- 8 -
the LegCo under BL 50 and ultimately resign under BL 52. This was essentially the overt act as stipulated in sub-paragraph (i) of the Particulars of Offence.
5. The prosecution accepted that they had to prove beyond reasonable doubt the term of the conspiracy and the overt act stipulated in sub-paragraph (i) of the Particulars of Offence. The prosecution further alleged that the agreement was reached by the 16 defendants together with others before the promulgation of the NSL on 30 June 2020. They asserted that the said agreement became unlawful after the NSL came into effect but the 16 defendants continued to pursue that course.
6. The 2020 LegCo election was postponed due to the COVID pandemic. It was alleged by the prosecution that had the Scheme been carried out, that would paralyse the operation of the Government and inevitably create political instability in Hong Kong leading to constitutional crisis for HKSAR.
Legal Issues
7. A number of legal challenges were made by the defence as regards the elements of the offence under NSL 22. NSL 22 stated as follows:
“Article 22 A person who organises, plans, commits or participates in any of the following acts by force or threat of force or other unlawful means with a view to subverting the State power shall be guilty of an offence:
(1) overthrowing or undermining the basic system of the People’s Republic of China established by the Constitution of the People’s Republic of China;
