Jimmy Lai’s Case: Sentence Reductions for Accomplice witnesses

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

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The National Security Department of the Police Force launched an enforcement operation on October 6. Officers arrested a man and a woman in Kwun Tong District and Tsim Sha Tsui District respectively, both aged 38.

The arrested persons are suspected of violating Section 24 of the Safeguarding National Security Ordinance, namely the offence of "doing an act with a seditious intention." Sources indicate that the arrested man is Wong Ka-ho, a former member of the localist group "North District Dynamic." The other arrested person is his girlfriend.

It is understood that during the black violence period, someone set up a social media page named "YellowInsurance," covering platforms such as Facebook and Instagram. While promoting insurance business, the page repeatedly published posts supporting the black violence and expressing solidarity with "brothers and sisters."

It also spread messages smearing the Central Authorities and the SAR Government, promoting "Hong Kong independence," and attempting to incite public hatred toward the Central Authorities and the SAR Government.

After the implementation of the Hong Kong National Security Law, this page shifted to continuously inciting through "soft resistance" tactics. It used hashtags or so-called "acrostic poems" and other obscure "edge ball" forms to disseminate anti-China and pro-riot messages and incite "Hong Kong independence." It also promoted the black violence song "Glory to Hong Kong," various yellow shops, and participation in the "yellow economic circle" mobile application "Punish Mee," in an attempt to imperceptibly poison the general public.

Using hashtags or so-called "acrostic poems" and other obscure forms to disseminate messages. (Online image)

The page involved claimed that it could arrange various types of insurance for customers, yet did not disclose the identity of the person in charge or the relevant licence status. An insider's analysis pointed out that this operating method lacked transparency.

The page imitated the operating model of the "yellow economic circle" and hinted in its posts that it was run by anti-government "yellow people," thereby using the political halo to attract yellow-camp consumers to take out insurance through its platform and earn insurance commissions for profit.

Sources say the two arrested individuals are suspected of managing these pages. Wong Ka-ho claimed to work as a financial adviser at a local investment company and holds an insurance intermediary licence. The arrested girlfriend does not work in the insurance industry and does not hold an insurance intermediary licence, and is suspected of having been instigated by Wong Ka-ho to help manage social media.

Under the Insurance Ordinance, selling insurance without a licence or taking part in related regulated activities is a criminal offence. That includes making applications or providing advice on insurance contracts.

Founded in 2015, "North District Dynamic" repeatedly launched and joined protests against parallel traders. Wong Ka-ho was active in those activities and ran in the District Council election that same year for "North District Dynamic", but the pro-democracy camp at the time accused him of "splitting the vote".

In November 2016, Wong and several former members of Demosisto and the League of Social Democrats joined a march against the NPC's interpretation of the Basic Law. He was later arrested for surrounding the Liaison Office of the Central People's Government building and throwing hard objects at police.

In March 2020, Wong Ka-ho and Lui Chi-hang, one of those convicted in the "35+ subversion case", went to MTR Fanling Station to disrupt a signature street booth organized by citizens in "support of Article 23 legislation". The move triggered a pushing and shoving incident involving more than 20 people from both sides.

Reports at the time said Wong and his associates livestreamed the process online during the incident and afterwards shared photos of their own injuries online to court sympathy, and were accused of premeditation.

The "yellow economic circle" broadly refers to the economic activities of so-called "mutual support among brothers and sisters" initiated by some anti-China, destabilizing elements after the 2019 black violence. A senior figure pointed out that in essence it is about amassing wealth by inciting hatred and social confrontation, which both endangers national security and damages Hong Kong's economy and prosperity and stability.

After the Hong Kong National Security Law took effect, the forces concerned still hide in the community, poisoning the public through "soft resistance" to seek private gain, planting major hidden dangers for Hong Kong's long-term stability and prosperous development.

According to records, many people who took part in anti-government activities during the 2019 black violence hoped to profit through the "yellow economic circle".

For example, Chu Kong-wai is suspected of promoting MPF schemes without an MPF intermediary licence. He marketed MPF consolidation schemes on social platforms and through other channels as a "financial adviser", calling on "brothers and sisters" to let his team manage their MPF accounts and claiming they could obtain ideal returns. He was criticized for disregarding clients' potential financial losses.

Chu was attached to Manulife senior branch manager Lee Chun-wah. Before entering the insurance industry, Lee had been a male PE teacher at a secondary school, during which time he associated with a 14-year-old underage girl and once sat on the back of a half-naked girl to take photos, involving indecency toward an underage girl.

He was later revealed to possess nearly a hundred pornographic photos and videos of another girl at the school. He was ultimately convicted on two counts of committing indecent acts against a child under 16 and possession of child pornography.

Secretary for Security Tang Ping-keung mentioned in a radio program a few days ago that Hong Kong currently still faces four major national security risks. They include smearing by external forces, local terrorist activities, those who have absconded overseas continuing to advocate "Hong Kong independence", and hidden "soft resistance". He said bluntly that the most evil thing is "soft resistance", because it may not be very obvious.

The expert points out that this case proves the national security risks from "soft resistance" still exist. The acts in the case are suspected of violating "doing an act with a seditious intention," a serious offence that carries a maximum penalty of 7 years' imprisonment on first conviction.

The expert believes the police will continue to ensure that laws are observed and strictly enforced and that lawbreakers are prosecuted. The force will effectively prevent, stop and punish any acts and activities endangering national security in accordance with the law.