one-third for his guilty plea. The rest were graded by role: Owen Chow 93 months, Gordon Ng 87 months, Gwyneth Ho and Andrew Chiu 7 years, Lam Cheuk-ting 81 months, Cheng Tat-hung 78 months, Alvin Yeung 61 months, Joshua Wong 56 months, Wu Chi-wai 53 months. It was the largest prosecution under the National Security Law — the backbone of Hong Kong's democracy movement jailed in a single stroke.

International condemnation followed. The U.S. State Department called it a "politically motivated prosecution"; Britain, the EU and Australia issued statements of condemnation; Amnesty International called the convictions a "ruthless purge" of the opposition. After the appeals were rejected in February 2026, Australian foreign minister Penny Wong singled out the case: the failed appeal of Australian citizen Gordon Ng left Canberra "deeply concerned," and Australia lodged "strong objections" with Beijing and Hong Kong over the "continuing broad application" of national security legislation.

Twelve defendants appealed; on February 23, 2026, the Court of Appeal rejected them all. The judgment was blunt: the defendants had joined a "conspiracy" conceived and advocated by Benny Tai to forge a "constitutional weapon of mass destruction" aimed at toppling Hong Kong's constitutional order — the judgment's own phrase. Meanwhile, nearly 20 defendants with shorter terms have been released over the past year, including former district councilors Jimmy Sham and Lester Shum. According to TVB News, those whose appeals were rejected included challengers to both convictions and sentences — meaning the remaining terms are effectively final.

The defendants as a group are worth a look: former lawmakers, professors, social workers, nurses, journalists, district councilors — nearly the entire spectrum of the pro-democracy camp. Ages ranged from the twenties to the sixties, from first-time candidates to veterans of decades in politics. Of the 47, 31 chose to plead guilty — including Tai and Joshua Wong; 16 chose to fight. A guilty plea isn't agreement; many were simply choosing between a one-third reduction and several more years inside.

At trial, the prosecution's trump card was its own people: primary co-organizer Andrew Chiu and Power for Democracy convenor Ben Chung appeared as prosecution witnesses. According to trial reporting, they recounted the primary's planning in detail — including how the "veto the budget" pledge was drafted. The defense asked: since when are signed pledges and slogans "subverting the state"? The judges sided with the prosecution.

Mitigation dragged on for months. In mid-2024, defendants pleaded in person or through counsel, some submitting mitigation letters tens of thousands of characters long about why they entered politics and the families behind them. Joshua Wong reportedly said in mitigation that he entered politics simply because he wanted "a better Hong Kong." But the judgment was explicit: under the NSL, motive doesn't matter — "conduct" does. The 45 sentences, from 4 years 2 months to 10 years, were graded by "level of participation."

After the appeals were rejected, international calls for sanctions resurfaced. The U.S. Congressional-Executive Commission on China and lawmakers in several countries have reportedly urged Magnitsky-style sanctions on the judges and officials involved; Australia has repeatedly pressed the case of its citizen Gordon Ng. But as with Jimmy Lai, condemnation changed nothing: as of October 2026, those whose terms stand keep serving, the released keep a low profile, and Hong Kong's pro-democracy camp as a political force no longer exists.

Benny Tai himself deserves a closer look. A former associate professor of law at the University of Hong Kong, he launched "Occupy Central with Love and Peace" in 2013 and was the intellectual soul of the Umbrella Movement; in 2019 he was jailed for 16 months over Occupy, and kept writing and speaking after his release. The core concept of "Ten steps to mutual destruction" — laam chau, burn-everything-down-together — became a keyword of the post-2019 era. Prosecutors quoted the article repeatedly in court to argue the primary was a "subversion plot" from the start.

The primary's mechanics were all laid bare at trial: voters showed ID, candidates signed the pledge to veto budgets "indiscriminately." The organizers said at the time that the voting system had come under cyberattack. Among the 610,000 were the young and the old, many voting in a political election for the first time. For them it may have been a vote cast through tears; for the prosecution, every ballot was evidence of "conspiracy."

The January 6, 2021 raids went like this: police at the door a little after 6 a.m.; among those taken away were former lawmakers, professors, nurses, journalists. Reportedly, Joshua Wong — already in prison since December 2020 over the police-headquarters siege case — was among those additionally charged. The figure "55" became one of the most-used headlines about Hong Kong in international media.

