Hong Kong’s stability and livelihood could have been ‘gravely affected’ by 2020 unofficial primary scheme, court hears
- Prosecutor alleges objective of defendants was to win Legco majority, paralyse government and topple then-chief executive Carrie Lam
- Trial hears online statement alleged to have been signed by some defendants was proof of ‘unwavering pledge’ to achieve subversive aims
Hong Kong’s stability and the livelihoods of its people could have been seriously compromised if the winners of an unofficial primary election in 2020 had been able to run for the city’s legislature, prosecutors have alleged in a subversion case involving 47 opposition figures.
The prosecution on Tuesday outlined their key evidence against the 47 defendants as they continued their opening speech at West Kowloon Court a day after the high-profile trial began.
Prosecutor Anthony Chau Tin-hang said the objective of the group was to seize a majority in the Legislative Council and use it to veto government budgets, paralyse its operations and ultimately to force Carrie Lam Cheng Yuet-ngor, then the chief executive, to resign.
“Had the election not been postponed due to public health concerns, the conspiracy would have been carried out to fruition and the provision of public services essential to the operation and stability of the HKSAR and the livelihoods of the people of the HKSAR would have been gravely affected,” Chau told the court.
It was alleged the opposition-led primary in July 2020 was part of a “grand strategy of rebellion” by former legal academic Benny Tai Yiu-ting, who had insisted his plan to topple Lam did not breach the Beijing-imposed 2020 national security law.
The prosecution also highlighted statements alleged to have been signed by some of the accused as proof of their “unwavering pledge” to achieve subversive goals irrespective of potential legal repercussions.
Sixteen of the 47, who include activists, politicians and former lawmakers, pleaded not guilty on Monday to a charge of conspiracy to commit subversion.
A total of 31 others, including Tai, await sentencing after they told the court they wanted to admit liability.
Three coordinators and a candidate in the unofficial poll earlier agreed to testify for the prosecution in exchange for shorter sentences.
The first witness, former legislator Au Nok-hin, is expected to appear in court next week.
‘Lethal weapon’: prosecutors take aim at 47 in Hong Kong national security trial
The opposition camp held the primary in the aftermath of the 2019 anti-government protests with a view to select its best candidates for the Legco election scheduled for September 2020.
The poll was, however, postponed for more than a year because of the Covid-19 pandemic.
The court was told former law professor Tai had considered the legality of the primary soon after the imposition of the national security law in June 2020, but decided his alleged scheme to overthrow Lam’s administration did not constitute secession, subversion or collusion with foreign forces, outlawed under the new legislation.
The prosecution said, despite a police investigation into the Hong Kong Public Opinion Research Institute, which provided technical support to the poll on July 11 and 12, 2020, Tai and his fellow coordinators started the primary process.
The Power for Democracy group raised HK$3.48 million (US$443,400) from crowdfunding in preparation for the unofficial election, the court heard, with HK$300,000 paid to the now-closed Apple Daily newspaper to hold a series of election forums to “disseminate the candidates’ subversive ideologies”.
Chau told the court Power for Democracy, now disbanded, had asked for help from “foreign powers and international bodies” in connection with the city’s internal affairs, and spread “discontent towards the government and its administration and legislature”.
2 Hong Kong opposition figures to plead guilty to charges over unofficial poll
Tai was also said to have raised concerns with fellow coordinators about leaving written records that outlined the candidates’ commitment to their political agenda.
But Chau alleged that did not stop 37 primary candidates, including 33 of the defendants, from signing an online declaration called “Resolute Resistance, Inked without Regret”.
The signatories were said to have pledged to implement Tai’s allegedly subversive scheme.
A similar joint statement by 13 of defendants representing “the localist resistance camp” was said to have contained similar promises.
All primary candidates, including 42 of the defendants, submitted nomination forms for the unofficial poll, which confirmed they would act in line with a “consensus” to force the government to give in to protesters’ demands, such as the implementation of genuine universal suffrage, the court heard.
The trial continues on Wednesday, when the prosecution will outline specific allegations against the defendants.
Separately, Beijing’s foreign affairs office in Hong Kong on Tuesday warned Western politicians, including from the United States, not to interfere with the city’s judicial independence by creating “fallacies” about the case. It referred to “the relevant bodies of the American Congress and its members”, without giving any names.
“Following the law and going after any lawbreaking acts strikes to the heart of the rule of law. No one has the privilege to put themselves above the law and no rights and freedoms can breach national security,” the spokesman said, accusing them of adopting “a double standard”.
He added the Western politicians’ attempt would not shake the foundation of the city’s rule of law and the international community’s confidence in it.
“We urge the Western politicians to correct their positions, recognise the reality, earnestly respect the spirit of the rule of law, and immediately stop interfering in and destroying the judicial system of Hong Kong,” he said.
The Hong Kong government also said it firmly rejected moves by some groups and members of the US Congress to interfere with the judicial proceedings, calling it a blatant attempt to undermine the city’s rule of law.
