Hong Kong 47 trial: court finds 16 opposition figures have joint subversion case to answer over unofficial primary
- Three judges, picked by city’s leader to hear trial, say prosecutors have produced sufficient evidence for prima facie case of conspiracy to subvert state power
- Group among 47 politicians, activists charged over alleged plot to paralyse city government, topple chief executive by seizing Legco majority
A Hong Kong court has found a case to answer for all 16 opposition figures contesting a joint subversion charge over their roles in an unofficial legislative primary election three years ago.
Three judges, all approved by the city’s leader to hear the high-profile trial, told the West Kowloon Court on Friday that prosecutors had produced sufficient evidence for a prima facie case of conspiracy to subvert state power. They have reserved their reasons.
The ruling came after prosecutors closed their case against the 16 who were among 47 politicians and activists charged over an alleged plot to paralyse the city government and topple then-chief executive Carrie Lam Cheng Yuet-ngor by seizing a controlling majority in the Legislative Council to block government budgets.
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Thirteen defendants who ran in the opposition-led primary in July 2020 said they were inclined to testify. They include former lawmakers “Long Hair” Leung Kwok-hung, Raymond Chan Chi-chuen, Helena Wong Pik-wan and Lam Cheuk-ting, as well as journalist-turned-activist Gwyneth Ho Kwai-lam.
Gordon Ng Ching-hang, allegedly an organiser of the poll, said he might not give evidence but his lawyers would call two people to the witness box.
The court now expects to spend about 39 days hearing from the defence. The first witness testifying for Ng will appear in court on Monday.
Lawyers representing four of the accused earlier asked the court to release their clients on the grounds the prosecution had failed to prove the defendants had used any “unlawful means” to achieve their political goals.
The counsel contended it was an essential element prosecutors were required to prove to secure convictions, but they were unable to submit evidence of the allegedly illegal acts done by the accused individually.
Lawyers also submitted that the definition of unlawful means had been left “in a vacuum” until an amendment to the Interpretation and General Clauses Ordinance was gazetted in May 2021, almost 10 months after the primary was held.
The amendment stipulates that a person is not considered to be upholding the Basic Law, the city’s mini-constitution, and bearing allegiance to Hong Kong if he or she intends to threaten the government by indiscriminately vetoing its motions.
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But prosecutors argued using the government’s budgets as a bargaining chip to coerce officials to accede to politicians’ demands could not have been lawful as a matter of “common sense”, adding the defendants could be found guilty of conspiracy even in the absence of evidence about their overt actions.
Thirty-one of the 47 defendants in the case have pleaded guilty or indicated they would admit liability.
They include four primary organisers: former law professor Benny Tai Yiu-ting, and ex-politicians Au Nok-hin, Andrew Chiu Ka-yin and Ben Chung Kam-lun.
The latter three and merchant Mike Lam King-nam, a participant of the primary, have previously appeared in the witness box.
