A Hong Kong court has approved a final attempt by 11 jailed opposition politicians and activists to clear their names following convictions for conspiracy to commit subversion in a landmark national security trial.

In a written judgment delivered on Monday, August 10th, 2026, the Court of Appeal identified five legal issues warranting further scrutiny by the Court of Final Appeal. These issues relate to the appellants’ involvement in an unofficial legislative primary election in 2020 and a broader scheme to paralyse the Legislative Council.

Chief Judge of the High Court Jeremy Poon Shiu-chor, appeal justice Derek Pang Wai-cheong, and Court of First Instance judge William Tam Yiu-ho acknowledged the significance of these issues, noting they concern the boundary between criminal conduct and the exercise of a lawmaker’s constitutional duties, powers, and functions.

The judgment stated, “They merit the consideration by the Court of Final Appeal, in particular when it is the first occasion they are to be determined by our apex court.” Despite this endorsement, the Court of Final Appeal retains discretion to decide whether to permit the 11 appellants to advance their case before the top judges.

These 11 appellants were part of a larger group of 47 opposition figures prosecuted in the largest national security case to date, which the trial court described as a “grand strategy of subversion” aimed at winning a controlling majority in the legislature.

Sources