Security judge slams defendant for political views in mitigation letter

Eunice Lam

A national security judge, Andrew Chan Hing-wai, yesterday criticized Winnie Yu Wai-ming for expressing her political views in her mitigation letter, saying that it should not be read in court.

Yu, a 37-year-old former Hospital Authority staff member, was among the 45 people convicted of conspiracy to subvert state powers for their roles in a primary election for the Legislative Council in July 2020.Yu had represented the Health Services functional constituency back then.She was found guilty together with 13 other defendants after a 118-day trial.

In court, Yu's lawyer, barrister Randy Shek Shu-ming, read out the mitigation letter written by Yu, in which she said that she decided to run for the Legco election after feeling that the government failed to take timely measures to prevent the community outbreak of Covid-19.

Yu wrote: "Even now, I am still of the view that there is nothing wrong in bringing changes to the established order through voting in the legislature, perhaps the only wrong I have committed was that I love Hong Kong too much..."

However, Chan interrupted Shek, saying he saw "no remorse whatsoever" from Yu and dismissed her comments as "a political speech."

"This is not a mitigating letter, it's a political speech...do not say so in my court," Chan said.

Shek argued that when one expresses regret for something that has been done, people may question their motives or sincerity.But Chan dismissed him, saying: "Then don't mitigate! You don't have to mitigate. You see? That's fine."

Shek also asked the judges to sentence Yu to no more than three years imprisonment or a term towards the lower end of between three and 10 years, as she had never participated in any of the meetings or forums related to the primaries.

In the mitigation of another defendant, Jimmy Sham Tsz-kit, 37, who represented the Kowloon West constituency in the primaries, his counsel, barrister Douglas Kwok King-hin, called on the court to consider that Sham was the "key person who objected to the advocacy of voting against the budget indiscriminately" in the Kowloon West coordination meeting.

"Apart from that, complying with the non-violence principle and being negotiable with police in organizing public events are also characteristics that Sham believes," Kwok added.

The court is expected to take three days from July 30 to proceed with the mitigation pleas of eight defendants who represented the New Territories constituency in the primaries, including Eddie Chu Hoi-dick, 46, Sam Cheung Ho-sum, 30, Prince Wong Ji-yuet, 26, Ng Kin-wai, 38, Andrew Wan Siu-kin, 55, Kwok Ka-ki, 62, Carol Ng Man-yee, 53, and Roy Tam Hoi-pong, 44.

eunice.lam@singtaonewscorp.com