NSL Trial of 47 Democrats: 5 Developments This Week (10 - 14 April 2023)

Week 10: 10 - 14 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 tenth week of the trial of the 47 democrats: 

Development 1: Dennis Kwok named a “co-conspirator”

This week, prosecutors named Dennis Kwok a “co-conspirator” in the trial of the 47 democrats. Kwok was a founder of the Civic Party, and the prosecution referred to one of their press conferences, even though Kwok is not known to have taken part in the primary elections in July 2020. 

Kwok is now based in the US, having left Hong Kong in 2021. In 2020, he was among four pro-democracy lawmakers expelled from the Legislative Council, after Beijing passed a resolution to oust legislators who promote or support Hong Kong independence, appeal to foreign governments to “interfere,” refuse to accept China’s rule over the city or endanger national security.

Development 2: “Say No to Primary Dodgers” would have violated election laws

In Andrew Chiu’s testimony, who agreed to testify for the prosecution, he explained that the online campaign which called on people not to vote for candidates who failed to join an unofficial legislative primary poll, known as “Say No to Primary Dodgers”, would have violated Hong Kong election laws. 

Chiu said that this would have amounted to contravention of the Elections (Corrupt and Illegal Conduct) Ordinance. 

Development 3: Chiu testifies against Gordon Ng, ‘Lee Bak Lou’

Gordon Ng, also known as Lee Bak Lou, is the former convenor of Power for Democracy, a defunct political group that helped execute the primaries. 

This week, Chiu testified that Ng asked voters not to cast their ballots for three types of candidates, including those who were opposed to the holding of the unofficial primaries, those who did not join the primaries, and those who refused to abide by the results of the primaries. Chiu added that these calls gave the impression that Ng was among the organisers of the primaries. He also claimed that Ng had collaborated with Benny Tai on past projects. 

Development 4: Cross-examination of Andrew Chiu begins 

On Wednesday, Chiu was cross-examined by the defense. He was questioned on WhatsApp exchanges with other democrats leading up to the primaries.

In one message, he told fellow organisers to keep an ear out for Benny Tai, also a defendant in this trial and an organiser of the primaries, and he expressed concern that Tai “makes a mess of things.” 

Other WhatsApp messages addressed concerned exchanges between Chiu and Ng, as well as Mike Lam, who is another defendant in this trial.  

Development 5: Hong Kong announces 100% conviction rate in national security cases

This week, the Hong Kong Secretary for Security Chris Tang announced that there has been a 100% conviction rate in cases concerning national security. Tang praised the arrest and prosecution work over the past three years, saying it was done “very seriously.” 

So far, 71 people who have gone through judicial proceedings have been convicted. There have been 250 people detained over national security offenses and 151 of them have been charged as of the end of March 2023.