Jimmy Lai had mentioned in late November 2019 the idea of conducting a primary poll to “continue the momentum” of the pro-democracy camp in a legislative race originally scheduled for 2020, an activist has told the media tycoon’s landmark national security trial.
The Apple Daily founder said organising a primary election could unite the votes of pro-democracy electors and secure the legislative seats of the democrats, paralegal Chan Tsz-wah testified in court on Wednesday. Chan has pleaded guilty to with conspiring with Lai and others to collude with foreign forces.
According to Chan, Lai made such remarks on December 31, 2019, when he met the media mogul in his car in Admiralty. Lai first mentioned to him the idea of having a primary poll for the pro-democracy camp in late November, 2019, after democrats achieved a landslide victory in the District Council Election amid the anti-extradition bill unrest, Chan said. Authorities later deemed the unofficial poll illegal.
“[Lai] said he would be supportive of the localist camp. He wanted the political neophytes to run in the primary election. Only then would the primaries receive recognition,” Chan told three handpicked national security judges in Cantonese.
The media mogul thought the pro-democracy camp’s win in the district council race was a “general trend” and it was hoped that such momentum could be continued, Chan said citing the remarks by Lai’s aide Mark Simon during a meeting he said they had between the end of November and early December 2019.
Lai also told Chan in January 2020 that he had obtained a quotation from a\ European company for the production of a programme for civil referendums, the paralegal told the court.
The pro-democracy camp’s primary election is at the centre of a separate national security trial relating to 47 democrats. They stand accused of organising and participating in the unofficial primary poll held in July 2020, which aimed to help the opposition camp win majority control of the then-70-seat legislature.
They were accused of intending to abuse their legislative powers to indiscriminately veto bills, forcing the chief executive’s resignation and a government shutdown.
The Apple Daily founder was not arrested or charged in connection with the primary election case. But during the closely-watched trial that began in February last year, it was revealed that then-law professor Benny Tai initiated the scheme around December 2019 and had published multiple articles in Apple Daily about the primaries and a “mutual destruction” timeline for the city.
During the current trial – set to last 80 days – the 76-year-old British tycoon faces two counts of conspiring to collude with foreign forces and one count of conspiring to publish “seditious” materials. He has pleaded not guilty to all three charges and could spend the rest of his life in prison if convicted.
Election observation
It was revealed in court on Wednesday that Simon paid HK$500,000 to activist Andy Li, another defendant in the case, for expenses relating to the Election Observation Mission. The mission involved inviting overseas parliamentarians, including those from the UK, Australia and Japan, to visit Hong Kong and observe the 2019 District Council race.
Simon told Chan that both he and Lai thought the mission was done well, and it was what Lai had wanted, the court heard. The media tycoon’s aide also advised Chan and Li to turn to international lobbying work to ensure foreign governments and officials understood the situation in Hong Kong.
“It was hoped that international governments would take measures to compel the Hong Kong government to respond to the requests of the Hong Kong people,” Chan said, adding that Simon did not elaborate on the kind of measures that should be taken by the overseas authorities.
Reward
Chan, who had told the court he liaised with Lai, Simon and other activists, confirmed on Wednesday that he had received an offshore company as a reward for his work. In January 2020, Lai transferred the ownership of the company Lacock to Chan, which came with a local HSBC bank account with a balance of HK$80,000.
The paralegal said Simon told him to pay back the bank account balance in cash, but he did not do so.
Taiwan trip
Lai had reimbursed Chan for a trip to Taipei between January 10 and 12, 2020, when the paralegal met with Lai, Hong Kong democrats Lee Wing-tat and Albert Ho, as well as Taiwanese political figure Shih Ming-teh, whom Lai described as a “true revolutionary” in a WhatsApp message to Chan.
“He’s good to talk to [about] resistance technique,” a message from Lai to Chan read, referring to Shih.
The group had planned to observe Taiwan’s presidential election at the time, Chan said, but they did not have enough time and eventually only watched the election on television at Lai’s residence at Yangmingshan.
Chan’s testimony will resume on Friday.
Beijing inserted national security legislation directly into Hong Kong’s mini-constitution in June 2020 following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts – broadly defined to include disruption to transport and other infrastructure. The move gave police sweeping new powers and led to hundreds of arrests amid new legal precedents, while dozens of civil society groups disappeared. The authorities say it restored stability and peace to the city, rejecting criticism from trade partners, the UN and NGOs.
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