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Hong Kong court greenlights final appeal for jailed opposition figures

The Court of Appeal said the case raises “great and general importance” questions about the line between criminal conduct and a lawmaker’s constitutional duties, with the Court of Final Appeal still deciding whether to hear it.

Reported · Written up by our desk · Asia

A Hong Kong court has endorsed a final attempt by 11 jailed opposition politicians and activists to clear their names after they were convicted in a landmark national security trial. According to a written judgment delivered Monday, the Court of Appeal identified five legal issues it said warrant further scrutiny by the Court of Final Appeal, including questions tied to the group’s alleged involvement in an unofficial legislative primary election in 2020 and a wider plan to paralyse the Legislative Council.

The court said the issues are of “great and general importance” because they concern how to draw the boundary between criminal conduct and the exercise of constitutional duties, powers, and functions by lawmakers. Despite the endorsement, the top court still has discretion to decide whether it will permit the 11 appellants to advance their case before the Court of Final Appeal.

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