Xinqi Su 蘇昕琪 Profile picture
Feb 13 18 tweets 6 min read
#NOW Au Nok-hin, first of the 4 accomplice witnesses in the #NSL trial charging 47 pro-dem activists of "conspiracy to commit subversion" over an unofficial primary of the camp, began to take the prosecution's witness stand this afternoon as judges decided to...
...have reading-out of the admitted facts to give way for the calling of witnesses.

Although the #NSL prosecutor Anthony Chau asked Au to tell how the 35+ project began from "early 2020", Au said "the story began from December 2019", when #BennyTai ...
...published an article outlining his vision for the pro-dem camp winning majority in LegCo on the now-shuttered #AppleDaily.

Au also revealed to court that he met Tai to discuss the idea for the first time at a meal gathering in "late January 2020"...
...with a number of other democracy camp leaders. Au named #LeeWingTat #LeeCheukYan and #RaphaelWongHoMing. Au said Tai raised 3 points at the gathering:

1) After the pro-dem camp's landslide victory in the District Council election in 2019, how can they win more seats in LegCo
2) The anti-extradition bill movement was then going on and the pro-dem camp needed to think about how to realise the #FiveDemands raised amid the movement

3) How to establish a mechanism for public participation including using the district council seats won by the pro-dem
Au told the court that, unlike the pro-establishment camp who had managed to develop a coordination system for their election candidates, the pro-democracy camp had not been able to do the same until 2020, and that led to the phenomenon that pro-dem camps had too many...
...teams running for the LegCo's geographical constituencies election - where proportional representation was followed - so even the camp in general won more votes than the pro-establishment camp, they could not secure an according number of seats in the legislature.
Au said the coordination system was meant to make members across the political spectrum "in the yellow camp", "be them traditional pro-democracy parties, radical pro-democracy parties or localists" "as long as they intended to run for the LegCo, they could coordinate...
...make good use of the votes and get elected proportionately."

As for the platform for "public participation", Au said the idea was to engage "media outlets of the yellow camp and civil society groups".
In the second part of evidence-in-chief given this afternoon, Au told the court that #BennyTai raised "a general framework" "direction" about who the pro-dem camp could win LegCo majority through coordination in geographical constituencies elections.
Au said Tai at the meal gathering did not set a goal of specific numbers of seats to be won by the pro-dem candidates in each geographical constituencies (GC), but "imagined" that the camp could win "6-6-4-4-3" seats in the 5 GCs.
Au said he promised Tai that he would take part in the pro-dem primary election as an orgnaiser because at the time he had a few months before he left for Japan for studying overseas, and he believed it was "a big step forward" for the camp if Tai's idea could come true.
As for the 2nd point about responding to the 2019 protests' #FiveDemands after the pro-dem won majority in the legislature, Au said Tai mentioned the Basic Law and the majority's power could be "a constitutional weapon of mass destruction".
Au said Tai suggested that the pro-dem camp, if they won LegCo majority, could use various powers vested in laws to pursue the #FiveDemands including vetoing government budget, setting up independent inquiry committee, and veto government bills.
During Au's evidence-in-chief, #NSL judge Alex Lee reminded Au to give his account "chronologically" , "please don't jump" as Au tried to tell more about when Tai announced his goal for the pro-dem camp to get "6-6-4-4-3" seats in the GC to the public.
Judge Lee also reminded Au said he should be telling what was exactly said at the meal gathering and by whom instead of his assumption of what was on the participants' mind. When Andrew Chan, another #NSL judge on the bench, asked Au...
...what Au said at the meal gathering, Au said he could not recall specifically what he said but in general he agreed with Tai.
Au will continue to take the stand as the trial is set to continue at 10am tmr.

9 PG defendants who could attend the trial in the main courtroom last week, were today separated and transferred to 2 extension courtrooms so they could only watch the trial via broadcast.

