Ten-day closing hearing awaits 47 democrats as national security trial enters final stage

The national security trial of the 47 pro-democracy camp politicians and activists has entered the final stage as the court is hearing closing submissions from both sides, which is expected to last for 10 days, and the judge will then hand down the verdict three to four months later.

Among the 47, 16 of them pleaded not guilty for subversion under the national security law over their participation in the 2020 unofficial primary elections for the subsequently postponed Legislative Council elections.

Before Court of First Instance judges Andrew Chan Hing-wai, Alex Lee Wan-tang and Johnny Chan Jong-herng, both sides continued their argument on whether the wording “other unlawful means to subvert state power” in article 22 of the national security law must involve violence.

Deputy director of public prosecutions Jonathan Man Tak-ho said the court should “loosely interpret” the meaning of “other unlawful means”, which does not necessarily involve violence, nor criminal behaviors.

“Their unlawful means were to make a false oath as a Legislative Councilor, and an abuse of power after failing to pledge allegiance to the Basic Law and the SAR,” Man said in his submission.

Judge Lee also said article 22 is focused on the government’s structure and political system, therefore he also questions whether the “unlawful means” must involve violence.

Man added that spreading rumors on the internet can already hamper national security nowadays, therefore violence should not be one of the essential factors.

Defense barrister Randy Shek Shu-ming, representing Gordon Ng Ching-hang and Winnie Yu Wai-ming, said both of his clients were in an “unique” situation.

According to the Whatsapp conversations, organizer Benny Tai Yiu-ting does not quite care about Ng.

“But Ng was like a fan and passionately provided assistance to Tai. Ng is more like a volunteer, which is miles away from being one of the conspirators,” Shek said.

Shek also said Yu never took part in the coordination meetings, and although she said she will veto the Budget after being elected, she did not say she will indiscriminately veto it, therefore she should not be guilty.

The closing submissions will continue today, and are expected to go on for 10 days. The three judges said they will hand down the verdict three to four months after that as two of the judges have trials scheduled in 2024.