Hong Kong pro-democracy camp, 47 people are accused of “conspiring to subvert state power” under the National Security Law. Among them, 31 defendants have pleaded guilty, and 14 have been convicted after trial. The court on Tuesday began hearing the pleas of the first 5 convicted defendants: Benny Tai, Nathan Law, Joshua Wong, Tanya Chan, and Lester Shum.
Representing Benny Tai, senior counsel Douglas Wong argued that the court should start with a 3-year sentence and consider mitigating factors before sentencing him to 2 years in prison. The prosecution argued this morning that the case should consider the minimum penalties for “subverting state power” under the National Security Law. According to Article 22 of the National Security Law, those considered “prime movers or those committing serious offenses” under the crime of subversion of state power face life imprisonment or imprisonment of at least 10 years; “active participants” face imprisonment of 3 to 10 years; and “other participants” face imprisonment, detention, or surveillance of 3 years or less.
Deputy Prosecutor Andrew Wan argued that the level of punishment should be determined based on the specific circumstances of each defendant. Judge Wilson Chan requested the prosecution to provide the classification of each defendant, to which Wan responded that it would put the prosecution in a difficult position. Judge Chan questioned why the prosecution could differentiate the mastermind in other criminal cases but not in this one, suggesting that if the court ruled Benny Tai as the lowest level of involvement, the prosecution would appeal. After repeated questioning by the judge, Wan only stated that leaders should be considered “prime movers.”
Wan also mentioned that mitigating factors to consider should include Article 33(3) of the National Security Law, which refers to “disclosing another person’s criminal activities, verifying the facts, or providing important clues that lead to solving other cases.” He argued that this provision could be divided into “disclosure” or “providing important clues,” believing that the first part, “disclosure,” should apply in this case, and agreed that Nathan Law and Joshua Wong both fit the definition of “disclosure.”
Senior counsel Douglas Wong, representing Benny Tai, argued that the starting point for Tai’s sentence should be 3 years, taking into account his guilty plea, resulting in a final sentence of 2 years. Wong suggested that the 2-year sentence recommendation may be a “bold proposal,” but he believed it was supported by legal principles. He noted that Tai’s role in the primary election was as a legal scholar and not a conspirator or mastermind involved in violent acts. Wong emphasized that this case pertains to conspiracy under the Criminal Act, not specific offenses under the National Security Law, so sentencing principles should be based on Hong Kong laws.
The plea hearing for Benny Tai will continue tomorrow.