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Hong Kong national security law (NSL)
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A group of 16 opposition politicians and activists are among 47 people prosecuted for what Beijing called a “blatant challenge” to the law following a July 2020 poll. Photo: Sam Tsang

Hong Kong 47: heavy police presence planned as court to rule on 16 opposition figures over subversion charges, plot to topple then chief executive

  • Group is among 47 people prosecuted for what Beijing calls a ‘blatant challenge’ to the law after estimated 610,000 voted in July 2020 to pick candidates for Legco election
  • Mass arrest and prosecution in 2021 triggered backlash from West, with US sanctioning six Beijing and Hong Kong officials

Three Hong Kong judges will announce on Thursday amid a heavy police presence whether 16 opposition politicians and activists have breached the national security law by conspiring to subvert state power through their participation in an unofficial legislative primary election four years ago.

The 16 accused were among 47 people prosecuted for what Beijing called a “blatant challenge” to the law after an estimated 610,000 voters cast their ballot in July 2020 to pick their ideal candidates for the Legislative Council election initially scheduled that year.

A source familiar with the matter told the Post that hundreds of officers, including national security police, would be stationed outside West Kowloon Court. The police tactical unit, traffic police, crime wing officers and public relations officers would also be present alongside the force’s vehicles.

The mass arrest and prosecution in 2021 triggered a backlash from the West, with the United States sanctioning six Beijing and Hong Kong officials over the “appalling crackdown on pro-democracy politicians and activists”.
Prosecutors have described the primary as a plot to turn Legco into a “lethal constitutional weapon” against the government, a term borrowed from an article written by legal scholar Benny Tai Yiu-ting.

Prosecutors consider Tai the primary’s initiator and allege the poll was part of his “grand strategy of rebellion” to achieve Hong Kong’s “mutual destruction”.

They argued the 47 opposition figures had conspired to win control of Legco and paralyse the government by indiscriminately vetoing the fiscal budget.

The 16 who stood trial at West Kowloon Court included four former lawmakers: Helena Wong Pik-wan, Lam Cheuk-ting, Raymond Chan Chi-chuen and “Long Hair” Leung Kwok-hung.

Eight defendants are former district councillors: Tat Cheng Tat-hung, Clarisse Yeung Suet-ying, Michael Pang Cheuk-kei, Kalvin Ho Ka-ming, Sze Tak-loy, Ricky Or Yiu-lam, Lee Yue-shun and Lawrence Lau Wai-chung, who is also a barrister by profession.

The remaining four, Owen Chow Ka-shing, Gwyneth Ho Kwai-lam, Winnie Yu Wai-ming and Gordon Ng Ching-hang, are all activists.

Prosecutors alleged Ng helped to organise the primary by urging voters to only vote for candidates who took part in the poll and agreed to be bound by its result.

Residents line up to vote in the primary election in Tai Po in July 2020. Prosecutors have argued the defendants conspired to win control of Legco and paralyse the government. Photo: Felix Wong

However, two organisers turned prosecution witnesses, Au Nok-hin and Andrew Chiu Ka-yin, both testified that they did not know Ng before their arrest and did not consider the activist’s appeal as part of the unofficial election process.

The rest of the accused were said to have agreed to further Tai’s conspiracy by running in the primary.

Ten of them who gave evidence in court denied reaching an agreement to vote down the government’s financial blueprint to cripple the city’s administration.

Two key points in contention are whether a conspiracy existed among the participants to subvert state power and whether an indiscriminate vote against the government’s budget constituted an “unlawful means” as defined by the national security law.

After the verdict, the court will hear pleas of mitigation from those convicted, including Tai and 30 others who pleaded guilty before the trial.

The mitigation hearings will be held after the adjournment of media mogul Jimmy Lai Chee-ying’s national security trial, which is also being heard at West Kowloon Court.
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