The bail fight was its own battle. From March 1 to 4, 2021, the West Kowloon court sat in a marathon hearing; 15 were initially granted bail, but the Department of Justice appealed immediately and most stayed in custody. That custody stretched over three years: by sentencing day in November 2024, many had been locked up for more than 1,300 days — a large part of their sentences served before any sentence was passed.

The split — 31 guilty pleas, 16 not guilty — is telling. The guilty included big names like Tai and Joshua Wong; among the 16 who fought the charges were former journalist Gwyneth Ho, activist Owen Chow, former lawmaker Lam Cheuk-ting and nurses' union representative Winnie Yu. After the May 30, 2024 verdict, only Lawrence Lau and Lee Yue-shun walked free — the judgment, as reported, found the prosecution had failed to prove subversive intent on their part. Their acquittals remain the case's sole "exceptions."

The Hong Kong behind the case is no longer the old Hong Kong. In March 2021, the National People's Congress imposed an electoral "overhaul": the legislature expanded to 90 seats with only 20 directly elected; the 2023 district council reform slashed directly elected seats. The Civic Party announced its disbandment in 2023; other pro-democracy parties died or scattered. When the 47 were sentenced, one commentator wrote that the case was not a comma but a full stop — three decades of democratic politics in Hong Kong, zeroed out "according to law."

As of October 2026, the legal process has essentially run its course: 45 convicted, 12 appeals rejected, nearly 20 with shorter terms already released, the rest still serving. Tai's 10 years and Lai's 20 have become the two yardsticks of NSL sentencing. When this case enters the history books, the chapter title will probably read: how one primary election put 45 people in prison.

Many of the 47 face more than this one case. Joshua Wong, Lam Cheuk-ting and others are entangled in additional national security or criminal proceedings — after one sentence comes the next in line. In Hong Kong's NSL cases, "case after case" has become standard practice: hold the person on one charge, then stack more. It is why some defendants may not truly walk free even after serving their terms.

Outside the court on hearing days is another scene. Family members and supporters queue before dawn; the public gallery is perpetually packed. On sentencing day, people held placards outside and wept. When Lawrence Lau walked out acquitted, the crowd reportedly broke into applause — the case's single moment of "victory."

The longer-term impact is in the numbers. After the 2021 electoral overhaul, turnout in the 2023 district council election was just 27.54 percent, a historic low. Some commentators say Hong Kong politics is being "depoliticized": elections still happen, but what is at stake and who may run are nothing like before. The 47 case's greatest legacy may not be the 45 sentences but a precedent: from now on, holding a primary, signing a pledge or chanting "veto the budget" in Hong Kong can be a road to prison.

One more detail: during the trial, the court spent considerable time debating the definition of "conspiracy" — does signing a pledge and casting a vote amount to "conspiracy to subvert"? The defense called legal scholars; the prosecution brandished Tai's articles. The judges' conclusion: the primary agreement itself was evidence of conspiracy. Once that interpretation stands, any similar political coordination in the future could fit the "subversion" basket. Some legal commentators call it the broadest reading of "conspiracy" in Hong Kong common-law history.

One last figure: the shortest sentence among the 47 was 4 years and 2 months. Under Hong Kong's practice, good conduct can earn a one-third remission — meaning those with the shortest terms were already free in 2024, while Benny Tai's 10 years will keep him inside into the early 2030s even with remission. One primary election: four years for some, ten for others. That is the going price of "conspiracy to subvert" in Hong Kong.

For scale: Jimmy Lai's 20-year sentence on February 9, 2026 means Tai's 10 years is no longer the NSL record; in September 2026, three organizers of the Tiananmen vigil group were jailed for up to seven years, according to reports. From the NSL's imposition in 2020 to 2026, Hong Kong's democrats have been zeroed out round by round — the legislature overhauled, the district councils overhauled, the 47 case, the Apple Daily case. One primary election, 45 people in prison — this case will be remembered for a long time.

The bail story deserves completing. After the four-day marathon hearing in March 2021, the High Court reviewed the prosecution's appeals and each defendant's bail application one by one. According to Reuters, 15 defendants were ultimately granted bail; the other 32 remained in custody until trial. Bail conditions were harsh: surrender of all travel documents, a curfew, regular reporting to a police station, no statements that might endanger national security, no participation in any election except voting, and no contact with foreign officials. Owen Chow, bailed in June 2021, was rearrested by national security police at a police station in January 2022, accused of endangering national security through his words and conduct while on bail; a magistrate revoked his bail, and he never left custody again. In other words, punishment in this case began long before conviction: 32 people served more than three years in prison without ever having been tried.

