Subversion mastermind Tai sentenced to 10 years

Eunice Lam

All 45 convicted defendants in the 35+ subversion case have been sentenced to four to 10 years in prison by a panel of three national security judges at West Kowloon Magistrates' Court.

One of the four "principal offenders" and the mastermind behind the subversion plot, former University of Hong Kong law associate professor Benny Tai Yiu-ting, was sentenced to 10 years yesterday.

The 45 figures were involved in a 2020 "primary election" - which was aimed at securing at least 35 seats in the 70-seat Legislative Council - with 31 pleading guilty and 14 found guilty after trial.

National security judges Andrew Chan Hing-wai, Alex Lee Wan-tang and Johnny Chan Jong-herng earlier said the unofficial primary was a wider plot to "undermine, destroy or overthrow" the government.

They sentenced Tai to 10 years after adopting a one-third discount for his guilty plea.

"In short, [Tai] was not only the initiator of the scheme but also an organizer of the primary election," the judges said in an 82-page ruling.

"[Tai] might not be the one standing in the primary election or the actual [Legco] election, he however provided the necessary platform for those who intended to exercise the vetoing power under the scheme."

The 45 were classified into "principal offenders," "active participants" and "other participants" based on their roles and degrees of participation in the plan.

"Principal offenders" also included Andrew Chiu Ka-yin, Au Nok-hin and Ben Chung Kam-lun, who had been prosecution witnesses during the trial and were sentenced to seven years, six years and nine months, and six years and one month, respectively.

"Further deductions were also given to [Au, Chiu, and Chung] for their assistance to the prosecution by giving evidence at the trial, their 'ignorance of the law,' and their past contribution to public service," the judges said.

Those who pleaded guilty were sentenced to a minimum of 50 months, while those convicted received sentences ranging from 70 to 93 months.

Thirteen of the 14 convicted ran for the primary election. Among them, Owen Chow Ka-shing and Gwyneth Ho Kwai-lam received the longest sentences of seven years and nine months, and seven years, respectively.

The judges noted it had been an aggravating factor for Chow being an initiator of the online declaration "Resolute Resistance, Inked without Regret," to ask for signatories pledging to comply with Tai's plot.

"[It] might not add a great deal to the scheme, it certainly pointed to the fact that [Chow] was putting every effort in binding the participants to ensure its success," the judges said.

Ho, a former journalist, who did not mitigate, was jailed for seven years.

Activist Gordon Ng Ching-hang, who also pleaded not guilty, was sentenced to seven years and three months as he launched a campaign to call on voters not to place their ballots for candidates who refused to join the primary election, and continued to promote Tai's idea of "mutual destruction" despite the promulgation of the national security law in July 2020.

The judges accepted some defendants claiming "ignorance of the law" as mitigation but added it was not a valid defense for defendants who were legal professionals, including legal scholar Tai and ex-Civic Party leader and lawyer Alvin Yeung Ngok-kiu.

Tai's mitigation letter said his idea of "ten steps of mutual destruction" was not for political reasons, but the judges dismissed his claim, and said he continued to write relevant articles and had "advocated for a revolution."

But they noted that Yeung did not put forward "ignorance of the law" as mitigation, and gave him a one-third discount for his guilty plea, and another three-month deduction for his long-term public service as a former lawmaker.

He was sentenced to five years and one month.

The shortest sentences at four years and two months were given to former lawmakers Claudia Mo Man-ching, Jeremy Tam Man-ho, Kwok Ka-ki and Gary Fan Kwok-wai, as well as former district councillor Andy Chui Chi-kin.

The judges also ruled that the penalty categories in Article 22 of the national security law were not entirely applicable to this case, but could be used for reference, and that the case should not rely on previous sentences imposed by mainland courts.

The hearing ended as soon as the judges finished reading their ruling. Before being escorted back to the detention room, one of the defendants, activist Joshua Wong Chi-fung, who was sentenced to four years and eight months, yelled at the public gallery: "I love Hong Kong! Bye-bye!"

Among the defendants, barrister Lawrence Lau Wai-chung and former district councillor Lee Yue-shun were acquitted when the judges handed down judgment in May. The Department of Justice soon filed an appeal against Lau's acquittal.

eunice.lam@singtaonewscorp.com