Hong Kong 47: Ex-gov’t officials pen mitigation letters for former Democratic Party chair
Hong Kong Free Press
Former Democratic Party chairman Wu Chi-wai has submitted mitigation letters from three ex-officials in pleading for a lighter sentence in the landmark national security case involving 47 pro-democracy figures.
Wu appeared before three designated national security judges on Monday morning, when his lawyer argued that the 61-year-old former legislator was “at best an active participant” in a conspiracy to commit subversion. The court also heard mitigation pleas from the legal representatives of activists “Fast Beat” Tam Tak-chi and Sze Tak-loy.
The trio were among dozens of democrats convicted over an unofficial primary poll held in July 2020, which aimed to help the opposition camp win majority control of the legislature in an upcoming election.
The defendants were said to have intended to abuse their legislative powers to indiscriminately veto bills, forcing the chief executive’s resignation and a government shutdown.
Following a 118-day trial, 14 democrats were found guilty, while 31 defendants had pleaded guilty earlier. They could face up to life in prison.
‘Civil and rational’
Representing Wu, barrister Breanne Kwok said the starting point of sentence for the ex-lawmaker should fall at the “lower end of the second tier,” referring to a three-tier penalty system for those found guilty of subversion depending on their roles and culpability.
The lawyer argued that there was no evidence showing that Wu, who had entered a guilty plea, had organised or planned the scheme. He and other candidates from the Democratic Party were “not on board” with the idea of vetoing the budget, she said.
According to the provision, a principal offender or a person who commits an offence of a grave nature faces up to life in prison. An active participant is subject to a jail sentence between three and five years. Other participants face a “fixed term imprisonment of not more than three years, short-term detention or restriction.”
Kwok filed mitigation letters from ex-transport and logistics minister Anthony Cheung and the department’s former deputy chief Yau Shing-mu. Former labour and welfare chief Law Chi-kwong also penned a mitigation letter for Wu.
The letters unanimously praised Wu as a “civil and rational” politician, even when he disagreed with government policies, Kwok said. The government also recognised Wu’s contribution by awarding him a medal of honour in 2006, the counsel said.
“The Hong Kong government saw Mr Wu as a reliable person… it is understandable why [he] was reluctant to indiscriminately veto [the budget… it is out of his character,” Kwok told the court.
The lawyer added Wu had not promised voters that he would veto the budget indiscriminately, as the party’s constitution allowed for members to question how their representatives in the Legislative Council vote on government bills and policies. It was not possible for Wu to adopt such a “radical” stance, she said.
“They can’t make such promises, that would be an outright lie,” she said.
Tam Tak-chi
Pauline Leung, who represented former radio host Tam, asked the court to take into account a 40-month jail term her client had finished serving for a series of sedition offences under a separate colonial-era law. The court should deduct at least 20 months from his sentence in the current case, she said.
Leung argued that Tam’s degree of participation belonged to the “lowest band,” as the ex-vice-chair of the disbanded People Power did not organise or plan the scheme. Although he signed an online declaration considered key evidence in convicting the democrats, he was not the author of those documents, she said.
The lawyer also told the court that Tam was remorseful, saying he read the book The Confessions of Saint Augustine during his time behind bars.
“[Tam] has no chances of going back to politics ever again,” Leung told the court.
Sze Tak-loy
On behalf of ex-district councillor Sze, barrister Peter Wong submitted mitigation letters from various government departments praising Sze’s contribution to public services. Sze is a registered social worker and the former head of the Association for Democracy and People’s Livelihood.
The court should sentence Sze as an active participant in the scheme, but his jail term should fall between the “lowest end and the middle range” of the tier, Wong said. The lawyer added that under the amended the Social Workers Registration Ordinance, which was passed in the legislature last week, anyone convicted of national security-related offences would be barred from registering as a social worker.
“The opportunity for [Sze] to public as a social worker has vanished,” Wong said.
On Monday, activist Joshua Wong and former lawmaker Jeremy Tam, who completed their mitigation pleas last week, were also present in the dock. Tam Tak-chi and Wu talked to each other briefly during the hearing and laughed, while the former People Power activist also waved and smiled at people in the public gallery.
“I love you, I love you all!” Tam Tak-chi shouted in English from the dock before he was escorted away by corrections officers after the hearing ended.
The court will reconvene on Wednesday for mitigation pleas from another batch of defendants, including former legislators Helena Wong and Claudia Mo and activist Lester Shum.
Beijing inserted national security legislation directly into Hong Kong’s mini-constitution in June 2020 following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts – broadly defined to include disruption to transport and other infrastructure. The move gave police sweeping new powers and led to hundreds of arrests amid new legal precedents, while dozens of civil society groups disappeared. The authorities say it restored stability and peace to the city, rejecting criticism from trade partners, the UN and NGOs.
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