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Defense attorney warns of long prison sentences in Hong Kong's groundbreaking subversion trial

She warned that if the starting point for the sentence is set too high, the court will have no choice but to impose even harsher sentences for crimes against national security, such as acts of violence.

Justice Andrew Chan Hing-wai, one of the three Supreme Court judges hearing the case, disagreed that the conspiracy was unlikely to succeed and said it was not a relevant consideration for sentencing.

Judge Alex Lee Wan-tang added that deterrence is an essential element in punishing national security violations.

The judges, all of whom were personally selected by the President to hear national security cases, sentenced Fourteen opposition politicians and activists were accused of conspiring to undermine state power after it emerged that they were trying to provoke a constitutional crisis after securing a dominant majority in parliament.

They and 31 other defendants who pleaded guilty before the trial face significant prison sentences under the security law passed in Beijing. The law provides for a minimum sentence of ten years for “serious” crimes.

The court heard Ng, a former chairman of the now dissolved The Confederation of Trade Unions said it was “sincerely sorry” for its actions and described its involvement in the plot as the “biggest mistake” of its life.

The activist also plans to permanently retire from politics after her release, the lead lawyer added.

The defendant Roy Tam has stated that he will stay out of political and environmental matters in the future. Photo: Xiaomei Chen

The lawyer of Roy Tam Hoi-pong, a former district councilor and environmental activist, also pointed out that the defendant would no longer deal with political or environmental issues in the future.

David Ma Wai-kwan, Tam's legal representative, said the ex-politician had studied housing management behind bars but had faced considerable difficulties due to a tumor under his tongue and persistent skin infections.

But Lee said the bar for proving “exceptional hardship” for an inmate was very high, and his colleague Chan noted that Tam's skin problems did not appear “serious enough” to warrant a further reduction in sentence.

Lawyer Richard Yip Hoi-long also asked for leniency for his client, former district councillor Ricky Or Yiu-lam, highlighting his “extremely limited” role in the conspiracy and his limited influence on the public.

Yip described Or as “a very moderate and conservative politician” and said his involvement was “regrettable”.

When the trial resumes next Monday, the court will hear mitigation appeals from the remaining nine defendants, including journalist and activist Gwyneth Ho Kwai-lam and four former MPs.

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