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More from @XinqiSu

Feb 9
#JUSTIN Two HK young men in their early 20 were just now sentenced to 5 years in jail for “conspiracy to incite subversion” as members of the now disbanded activist group “Returning Valiants”. 5 other minor defendants in the same case were sentenced to training center last year.
The two young men are Choi Wing-kit, 21, and Chris Chan Yau-tsun, 26. Choi was also sentenced to 6 months in jail for "possession of offensive weapon" in a separate burglary case, among which 3 months will be running concurrently with the 5-year sentence.
The police operation between May and Sep 2021 against #ReturningValiant was the second largest group arrest under #NSL by far, following the mass round-up of 55 pro-dem politicians on 6 Jan 2021 over the allegedly subversive pro-dem camp primary election (currently in trial).
Read 12 tweets
Feb 8
#Thread
Who are in the curious long queue outside the West Kowloon Court trying to take up public seats for the largest #NSL trial with 47 pro-dem politicians and activists charged of "conspiracy to commit subversion" ?

Pro-Beijing Ta Kung Pao had some serious thoughts.
In its signature column today, Ta Kung Pao ran a piece entitled "Resolutely stop the ill trend of 'court attending masters' troubling courts" accusing public members who attended trials in relation to the 2019 protests "fellows of the black-clad riots". But ... Image
...the opening example of this commentary is "As the Primary Election case opened trial in the West Kowloon Magistrates' Courts, there are large number of people queuing for a seats in the trial's public gallery every early morning - some even stood in line overnight". Image
Read 10 tweets
Feb 5
#NOW a curious long queue is extending outside the West Kowloon Court for the #NSL trial with 47 democrats charged of “conspiracy to commit subversion”. Many of them queued overnight and refused to talk to reporters. Some said they don’t know what the case is about.
A woman at the head of the queue said she wanted to see whether there would be a fair verdict and appeared to have no idea it’s the beginning of the trial. “They indeed committed a crime so I want to see whether the court would give them fair punishment.”
Three men down the line told me they had no idea what the case is about. One said he came as his wife ordered (at that moment a woman behind him asked him to stop talking to reporters), and another one said he came because he watched a movie about a trial recently.
Read 21 tweets
Feb 3
#thread
What's happening in HK on Monday? Border fully reopened, and the largest by-far #NSL trial kicking off after 2 yrs of pre-trial proceeding - when 34 / 47 defendants were kept behind bars, 31 / 47 chose to plead guilty, and at least 3 turned into prosecution witnesses.
In this advancer w/ @JeromeTaylor we reviewed what this case is about, who are among those being charged, what are the key legal disputes, and how analysts observe / understand the trial.

sg.news.yahoo.com/hong-kongs-lar…
HK's former legal sector lawmaker @denniswhkwok told @AFP the trial is "a complete farce" : "Subversion...doesn't include people who simply run for office and pledge to use their public office to force the government to respond to the demands of the people they represent."
Read 7 tweets
Jan 16
#NOW HK Chief Justice Andrew Cheung is delivering his speech for ceremonial opening of the legal year 2023. His speech will devote to “role of the judiciary” - “an inaccurate, incomplete or misconceived understanding of the role of the Judiciary is often the reason…
…an inaccurate, incomplete or misconceived understanding of the role of the Judiciary is often the reason for misplaced or inappropriate criticisms of court decisions, or even personal attacks against our judges,” Cheung said.
“It is …entirely proper for someone, if there are good grounds, to criticise the court or a judge for misapplying the law. It is, however, wrong to criticise a judge simply for applying laws which one does not like or agree with…laws are not enacted by judges”
Read 13 tweets
Jan 12
#CONTINUE Chung Pui-kuen is on the witness stand for the 3rd day. Today defense counsel Audrey Eu began to ask Chung questions about how the prosecution described what happened in Hong Kong in 2019 and after #NSL came in force and the 17 "seditious" articles.
For background this is an old thread about the prosecution's case against #StandNews and what "judicial notice" they wanted the court to take in order to determine the nature of the offence:
The prosecution cited the opening paragraph describing HK's situation since the protests in 2019 in a resolution by the NPCSC on May 28, 2020 to enact an #NSL for Hong Kong. The paragraph said since the #antiELAB protests in 2019, "anti-China destabilising forces in Hong Kong"...
Read 38 tweets

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