NSL Trial of 47 Democrats: 5 Developments This Week (13 - 17 March 2023)

Week 6: 13 - 17 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 sixth week of the trial of the 47 democrats: 

Development 1: Former-lawmaker turned state witness Au-nok Hin admits that he and Benny Tai were “the primary movers” behind the election poll

This week, the cross-examination of the former lawmaker turned state witness Au Nok-hincontinued with Au Nok-hin admitting that alongside academic Benny Tai, he was the other “primary mover” behind the decision to hold a primary election. 

Au Nok-hin detailed for the court that he was responsible for executing the organisation of the primary election, including “attending the coordination meetings, contacting people from different [political] parties and communicating with them where necessary,” as well as “organising all of the election forums”. 

Development 2: Democratic Party primary candidates refused to sign documents relating to vetoing the Hong Kong Government’s budget

On Tuesday, under cross-examination, the former lawmaker turned state witness Au Nok-hin who organised the primary elections confirmed that Lam Cheuk-ting and Helena Wong – both of whom were Democratic Party lawmakers - refused to sign documents committing to vetoing the Government’s budget. Neither did any candidate associated with the Democratic Party.

Similarly, Au Nok-hin under cross-examination confirmed that neither mentioned vetoing the Government’s budget in campaign material. 

Development 3: Common primary platform amongst democrats was not signed due to fears of disqualification 

This week, as the cross-examination of Au Nok-hin continued, the court heard that the reason primary organiser Benny Tai stated in a press conference on 6 June 2020 that there was no common primary platform amongst those running was because many feared disqualification from the Chinese Government in Beijing.

Development 4: Au Nok-hin admits that he did not contact candidates seeking to run in functional constituencies 

On Thursday, Au Nok-hin confirmed that as one of the “prime movers” behind the primary elections he did not contact candidates seeking to run in the functional constituencies controlled by sectors of Hong Kong’s economy. 

Au Nok-hin went on to admit under cross-examination that any attempt to form a majority in the Legislative Council to block the Hong Kong Government would struggle when it came to the functional constituency seats, as they would take into consideration the “sectors’ interests”.

Development 5: Au-nok Hin intended to retire from politics and move to Japan after the Legislative Council elections 

Au Nok-hin under cross-examination told the court that after the successful completion of the Legislative Council elections he intended to retire from politics and take up a teaching position in Japan.