Hong Kong 47: court told Hong Kong opposition split over how to choose best candidates in 2020 unofficial primary
- Former lawmaker tells court prospective primary candidates ‘took it for granted’ they could reject legislation under city’s mini-constitution
- Judges hear opposition planned to force chief executive to give in to five demands, including holding an inquiry into alleged police brutality in 2019 unrest
Hong Kong’s opposition camp was divided over how to pick the best candidates to run for the legislature through a 2020 primary election, an organiser testifying for the prosecution told a court hearing the city’s biggest national security trial on Tuesday.
Former lawmaker Au Nok-hin told West Kowloon Court that preliminary discussions over the unofficial primary in July 2020 concentrated on its format and procedures rather than what it wanted to achieve.
Traditional parties feared they would be at a disadvantage if supporters were to cast their ballots in the primary by electronic means and novice candidates worried about running up huge expenses, the court heard.
But Au said that prospective primary candidates generally had no problem with blocking government budgets as a way to put pressure on the authorities because they “took it for granted” that they were entitled to reject bills under the Basic Law, the city’s mini-constitution.
“At that time, nobody was particularly concerned about invoking powers under the Basic Law or believed it was something that really deserved their attention … there were many pro-democracy parties and lawmakers who vetoed the budgets every time without suffering any consequences,” he explained.
Au, who started giving his evidence on Monday, was among 47 opposition figures charged under the Beijing-imposed national security law for organising or taking part in the primary allegedly with the aim of overthrowing the government.
A total of 16 defendants have denied conspiracy to commit subversion. The 31 others have pleaded guilty or indicated they would admit the charge.
Four defendants have agreed to give evidence for the prosecution, including Au and two other coordinators of the unofficial poll.
The 47 were accused of trying to win a majority in the Legislative Council to paralyse the government by blocking budgets and other legislation.
They were said to have plotted to force then chief executive Carrie Lam Cheng Yuet-ngor into giving in to five demands raised by anti-government protesters during the 2019 unrest.
The demands included holding of an independent inquiry into allegations of police brutality and the introduction of genuine universal suffrage.
Hong Kong 47: ex-lawmaker says opposition plotted Legco ‘weapon of mass destruction’
Prosecutors argued the conspiracy would have succeeded if the 2020 Legco election had not been postponed by a year because of the Covid-19 pandemic.
Au told the court on Tuesday that opposition politicians and activists had mixed views on holding a primary election.
He said veteran democrats Lee Wing-tat and Lee Cheuk-yan resisted the idea in January 2020 when they first discussed it with Au and former law professor Benny Tai Yiu-ting, a key supporter of the unofficial primary.
The ex-University of Hong Kong law lecturer and Au met 10 core members of the Civic Party the next month and Tai pointed out the opposition bloc, if it won control, could trigger Legco’s dissolution if it twice rejected government budgets.
Au added Tanya Chan, one of the party members at the meeting, said those elected through functional constituencies might have reservations over the move as they would need to take into account the interests of the sectors that they represented.
Others raised concerns about using electronic votes in the primary and suggested it could give radical activists the upper hand.
The witness said activist Joshua Wong Chi-fung had suggested to him “as a friend” that he should withdraw from the scheme as he knew that Au was going to study abroad in late 2020.
2 Hong Kong opposition figures to plead guilty to charges over unofficial poll
The court heard a series of coordination meetings were held from March 2020 to settle differences over the primary’s logistics, such as how to replace a candidate disqualified by the election authorities.
Au said Tai had included a statement in discussion memos for the meetings where he appealed to participants to “exercise the power under the Basic Law to veto the budgets” after they were elected.
“His explanation was that … if the government refuses to listen to the people, you have to invoke that constitutional power,” Au added.
Mr Justice Alex Lee Wan-tang, one of three judges hearing the case, highlighted that no one “voiced any objection” to Tai’s statement when it was put to prospective candidates from the Kowloon East geographical constituency at one of the meetings.
“I think that is a fair statement,” Au said.
The trial continues.
