Hong Kong 47: some defendants ‘dragged’ into legal trouble over unofficial primary by ‘populist’ party leaders, court hears

A former opposition politician testifying for prosecutors in Hong Kong’s largest national security trial has expressed sympathy for some of the 47 defendants facing subversion charges over an unofficial primary, saying they had become embroiled in legal trouble due to the “populist” approach adopted by their party leaders.

West Kowloon Court heard on Monday that Au Nok-hin, a defendant-turned prosecution witness, wrote a letter on January 26 to one of the accused to express his views on the high-profile case.

“The key factor, after all, is the individual conduct and speeches [made by the defendants],” Au said in his letter to Tat Cheng Tat-hung, who is among 16 defendants contesting the charge. “I bet in your case, you have been dragged into this by your party.”

Au was cross-examined by the defence on the 20th day of the trial scheduled to last 90 days. Prosecutors have accused the 47 of holding the primary to ensure they won a majority in the Legislative Council so they could paralyse the government by blocking budgets and bills, forcing then leader Carrie Lam Cheng Yuet-ngor to step down.

The 16 denied a joint count of conspiracy to commit subversion when the trial started in early February, while the remaining 31 others have pleaded guilty or indicated they would admit liability.

One of the key documents prosecutors submitted as evidence was an online declaration signed by most of the 47, whereby they allegedly pledged to indiscriminately veto the budgets once they were elected lawmakers.

Au’s letter, initially marked as unused material by the prosecution, was taken up by one of the defence lawyers in an attempt to show his client’s lack of intention to flout the Beijing-decreed national security law when he agreed to take part in the unofficial poll in July 2020.