Hong Kong judge tells jury in bombing case to consider impact of 2019 protests

“It was not just a matter of planting a bomb in the street. It was a large-scale demonstration in which many civilians took to the streets.”

Barnes asked the jury to consider that any bombings during the unrest of 2019 would have had a different impact to such actions in the current political climate.

Since April, the court has heard testimony against seven defendants suspected of being linked to the foiled plot.

The seven, who have pleaded not guilty to charges under the United Nations Counter-Terrorism Measures Order, are Cheung Chun-fu, Cheung Ming-yu, Yim Man-him, Christian Lee Ka-tin, Lai Chun-pong, Justin Hui Cham-wing and Lau Pui-ying.

The court had earlier heard that the plot was masterminded by Wong Chun-keung, the leader of a protest group called the “Dragon Slayer Brigade”, and the mastermind of the plot, Ng Chi-hung.

Wong and Eddie Pang Kwan-ho, a former member of Ng’s team, took the stand to testify as prosecution witnesses and provide evidence against the defendants.

Wong, Pang and Ng all pleaded guilty to a joint count of conspiracy to commit a prescribed object bombing.

Barnes on Monday asked the jury to “carefully” consider the evidence of defendants-turned-prosecution witnesses Wong and Pang before deciding whether their testimonies were credible.

She noted that the couple had “clear grounds” to tailor their evidence because the Justice Department had granted them immunity, even though they and the defendants had engaged in various illegal activities.

“If you choose to believe them after careful consideration, that’s OK, but you have to be aware of the precariousness (when you accept such evidence),” the judge said.

Wong had previously testified that he informed members of the brigade in several meetings between November and December 2019 of his partnership with Ng’s group to ambush police using firearms and explosives.

But defense lawyers argued that Wong would not have been able to share certain details because he only learned of the planned location of the bombs on Hennessy Road from Ng just hours before the attack was scheduled to begin.

They also said that members of the brigade should not be held responsible for Wong’s actions, arguing only that he had directly entered into an agreement with Ng to carry out the ambush.

As Barnes summarized the evidence, she advised the jury to consider how much evidence would be needed to suggest whether any of the defendants had some degree of knowledge of the plot, such as knowing the location of the bombs or knowing that plans were already underway.

But she added that the legal principle for defining a conspirator was that the person had to “agree” to be part of the conspiracy.

If the jury found that the brigade members only discussed the plan, they could not be convicted, she said.

Barnes will send the jury out to deliberate on Tuesday.