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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
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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.
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