The trial of the pro-democracy primary election case resumed at the West Kowloon Court (Provisional High Court) today (4 December), and Lau Wai-chung, who ran as an independent, appeared in court to defend himself. He said that although he intends to run for the Legislative Council election, he believes that the primary election is not democratic and does not intend to participate. However, he weighed the importance and believed that not participating in the primary election might be regarded as a "ghost", and finally decided to participate. He also claimed that he had never signed the Declaration of No Regrets, nor authorized others to sign it, and that his name appeared on the Declaration for some reason. But he did not clarify, because he did not want others to know that he did not support the five demands, and if he did so, it would be election suicide.


He was sympathetic to the anti-extradition bill movement but did not often participate in demonstrations

Lau Wai Chung, himself a barrister, defended himself about why he ran for the primary. He called the 2019 anti-extradition bill movement, arguing that the amendment would give the chief executive more power and would involve the court in a political struggle. He sympathized with the movement but did not often participate in demonstrations, believing that it would be more effective to represent arrested persons in litigation. He later ran in the district council election at the suggestion of a friend and won.

The defendant, Lau Wai-cong, claimed that he participated in the primary election only because he was afraid of being regarded as a "ghost", and stressed that he had not signed the statement "No Regrets". (Photo by Zhu Dixin)

Attending the Coordination Meeting only wanted to understand the democrats' ideas

Lau said he had no intention of running for the Legislative Council election, but around the Lunar New Year 2020, when asked by friends and journalists whether he would stand for election, he reflected on what he could do if he became a member of the Legislative Council and whether it would affect his work as a barrister. He later learned from the assistant to the district councillor that a coordination meeting for the primary election in Jiuxi would be held in March of the same year, and he and his assistant attended to find out what other democrats thought.

There was no agreement or consensus at the meeting

Lau said that during the meeting, Benny Tai said that the pro-democracy faction performed well in the district elections, but in subsequent elections, voters need to vote strategically, and there is also a need for coordination among the candidates to increase the odds of victory. Tai pointed out that if the democrats won a majority of the seats in the Legislative Council, they would have a number of powers, including vetoing the budget, but Lau can not recall whether Tai said the words "actively use" the veto, or "can be used, can not be used". No agreement or consensus was reached at the meeting. Liu also said that he did not know that there was a second Jiuxi Coordination Conference.

Lu Jianmin was charged with one count of motion crime for his involvement in the 2016 Erwangkok riot and was sentenced to seven years in prison in 2018. When Lo appealed, Lau represented him. (Profile picture)

Lo's appeal was rejected before deciding to run

Lau also claimed that because he had represented Lo Kin-man, the defendant in the Mong Kok riot case in 2016, the Court of Appeal issued a judgment in April 2020 on Lo's riot case and dismissed his appeal. He began to question whether the laws originated in the colonial period and should be kept up with the times, which eventually led him to decide to run in the Legislative Council elections, hoping to enter Parliament and amend the relevant laws.

Benny Tai is a teacher at the University of Hong Kong, but the two have a selfless relationship

Asked if he had read Dai's article "Ten Steps to True Speculation" published at the time, Liu said no. He later learned of the article when he obtained the relevant documents from the prosecution. He said that Dai was his teacher when he studied law at the University of Hong Kong, but he had no personal relationship with Dai after graduation.

Mr Lau claimed that Benny Tai was his teacher when he studied law at HKU, but the two had no personal relationship. (Profile picture)

Not participating in the primary election may be regarded as a ghost

He added that he had decided to run in the Legislative Council election in May 2020 and did not intend to participate in the primary election because he believed that it was undemocratic. At that time, two district councillors in the same district suggested that Lau participate in the primary election, otherwise he would be regarded as a "ghost", and Liu and the other party disagreed on this. The two later said they could no longer work with him and instead supported other potential candidates. He weighed the weight, believing that if he did not participate in the primary election, he might be regarded as a "ghost", and finally decided to participate in the election.

