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2026
The Court of Appeal of the High Court today delivered its judgment on the appeals in a case of conspiracy to commit subversion, dismissing the appeals against convictions or sentences lodged by 12 defendants. Regarding one defendant against whom the evidence was insufficient for the trial court to be sure of his participation in the conspiracy offence, the Court of Appeal upheld the trial court's verdict. In its judgment on the appeals in the case, the Court of Appeal rejected each of the grounds of appeal against convictions or sentences raised by the defendants. Regarding the appeals against convictions, the Court of Appeal noted that provisions of the Basic Law establish an executive-led system headed by the Chief Executive, recognising that the Chief Executive, the Government, the Legislative Council and the Judiciary have different constitutional roles. The judgement added that interaction and co-ordination between them are inevitable in areas where both the executive and legislative authority are required. It also pointed out that LegCo’s primary function under Article 73(2) of the Basic Law is to evaluate the merits of the budget through fiscal considerations before granting approval. The judgement clarified that LegCo must exercise its powers and functions in accordance with the Basic Law. It cannot contravene the fundamental provisions establishing the Hong Kong Special Administrative Region’s constitutional order, nor can its members violate their constitutional duty under the LegCo oath to uphold that order. The Court of Appeal said that, in this case, as envisaged and publicised by the first defendant Tai Yiu-ting and known to any participant who chose to join it, "Project 35+" was a "constitutional mass destruction weapon" that aimed to compel the Chief Executive to resign, paralyse the Government and force the Central People's Government to declare an end to the "one country, two systems" policy, which constituted an unlawful means of subverting the constitutional order of the Hong Kong SAR. The Court of Appeal said that pursuing that aim under the pretext of examining budgets necessarily amounted to a breach of a LegCo member's duty to uphold the Hong Kong SAR’s constitutional order. The judgement also noted that the defendants agreed to join "Project 35+" and participate in conduct aimed at achieving subversive consequences, and therefore constituted the offence of conspiracy to commit subversion. The Court of Appeal upheld the trial court’s findings based on the totality of the evidence adduced. It added that when considered in context, the conclusion that each defendant joined the conspiracy was sound and that the trial proceedings were conducted fairly. Regarding the appeals against sentences, the Court of Appeal upheld the trial court's decision to categorise the defendants in the "primary election" as "active participants". It found that "Project 35+" sought to undermine the Hong Kong SAR’s constitutional order through the defendants’ election bids. The Court of Appeal further noted that the defendants exploited the system to bring about potentially devastating consequences to the Hong Kong SAR. Accordingly, it ruled that “ignorance of the law" was not a valid mitigating factor, and any sentencing discounts given by the trial court on this basis were entirely gratuitous. In a statement, the Hong Kong Special Administrative Region Government noted 45 defendants were convicted in this case. The trial court’s verdict clarified that by early 2020, the clear objective of “Project 35+” was to undermine, destroy or overthrow the Hong Kong SAR’s existing political system established under the Basic Law and the “one country, two systems” principle. The statement highlighted that the court pointed out that the defendants, led by Tai Yiu-ting, spent considerable time and money planning the “primary election”, while other defendants actively worked to ensure the success of “Project 35+”. The statement added that had the plan been fully implemented, it would have resulted in profoundly negative consequences as severe as the overthrow of the Government. The Government also noted that the trial had revealed that the people concerned put forward the “10 Steps to mutual destruction” which would bring Hong Kong society to a standstill through large-scale street riots and other means. Coupled with international political and economic sanctions, “mutual destruction” would be achieved, causing suffering to the public. The Government clarified that the severity of the crime was supported by irrefutable evidence and the convicted individuals deserved their punishment. It added that the Court of Appeal's dismissals of relevant appeals against convictions and sentences demonstrate that any person who intends to subvert and endanger national security will be punished in accordance with the law. As for the decision to uphold the verdict for a defendant against whom there was insufficient evidence for the trial court to be sure of his participation in the conspiracy, the Department of Justice will study the judgment carefully and consider whether to lodge an appeal. The Government emphasised that Hong Kong is a society underpinned by the rule of law. The Hong Kong National Security Law and the Safeguarding National Security Ordinance clearly stipulate that the principle of the rule of law shall be adhered to in preventing, suppressing and imposing punishment for offences endangering national security. The statement said the court’s judgment in this appeal case shows that the Judiciary of the Hong Kong SAR exercises judicial power independently in accordance with the law, and everyone charged with a criminal offence will receive a fair trial in accordance with laws applicable and as protected by the Basic Law and the Hong Kong Bill of Rights. The statement noted that courts decide cases strictly based on evidence and applicable laws. It clarified that legal proceedings are never influenced by the profession, political beliefs or backgrounds of those involved. It added that the prosecution must prove an offence beyond reasonable doubt for a defendant to be convicted.
