NSL Trial of 47 Democrats: 5 Developments This Week (17 - 21 April 2023)

Week 11: 17 - 21 April 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 eleventh week of the trial of the 47 democrats: 

Development 1: The pro-democracy movement allegedly ‘hijacked’

This week, Andrew Chiu, member of the Democratic Party and former convenor of Power for Democracy turned state witness, continued to testify. 

He claimed that the pro-democracy movement had been ‘hijacked’ by Benny Tai and local protesters, into the conspiracy to commit subversion, which was not Chiu’s plan. The judge examined the relevant documents regarding the claim that Chiu was ‘hijacked’ and pointed out that he "doesn't look like a victim of hijacking unless you suffer from 'Stockholm Syndrome'".

Development 2: Consensus among candidates was allegedly forced 

Andrew Chiu further testified that the consensus mentioned in the primary election nomination form was not agreed upon. He stated that there were no written or oral regulations on how to reach a consensus on the 35+ plan and that Benny Tai was to discuss the details with individual candidates in private. 

He added that the original primary election candidates were not required to sign any documents, but some local protesters forced them to sign the coordination content on the grounds that the other party had signed the statement. 

Development 3: Andrew Chiu discussed “common platform” document 

In addition to Andrew Chiu’s testimony regarding the lack of consensus among candidates and the alleged forced consensus, he shed light on the “common platform” document which was used for the consensus and included a veto option. 

He confirmed that six candidates for the primary election in Kowloon East included the "common platform" when submitting their nomination forms. However, the prosecutor pointed out that the document was not attached and that it was later added by Power for Democracy after a request. Andrew Chiu then said that he “didn’t know” about the situation under further testimony. 

Development 4: New union caused shifts in dynamics

Furthermore, Andrew Chiu discussed the new union of health service workers that was established during the anti-extradition movement, which caused a “change” in the power dynamics amongst the pro-democracy camp. He maintained that the progressives had the upper hand, but added that the new union led the primary election campaign for this sector.  

Andrew Chiu further stated that the health service workers held an election coordinating meeting and primary elections. In examining the primary election document for the health service sector (35+立會過半計劃 民主派衛生服務界協調機制協議), which was sent by Benny Tai, Chiu was asked whether Tai himself came up with the agreement. 

Chiu responded that he was not sure, but that Tai had mentioned that he had “discussed carefully” with the candidates from the health service sector and described him as a mediator. He did not ask for further details and cannot confirm whether Tai actually contacted them. 

Development 5: Andrew Chiu’s credibility is questioned

Trevor Beel, the lawyer for Gwyneth Ho, cross-examined Andrew Chiu this week. He first asked him about a Facebook post he wrote after being bitten on the ear, which contained the statement “fight against tyranny.” Chiu simply replied that he was “unwell and in hospital at that time (嗰陣時我喺醫院瞓咗喺度)” 

The judge asked about the direction of the questioning and Beel emphasised that he was assessing Chiu’s credibility as a witness. The judge pointed out that the court has no position on this and added that Beel's cross-examination may expand the conspirators doctrine.Beel continued to ask Chiu about Power to Democracy Facebook posts and asked whether he supported the statement “anti-tyranny”, to which Chiu denied using this phrase.  

Lastly, when asked about his relationship with Benny Tai, Chiu admitted that he held resentment. He said he “absolutely would not” regard him as a close friend and called him a “big thinker [and] great scholar”.