‘Draconian laws’ not the answer, ex-Hong Kong politician tells subversion trial

Ng’s adamant stance is uncommon among the 45 opposition figures convicted of conspiracy to subvert state power, with many seeking reductions in their potentially substantial jail terms in the critical mitigation hearings that resumed after an adjournment of 1½ months due to “unforeseen circumstances”.

He is among 31 of the defendants who admitted to the charge for their involvement in an unofficial legislative primary election in July 2020.
The trio of judges, hand-picked by the chief executive to hear cases tried under the security law, also convicted 14 others after finding the primary formed an integral part of a scheme to paralyse the government and create a constitutional crisis by indiscriminately blocking its financial budgets.

Ng, who was not legally represented, said he took part in politics in the hope of preventing the erosion of personal freedoms, marking his disapproval of “arrogant” officials.

He added he also wished to represent the voices of those who took their own lives during the 2019 anti-government protests.

“High-handed governance, draconian laws and harsh penalties can at best offer a Band-Aid solution. Society must find a way to solve its deep-rooted problems so that it can reconcile and achieve stability and prosperity,” he said.

Justices Andrew Chan Hing-wai and Alex Lee Wan-tang were seen leaning their heads on their hands during most of the defendant’s hour-long speech.

Chan warned Ng’s sentencing discount should be “significantly less than the others” based on his belated plea and lack of remorse.

Lee also expressed concerns about the defendant’s risk of reoffending by referring to remarks he made about hoping to contribute to Hong Kong after his release regardless of “the many difficulties” he anticipated.

The court also heard pleas of mitigation from four ex-lawmakers – Andrew Wan Siu-kin, Kwok Ka-ki, Eddie Chu Hoi-dick and “Long Hair” Leung Kwok-hung – as well as activists Sam Cheung Ho-sum and Prince Wong Ji-yuet, who is serving time for a rioting offence.
Leung Kwok-hung was among those taking part in the mitigation hearings for the high-profile court case. Photo: Winson Wong
Counsel Tina Mok Yin-ting, who is representing Wan, asked the court to take into account her client’s decades-long public service record and good character despite his previous brushes with the law.

She highlighted the former Democratic Party lawmaker’s contributions to the implementation of old age living allowance and concessionary transport fare for people with disabilities.

In mitigation letters written on Wan’s behalf, former labour and welfare ministers Stephen Sui Wai-keung and Law Chi-kwong, and ex-transport and housing chief Anthony Cheung Bing-leung, praised the ex-lawmaker’s “strong passion in helping the underprivileged and the vulnerable”, as well as his peaceful and rational approach to tackling social issues.

Senior Counsel Edwin Choy Wai-bond similarly drew the court’s attention to the social contribution and “indisputably positive good character” of his client Kwok, formerly affiliated with the now-disbanded Civic Party.
Choy said the doctor turned politician had dedicated himself to improving the city’s medical service over the years and showed his commitment to peace and non-violence principles by trying to prevent further violence and restore order in two protests in 2019.

Leung, in a letter to the court, recounted his pursuit for freedom and democracy through decades of political activism and said only a controlling majority in the legislature could “put sufficient pressure on the government to implement social policies beneficial to people’s livelihood”.

The veteran political figure said he had no complaint about the situation he found himself in and stressed it would have been the city leader’s own making if government operations were indeed brought to a halt by a legislature controlled by the opposition.

The court is expected to hear submissions from counsel representing activist Carol Ng Man-yee, alongside former district councillors Roy Tam Hoi-pong and Ricky Or Yiu-lam, on Wednesday.