Legal representatives of activists convicted in landmark national security case say their clients' poor performance in the primary elections reflected the extent of their involvement in the plan. The judges ruled that the Democratic primaries could cause a “constitutional crisis.”
Speaking before a panel of judges specially selected to hear national security cases, Senior Counsel Gladys Lee said Wednesday that Former Unionist Carol Ng “sincerely repented” and only wanted to improve the working conditions of Hong Kong workers.
Ng, 53, was among 45 defendants convicted of conspiracy to commit subversion following an unofficial preliminary vote held in July 2020 that was aimed at helping the opposition camp gain a majority in the city's legislative assembly.
Democrats were said to have intended to abuse their powers to indiscriminately veto the state budget, which a three-judge panel ruled in a trial could plunge Hong Kong into a “constitutional crisis”.
Subversion of state power is a crime under Beijing's National Security Lawwhich was incorporated directly into Hong Kong's mini-constitution in June 2020 following a year of pro-democracy protests and unrest.
Carol Ng
“In any case,” Lee said Wednesday, the harshest sentence for subversion under Beijing's security law will not be applied in Ng's case.
See also: Hong Kong 47: Former county councillor says he has 'no remorse' for running in primary at centre of national security probe
In her own letter of leniency filed with the court, Ng said she joined the primary solely to “give our society more satisfied workers so that our society can work better.” Her goal was never to undermine state power, only to improve working conditions for workers, she said.
However, Judge Johnny Chan said the court could not accept that Ng had no intention to break the law, only that she was not the principal offender.
Lee also asked the court to take into account Ng's track record as a trade unionist, namely that she set up the British Airways Cabin Crew Union in Hong Kong before joining the now-defunct Hong Kong Confederation of Trade Unions as chairperson.
Lee said serving others and thinking about others was “just part of her character” and Ng believed that participating in the conspiracy was “the worst decision of her life.”
Lee also asked the court to consider that Ng was convicted of conspiracy to subvert state power, not the crime of subversion per se, and that the conspiracy did not involve the use of force or the threat of force.
The plot was organised in such a way that it “enabled the government to take any measures to nip it in the bud”, adding that “it had the seeds of its own destruction”. She added: “Some would say it was a pipe dream.”
The senior adviser also pointed to Ng's defeat in the primary. “Her speech at the forum for New Territories West was dismal – she barely got to speak because she didn't manage to push the button in time.”
Lee said Ng was not the main perpetrator and asked judges to consider the unionist an “active” or “other” participant in the conspiracy.
Roy Tam
Introducing the former district councilor Roy TamDefense attorney David Ma asked the court to consider Tam an “other” lower-level participant in the conspiracy and, if not, to place him in the lower half of the “active participant” category.
Like Ng, Tam was a “runner-up” candidate, Ma told the court, adding that he came in last in the primary, receiving only half the votes of the candidate who placed higher.
In response to the judges' concerns, Ma said he was not arguing that fewer votes would necessarily mean a shorter sentence. But he asked the court to consider that there was a “spectrum of activity” among the defendants who ran in the primary, and that Tam fell at the lower end of the “active” sentencing group.
Citing a mitigating letter from the former head of the observatory Lam Chiu-ying While acknowledging Tam's efforts to address environmental issues, Ma asked the court to find that Tam's purpose in running in the primary was to bring a “greener voice” to the legislature.
Ma added that undermining state power was not his main goal.
Ma also said the former adviser had not been idle during his detention and had taken courses in building management. This was a sign that he would not return to politics, Ma said, adding that Tam realized that returning to environmental work would involve some degree of politics.
Ricky Or
Former District Councilor Ricky Ora's involvement in the conspiracy Lawyer Richard Yip said on Wednesday that his influence on the public was “extremely limited”, adding that his ability to influence the public was limited.
Judge Alex Lee responded by saying Ohr had prepared campaign materials and hired a campaign manager, casting doubt on the idea that the number of votes a defendant received reflected his culpability. Ohr was among those who signed a declaration vetoing the budget, Judge Johnny Chan said.
Yip claimed that while others were actively campaigning in the streets, Ohr simply “sat on the sidelines” and simply acknowledged that the primary was a “necessary event” to get into the legislature.
The lawyer continued by stating that Or has an “impeccable reputation” and has served in the public service for over 20 years as a district councillor from 2003 to 2011 and again from 2019 to 2021. Ip also noted that Or’s service in public service has been recognised by the government and he received the Chief Executive’s Commendation for Public Service in 2008.
Or was by no means a radical, Yip said, adding that, unfortunately, he was part of a conspiracy.
Beijing National security legislation has been inserted straight into Hong Kong's mini-constitution in June 2020 after a year of pro-democracy protests and unrest. He criminalized subversion, secession, collusion with foreign powers and terrorist acts – in the broad sense, including disruption of transport and other infrastructure. The move gave police sweeping new powers and led to hundreds arrests among new legal precedentswhile tens civil society groups have disappeared. Authorities say this is stability and peace have been restored into the city, rejecting criticism from trading partners, UN And NGO.
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