NSL Trial of 47 Democrats: 5 Developments This Week (20 - 24 March 2023)

Week 7: 20 - 24 March 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 seventh week of the trial of the 47 democrats: 

Development 1: Gwyneth Ho’s representative, Trevol Beel, examines Au Nok-hin 

Under cross-examination, Beel asked about the origin of the idea of primary election, and the goal related to the number of seats, including Benny Tai’s article "Seize Half of the Legislative Council."

In response, Au stated that Tai believed that after half of the legislative council seats were won, the democrats would become a majority and be able to use different powers. Au added that Tai wrote articles in her personal capacity, as well as the organiser of the election and “35+” strategy. 

Development 2: No mention of government shutdown

In Beel’s cross-examination of Au, he asked whether there is any mention of the government shutdown in the documents or oral statements of the organisers? Au answered that “there was no clear mention of a government shutdown."

He further asked Au whether there was any mention of asking the then-Chief Executive Carrie Lam to resign. Au answered that there was no mention of this demand in any of the election documents or in the campaign’s press releases. Au confirmed that the “five demands” changed over time, given the changing circumstances in Hong Kong. 

Beel added that although one of the demands was that "the chief executive should step down", later it was changed that the government should implement dual universal suffrage in accordance with the Basic Law. Au confirmed this change and added that each candidate’s individual demands may have been different too.

Development 3: Examination of the 35+ Plan

In Beel’s cross-examination of Au, he asked more detailed questions regarding the “35+” strategy, which is to resist the government by winning a majority of the seats in the Legislative Council, a definition which Benny Tai wrote in an article. 

Au agreed that the article mentioned negotiations, and pointed out that the basis is to gain political bargaining chips by winning half. Au also pointed out that if the majority of the seats cannot be reached, the democrats will not have "so much power to negotiate", because they will lose the bargaining chip to veto the budget, and they will not be able to negotiate on conditions.

Development 4: Budget strategy questioned

In the cross-examination, Beel further questioned Au on the budget plan and related strategy. Beel pointed out that the budget is usually read in February or March, so there would be five months between the election of the new legislators in September and the first reading of the new budget. Au said what to do during this time was not discussed in detail. Au added that after the budget is rejected, it is up to the Chief Executive to decide whether to dissolve the Legislative Council. 

The Judges and Beel asked further questions on this, and Au continued that if the Chief Executive dissolved the Legislative Council, they would need to be re-elected. In this time, if the new budget is rejected again, the Chief Executive would have no choice but to step down. Au added that if the budget were vetoed, the government’s finances would be affected, but the government would still be able to operate to an extent.

Beel pointed out that if this were to happen, it would still be authorised by the people of Hong Kong, because the democrats would be re-elected into the Legislative Council. Au agreed that the public can vote for the candidates again, it is their will as citizens. 

Development 5: AbouThai cuts ties with ‘Yellow Economic Circle’

Mike Lam, founder of the Thai supermarket chain AbouThai, is one of the 47 democrats who has pleaded guilty and become a witness for the prosecution.
This week, he stated that AbouThai will cut all ties with the “yellow economic circle,” an economy involving shops and businesses in support of the 2019 protests. On Facebook, he stated that “Hong Kong cannot return to chaos, and Hong Kong cannot afford chaos as well,” and that “The yellow economic circle is a wrong demonstration, and AbouThai officially announces to cut all ties with it.”