Defence lawyer warns against lengthy jail terms in Hong Kong’s landmark subversion trial

Senior counsel representing ex-union head Carol Ng warns move may close door in future for leniency for more serious security law violations

Hong Kong courts

Brian Wong

Published: 7:14pm, 28 Aug 2024

Why you can trust SCMP

A veteran lawyer has warned against imposing lengthy jail sentences in Hong Kong’s first subversion trial, telling a court that such a move might close the door for leniency in the future for potentially more serious violations of the national security law.

At West Kowloon Court on Wednesday, Senior Counsel Gladys Li offered arguments for mitigation for former trade union leader Carol Ng Man-yee, following the conviction of 45 opposition figures involved in an unofficial legislative primary election in July 2020.

Li argued the case was not the worst of its kind as it remained uncertain whether the primary winners, if elected to the Legislative Council, would have actually abused their voting powers to obstruct the government’s financial budgets and paralyse its operations pursuant to a previous agreement.

She warned that if the starting point of the sentence was set too high, the court would have no choice but to mete out even heavier punishments for national security offences such as those involving violence.

Mr Justice Andrew Chan Hing-wai, one of three High Court judges overseeing the case, disagreed that the conspiracy was unlikely to succeed, saying that it was not a relevant consideration for sentencing.

Judge Alex Lee Wan-tang added that deterrence was an essential element in penalising national security offences.

The judges, all hand-picked by the chief executive to hear national security cases, convicted 14 opposition politicians and activists of conspiracy to subvert state power after finding they intended to create a constitutional crisis after securing a controlling majority in the legislature.

They, together with 31 defendants who pleaded guilty before the trial, may face substantial jail terms under the Beijing-decreed security law, which requires a minimum sentence of 10 years for “grave” offences.

The court heard Ng, a former chairwoman of the now-disbanded Confederation of Trade Unions, said she was “genuinely sorry” for her transgression, describing her involvement in the scheme as the “biggest mistake” of her life.

The activist also intended to quit politics for good after her release, the senior counsel added.

Defendant Roy Tam has said he will stay away from political and environmental concerns in future. Photo: Xiaomei Chen

Counsel for Roy Tam Hoi-pong, a former district councillor and environmentalist, also indicated the defendant would not touch on political or environmental issues in the future.

David Ma Wai-kwan, Tam’s legal representative, revealed the ex-politician was studying housing management behind bars but faced substantial difficulties due to a tumour under his tongue and persistent skin infections.

But Lee said the threshold for showing “exceptional hardship” for an inmate was very high, with his colleague Chan noting that Tam’s skin problems did not appear “serious enough” to warrant further sentencing discounts.

Barrister Richard Yip Hoi-long also sought leniency for his client, former district councillor Ricky Or Yiu-lam, by highlighting his “extremely limited” role in the conspiracy and slight influence over the general public.

Yip described Or as “a very mild and conservative politician” and said his involvement was “unfortunate”.

The court will hear pleas of mitigation from the remaining nine convicted defendants, including journalist turned activist Gwyneth Ho Kwai-lam and four ex-lawmakers, when proceedings to resume next Monday.

Post