[47 in primary election case] After running for 12 hours, hearing adjourned to next month; defendants only given three packs of crackers for dinner
Translated by BeWater HK on Feb 5, 2022
[Independent media report] 47 persons involved in organizing and participating in a pan-democrats primary election last year were charged with "conspiracy to subvert state power". Only 14 of them were granted bail (Owen CHOW’s bail was revoked recently). The other 33 have been detained for nearly eleven month since their arrests. The hearing at West Kowloon Magistracy today deals with some of the defendants, including LAM Cheuk-Ting and Gwyneth HO’s requests. 23 defendants attended the hearing. Similar to the “marathon hearing” on the same case (in March) last year, it ran for more than twelve hours but still cannot conclude by 10:00pm. It was adjourned till 4th Feb. Earlier at around 8pm, Acting Chief Magistrate Peter LAW Tak-Chuen, designated judge under the National Security Law (NSL), granted a one-hour recess for dinner. However some of the defendants revealed that they only received three packs of crackers. The case will also be put to mention (for the fourth time) on 8th Feb and 4th March. By then 33 of the defendants will be detained before trial for over a year.
Before 9:30am, the hearing’s scheduled commencement time, the secretary of the magistracy announces that they have only received the necessary documents this morning. As the judge needs time to review the documents, the hearing will only commence by 10:30am. By then, the defendants walk into the court while Gwyneth HO, Tiffany YUEN, LAM Cheuk-Ting and WU Chi-Wai wave to the bystanding crowd. Carol NG pulls down her face-mask and gives a thumbs-up gesture. Jimmy SHAM forms a heart gesture with his fingers. LAM Cheuk-Ting (sentenced to four months imprisonment in another court case yesterday), pays a hand gesture of salute. Some of the by-standing crowd says “add oil”.
17 defendants attend this hearing: Gordon NG, Tiffany YUEN, Fergus LEUNG, Clarisse YEUNG, Jimmy SHAM, Frankie FUNG, Helena WONG, Carol NG, Roy TAM, Gwyneth HO, Ventus LAU, Raymond CHAN, LAM Cheuk-Ting, Gary FAN, Hendrick LUI, LEUNG Kwok-Hung and LEE Yue-Shun. Another 6 defendants not involved this hearing – Andy CHUI, Nathan LAU, Owen CHOW, Henry WONG, WU Chi-Wai and Joshua WONG - also attend. Prince WONG who was granted bail, also attends as a by-stander.
The prosecution is represented by: Anthony CHAU Tin-Hang, Acting Deputy Director of Public Prosecutions; LAW Tin-Wai, Acting Assistant Director of Public Prosecutions and NG Ka-Yuet, Prosecutor. The defense include Paul HARRIS, KAT Nigel and Gladys Veronica LI, Senior Counsels; Margaret NG Oi-Yee, CHEUNG Yiu-Leung, KWAN Man-Wei, barristers. Whereas LAU Wing-Hong and Fung Tai-Chun do not have legal representative, they defend in person.
The hearing today lasts for over twelve hours. From time to time the defendants talk with each other. Some also laugh and communicate remotely with the bystanders. Some choose to read or simply rest with their eyes closed. Owen CHOW raises a “V” or a firm fist gesture to the bystanders.
There are a few recess sessions throughout the hearing. While entering or leaving the courtroom, the defendants wave to the bystanders. Joshua WONG says “Thank you for taking the burden (to come).” Some bystanders respond with “Hold on Ah Ting (LAM Cheuk-Ting)” and “Happy New Year”. A little girl shouts “Uncle Hairy (Long Hair, nickname of LEUNG Kwok-Hung)” and “Brother Jimmy (SHAM)”. She also tells Sham to “Lose some weight! You look like a balloon”. This causes a laughter filling up the whole court room. As for Raymond CHAN, recently he had to stay in Chok Ko Wan Quarantine Centre after he dined in the same venue as WONG Ngar-Sze (main character of a Covid scandal involving high rank officials). A defendant tells him “Don’t dine out all the time.” LAM Cheuk-Ting also joke at Raymond, “Have you met any high rank officials? Say hello to them!” Raymond replied, “(I’ll do so) next time, next time.”
In the evening, a few defendants and bystanders boo when Anthony CHAU and Judge Peter LAW are speaking. They also clap after Margaret NG finishes her statement. Towards eight p.m. when the hearing is yet to finish, the prosecution and the judge want to adjourn. Many defendants and their lawyers object. So the judge grants a one-hour dinner break. A defendant asks “Is there anyone feeling okay? Dizzy?” A female voice responses “(I’m) in a high spirit.”
All defendants return to the court at 9:15pm. Raymond CHAN, on bail, asks the detained defendants, “Did you have any dinner?” LAM Cheuk-Ting says “I want to complain,” raising a pack of biscuits in his hand. “This is my dinner - three packs of biscuits.” Joshua WONG added, “Only one pack originally!” Helena WONG shakes her head, “how sad.” A defendant comments, “They should have let us dine-out in small groups. They simply don’t care about us…”
At about 9:30pm, Judge Peter LAW announces to adjourn this hearing to the morning of 4th February, for the sake of well-being of the defendants. They respond with boos as someone says “What’s the point of a dinner break?” When the detained defendants head for the detention room, they all wave to the bystanders. After that a network news reporter faints and falls to the ground, possibly due to asthma. A first aider comes to assist.
Another 8 defendants including Benny Tai, AU Nok-Hin, Andrew CHIU, Ben CHUNG, Jeremy Jansen TAM, Andrew WAN, KWOK Ka-Ki and Alvin YEUNG will return to court (for the fourth time) on 8th February. The 18 defendants of today’s hearing will also sit in. The other 39 (rest of the total 47) defendants will return to court on 4th March.
