Eight people who were not prosecuted in the landmark Hong Kong 47 national security case have been given back their passports by the authorities, more than five years after they were arrested.

According to local media reports, former Democratic Party lawmakers James To and Roy Kwong, as well as ex-healthcare sector lawmaker Joseph Lee, have had their passports returned after they were arrested in January 2021.

Along with dozens of others, they were suspected of taking part in a subversion plot whereby a primary election was held in a bid to win the 2020 legislative election. A total of 47 democrats were charged under the Beijing-imposed national security law.

Two defendants were acquitted in May 2024, and the remaining 45 later received jail terms of up to a decade.

Also among those who had their passports returned were social worker Jeffrey Andrews, who works on ethnic minority issues, and John Clancey, a US citizen who has lived in and practised as a lawyer in Hong Kong for decades.

Clancey was the only organiser of the primaries who was not charged.

Former principal of the Union Hospital School of Nursing Yuen Wai-kit and nurse Michael Lau, as well as Lee Chi-yung, the former chair of the Association of Family Carers of Severely Intellectually Disabled Persons, were also given back their passports.

HKFP has reached out to the police for comment.

Former Democratic Party lawmaker To, who retired from politics after his arrest and subsequent release on bail, has reunited with his family in the UK, according to local media reports.

The party, which was once Hong Kong’s largest opposition group, announced its decision to disband last December.

Andrews’ passport returned last year

Andrews told HKFP on Friday that his passport was returned last April: “[I’ve] been able to fly around the world again – just grateful that I can continue my social service work and, of course, it’s been a huge relief for my family! The false news about me emigrating to the US was a shock. I love Hong Kong immensely and want to contribute continually to make our city a truly inclusive and diverse city.”

Andrews’ Instagram profile showed him in the US in June and July. “I finally got to get on a flight back to the States after 6 years,” he said in a post dated June 24.

In a Facebook post, Andrews said he is still working locally: “I continue to serve as a social worker in Chungking Mansions and contribute to society in every way I possibly can. For nearly 17 years in this building and organisation that I work for our mission is make our city a racially, culturally and religiously inclusive and vibrant international city we all call home!”