appConfigEntityId

bodyType

customContents

entityId

entityUuid

isVideo

articlePageQuery

article

articleSchemaContent

content

hooksArticlePageAdvertisementConfigArticle

hooksArticlePageFloatingButtonConfigArticle

appConfig

filter

json

liveArticle

Brian Wong

Jess Ma

Edith Lin

Legal scholar Benny Tai Yiu-ting should be sentenced to two years in jail for devising an unofficial Hong Kong legislative “primary” election in 2020, his lawyer has argued, rejecting the prosecution’s call for at least 10 years for those convicted of subversion for organising the poll.
But the three High Court judges overseeing the case expressed doubts on Tuesday over what the defence counsel said was the “rather limited” role Tai played in a scheme to bring down the government.
One judge also highlighted the illegality – under the Basic Law, the city’s mini-constitution – of an indiscriminate vote against the budget. The move could have paralysed the government and created a constitutional crisis.
West Kowloon Court heard the submissions ahead of the sentencing of 45 opposition figures earlier convicted of conspiracy to subvert state power.
Stewart Wong Kai-ming SC, representing Tai, said the court should take three years as the starting point for his client’s sentence and reduce it to two years after considering mitigating circumstances, including his timely guilty plea.
“Some may say that a suggestion of two years [in jail] is a bit ambitious or even audacious, but we do not make such submissions lightly,” Wong said.
“Taking into account all applicable legal principles, the specific facts of this case and the personal circumstances of [Tai], we do say such a sentence is a correct one.”
He said it was “strictly not a national security law case” as it concerned a conspiracy offence introduced in 1996, rather than the substantive offence of subversion under the legislation implemented by Beijing in 2020.
Beijing has imposed a three-tier system in classifying offenders found guilty of subversion.
Principal offenders or those committing crimes of a “grave nature” can face life imprisonment or be jailed for at least 10 years.
Those deemed to have “actively” participated in the offence can be sentenced to between three and 10 years.
Other participants can face a maximum of three years in jail, short-term detention or restrictions on movement.
Wong urged the court to sentence former law professor Tai under the lowest tier.
Mr Justice Alex Lee Wan-tang called the proposal “a bit bold”.
Wong said his client “did not blindly and knowingly pursue an unlawful course or agreement”, adding Tai had committed the offence under a “genuine, honest but mistaken belief” his scheme was allowed under the Basic Law.
But Mr Justice Johnny Chan Jong-herng said indiscriminately vetoing the government budget was a breach of the mini-constitution, regardless of whether the security law was in place.
Justice Andrew Chan Hing-wai also rejected the defence’s assertion over Tai’s limited involvement. He highlighted the continuing nature of Tai’s transgression and the impact of his public remarks that the scheme was lawful under the security legislation.
Deputy Director of Public Prosecutions Jonathan Man agreed, rejecting the defence contention that those running in the primary, rather than the organisers, played a more prominent role in the plan to topple the government.
“It is quite unacceptable to say that an organiser of a crime is not a principal offender,” he said. “I can say that any submission like that defies common sense.”
Prompted by the judges to state his position on Tai’s culpability, Man said: “A leader should be a principal offender.”
But he agreed the defendants who testified for the prosecution in the 118-day trial deserved additional sentence reductions for “reporting the offence committed by other persons”, one of three criteria for a “lighter” or “reduced” penalty under the security law.

The five defendants in court included Tai and three other organisers of the primary.
Seven other defendants – Gwyneth Ho Kwai-lam, Tiffany Yuen Ka-wai, Winnie Yu Wai-ming, Carol Ng Man-yee, Owen Chow Ka-shing, Ventus Lau Wing-hong and Roy Tam Hoi-pong – attended the hearing in an adjacent room.
Tai maintained a calm expression and at times gazed over at the public gallery. He smiled and waved as he left.
Former lawmaker turned prosecution witness Au Nok-hin also frequently looked over at the public and grinned, as if acknowledging a particular person.
Fellow prosecution witness Andrew Chiu Ka-yin gestured towards those watching the proceedings, while Ben Chung Kam-lun, the third prosecution witness at Tuesday’s hearing, wore a mask.
The fifth accused, Gordon Ng Ching-hang, remained pensive in the dock.
Prosecutors initially regarded Ng as an organiser of the poll, but abandoned that position after the court made no such findings.
The second day of the critical mitigation proceedings continues on Wednesday.
Louis Doucet, the French consulate’s press and communications chief, represented the European Union at the hearing. Peter Ku, a political and economic consul from the Australian consulate, was also present, as well as junior officer Gabriela Hulaj from the Swiss consulate and a representative from the British consulate.
More than 70 members of the public lined up outside the building in the morning to secure a seat. Former lawmaker and activist Shiu Ka-chun was among them.

