2024.10.24

In the case of 47 pro-democracy individuals charged with “conspiracy to commit subversion,” 14 were found guilty after trial and 31 pleaded guilty, with the plea hearings concluded in six sessions from June to September this year, totaling 12 days.

According to “The Witness,” the court sent a letter on Thursday (24th) notifying the parties involved that Judge Andrew Chan Hing-wai has tentatively scheduled sentencing for November 19th. The parties have until 4 PM on Friday to respond, and the letter did not specify the time of the court session. The judiciary’s website has not yet displayed the exact date and time of the sentencing.

31 Pleaded Guilty, 14 Found Guilty After Trial

This case revolves around a primary election organized by the pro-democracy camp in July 2020 in preparation for the Legislative Council elections. In early January 2021, the police’s National Security Department conducted a large-scale arrest operation, detaining a total of 55 people related to the primary election. At the end of February the same year, the police notified them to report to the police station earlier than scheduled and formally charged 47 of them with “conspiracy to commit subversion.”

Among the 47 individuals, five were alleged to be organizers: Benny Tai Yiu-ting, Au Nok-hin, Andrew Chiu Ka-yin, Ben Chung Kam-lun, and Gordon Ng Ching-hang. Among them, only Ng Ching-hang pleaded not guilty and was found guilty after trial; the other four pleaded guilty, with Au, Chiu, and Chung turning into prosecution witnesses.

The remaining 42 were accused of being candidates. Among them, 27 pleaded guilty, including Alvin Yeung Ngok-kiu, Claudia Mo Man-ching, Eddie Chu Hoi-dick, and Joshua Wong Chi-fung; another, Mike Lam King-nam, became a prosecution witness. Of the 15 who pleaded not guilty, except for Lawrence Lau Wai-chung Liu and Lee Yue-shun who were acquitted, all others were found guilty after trial, including Helena Wong Pik-wan, Leung Kwok-hung, Lam Cheuk-ting, Raymond Chan Chi-chuen, Gwyneth Ho Kwai-lam, and Owen Chow Ka-shing.

The trial for those who pleaded not guilty began in February 2023, originally scheduled for 90 days. By December of the same year, the prosecution and defense had just completed their closing arguments, and the trial lasted a total of 118 days.

12 Days of Mitigation, Controversy Over Application of Tiered Sentencing Under National Security Law

The 45 convicted individuals were processed in six groups from June to September 2024, based on the organizers and electoral districts, over a total of 12 days. The defense disputed the application of tiered sentencing under the National Security Law to this case, with some also proposing starting points for sentencing.

32 Individuals Detained Over 1,000 Days

Currently, 44 defendants in this case are detained, with 32 of them having been in custody for over 1,300 days from the first day bail was denied in court. Among these, 6 have pleaded not guilty. Additionally, two individuals, Winnie Yu Wai-ming and Owen Chow Ka-shing, had their bail initially granted but later revoked due to alleged violations of conditions, resulting in over 1,100 days of detention.