The five defendants on bail, Clarisse YEUNG, Hendrick LUI, Helena WONG, LEE Yue-Shun and Raymond CHAN have their curfew order lifted for tonight.
This case was mentioned in court for the first time on 1st March last year. The original schedule to complete committal proceedings on 8th July was deferred twice to 23th September and then 29th November. In the meantime the defendants on bail were twice asked to go to Wanchai Police Headquarters to obtain over 10,000 pages of documents. In November last year, Independent Media was informed that Department of Justice (DoJ) was applying for further postponement, reasons were they need more time to prepare and translate documents. This was rejected in writing by Judge Peter LAW, demanding the prosecution to attend the mention as scheduled on 29th November. However the mention was still rescheduled to 8th February and 4th March this year.
The 47 defendants are respectively: Benny TAI Yiu-Ting (age 56), former Associate Professor, Faculty of Law, University of Hong Kong; AU Nok-Hin (33), former Legislative Council (LegCo) member; Andrew CHIU Ka-Yin (35), former Eastern District Councillor (DC); Ben CHUNG Kam-Lun (32) and Gordon NG Ching-Hang (42), former Sai Kung DCs; Tiffany YUEN Ka-Wai (27), former Southern DC; Fergus LEUNG Fong-Wai (23), former Central and Western DC; Tat CHENG Tat-Hung (32) and Andy CHUI Chi-Kin (53), former Eastern DC; Clarisse YEUNG Suet-Ying (34), former Chairwoman of Wan Chai District Council; Michael PANG Cheuk-Kei (26), former Southern DC; Jimmy SHAM Tsz-Kit (33), former Shatin DC; Claudia MO Mang-ching (64), former LegCo Member; Ho Kai-Ming (32), Sham Shui Po DC; Frankie FUNG Tat-Chun (25); Lawrence LAU Wai-Chung (53), barrister; Helena Wong Pik-Wan (61), former LegCo member; Nathan LAU Chak-Fung (24); Joshua WONG Chi-Fung (24), former Secretaries General of Demosisto; Jeremy Jansen TAM Man-Ho (45), former LegCo member; Kinda LI Ka-Tat (29), Kwun Tong DC; Tam Tak-Chi (49), former Vice Chairman of People Power; Wu Chi-Wai (58), former LegCo member; SZE Tak-Loy (38), former Wong Tai Sin DC; Eddie CHU Hoi-Dick (43), former LegCo Member; Sam CHEUNG Ho-Sum (27), former Tuen Mun DC; Prince WONG Ji-Yuet (23), Lingnan University student; NG Kin-Wai (25), former Yuen Long DC; Andrew WAN Siu-Kin (51), former Kwai Tsing DC; KWOK Ka-Ki (59), former LegCo member; Carol NG Man-Yee (50), Chairwoman of Hong Kong Confederation of Trade Union; Roy TAM Hoi-Pong (40), Tsuen Wan DC; Gwyneth HO Kwai-Lam (30), former reporter of The Stand News; Ventus LAU Wing-Hong (27); Alvin Yeung Ngok-Kiu (39) and Raymond CHAN Chi-Chuen (48), former LegCo members; Owen CHOW Ka-Shing (24); LAM Cheuk-Ting (43) and Gary FAN Kwok-Wai (54), former LegCo members; Hendrick LUI Chi-Hang (38), social worker; LEUNG Kwok-Hung (64), former LegCo member; Mike LAM King-Nam (32), founder of Abu Thai Life Department Store; Ricky OR Yiu-Lam (49), former Sai Kung DC; Lester SHUM Ngo-Fai (27), former Tsuen Wan DC; Henry WONG Pak-Yu (30), former Yuen Long DC; LEE Yue-Shun (27), former Eastern DC; and Winnie YU Wai-Ming (33), former Chairwoman of Hospital Authority Employees Alliance (HAEA).
All charged with one count of "conspiracy to subvert state power".
The charges alleged that from 1 July 2020 to 7 January 2021, 47 of them, together with others in Hong Kong, conspired to organize, plan, carry out or participate, with the use of force or other illegal means, in order to subvert state power, i.e.:
1. For the following purposes promote, carry out or participate in a scheme to abuse the powers entrusted to them under Article 73 of the Basic Law after being elected to the Legislative Council;
(A) obtain majority control in LegCo, thereafter refuse to pass any budget or public expenditure proposed by the Government of the Hong Kong Special Administrative Region (HKSAR), regardless of the content or the pros and cons of the content;
(B) force the HKSAR Government to dissolve the LegCo in accordance with Article 50 of the Basic Law, thereby paralyzing government operations;
(C) ultimately lead to the resignation of the Chief Executive under Article 52 of the Basic Law due to the dissolution of the LegCo plus the re-elected LegCo refuses to pass the original Budget;
2. In order to achieve the scheme: stand or do not stand for LegCo election; and/or procure, incite, cause or induce others to stand or not to stand for the election;
3. Undertake or agree that after being elected to LegCo, and/or thereafter incite, procure, cause or induce others, that after being elected to LegCo, when examining or approving the budget or public expenditure proposed by the government, according to their scheme, exercise or do not exercise their power under Article 73 of the Basic Law;
4. Undertake or agree that after being elected, and/or incite, procure, cause, induce others elected, to willfully/unwillfully fail to perform, or willfully/unwillfully neglect to perform their duties as members of the LegCo, namely: uphold the Basic Law; be loyal to HKSAR of the People's Republic of China; perform duties faithfully; abide by the law; act with integrity, and serve HKSAR;
Acts that seriously interfere, obstruct or undermine the lawful execution of the functions of HKSAR government’s organizations.
Court case number: WKCC813/2021
Source: Independent Media Hong Kong 2022-1-27
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