A former lawmaker affiliated with Hong Kong’s largest opposition party has sought leniency in a subversion case, arguing “radical” competitors pressured her into backing a conspiracy to topple the government through a 2020 unofficial legislative primary election.
Helena Wong Pik-wan’s legal team on Wednesday sought a jail term limit of three years under the Beijing-decreed national security law over her “peripheral role” in the case implicating 45 opposition politicians and activists.
Mitigation proceedings for the city’s largest national security trial resumed at West Kowloon Court with submissions from a fourth batch of nine defendants, who had competed in the Kowloon West constituency and two functional sectors.
Ex-district councillor Lee Yue-shun, who was one of two defendants cleared in the trial, appeared in court for the first time since his acquittal was confirmed by prosecutors’ decision not to lodge an appeal.
Lee said he hoped his attendance would show his support for the other accused.
Former lawmaker Shiu Ka-chun and activist Chan Po-ying, the chairwoman of the League of Social Democrats, were also among the attendees at Wednesday’s session.
Wong’s counsel, Erik Shum Sze-man, stressed his client had never subscribed to the radical ideologies raised in the case and had avoided endorsing an indiscriminate vote against government budgets to paralyse its operations.
He argued the former lawmaker was “cornered” by other primary contestants during a public debate, where she blurted out a promise to exhaust all available tools to force authorities to accede to protesters’ demands raised during the 2019 social unrest.
“This is very unfortunate, because considering her background, her political career and teaching career, it was completely out of her character for her to have a subversive intent to interfere with the operation of the [Hong Kong] government,” Shum said.
A mitigation letter by ex-transport minister Anthony Cheung Bing-leung, also a former Democratic Party member, described Wong as “a victim in the 2019 confrontational politics” who was dragged into the situation.
Shum argued Wong was also implicated by party chairman Wu Chi-wai, who openly supported the use of lawmakers’ vetoing power to bring down the government.
The counsel highlighted her past contributions to the community, including her support for the 2010 political reform and efforts to expose a contaminated water scandal at a public housing estate in 2015.
Another convicted ex-legislator, Claudia Mo Man-ching, sought five to six years’ imprisonment over her role in the scheme.
Mo’s counsel, Albert Wong Nga-bun, said his client had reflected on the potential harm caused by her actions and wished to apologise.
Former pro-Beijing legislator Abraham Razack and ethnic minority rights advocacy group Hong Kong Unison were among those who signed mitigation letters submitted on Mo’s behalf.
Mr Justice Andrew Chan Hing-wai, one of three High Court judges presiding over the hearing, said Mo had advocated foreign countries’ intervention at one point in her campaign, but Wong stressed that was irrelevant to the present case.
The court also heard mitigation pleas from ex-district councillors Kalvin Ho Kai-ming, Lester Shum and Henry Wong Pak-yu, as well as activists Frankie Fung Tat-chun and Nathan Lau Chak-fung.
Albert Wong, who also sought leniency for Lester Shum, highlighted the defendant’s “reformed character” and deep regret over his misdeeds.
Shum said in his mitigation letter that he had been put in solitary confinement because of this case and had now realised that “anger, not to mention hatred and resentment, will lead us to nowhere”.
“Upon painstaking reflection, I realised that some underlying reasons for my political participation were not as bright as they appeared to be,” the former student leader wrote.
Shum added that he wished to reunite with his wife and repay her support as soon as possible.
Barrister Anthony Yuen Wai-ming asked for no more than three years in jail for his client Ho.
He urged the judges to give greater weight to a mitigation letter for Ho by ex-lawmaker Frederick Fung Kin-kee, whom the counsel described as a “patriot” as shown in his participation in the “patriots-only” Legislative Council election in 2021.
Senior Counsel Nigel Kat, speaking on behalf of Frankie Fung, described his client as an idealist who was “enthusiastically naive” in believing that the plan remained lawful under the new legal order.
He suggested that if his other client, former district councillor Tiffany Yuen Ka-wai, deserved four to five years in jail, Fung’s culpability would call for four.
The court will hear mitigation submissions on Thursday from protest organiser turned former district councillor Jimmy Sham Tsz-kit, as well as activist and former hospital worker Winnie Yu Wai-ming.
