Hong Kong 47: Judges question integrity of ex-district councillor during mitigation hearing
Hong Kong Free Press
Judges overseeing Hong Kong’s largest national security case involving 45 pro-democracy figures convicted of conspiracy to subvert state power have challenged the integrity of one defendant, with a judge describing him as an “opportunist masquerading as a patriot.”
The court at the West Kowloon Law Courts Building on Wednesday heard mitigation pleas from lawyers representing former district councillor Michael Pang, who was among 14 found guilty after a 118-day trial.
Pang, 30, was described by a panel of three designated national security judges in their verdict as an “opportunistic and incredible witness who gave self-serving evidence” over his role in an unofficial legislative primary election in July 2020, which the court found to be part of a conspiracy to subvert state power.
Judge Johnny Chan on Wednesday disagreed with Pang’s barrister Money Lo, who said that Pang was an “opportunist” who sought any possible chance to serve Hong Kong and China.
“Of course we used the term opportunist in our judgement, but that was not what we meant,” the judge said.
Judge Andrew Chan also challenged Lo’s submission, which highlighted Pang’s employment at the Hong Kong Basic Law Foundation, an NGO that promotes the city’s mini-constitution.
Lo argued Pang should receive a lesser sentence given his work to safeguard national security, citing a mitigation letter penned by ex-Travel Industry Council chair Simon Hau, also the general secretary of the foundation.
But the judges appeared unconvinced, saying that Pang’s work at the foundation only began after he was charged with the offence in 2021.
“You describe your client as an opportunist, so this may be another opportunity that he exploited,” Andrew Chan said.
“An opportunist masquerading as a patriot,” Johnny Chan added.
But Lo contended that Pang “has been doing what he has been doing all along,” drawing the court’s attention to letters written by people Pang had been friends with since secondary school and his commitment to promote business opportunities for Hong Kong youths in the Greater Bay Area.
Judge Alex Lee pointed to what appeared to be inconsistency between Pang’s mitigation pleas and what he had said during his primary election campaign.
“We have all sorts of radical words said by him, against not just the government but the country as a whole,” Lee said.
“It looks as if you are describing a totally different person from what he said during the primary election,” he added.
Pang had testified during the trial that he had used “election language” that pertained to be “yellow,” a colour associated with the city’s pro-democracy camp, but the judges rejected those claims.
‘True character’
Lee also said he had difficulty accepting that Pang’s behaviour during the primary election was out of character as the conspiracy had lasted for a while.
“You have to persuade us that the image you portrayed about your client was in fact his true character,” Lee said.
Lo said Pang’s mitigation letters were written by friends that had known him for years and that his good character was demonstrated by his public service as a district councillor, as well as his employment by the foundation.
See also: Who are the 16 Hong Kong democrats awaiting verdict in the city’s largest national security trial?
“As a CEO overseeing the whole student centre, [the foundation] didn’t pick up anyone from the street, they have observed him,” Lo said.
The lawyer did not make any submission on whether the three-tier sentencing regime under the security law applied to the case – a key point raised in earlier mitigation hearings.
The security law stipulates three categories of offenders, with “principal offenders” facing up to life in prison. An “active participant” could be sentenced up to 10 years in jail and “other participants” up to three years in jail.
The court is adjourned until Friday, when the next batch of defendants including Joshua Wong is set to enter pleas of mitigation.
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.
Support HKFP | Policies & Ethics | Error/typo? | Contact Us | Newsletter | Transparency & Annual Report | Apps
Help safeguard press freedom & keep HKFP free for all readers by supporting our team