The institutions and judges, completed: the arrests and investigation were conducted by the National Security Department of the Hong Kong Police Force, and the prosecution was brought by the Department of Justice. The case was first heard at the West Kowloon Magistrates' Courts, then transferred to the Court of First Instance of the High Court, where it was tried by three designated national security judges — Andrew Chan, Alex Lee and Johnny Chan — with no jury. Replacing the jury, a fixture of Hong Kong's common-law criminal trials, with a panel of designated judges is itself a footnote to how the National Security Law has reshaped Hong Kong's judiciary. The 2026 appeals were heard by Chief Judge of the High Court Jeremy Poon and Court of Appeal judges Derek Pang and Anthea Pang.

The sentencing logic was spelled out in the judgment: defendants were graded by role into organizers, 'active participants' and other participants. Benny Tai was classed a 'principal offender' with a 15-year starting point, reduced by one-third for his guilty plea to 10 years. Organizers such as Andrew Chiu and Ben Chung received further reductions for testifying for the prosecution. Owen Chow, classed an 'active participant,' who had pleaded not guilty and was rearrested while on bail, received 93 months — the heaviest term among non-organizers. Gwyneth Ho, who fought the charge to the end with no plea discount, got seven years. Most others who pleaded guilty landed between four years two months and a little over six years. The judgment stated expressly that the political motives defendants described in mitigation were no ground for reducing their sentences.

One more entry on the international response. On sentencing day, November 19, 2024, UN High Commissioner for Human Rights Volker Türk, through the UN Human Rights Office, expressed serious concern over the sentences, noting that the Hong Kong National Security Law's provisions are broad and vague and could be arbitrarily applied to curb freedom of expression and target dissenting voices; he called for an urgent review of the convictions and for the law to be assessed against the International Covenant on Civil and Political Rights, which continues to apply in Hong Kong under the Basic Law. The UN Human Rights Office had likewise voiced concern after the mass arrests of January 2021. From arrest to sentencing, the concern of UN human rights bodies runs through the whole case; the answer from Beijing and the Hong Kong government has never been more than 'handled in accordance with the law.'

The families are the case's other documented thread. During the March 2021 bail hearings, relatives and supporters queued overnight outside the court for gallery seats. According to Reuters, after the High Court refused Kwok Ka-ki bail, his wife stood outside court holding a sign reading 'Dear Hongkongers, you'll never walk alone — add oil'; Jeremy Tam's wife broke down in tears when the result was announced. Through more than three years of pre-trial custody, families held on through limited monthly visits. On April 29, 2025, the first four to complete their terms — Claudia Mo, Kwok Ka-ki, Jeremy Tam and Gary Fan — were released at dawn from three separate prisons, with police deployed outside and families and reporters who had waited all night receiving them. On May 30, Jimmy Sham, Kinda Li, Roy Tam and Henry Wong were released; Sham told reporters at home that he first needed time with his family — he felt he was getting to know the world again, and would have to feel out where the red lines now lay.

The latest status, as of 2026: on February 23, 2026, the Court of Appeal, on the same day it dismissed the 12 defendants' appeals, also dismissed the Department of Justice's appeal against Lawrence Lau's acquittal, upholding it — closing every appeal arising from the case. The list of the released keeps growing: according to the public case list, Eddie Chu was released on completing his term in January 2026, and former lawmaker Wu Chi-wai in June 2026; together with those freed in batches through 2025, nearly 20 have now completed their sentences. Those with longer terms — Benny Tai, Owen Chow, Gordon Ng, Gwyneth Ho, Lam Cheuk-ting — remain in prison. The released almost uniformly keep a low profile; not one has returned to politics, and none comments publicly on current affairs — which is precisely the effect this trial was meant to achieve.

The factual chain in this case is short: a public primary vote, a signed pledge to veto the budget, and an election that was never held. To define election coordination as 'conspiracy to subvert,' and to describe the legislature's budget-veto power — a power the Basic Law itself grants — as a 'constitutional weapon of mass destruction,' is to declare that the normal operation of parliamentary politics is itself a crime. More than three years of pre-trial detention carried out most of the punishment in advance; the verdict merely ratified it. Forty-five lives were convicted of a 'subversion' that never happened — not a judiciary correcting an election, but power using a trial to declare the end of electoral politics in Hong Kong.