The sentencing of the Jimmy Lai case took place today (Feb 9). Among the defendants, the accomplice witnesses Cheung Kim Hung, Chan Pui-man, Yeung Ching-kee , Wayland Chan, and Li Yu-hin received sentence reductions ranging from 7 years and 9 months to 8 years and 9 months, resulting in final sentences of 6 years and 9 months to 7 years and 3 months. In contrast, Law Wai Kwong, Lam Man-chung, and Fung Wai-kwong only received the customary one-third reduction for pleading guilty and were sentenced to 10 years in prison.
The sentencing starting point for this group, who were convicted of colluding with foreign forces under the National Security Law, was 15 years. Looking first at the reasons for sentence reductions for the five former Apple Daily executives who testified in court, the court considered all five to be honest witnesses. Their testimonies played a crucial role in convicting Jimmy Lai and the corporate defendants. The court accepted that Article 33(3) of the National Security Law applied to each of them, allowing for leniency or reduced punishment and sentences lower than the starting point. (Article 33 of the National Security Law clearly stipulates three circumstances for sentence reduction: voluntary abandonment of the crime, voluntary surrender, and providing important clues for solving the case or exposing the crimes of others.)
Among them, Wayland Chan received a larger reduction. The court believed that without his testimony, the prosecution would have been unable to obtain crucial evidence regarding the Taiwan meeting and lacked sufficient evidence to link Jimmy Lai with figures such as "Lamchaoba (Fin Lau)." The judge also noted that Wayland Chan was born and educated in the UK and might have concerns about his safety upon returning there, especially since some co-conspirators remain at large. Based on all mitigating factors, he received a total reduction of 8 years and 9 months.
Furthermore, former Next Media CEO Cheung Kim Hung informed the court that he made a one-time donation of approximately HK$5 million to the Apple Daily Charity Foundation in 2020. Subsequently, he regularly and voluntarily participated in assisting the foundation and other charitable organizations, making additional donations totaling around HK$1.8 to 1.9 million. The court viewed these actions as demonstrating his positive good character. Based on his timely guilty plea, assistance to the prosecution, and positive good character, he received a total sentence reduction of 8 years and 3 months.
As for Deputy Publisher Chan Pui-man, who served as a director of the Apple Daily Charity Foundation and continued to assist with its affairs while working at Apple Daily, the court also recognized this as demonstrating her positive character. However, it noted that her contributions to charitable organizations were not as significant or sustained as Cheung’s. Considering her timely guilty plea, assistance in prosecution, and positive good character, she received a total reduction of 8 years.
Regarding Li Yu-hin, the court pointed out that he fully cooperated with law enforcement agencies after returning to Hong Kong from the mainland on March 22, 2021, even earlier than Wayland Chan’s initial offer to assist the prosecution. Li testified for 15 days in total. As an insider, he provided detailed and crucial evidence regarding the operations and activities of the "Resistance" and the "International Parliamentary Alliance." The court stated that based on his timely guilty plea and assistance to the prosecution, he received a sentence reduction of 7 years and 9 months. The court specifically noted that when determining the reduction, it had taken into account Li’s detention period in the mainland, but after careful consideration, it tended not to grant any further reduction on that basis.
The sentencing remarks also disclosed the family circumstances of editor-in-chief Yeung Ching-kee. After his arrest in June 2021, his wife suffered a sudden cerebral hemorrhage in August 2022, resulting in permanent disability. Yeung's son, at the start of his career, was forced to resign and become his mother's full-time caregiver as the only remaining family member. The court stated that based purely on humanitarian considerations and following past precedents, an additional 3-month reduction was granted for Yeung’s family hardship, meaning Yeung received a total reduction of 7 years and 9 months.
As for Law Wai Kwong, Lam Man Chung, and Fung Wai Kwong, the court pointed out that they did not testify or assist the prosecution. They could only receive the customary one-third basic sentence reduction for a timely guilty plea. Therefore, each of their sentences was reduced from 15 years to 10 years, which is already the minimum penalty stipulated by law.
The judgment also mentioned that although Law voluntarily served as a director of the "Apple Daily Charity Fund," since this does not fall within the scope of Article 33, no additional discount could be given for this mitigating factor.
Observers noted that Cheung Kim Hung and the other four pleaded guilty and testified for the prosecution, while Fung Wai Kwong and the others only pleaded guilty without serving as accomplice witnesses. The difference is significant. In fact, the disparity in sentences is not merely reflected in the numbers in the judgment.
According to the amendments made by the Safeguarding National Security Ordinance to the Release of Prisoners on License Ordinance and its regulations, if a prisoner is serving a sentence for being convicted of an offense endangering national security, the Commissioner of Correctional Services shall not refer the prisoner's case to the Release of Prisoners on License Board for consideration unless the Commissioner is satisfied that the early release of the prisoner will not be prejudicial to national security.
The Safeguarding National Security Ordinance also amended the Prison Rules, stipulating that if a prisoner is serving a sentence for being convicted of an offense endangering national security, the prisoner shall not be granted remission of sentence under those rules unless the Commissioner of Correctional Services is satisfied that granting remission to the prisoner will not be prejudicial to national security.
In other words, after the Safeguarding National Security Ordinance took effect, it will be very difficult for Law Wai Kwong, Lam Man Chung, and Fung Wai Kwong to obtain early release. They are highly likely to serve the full 10-year sentence.
As for accomplice witnesses receiving further discretionary reductions after serving their sentences, there is precedent. In the “35+ Subversion Case,” Andrew Chiu Ka- Yin received a substantial sentence reduction for pleading guilty early, serving as an accomplice witness, and testifying against other defendants. Later, due to good behavior in prison and genuine remorse, after deducting statutory remission, he was released over two years early in October last year.
Following Andrew Chiu's precedent, if Cheung Kim Hung and others demonstrate good behavior and remorse in prison, they may be eligible for early release. In contrast, Law Wai Kwong, Lam Man Chung, and Fung Wai Kwong will find it very difficult to obtain early release. When everything is added up, they might end up serving around five more years in prison than the accomplice witnesses.
Ariel
** The blog article is the sole responsibility of the author and does not represent the position of our company. **
