Political prisoner trial developments in Hong Kong last week (8 - 12 May 2023)
Trial of the 47 democrats
Week 14: 8 - 12 May 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 fourteenth week of the trial of the 47 democrats:
Development 1: Court grants prosecution witness anonymity
As the national security trial of the 47 democrats entered its fourteenth week, the court granted a Department for Justice request to allow a prosecution witness to give testimony anonymously.
High Court judge Andrew Chan said there was a need to prevent the witness from being harassed by someone with an “ulterior motive.”
The media is currently barred from disclosing any information which may lead members of the public to identify the witness. The witness was also allowed to give evidence behind a screen and use a special passageway to enter and exit the court.
Development 2: Court hears secret recordings of primary participants meetings provided by anonymous witness
This week the court heard secret recordings of discussions involving the primary participants provided by the prosecution’s anonymous witness.
In the selective recordings played for the court, academic Benny Tai is alleged to have been heard saying that he wanted pro-democracy candidates to form a majority in the Legislative Council.
Much of the cross-examination included discussion over the timing of when the recordings were formally sent to the police and whether they are a violation of the discussion participants' privacy.
Development 3: Trial adjourned for two days after a defendant tests positive for COVID-19
The trial of the 47 democrats was adjourned for two days after one of the defendants tested positive for COVID-19. The judge stated that the case would resume early next week.
Political prisoner trial developments:
Hong Kong “Patriots Only” Legislative Council rubber stamps ban on overseas lawyers participating in national security cases
A bill that allows Hong Kong authorities to ban overseas lawyers from taking part in national security cases was rubber stamped by the “Patriots Only” Legislative Council on Wednesday.
The new amendment to the Legal Practitioners Ordinance, follows the National People’s Congress (NPC) Standing Committee interpreting the National Security Law to grant Hong Kong Chief Executive John Lee the powers to ban overseas lawyers from representing suspects under the National Security Law.
It is expected that this new power will be used to bar UK lawyer Tim Owens KC from representing Jimmy Lai in his pending national security trial.
Chinese diplomats visit the office of South Korean human rights NGO to protest the awarding of a human rights prize to Chow Hang-tung
Three officials from the Chinese embassy in South Korea have visited the office of a Korean organisation after it awarded a rights prize to a detained Hong Kong Tiananmen crackdown vigil activist Chow Hang-tung.
The alleged visit to the May 18 Foundation came after it picked Chow Hang-tung – the ex-vice-chairperson of the defunct Hong Kong Alliance in Support of Patriotic Democratic Movements of China – as this year’s winner of the Gwangju Prize for Human Rights.
During the meeting the Chinese officials said the human rights award was “meant for good,” so it should not be given to Chow, as they claimed that she was “a criminal under detention in prison,”.
Pillar of Shame statue commemorating Tiananmen Square Massacre seized as evidence for national security trial
The Pillar of the Shame statue commemorating the Tiananmen Square Massacre which previously stood at Hong Kong University has been seized by the National Security Police for an incitement to subversion case.