The focus of the hearing was on the development of the primary election plan after the “National Security Law for the Hong Kong Area” came into effect on June 30, 2020. The prosecution showed the WhatsApp conversations seized from Zhao Jiaxian’s mobile phone, including the message sent by Dai Yaoting on July 1, which stated that the target of the primary election was to veto the budget, which could not be an “illegal means” under the crime of subversion of state power under the National Security Law. Dai also estimated that the primary election should not violate the crime of colluding with foreign forces, so he believed that the primary election would continue.
Self-proclaimed mediators “only listen to law professors”
Zhao Jiaxian explained in court that after the National Security Law came into effect, voices from the pro-establishment group began to point out that the primary election was illegal. He knew that Dai Yaoting sent the above-mentioned information to the candidate’s team, but he was not sure what communication channel Dai used. Zhao mentioned that Dai analyzed the provisions to him from the perspective of a law professor, “I am only a mediator in the legal-related service industry, and I can only listen to a law professor’s explanation.” At that time, there was also a member of the guild and a senior counsel Says you can’t see the primaries breaking the law. Judge Li Yunteng heard the words and said, “Please remember that this person is not privy to the content of any coordination meeting.”
The polling day for the primary election was held on July 11-12 of the same year, and more than 600,000 people voted, including electronic and paper ballots. Zhao Jiaxian recalled that due to technical problems with the voting system, the online media “Bashi Daily” released some voting results early on the 13th of the same month, and he urgently held a call-out that night. Dai Yaoting had no intention of speaking at first, but when a reporter asked about the Liaison Office’s statement questioning the primary election, Dai stepped forward to respond, and his views were similar to those in the previous WhatsApp message.
Says Day not sure if it’s breaking the law after primaries
Zhao Jiaxian mentioned that before or after the press conference that night, Dai Yaoting expressed his legal views from the perspective of common law. National Security Law. The next day, a former “Apple Daily” senior reporter reminded him to read the “Ten Steps to Speculation” article published by Dai Tongnian in April, and he found out that the primary election was part of the “big plan to attract speculation”. “I am heartbroken.”
I feel “chilling” after learning that the primary election is a ten-step speculation
As seen in the court, Dai Yaoting sent another message to Zhao Jiaxian on July 14, saying, “The purpose of my public message is to say that the purpose of 35+ is to use the powers granted to the Legislative Council by the Basic Law, including vetoing the budget, to hold the SAR government accountable. No mention Veto every motion, not to mention paralyzing the government”, for your reference. Zhao believes that Dai already knew clearly that the primary election “stepped on the border” and involved elements that violated the National Security Law, so he reminded the candidate teams to speak carefully in order to “unify everyone’s voice.”
Judge Chen Qingwei is concerned that Tai Yaoting said that he did not mention “vetoing every bill” and paralyzing the government. Is it because he does not want candidates to cross the red line, especially committing crimes under the National Security Law, because paralyzing the operation of the government itself is a crime of subverting state power (subversion) . Zhao Jiaxian replied “No mistake”. The hearing continues.