Political prisoner trial developments in Hong Kong last two weeks (21-25 August and 28 August-1 September)

Trial of the 47 democrats

Weeks 29 and 30: (21-25 August and 28 August-1 September)

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 twenty-eighth week of the trial of the 47 democrats:

Development 1: Winnie Yu Testifies

Winnie Yu, a nurse and the former chairperson of the Hospital Authority Employees Alliance, a pro-democracy medics’ union, testified this week. She is currently on remand. 

When asked by the defense whether she would have consulted her supporters on how to vote on government bills, if elected, Yu said she would. Then, she added that she would veto all government bills. She said she would have looked at the contents of the bills and government malpractice and therefore have strong reason to vote against the bills. 

Yu was further asked about an opinion piece she wrote on Facebook about Beijing’s announcement that it would impose a national security law in Hong Kong, in May 2020. She explained her position that she wanted people in Hong Kong to not fear the law, but know how to legally resist it. 

In addition, she wrote in another article that lawmakers need to stop their “compromise and criticise” approach when negotiating with the authorities because they were prone to making concessions. 

Yu added that she wished for a more democratic system in Hong Kong and that at the time of the primaries, society was at a “stalemate” with the government. 

Development 2: Lee Yue-shun Testifies 

Lee Yue-shun, a member of the since-disbanded Civic Party and former district councilor, also testified. He expressed that he did not oppose his party’s stance on vetoing government funding.

However, he said that he did not agree with the Civic Party’s position of voting against the government budget to fight for the five demands that were popularised during the protests and unrest in 2019. 

Development 3: Trial Adjourned 

Now that all the defendants have testified, the trial has been adjourned to November for the prosecution and defense to prepare closing arguments. 

This includes the prosecutors and legal representatives of 16 former lawmakers, ex-district councilors and activists for around four months to prepare closing submissions. 

The trial will resume on 27 November 2023. 

Other Developments

Development 1: Kwok Cheuk-kin Under Pressure

Kwok Cheuk-kin, known as the ‘king of judicial reviews’, said that he is ‘unwell’ and ‘under pressure’ not to challenge the government bid to ban the 2019 protest song Glory to Hong Kong. He has been hospitalized and could not go to court. 

He initially intended to file a judicial review against the government’s bid to ban the song from being performed or disseminated with criminal intent. 

Development 2: Jens Galschiøt Arrest Warrant Unconfirmed

Two weeks ago, the Danish artist behind the Pillar of Shame, Jens Galschiøt received reports that Hong Kong’s national security police planned to arrest Galschiøt if he traveled to the city. 

They have already removed his artwork from the University of Hong Kong campus where it was displayed for 24 years, and then the national security police seized it for use as evidence for an incitement to subversion case involving the organiser of Hong Kong’s annual Tiananmen crackdown vigil and its three leading members. 

Galshiøt wrote a letter to the Hong Kong authorities asking for clarification on his alleged arrest warrant, and received a reply from the Secretary for Security Chris Tang that they do not comment on individual cases. In an interview this week, he added that he would not inform a thief that they were going to be arrested, and hence the same logic applies in this case.