NSL Trial of 47 Democrats: 5 Developments This Week (1 - 7 April 2023)

Week 9: 1 - 7 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 ninth week of the trial of the 47 democrats: 

Development 1: Andrew Chiu “infuriated” by news article

Andrew Chiu, the former district councillor who earlier pleaded guilty to conspiring to commit subversion and is the second state witness, testified that he was “infuriated” by an article written by co-defendant Benny Tai.

Benny Tai, who was then an associate law professor at the University of Hong Kong, wrote that if the pro-democracy camp could win over half of the Legislative Council seats, they would be able to veto the financial budget, then could trigger a series of events, including the dissolution of the legislature and a government shutdown. He argued that this tactic could force Hong Kong and central authorities to concede to the five demands put forward by protesters in 2019. 

The five demands were: (1) for the government to withdraw the Extradition bill, (2) set up an independent inquiry into accusations of excessive use of police force, (3) scrap its designation of the protests as riots, (4) release all those arrested, and (5) implement “double universal suffrage” for the Legislative Council and chief executive elections.

Andrew Chiu accused Tai of publishing the article before a consensus was reached within the camp and said the piece was “seditious.”

Development 2: Benny Tai “mutual destruction” plan could have led to a catastrophe on the level of “worldwide nuclear explosion”

Following Andrew Chiu’s comments on Benny Tai’s article, he testified on Thursday that Tai’s plan, which was published in the now-defund Apple Daily, “sent a chill up [his] spine.” 

In a piece that has been repeatedly cited by the prosecutors as proof of the alleged conspiracy,  Tai had set out a 10-step timetable and roadmap that would “steer the city towards mutual destruction,” starting with the government’s disqualification of pro-democracy candidates in the Legislative Council election.

Development 3: Andrew Chiu “admits mistake” in Facebook post

On Thursday, Andrew Chiu also testified that he had to “admit [his] mistake” and that he “did not do [his] due diligence” after being questioned about a Facebook post that mentioned the phrases “liberate the legislature” and “fight against tyranny.”

The post was on the Facebook page of Power for Democracy, a now-defunct group of which Andrew Chiu was the convener , and made in the lead-up to the unofficial primary election. It called for supporters to donate and volunteer.

Development 4: Press conference footage played

The footage of the press conference held on July 15, 2020, three days after the primary election, was played in the court. At this point, the Hong Kong government had already warned that the polls may violate the new National Security Law. 

Andrew Chiu testified that he would withdraw from the election, after Au Nok-hin already did, and that he would “keep an eye on the situation” for the right timing to do so. However, the press conference on this day made him realise that he needed to quit immediately, because the speakers would bring their spirit of resistance into the legislative chambers and begin discussing “mutual destruction.”

Development 5: New NSL figures released

The Hong Kong Security Bureau has released its latest statistics on the National Security Law, as of 17 March 2023:

• 249 people had been arrested over suspected acts and activities that endangered national security.

• Among those, 149 people and five companies have been charged.

• 67 people have been convicted or are awaiting sentencing. 

• Among those, 29 have been convicted or awaiting sentencing under the NSL.