Hong Kong 47: Election officials to testify in democrats' national security trial, prosecutors reveal

Hong Kong prosecutors are set to summon election officials to testify in a landmark national security trial relating to 47 prominent pro-democracy figures, a local court has heard.

Government officials from the Registration and Electoral Office are expected to testify for the prosecution in the closely-watched trial of former lawmakers, ex-district councillors, a former journalist and other activists, Deputy Director of Public Prosecutions (l) Jonathan Man Tak-ho said on Friday.

West Kowloon Law Courts Building. — West Kowloon Law Courts Building, where the democrats’ national security trial takes place. Photo: Kyle Lam/HKFP.

He originally estimated that it would take four weeks for the prosecution to call all of its witnesses and have them cross-examined by the defence. But High Court judge Alex Lee, one of the three handpicked judges hearing the case, questioned whether the approximation was “a little bit too optimistic.”

“Then six weeks or even more would be a more realistic estimation,” the prosecutor replied.

Sixteen democrats are facing a no-jury trial after they denied the charge of conspiracy to commit subversion, which warrants a maximum penalty of life imprisonment under the Beijing-enacted national security law. The case has 47 defendants in total, 31 of whom have pleaded guilty and are awaiting sentencing after the 90-day trial concludes.

Lee Yue-shun outside the West Kowloon Law Courts Building on February 9, 2023. Photo: Kyle Lam/HKFP.

The alleged conspiracy evolves around an unofficial primary election held in July 2020, which aimed to help the pro-democracy camp win a controlling majority in the Legislative Council.

The defendants stand accused of intending to abuse their powers as lawmakers, if elected, to indiscriminately veto budgets, paralyse government operations and ultimately force the chief executive to resign.

Witnesses for the prosecution are expected to give their statements in court starting next Monday. Man said they would first call accomplice witnesses to the stand, including defendants Au Nok-hin, Andrew Chiu, Ben Chung and Mike Lam.

The court allowed the prosecution to include two police sergeants as expert witnesses, who will give evidence on the operation of Facebook and YouTube. Another witness would be called by prosecutors to testify on a coordination meeting held and attended by some defendants.

The approval was granted after barrister Trevor Beel argued that the defence had received written statements from the expert witnesses late, which caused “irredeemable prejudice” to his client Gwyneth Ho, a former reporter for now-defunct online news outlet Stand News.

Prosecutor Man rebutted by saying those expert witnesses would not be called until mid-April, which would give the defence sufficient time to prepare.

Judge Alex Lee asked the defence to “take firm instructions” from their clients on whether they would like to challenge the authenticity and admissibility of social media contents attributed to them. Any disputes should be raised next Monday, he said.

“If that issue needs to be decided, it will have a serious impact on the future conduct of the trial,” Lee said, adding he and judges Andrew Chan and Johnny Chan would need to “canvas options,” including splitting the case into separate groups of defendants.

Curfew lifted

The high-profile trial began on Monday, almost two years after the democrats were first brought to court in March 2021. Only 13 of the 47 defendants are currently on bail and are subject to a list of restrictions, including curfews, being barred from giving media interviews and contacting foreign politicians or government officials.

Defendant Lawrence Lau outside the West Kowloon Law Courts Building on February 9, 2023. Photo: Kyle Lam/HKFP.

The court on Friday approved applications from the defence for curfews to be waived during the lengthy trial. The judges also lifted the requirement for the defendants on bail to report to the police during the week.

The trial will resume next Monday morning.

In June 2020, Beijing inserted national security legislation directly into Hong Kong’s mini-constitution – bypassing the local legislature – following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts, which were broadly defined to include disruption to transport and other infrastructure. The move gave police sweeping new powers, alarming democrats, civil society groups and trade partners, as such laws have been used broadly to silence and punish dissidents in China. However, the authorities say it has restored stability and peace to the city.