16 Hong Kong democrats to face verdict in landmark national security trial over unofficial primary election
Hong Kong Free Press
A Hong Kong court is set to rule on 16 pro-democracy figures’ involvement in the city’s largest national security case to date. It has been more than three years since they were arrested and charged along with 31 others in connection with an unofficial legislative primary election.
On Thursday, three hand-picked national security judges are set to deliver their verdicts for 16 former lawmakers, ex-district councillors and activists, all of whom pleaded not guilty to taking part in a conspiracy to commit subversion in August 2022, as the lengthy judicial process finally nears its end.
See also: Who are the 16 Hong Kong democrats awaiting verdict in the city’s largest national security trial?
If convicted, the defendants face three tiers of penalty depending on their level of participation in the offence. The maximum sentence is life in prison, while the minimum sentence is “fixed term imprisonment of not more than three years, short-term detention or restriction.”
Most of the 47 defendants have been detained since a marathon bail hearing in March 2021, with 12 currently out on bail.
Around 60 people and dozens of journalists from local and international media outlets were waiting outside the West Kowloon Law Courts Building by 7 am on Thursday. Some had bought chairs to sit on as they waited for tickets that would allow them to witness proceedings from the public gallery.
A woman who gave her surname as Lee, 56, told HKFP that she had arrived at around 4 am on Thursday. Around a dozen people were already in line when she arrived, she added.
A regular court goer, Lee said she had arrived early because the 47 democrats case was an “important event” for Hong Kong, and she knew some of the defendants in the case.
“Some of them were given bail, but I may not be able to see them after today,” Lee said.
She added the suspicion of having “paid” court goers wait in line for tickets when the trial began in February last year made her and other attendees want to arrive earlier to secure tickets for the public gallery.
‘Mutual destruction’
At the centre of the case is an unofficial primary poll held in July 2020, which aimed to help the opposition camp win majority control of the legislature in an upcoming election. The alleged conspiracy was initiated and promoted by former law professor Benny Tai – who is among the 31 defendants to plead guilty – prosecutors have alleged.
According to the prosecution, Tai had outlined a roadmap of “Ten steps to real mutual destruction,” with an “end game” of plunging Hong Kong into a state of political and socioeconomic chaos.
Timetable of Benny Tai’s “Ten steps to real mutual destruction” – click to view
Step 1 (July to August 2020): The government would extensively disqualify the candidacy of pro-democrats, including the incumbent LegCo Members, in the election. The plan B candidates of the pro-democracy camp would run in the election instead.
Step 2 (September 2020): Triggered by the intervention of Hong Kong & Macao Affairs Office of the State Council and the Liaison Office of the Central People’s Government and the said disqualification, more Hong Kong people would be driven to vote for the pro-democracy camp. Coupled with strategic voting, it would allow the pro-democracy camp to secure 35 seats or more.
Step 3 (October 2020): The chief executive and the Department of Justice would commence judicial proceedings to disqualify LegCo members of the pro-democracy camp. However, as court proceedings would take some time, the pro-democracy camp would continue to dominate the LegCo.
Step 4 (October 2020 to April 2021): All the appropriation applications made by the government to the LegCo would be indiscriminately vetoed by the LegCo. The government could only maintain general operation.
Step 5 (May 2021): The LegCo would indiscriminately veto the budget introduced by the government. As a result, the chief executive would dissolve the LegCo and the operation of the government would be maintained by provisional appropriations.
Step 6 (October 2021): There would be an election for a new LegCo. The pro-democracy camp would have to send the plan C candidates to run since the plan B candidates might have been disqualified as well. Nevertheless, they would still manage to secure more than 35 seats.
Step 7 (November 2021): The LegCo members would indiscriminately veto the budget again. The chief executive would thus have to resign and the government would come to a shutdown.
Step 8 (December 2021): The Standing Committee of the National People’s Congress would declare that Hong Kong had entered a state of emergency and the Central authorities would directly apply the National Security Law of the PRC in Hong Kong. The LegCo would be dissolved and a provisional LegCo would be established. The next chief executive would be selected through consultations. There would be large scale of apprehension and detention of the leaders of the pro-democracy camp.
Step 9 (after December 2021): Street rebellion would exacerbate within the Hong Kong community, thus triggering a very bloody crackdown. Hong Kong people would launch a general city-wide strike, which would bring the Hong Kong society to a standstill.
Step 10 (after January 2022): Western countries would impose political and economic sanctions on the [Chinese Communist Party].
Winning majority control in the legislature was one of the steps Tai proposed. The prosecution argued that the defendants intended to abuse their legislative powers to indiscriminately veto bills, forcing the chief executive’s resignation and a government shutdown.
Evidence
During the 118-day trial that began last February, the prosecution presented its argument that the 16 defendants were all involved in the alleged conspiracy. Gordon Ng, who proposed and campaigned for a voting strategy known as “Say No Primary Dodgers,” was said to be one of the polls’ organisers. The other 15 defendants took part in the election.
To support their claims, prosecutors relied on the testimonies of four defendants, who became witnesses for the prosecution. They were ex-legislator Au Nok-hin, ex-district councillors Andrew Chiu and Ben Chung, and businessman Mike Lam, who changed his plea to guilty shortly before the trial was set to start.
An anonymous witness, police officers and an election officer were also called to the stand.
Judges were presented with newspaper articles, advertisements and other publicity materials related to the primary election as evidence from the prosecution. They also watched video footage of press conferences, interviews, street rallies and election forums.
Key documents
The prosecution cited three main documents in arguing that the democrats were guilty. The first was an online declaration known as “Resolute Resistance, Inked Without Regret,” signed by 33 defendants who ran in the primary election. The Civic Party and Neo Democrats also signed on behalf of their candidates that took part in the primary polls.
The signatories endorsed the five demands made by Hong Kong protesters in 2019. They declared that they would use the power conferred to lawmakers under the Basic Law – including vetoing the budget – to compel the chief executive to respond to those demands. Among the demands were withdrawing charges against all protesters, and holding parties accountable for alleged police brutality.
Another important document was a primary nomination form, which included a line that stated the candidate agreed to support a consensus, which the prosecution said included exercising lawmakers’ legislative power to veto the budget and backing the five demands.
The prosecution also made frequent reference to an agreement signed by candidates in the Kowloon East geographical constituency, which said candidates agreed to deploy the powers conferred in the city’s mini-constitution, including indiscriminately vetoing the budget, to force the city’s leader to respond to the five demands.
Beijing inserted national security legislation directly into Hong Kong’s mini-constitution in June 2020 following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts – broadly defined to include disruption to transport and other infrastructure. The move gave police sweeping new powers and led to hundreds of arrests amid new legal precedents, while dozens of civil society groups disappeared. The authorities say it restored stability and peace to the city, rejecting criticism from trade partners, the UN and NGOs.
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