Four Hong Kong activists, including three members of pro-democracy group the League of Social Democrats (LSD), will stand trial in late April after pleading not guilty last year to the offences linked to setting up street booths in 2023.
LSD chairperson Chan Po-ying, vice-chairs Dickson Chau and Yu Wai-pan, and activist Lee Ying-chi – the only non-LSD defendant – appeared at the Eastern Magistrates’ Courts on Friday for a pre-trial review.
The four face a total of 12 counts of collecting money in a public place without a permit and displaying bills or posters on government land without permission.
The offences were linked to street booths the LSD set up on April 2, April 30, and May 28, 2023, in Causeway Bay and Wan Chai. They were said to have displayed a blank black banner and handed out leaflets that showed QR codes linking to the party’s donation link and its PayMe profile.
On Friday, the prosecution, represented by barrister Timmy Yip, said that they would summon a police inspector as an expert witness to testify on how QR codes worked.
A female police officer will also testify on accessing the LSD’s donation platforms via the QR codes displayed.
Yip told Magistrate Minnie Wat the police had filmed the LSD’s street booths on all three occasions, adding that the videos would be submitted as evidence.
Chan’s lawyer Anson Wong said that he would not challenge the constitutionality of the provisions concerned in the case, but he may argue why the interpretation and application of those provisions should take into account the Hong Kong Bill of Rights Ordinance.
The other three defendants had no legal representatives on Friday and said they would defend themselves at trial.
The court scheduled the trial for April 29 and reserved April 30 for both sides to make closing arguments.
The LSD fundraising case originally involved 10 defendants. Six of them pleaded guilty last October and were fined between HK$800 and HK$1,000.
Separately, Yu was charged with “unauthorised displaying/affixing of poster on government land” in connection with a street booth set up in September 2022.
On Friday, Wat gave new case management instructions after the case was repeatedly adjourned awaiting the appeal result of another case.
It was necessary to speed up the case because it has been almost three years since the alleged offence took place, which was “not very ideal,” she said.
Yu was asked to compile a list of documents that he wanted the prosecution to disclose and explain why those documents were relevant to the case. The activist previously asked the prosecutors to disclose the Food and Environmental Hygiene Department’s enforcement guide.
The court also asked the prosecution to respond to Yu’s request and to state whether they were willing to ensure disclosure. If they refuse to hand over the documents requested, they have to explain whether they will cite “public interest immunity” as a reason for the rejection.
Yu’s case will be mentioned again on August 5.
