NSL Trial of 47 Democrats: 5 Developments This Week (6 - 10 March 2023)
Week 5: 6 - 10 March 2023
The long-anticipated trial of the 47 democrats opened on Monday 6 February 2023. The trial concerns the 47 democrats who organised or participated in “unofficial” primaries in July 2020. As a result of these primaries, 55 people were arrested in January 2021, in the largest crackdown since the National Security Law was passed.
Of these, 47 have been accused of “conspiracy to commit subversion” and are now facing trial. The majority of defendants have been in detention for 2 years, as only 13 have been granted bail. 31 of the defendants have pleaded guilty. This is one of the most significant trials since the National Security Law (NSL) was passed.
Here are the updates on the fifth week of the trial of the 47 democrats:
Development 1: UN Committee concludes that the independence of the judiciary has been abolished in Hong Kong
Last month, the UN reviewed China (including Hong Kong’s) compliance with its economic, social, and cultural rights obligations. The concluding observations were released this week.
Notably, the findings included that the NSL “has de facto abolished the independence of the judiciary of Hong Kong SAR” and raised concern about a “lack of transparency regarding their detention and trials, and the lack of access to lawyers during the proceedings.” This is in addition to other findings on how the NSL violates economic, social, and cultural rights. You can read Hong Kong Watch’s summary here. The Hong Kong government strongly objected to these “unfounded and misleading concluding observations.”
These findings are timely in relation to the trial of the 47 democrats, which is the most significant NSL trial so far, where concerns have already been raised about judicial independence and the rights to fair trial. This trial may set a precedent for cementing the erosion of the legal system in Hong Kong, and further morph it into a Beijing-approved system without due process.
Development 2: Au Nok-hin testifies that primary plan was ‘insane’ proposal for ‘mutual destruction’
Previously, the court heard that the 2020 unofficial primary elections were organised to select the best candidates for the Legislative Council election.
This week, Au Nok-hin testified that the primary elections were in fact part of an “insane” blueprint for “mutual destruction.” Au stated that Benny Tai had written articles arguing that Hong Kong’s leadership could be toppled if the opposition could block government budgets and bills in the Legislative Council. This adds to the argument that prosecutors had previously told the court, which was that Tai conspired a “destructive manifesto in 10 steps to ‘mutual destruction’” to undermine the government by manipulating the electoral system.
Development 3: Au Nok-hin testifies on the Five Demands
In addition to the above testimony during his cross-examination, Au Nok-hin also confirmed that the group’s Five Demands included the withdrawal of the Extraditional Bill (The Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation Bill 2019), a suggested bill that led to mass protests in 2019-2020.
The other demands were the stepping down of then Chief Executive Carrie Lam and the accountability of officials for "police brutality" which the primary election officials did not provide an official definition for. The judge asked whether it was possible to please everyone by not defining them and Au replied that this was the state of the public debate at the time.
Development 4: Au Nok-hin contradicts prosecution and testifies that activist Gordon Ng not an organiser of primary polls
In his cross-examination, former lawmaker turned prosecution witness Au Nok-hin testified that he did not consider one of the 47 activists Gordon Ng as an organiser of the primary polls.
His testimony contradicts previous claims by the prosecutor that Gordon Ng played a key role in “planning, organising and advancing” the alleged conspiracy to commit subversion.
Au Nok-hin also sought to distance himself from one of the primary organisers, academic and activist Benny Tai, claiming that there was a “clear difference” between him and Tai, as he focused coordination work within the pro-democracy camp on the aim of maximising their chances of winning the legislative race.
Development 5: Wong Ji-yuet remanded in custody
Wong Ji-yuet, one of the 47 democrats, has pleaded guilty to rioting and remanded in custody. This is a separate case related to an event on Nathan Road in Yau Ma Tei on November 18, 2019. Eight others also plead guilty to rioting. The event in question was one to show support for the protesters involved in the siege of Hong Kong Polytechnic University.
Wong, a former spokesperson for the student group Demosisto, was detained for 10 months while awaiting the trial of the 47. However, she was granted bail in December 2021 on conditions including that she must not publish, share or forward commentaries, or commit acts that may endanger national security.