Political prisoner trial developments in Hong Kong last week (31 July - 4 August)

Trial of the 47 democrats

Week 26: (31 July - 4 August)

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-sixth week of the trial of the 47 democrats:

Development 1: Raymond Chan testifies 

This week, former lawmaker Raymond Chan testified that he had “no intention” to veto the government budget. Chan was a lawmaker from 2012 to 2020 for the New Territories East geographical constituency. 

He stated that People Power, which he formerly chaired, had long been at odds with traditional democrats, although they did support the primary elections. Chan added that he had made his stance clear in March 2020 when he gave an interview stating that People Power supported the primaries as long as there was a common agenda.

He elaborated that the “common agenda” meant that lawmakers should actively participate and attend legal meetings if voted in, otherwise “35+”, the number of democrats needed to gain a majority in the Legislature, would be “just a number.” In March 2020, he also wrote a Facebook post stating that a unified coalition should come first, and that differences within the pro-democracy camp should be settled after. 

Development 2: Owen Chow testifies

Owen Chow, the localist activist, also testified this week. He said that his reason for running for the Legislative Council was to promote the concept of “Hong Kong nation”, strive for the “five major demands”, and perform the duties of a member of the Legislative Council. He argued that members of the Legislative Council should fight for and speak out for the people. 

He also said that establishing the status of “Hong Kong nation” was his greatest vision in politics, and the core of “Hong Kong nation” is “Hong Kong people governing Hong Kong”. 

Other Developments 

Development 1: Jimmy Lai ordered to pay costs of ‘unreasonable’ challenges

Jimmy Lai, the pro-democracy media tycoon and founder of Apple Daily, has been ordered to cover the costs of two legal challenges linked to his national security trial. The costs will cover the Secretary for Justice’s litigation costs.

This is because a local court ruled that his litigation conduct was “unreasonable” during his request to prevent Beijing’s interpretation of the national security law from affecting an earlier ruling that allowed him to be represented by UK lawyer Timothy Owen at his upcoming trial.

This case has shown the degradation of the rule of law and judicial independence in Hong Kong, and Lai has been detained since 2020 under related charges. 

Development 2: Hong Kong national security police question more family members

On 20 July, the Hong Kong national security police took away and questioned family members of trade unionist Christopher Mung Siu-tat and ex-lawmaker Dennis Kwok Wing-hang, and searched their homes. On 24 July, the Hong Kong national security police also detained the son and daughter of pro-democracy activist Elmer Yuen.

On 11 July, in a similar move, the family members of ex-lawmaker Nathan Law were also taken away and questioned. 

This week, on 3 August, the ex-wife, daughter and son of Elmer Yuen were taken away for questioning. The police had previously questioned Yuen’s children from another marriage, Mimi and Derek Yuen, and his pro-Beijing daughter-in-law, lawmaker Eunice Yung. 

Elmer Yuen has pledged to continue with his activism despite the threats to his family. 

Hong Kong Watch issued press releases condemning all developments.