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- (iv) undertaking or agreeing, and / or inciting, procuring, inducing or causing others to undertake or agree, to willfully or intentionally fail or neglect to discharge his or her duties of a LegCo Member after being elected in the Election, that is, to uphold the Basic Law, bear allegiance to HKSAR of the People’s Republic of China and serve HKSAR conscientiously, dutifully, in full accordance with the Law, honestly and with integrity;
seriously interfering in, disrupting or undermining the performance of duties and functions in accordance with the law by the body of power of HKSAR. (the “Charge”)
3. Essentially, the prosecution case was that between 1 July 2020 and 7 January 2021, the 16 defendants together with other persons came to an agreement to participate in the Scheme so as to seriously interfering in, disrupting or undermining the performance of duties and functions in accordance with the law by the body of power of the HKSAR by unlawful means with a view to subverting the State power. This was the term of the conspiracy.
4. It was alleged by the prosecution that the 16 defendants together with others agreed to pursue a course of conduct which was to indiscriminately veto any budgets or refuse to pass any budgets or public expenditure to be introduced by the Government regardless of the merits or the contents, in the event that they were elected to be LegCo Members and after obtaining a majority in the upcoming 2020 LegCo election with the intention of compelling the Chief Executive to respond to the “Five Demands Not One Less” demand (the Five Demands) and in the case that the Chief Executive refused to do so, she would have to dissolve
