Political prisoner trial developments in Hong Kong last week (10-14 July)
Trial of the 47 democrats
Week 23: (10-14 July)
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-third week of the trial of the 47 democrats:
Development 1: Sze Tak-loy Testifies
Sze Tak-loy (施德來), former chairperson of the Hong Kong Association for Democracy and People’s Livelihood (ADPL), testified this week.
The prosecution asked Sze about an online declaration titled “Resolute Resistance, Inked Without Regret” which he had signed. The declaration stated that the primary participants would use their power as lawmakers to veto the government’s budget. Sze separately stated that he would veto the budget at a forum in July 2020 as well.
Although Sze confirmed that he signed the declaration and made the statement, he said that he would not actually do it if he were elected. The prosecution asked if he lied to the public, to which he replied that “It’s not a lie. The aim is to fight for the five demands” and that voting down bills was a “negotiation strategy” to bargain with the government. He also explained how the ADPL was a moderate and also progressive political party.
Sze’s testimony ended this week and on Monday next week, former Stand News journalist Gwyneth Ho will testify.
Development 2: Wong Ji-yuet Jailed for Rioting
Wong Ji-yuet, former spokesperson of the disbanded pro-democracy party Demosisto, is among the 47 democrats on trial.
In a separate case, she has been sentenced to 37 months in prison for rioting in 2019, along with 13 other defendants who received jail sentences ranging from 36 months to 52 months. An additional defendant, who was 16 when arrested, was sentenced to a training centre, which is an alternative to prison for offenders under the age of 21. All 15 face a single charge of rioting on Nathan Road in Yau Ma Tei on November 18, 2019.
Other Developments
Development 1: Four Face Retrial for Rioting
This week, the Hong Kong’s Court of Appeal ruled that four people will face a retrial for rioting, because the original judge was “plainly wrong” in 2019.
The four are among 13 defendants who were accused of rioting during a protest in Wan Chai on August 31, 2019. The judge ruled all defendants not guilty in September and November 2020. He argued that wearing clothing of a certain colour was a matter of personal preference and the court should not arbitrarily treat people in black as rioters, which was what had happened. Soon after the District Court’s rulings, the Secretary for Justice lodged an appeal against all the verdicts.
At the moment, nine of the defendants are overseas and paperwork cannot be served on them, therefore only four are facing retrial.
Development 2: Police raid home of Derek Lam
Derek Lam, former member of defunct Hong Kong pro-democracy party Demosistō, was questioned by the police and had his home raided this week, and no arrest was made.
Nevertheless, the police stated that they took away two men and a woman, and that further operations, including arrests, will be made soon.
This comes after 5 members of Demosistō were arrested last week, for alleged connections with the 8 activists in exile who now have arrest warrants and bounties over their heads.
Development 3: Man Jailed for Insulting Flag
Yung Ching-man, 31, who was arrested in October 2022 and charged with one count of desecrating the Chinese national flag, has been sentenced to 18 days in jail.
Yung claimed that he was drunk at the National Day celebrations last year and therefore threw the flags of Hong Kong and China to the ground. He faces an additional count of insulting the Hong Kong flag.
Development 4: Security Bureau Condemns Newspaper
The Security Bureau has condemned Ming Pao for publishing a “misleading” opinion piece written by the chairperson of the Democratic Party, Lo Kin-hei.
Lo wrote an opinion piece criticising the officials’ attitudes towards mental health, which he argued exacerbates stereotypes, and claimed that this was a “reminder” for the kind government.
This is the latest in the government’s repression of freedom of expression, as they continually redefine what can and cannot be said, especially in the political sphere in Hong Kong.