Jurors in the trial of seven Hong Kong residents suspected of plotting to kill police officers during protests and riots 2019 began to consider their verdict.

The High Court. File photo: Kyle Lam/HKFP.

Nine jurors – six women and three men – will decide on a verdict on charges brought against the defendants under the United Nations (Anti-Terrorism Measures) Order, which prosecutors are using in the city for the first time.

On Tuesday, High Court Judge Judianna Barnes urged the jury to carefully consider all the evidence and testimony presented during the trial, which began in April and lasted 81 days.

“Let me remind you again, the burden of proof is on the prosecution,” Barnes said in Cantonese. “It is up to the prosecution to prove the defendants' guilt, not the defense to prove their innocence.”

The case was opened over an alleged plot to plant two explosive devices along the rally route on Hennessy Road in Wan Chai District on December 8, 2019, with the aim of attacking police officers.

Chung Chun-fu, Chung Min-yu, Im Man-him, Christian Lee, Lai Chun-pong and Justin Hui have pleaded not guilty to a joint charge of “conspiracy to cause explosion of prescribed objects” under the Anti-Terrorism Act. They face life in prison if convicted.

Six of the defendants face an alternative charge of “conspiracy to cause an explosion with intent to endanger life or property,” which carries a maximum sentence of 20 years in prison.

A rally to mark International Human Rights Day on Hong Kong Island on December 8, 2019. File photo: May James/HKFP.

They are also charged with “conspiracy to commit murder,” which carries a maximum penalty of life in prison.

Lee faces an additional charge of “possession of a weapon or ammunition with intent to endanger life,” which also carries a life sentence.

A seventh defendant, Lau Pui-ying, has pleaded not guilty to one count of “conspiracy to provide or collect property for the purpose of committing terrorist acts,” which carries a maximum prison term of 14 years.

Barnes told jurors that most of the charges against the defendants involve conspiracy, meaning they must first determine whether there was a conspiracy.

The judge added that they must consider whether each of the defendants knowingly took part in the scheme and intended to carry out the conspiracy.

Barnes also reminded the jury that the first offence under the Terrorism Act and its alternative charge cannot be convicted at the same time.

“Except [Lau]”Each defendant faces more than one charge. You have to look at them independently, that is, whether the prosecution has established each offence for each defendant,” the judge said.

Judge Judianna Barnes. Photo: Judicial Branch.

Deliberations are expected to last more than 24 hours. Jurors will remain overnight in the High Court and are barred from speaking to anyone other than their fellow jurors during their deliberations.

A jury of nine must reach a unanimous decision, or a decision agreed upon by at least seven members, for their verdict to be effective. Otherwise, the judge may dismiss them and order a retrial before a new jury.

Plot to Explode

During the trial, the court heard evidence, including from three prosecution witnesses who became defendants: Wong Chun-keun, Eddie Pang and David Su.

Prosecutors alleged that the defendants were members of two radical groups, including the Dragon Slayers group led by Wong, which planned a bombing at a Dec. 8, 2019, rally organized by the pro-democracy Civil Front for Human Rights group. The group disbanded under the national security law.

According to the prosecution, members of the Dragon Slayers group planned to lure police officers to the area where the two bombs were located, while Su was to open fire on the police from a nearby building.

Bombs could have resulted in serious civilian casualties and property, Chief Prosecutor Juliana Chow said.

Protests erupted in June 2019 over since then-cut extradition bill. They escalation in sometimes violent manifestations of disagreement with the behavior of the police, against the backdrop of calls for democracy and anger at Beijing's encroachments. The demonstrators demanded A independent probe in the behavior of the police, amnesty for those arrested and a stop characterization protests as “riots.”