Winnie Yu pleads not guilty to subversion charge 

1 min read
Photo: Mingpao
  • Hong Kong’s largest national security trial of 47 democrats begins today (6 Feb 2023).
  • Two trade unionists are among the 47 Hong Kong democrats charged with subversion under the Hong Kong National Security Law.
  • The 47 have been detained before trial for almost 2 years and will be tried without a jury.

The former chairperson of the Hospital Authority Employee Alliance Winnie Yu Wai-Ming is contesting to the charge of conspiracy to subvert under the Hong Kong National Security Law in high court. Another union organiser Carol Ng, the former chairperson of Hong Kong Confederation of Trade Unions, has indicated previously to plead guilty to charge.

Winnie Yu and Carol Ng are remanded in custody for over 480 days and 700 days respectively.

The trial is before three High Court judges Andrew Chan, Alex Lee and Johnny Chan, without a jury. 90 days set aside for trial starting today in high court (moved to West Kowloon Magistrates’ Courts) and it is the most high-profile prosecution so far under national security law.

Winnie Yu and Carol Ng are charged with subversion with other 45 defendants related to their participation in an unofficial ­primary poll held in 2020 to select opposition candidates for the Legislative Council election, and to conspire to subvert state power. Among the 47 defendants, 16 of them including Winnie Yu pleaded not guilty.

The prosecution’s opening stated that Winnie Yu and the remaining 15 defendants conspired in Hong Kong and conspired with others to subvert state power by forcing the HKSAR government to dissolve the Legislative Council by indiscriminately vetoing the government’s budget or public expenditure. It eventually led to the resignation of the chief executive, and the purpose was to subvert the state power. The prosecution also claimed that Winnie Yu and Carol Ng had signed the joint statement promising to abide by the plan of the primary poll.

More than 600,000 people voted in the primary election, among 74 primary candidates, 31 candidates were elected, including Winne Yu.

Carol Ng and the remaining 30 defendants are intended to plead guilty. Though Carol Ng is not required to attend the trial, she remains in court today to observe the progress of the trial. The court will deal with her sentence after this trial.

Winnie Yu was granted bail on July 28, 2021, but was revoked on March 8 last year and has been in custody thereafter. Carol Ng has been remanded since 4 March, 2021 after she was refused bail.

The charge of conspiracy to commit subversion carries a maximum sentence of life imprisonment, with a minimum term of 10 years for serious offenders. The hearing will continue tomorrow.

Source: The Witness、South China Morning Post and Mingpao

47人民主派初選案開審 余慧明及另15名被告否認控罪

2 mins read
Photo: Mingpao
  • 《港區國安法》下串謀顛覆國家政權罪首案開審
  • 兩名工運領袖及45名民主派人士被串謀顛覆國家政權罪
  • 47人未審先囚接近兩年,審訊將不設陪判團

前醫管局員工陣線主席余慧明及前職工盟主席吳敏兒等47人被控《港區國安法》下的串謀顛覆罪的案件,涉及余慧明及其他15名被告的案件今日(2月6日)在高等法院(移師往西九龍裁判法院審理)開審,已還柙逾480日的余慧明及其他15名被告否認串謀顛覆罪。 
 
至今已還柙逾700日的吳敏兒,早前已表示擬承認控罪,她與其餘擬認罪的30名被告,將在本案審結後正式答辯及判刑,吳敏兒今日亦有出席觀察審訊進度。控方案情指出,余慧明及吳敏兒有份簽署聯合聲明,承諾將遵守初選的計劃,最終余慧明以醫療衛生界參選人的身分當選。 
 
本案不設陪審團,預計審期90日,由高院法官陳慶偉、李運騰及陳仲衡審理。本案是《港區國安法》下串謀顛覆國家政權罪首案,「首要分子」最高可判處終身監禁。余慧明於2021年7月28日一度獲准保釋,但去年3月8日被撤銷保釋。吳敏兒則於2021年3月4日被拒絕保釋後一直還柙至今。 
 
控方開案陳辭指出,本案的串謀計劃,就是被告同意透過「非法手段」嚴重干擾、擾亂或破壞特區政權機關依法履行職能,透過無差別否決政府提出的財政預算或公共開支,迫使特區政府解散立法會,最終導致行政長官辭職,而謀劃的目的是「顛覆國家政權」。控方又稱,余慧明及吳敏兒等有份簽署「墨落無悔 堅定抗爭 抗爭派立場聲明書」的聯合聲明,而簽署者承諾將遵守初選的計劃,最終有逾 60萬人在初選投票,共有74名初選參選人,其中31人當選。聆訊明(7日)續。 
 
資料來源:法庭線、《南華早報》、《明報》