The Department of Justice (DoJ) announced the establishment of a high-level preparatory group for aligning with the 15th Five-Year Plan and convened the group's first meeting today. The preparatory group is chaired by Secretary for Justice Paul Lam and vice-chaired by Deputy Secretary for Justice Cheung Kwok-kwan. Members include the Law Officer (Civil Law), the Solicitor General, the Law Officer (International Law), and the Director of Administration & Development of the DoJ. The secretaries of the group are the Principal Government Counsel of the Legal Enhancement & Development Office and the Director of the Hong Kong International Legal Talents Training Office. In its first meeting, the preparatory group discussed the DoJ's key areas of development, staffing and resource allocation under the 15th Five-Year Plan. Once the contents and details of the 15th Five-Year Plan are released, the preparatory group will be converted into a working group to advance various tasks of proactively aligning with the 15th Five-Year Plan. As directed by the Chief Executive, Hong Kong's five-year blueprint in aligning with the country's 15th Five-Year Plan will be completed within this year, further promoting Hong Kong's better integration into and contribution to the overall national development. Mr Lam said that as the inaugural year of the 15th Five-Year Plan begins, the Fourth Plenary Session of the 20th Central Committee of the Communist Party of China adopted the Recommendations for Formulating the 15th Five-Year Plan, which set out Hong Kong's strategic position as the "three centres and a hub", to consolidate and enhance the city's status as an international financial, shipping and trade centre, and to support Hong Kong in building itself into an international hub for high-calibre talent. In promoting the development of the rule of law, the recommendations include accelerating the development of a foreign-related legal system and capabilities, and improving mediation, arbitration and litigation mechanisms for international commercial disputes. Mr Lam highlighted that in the 15th Five-Year Plan, Hong Kong can strive to play its role by showcasing its strengths in internationalised, high-standard and highly credible legal and dispute resolution services, and by actively contributing to the training of international legal talent. The Secretary for Justice noted that by proactively aligning with the 15th Five-Year Plan, Hong Kong will further contribute to the country's efforts in promoting the foreign-related rule of law and in building a higher-level of rule of law in China.
Regarding the attack on a Hong Kong resident in Japan, the Hong Kong Immigration Department (ImmD) today said that it had immediately approached the Office of the Commissioner of the Ministry of Foreign Affairs of the People’s Republic of China in the Hong Kong Special Administrative Region (OCMFA) and the Chinese Consulate-General in Sapporo to understand the situation and follow up. Practicable assistance was provided according to the Hong Kong individual’s wishes. Meanwhile, the Hong Kong SAR Government expressed its concern to the Consul-General of Japan in Hong Kong, urging the Japanese Government to ensure the personal safety of Hong Kong travellers in Japan in accordance with the law. It also reminded Hong Kong residents to attend to their personal safety when travelling to the country. The ImmD added that it will maintain close contact with the OCMFA as well as the Chinese Embassy and Consulates-General in Japan to provide assistance to Hong Kong residents in Japan. Hong Kong residents outside Hong Kong who need assistance may call the 24-hour hotline of the ImmD’s Assistance to Hong Kong Residents Unit at (852) 1868. Alternatively, they may call the 1868 hotline using network data or use the 1868 Chatbot via the ImmD mobile application, send a message to the 1868 WhatsApp assistance hotline or the 1868 WeChat assistance hotline, or submit an online assistance request form.
Principal officials today visited families and distributed gift bags in six districts – Sha Tin, Tsuen Wan, Islands, Kwun Tong, Eastern and Tai Po – ahead of the Lunar New Year. Co-ordinated by the Home Affairs Department, today’s visits were the culmination of four days of year-end household visits to all 18 districts of Hong Kong. The visits were aimed at sharing good tidings for the New Year with the community. Deputy Secretary for Justice Cheung Kwok-kwan visited a family and an elderly person at Heng On Estate in Ma On Shan to chat with them and learn more about their living environment. Meanwhile, Secretary for Security Tang Ping-keung visited an elderly family and another household in Sham Tseng, Tsuen Wan. Secretary for Environment & Ecology Tse Chin-wan visited an elderly couple and an ethnic minority family living at Cheung Tung Estate, Tung Chung. For his part, Secretary for Commerce & Economic Development Algernon Yau visited an elderly couple and a young family at Yau Tong Estate, Yau Tong. Secretary for Development Bernadette Linn visited an ethnic minority family and an elderly resident at Model Housing Estate, Quarry Bay. Acting Secretary for Constitutional & Mainland Affairs Clement Woo visited an elderly family and a young resident at Fu Tip Estate, Tai Po.