“If we were there when they got arrested, there’s no reason for us not to be here for them during mitigation. I’ll go see and listen to them if possible, and I hope to let them see us and that they know that many people in different positions do care about them,” Shiu said.
Nearly 40 police officers were at the main entrance with more than 10 vehicles parked outside.
Barrister Lawrence Lau Wai-chung, who was earlier acquitted in the case, was seen outside the court shortly before 9am. He told the Post that he was there to handle a case at the Small Claims Tribunal.
Cartoonist Zunzi, barristers Gladys Li Che-hei and Margaret Ng Ngoi-yee, as well as former legislator Emily Lau Wai-hing, were also spotted entering the court.
The court convicted 14 of 16 accused who pleaded not guilty to the offence, and 31 others ­admitted the charge before the trial began early last year.
The judges, hand-picked by the chief executive to hear national security proceedings, will hear pleas for lesser sentences from the remaining 40 defendants in groups according to their polling districts over the next two months.


Hong Kong rejects EU report’s claims on freedoms as ‘unfounded and biased’

Stand News editor had no intention of harming national security, court hears

John Lee appoints Kelvin Kong head of police’s National Security Department

AI poses new national security threat, outgoing Hong Kong deputy police chief warns

Hong Kong national security law (NSL)

Hong Kong 47: Benny Tai’s lawyers ask for 2-year jail term, rejecting call for 10 years

Police on guard outside West Kowloon Court. Photo: Yik Yeung-man

Members of the public wait to enter the court building. Photo: Yik Yeung-man

Barristers Margaret Ng (left) and Gladys Li arrive at the court in the morning. Photo: Yik Yeung-man

China’s top spy agency calls Hong Kong 47 court case ‘pivotal test’ of rule of law

Fourteen opposition figures were convicted of subversion  under the Beijing-imposed national security law after they held an unofficial ‘primary’ election for opposition parties in 2020. Photo: Dickson Lee

Police outside Hong Kong’s High Court ahead of its verdict on 16 opposition politicians and activists accused of breaching the Beijing-imposed national security law last month. Photo: Sam Tsang

Prosecutors to appeal 1 of 2 acquittals in trial of Hong Kong 47

Prosecutors will appeal the court’s decision to acquit Lawrence Lau. Photo: Elson Li

Former defendant Lee Yue-shun. Photo: Sam Tsang

Hong Kong 47: city condemns Western nations for ‘unfounded smears’ over guilty verdict in subversion case

Acquitted defendant Lee Yue-shun leaves West Kowloon Court after judges handed down a verdict on Thursday. Photo: Sam Tsang

Anne-Marie Trevelyan, the United Kingdom’s minister for the Indo-Pacific, has called for city authorities to release all individuals charged under the Beijing-imposed national security law. Photo: Getty Images

News

Hong Kong

Law and Crime

Politics

Judges doubtful over defence claim that Tai played ‘rather limited’ role in plan to bring down government through unofficial Legco ‘primary’


Judges doubtful over defence claim that Tai played ‘rather limited’ role in plan to bring down government through unofficial Legco ‘primary’.


Hong Kong 47: Benny Tai’s lawyers ask for 2-year jail term, rejecting call for 10 years

.css-1mniedq{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;}Judges doubtful over defence claim that Tai played ‘rather limited’ role in plan to bring down government through unofficial Legco ‘primary’

Judges doubtful over defence claim that Tai played ‘rather limited’ role in plan to bring down government through unofficial Legco ‘primary’