For some reason, the name appears in the statement

Liu also claimed that his name appeared on the "No Regrets" statement, but he said he was not aware of the statement until his assistant informed him of the incident. Liu stressed that he did not sign and did not authorize others to sign it. He did not actually support the five demands, explaining that if all protesters were to drop their charges, he did not agree that the chief executive should intervene in the legal process. As for holding relevant people accountable for police violence, he believes that demonstrators should not be amnestied, but police violence should be pursued at the same time.

No clarification was given because he did not want to be known, and he did not support the five major demands

Judge Li Yunteng asked if he had told others that he had not signed or tried to remove his name from the declaration, and Liu replied that he did not, explaining that because he did not want others to know that he did not support the five major demands, because this was election suicide, he as a candidate needed to consider whether he could be elected.

16 accused on trial. (See the figure below)

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The 16 defendants were Ng Cheng Hang (44), Cheng Tat Hung (34), Yang Xueying (36), Peng Zhuoqi (28), Ho Qiming (34), Lau Wai Chung (55), Wong Bi Wan (63), Sze Tak Lai (40), Ho Kwai Lan (32), Chan Chi Chuan (50), Chow Ka Shing (25), Lam Cheuk-ting (45), Leung Kwok-hung (66), Ko Yiu-lin (51), Lee Yuk Xin (29) and Yu Wai Ming (35). The charges allege that between 2020 July 7 and 1 January 2021, the defendants conspired with others to subvert state power.

31 accused who have pleaded guilty. (See the figure below)

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The 31 guilty defendants: Tai Yiu-ting, Au Nuo Xuan, Chiu Ka-yin, Chung Kam-lin, Yuen Ka-wai, Leung Hoang Wai, Tsui Zijian, Shum Zijie, Mao Mengjing, Fung Tat Chun, Liu Zefeng, Joshua Wong, Tam Man Ho, Li Ka Tat, Tam Teck Chi, Wu Zhiwei, Chu Kai-di, Zhang Kesen, Wong Ziyue, Yin Siu-kin, Kwok Ka-ki, Wu Min'er, Tam Kaibang, Liu Chin-kuang, Yang Yueqiao, Fan Guowei, Lui Chi-hang, Shum Aohui, Wang Baiyu, Lin Jingnan and Wu Jianwei.

Of the 13 defendants on quasi-bail, 10 pleaded not guilty. (See the figure below)

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Case number: HCCC 69/2022

Primary election case (16)|He Qiming said he was afraid of being questioned and accused Signed "Mo Luo No Regrets" Statement Primary Election Case (3)|Peng Zhuoqi said that he used radical words such as speculation Only to fight for the yellowest vote in the primary election case (16)|The defendant began to defend himself Zheng Dahong said that he no longer agreed with the position of the Civic Party at that time, the primary election case (<>)|The prosecution and defense argued on legal principles The judge ruled that <> defendants testified to the establishment of the primary election case (<>)|Pre-establishment Proposal Recognition Recording New West Coordination Conference Lin Jingnan was summoned for the primary election case (<>)|Zhao Jiaxian was questioned by the defense Prosecution Lie, Guo Rongkeng and <> others as co-conspirators in the primary election case (<>)|Zhao Jiaxian testified Referring to the local protest faction's stepping on the boundary to make the incident out of control in the primary election case (<>)|See a number of candidates making political statements one after another Au Nuoxuan said that he felt helpless in the primary election case (<>)|Defense reveals Ou Nuoxuan's private message Zheng Dahong before the trial Summary: Study the Advance and Retreat Primary Election Case (<>)|After the Coordination Meeting, the districts are now divided Zhang Kesen et al. Timo Luo Statement of No Remorse Primary Election Case (<>)|Au Nuoxuan Testifies for the Prosecution From the Pan-democratic Dinner to the Primary Election Forum Preliminary Election Case (<>) |The prosecution's opening statement talks about the role of the <> defendants Mentioning the primary election and speculation