Hong Kong 47 Trial: Prosecution’s Opening Statements Riddled With Errors

Prosecutor Translates CCP Dictatorship to Directorship

West Kowloon Magistrates' Court, Hong Kong on Feb 8, 2023. Benson Lau/The Epoch Times

A group of 47 Hong Kong pro-democracy activists arrested in January 2021 and charged with“conspiracy to subvert state power” for their alleged involvement in organizing and participating in an unofficial primary election are on trial. The third day of the trial resumed for 16 defendants who pleaded not guilty at the West Kowloon Magistrates’ Court (acting ad interim for the High Court) on Feb. 8. The prosecution continued its opening statement with repeated errors, prompting the judge to ask for corrections.

The prosecution continued to read out the roles of each defendant in the primary election for the Legislative Council (LegCo) in court on Feb. 8.

Michael Pang Cheuk-kei

The prosecution mentioned Michael Pang Cheuk-kei, Southern District Councilor (DC), who took part in the primary election of Hong Kong Island pro-democratic DC.

In June 2020, at an election forum, Pang said that he would fight on the street, the LegCo, and the international fronts, and “we had the common enemy, the Chinese Communist Party (CCP), and we would join the LegCo to fight physically, paralyze the government, veto the budget, and support the street front with our positions as legislators.”

After Pang was arrested, the police found his promotional leaflet at his office, in which he admitted that he would execute his veto rights in the LegCo, veto all motions, and use his status as a DC to support the street front. Moreover, he denounced the police as “executioners of totalitarianism, urged to reform the police force, and reinstated the ultimate goal of the primary election to achieve “35+” (get over 35 seats in the LegCo election to gain full control of the LegCo) and mutual destruction, forcing the government to respond to the five demands (to withdraw the extradition bill; to stop labeling protesters as “rioters”; to drop charges against protesters; to conduct an independent inquiry into police behavior; to implement free elections for a chief executive.).”

The defense questioned the prosecution’s English translation of “Veto the Budget indiscriminately” as the sentence did not convey the meaning of “indiscriminately” in Chinese. The prosecution said it would be amended.

Helena Wong Pik-wan

In addition, the prosecution mentioned Helena Wong Pik-wan, a Kowloon West DC and Democratic Party member, who joined the primary election of Kowloon West DC.

The prosecution pointed out the slogan on her promotional leaflet, “Resist the Dictatorship, Embrace the Freedom,” and her promotion of implementing five demands, combating police brutality, reforming the police force, etc.

In the election forum in June 2020, Wong said, “we will use all our constitutional powers and means to fight for the five demands, and if vetoing the budget can make it happen, we will do it.”

After Wong’s arrest, police found primary election materials in her office. In an article written by Wong titled “a platform is necessary for a fight,” she emphasized the importance of “35+” and the LegCo front; “if we retreat from the LegCo front easily, all the three fronts will be lost. Therefore, a place to fight is necessary for fighting with the authoritarian government.”

The prosecution said that Wong had described the CCP as a “dictatorship” party at the meeting in Chinese. However, the prosecution translated it into “directorship” in English, which was immediately corrected by High Court Judge Andrew Chan Hing-wai, “it’s a dictatorship, not directorship.”

Clarisse Yeung Suet-ying

The prosecution also mentioned Clarisse Yeung Suet-ying, the chairman of Wan Chai DC and former Tai Hang DC member, who ran for Hong Kong Island District in the primary election.

Her campaign leaflet clearly stated: “Five demands, (occupy) half of the (Legislative) Council is our common aspiration in future.”

In June 2020, Yeung said at the primary election forum of Hong Kong Island that even though the National Security Law (NSL) would be implemented, she still called the public to vote; in July of the same year, she said at a press conference, “I think everyone who is running in this election is carrying a very big responsibility, and they are all paying a higher price than before to make this decision to participate in the run.”

The NSL is a piece of national security legislation concerning Hong Kong, enacted under the CCP’s decision on Hong Kong’s national security legislation. As described by the Center For Asian Law, the NSL constitutes one of the greatest threats to human rights and the rule of law in Hong Kong since the 1997 handover.

Cheng Tat-hung

The prosecution read out the charges against Cheng Tat-hung, a member of Eastern DC and the Civic Party, who ran in the primary election for Hong Kong Island.

He said in March 2020 that he would support the primary election and pledge to veto all of the government’s budget. He believed it was important to fight for majority control of the LegCo. In June of the same year, he attended a primary election forum on Hong Kong Island and said he would fight on the LegCo front, “If we get 35+, we will be able to reform the system fundamentally, and this is the best way to restore the rule of law.” Cheng also said that even though he was living in the shadow of the NSL, he had been lobbying for a ”lifeboat plan” in the European Parliament on behalf of the Civic Party.

The court showed a clip of the Civic Party promoting the primary election in July, in which Cheng said, “the upcoming primary election is very important, we need different fronts to fight against totalitarianism, and we can’t give up this front in the LegCo.” He urged the voters to vote, and he finally won the primary election and applied for the LegCo election but was then disqualified.

Ho Kai-ming

Like Cheng, the prosecution mentioned Ho Kai-ming, Sham Shui Po DC member and Vice Chairman of ADPL, who ran in the primary election for Kowloon West.

The prosecution read out Ho’s statement that he claimed the common goal of the primary election was to unite the democratic camp and the generations to fight against tyranny, and the Hong Kongers wanted to see the democratic camp united to enter the LegCo to achieve the goal of the “35+” project.

After winning the primary election, Ho announced his candidacy for the LegCo in a Facebook post, promising to defy the LegCo and the government. He described the police force as a “criminal gang” and said he would not allow the police force to receive any public funding.

Sze Tak-loyi

Sze Tak-loyi, a Wong Tai Sin DC member and the chairman of ADPL, ran for the Kowloon East District in the primary election.

The prosecution quoted Sze as saying in the June primary election forum, “when we enter the LegCo, we all want to veto the budget, we all want to veto all the government’s motions and fight with agonist this government til the end because the one who truly wanted to burn with Hong Kong is Carrie Lam (the Chief Executive of Hong Kong) and the CCP. Therefore, we, the Hongkongers, must fight til the end.”

After Sze’s arrest, the police found her promotional leaflet while searching her house. In the leaflet, she claimed she would actively promote the primary election and veto the budget indiscriminately. The prosecution read out the contents and pointed out that the word “indiscriminate” was also misplaced here.