In the case charging 47 pro-democracy figures with “conspiracy to subvert state power,” the final group of 9 candidates from New Territories East completed their pleas on Tuesday (3rd), bringing the total number of convicted defendants who have completed their pleas to 45 over a period of 12 days. Judge Andrew Chan Hing-wai noted that a sentencing date will be announced separately when the sentencing decision is made.

The last two to give their statements were Hendrick Lui Chi-hang and Mike Lam King-nam. Lui’s side claimed his role was merely supportive and not significant, considering it “other participation.” He also wrote his own plea letter, mentioning that his ambition since childhood was to be a social worker, a qualification he lost upon conviction, and that he comes from a broken home; during his bail, Lui cherished his time and freedom, spending more time helping those in need. Lui’s bail was revoked on the same day and he was remanded in custody pending sentencing.

Lam’s side, in his plea letter, reflected that he found himself influenced by foreign forces or media portrayals, indirectly becoming an agent of chaos against China in Hong Kong, sincerely admitting guilt and apologizing. Lam claimed to be among the least involved “other participants,” arguing that as a prosecution witness he should receive a 50% reduction in sentence and requested a report for a community service order. The three judges questioned the defense’s realism, ultimately granting only a 20% reduction. Lam was allowed to continue on bail.

Hendrick Lui Chi-hang’s bail was revoked. Before walking into the courtroom, Lui thanked everyone for their concern

Hendrick Lui Chi-hang, one of the 9 candidates from New Territories East, including Gwyneth Ho Kwai-lam, Ventus Lau Wing-hong, Owen Chow Ka-shing, Alvin Yeung, Raymond Chan Chi-chuen, Lam Cheuk-ting, and Gary Fan Kwok-wai, completed their statements on Monday; Lui and Mike Lam King-nam finished their pleas on Tuesday (details of the statements below).

Hendrick Lui, who was granted bail, arrived at the West Kowloon Court at about 9:39 AM and during an interview said, “Thank you everyone for your concern; take care of yourselves.” He also posted on Facebook in the morning, expressing, “Looking forward to reuniting on that distant day, take care,” and quoted a Bible verse.

Outside the court, a retired person who had attended several hearings remarked that the case prompted her to rethink what justice and mercy mean. Knowing today was the last day for pleas and having some free time, she came to “listen well, watch well, and observe well” (see another article for details).

Hendrick Lui Chi-hang’s Plea: Considered a “Minor Participant”

Hendrick Lui Chi-hang’s representative, barrister Kevin Chan, stated during the plea that Lui had indicated his intention to plead guilty as early as May 2022, and it was believed that this could qualify him for a one-third reduction in sentencing.

Chan claimed that Lui’s role was merely supportive and insignificant to the primaries, categorizing him as a “minor participant.” Chan acknowledged that Lui had made comments criticizing the government but emphasized that these were aimed at attracting voter support. Even if the court did not accept him as a “minor participant,” considering his secondary role, he would still be at the lowest level.

Chan further argued that Lui had no intention of overthrowing the government and that his offense was due to ignorance of the law. Additionally, he mentioned that achieving “35+” was either impossible or unlikely.

Lui’s Plea Letter: Conviction to Result in Loss of Social Worker License

Attorney Kevin Chan stated that Hendrick Lui wrote a 7-page plea letter summarizing his lifelong aspiration to be a social worker, a profession he will be disqualified from upon conviction. Lui comes from a broken home and faced hardship, but was later adopted and raised with care. After graduating from university, he worked as a social worker, dedicating his time fully to the community and is also a Christian.

Chan continued, saying that Lui now realizes that pressuring the government and demanding responses was naive and wrong, expresses sincere remorse, and promises not to reoffend. He noted that Lui had been granted bail in the early stages, cherished his freedom and time, reinvigorated himself, and spent more time helping those in need, which is commendable.

Chan described Lui as deeply community-service oriented, portraying him as a good person and urged the court to consider a compassionate sentence to allow him an early return to society. Chan mentioned that while the National Security Law emphasizes deterrent punishment, what is needed now is a “healing sentence,” suggesting that all defendants are psychologically affected and need time to recover from trauma.

At the end of the hearing, Chan applied for Lui’s bail to be revoked, and he was remanded pending sentencing.

Mike Lam’s Defense: A Minor Participant

Mike Lam King-nam’s defense argued that he qualifies as a “minor participant” under Article 22’s third-tier penalties of the National Security Law. His attorney, Alex Fan, highlighted “four no’s” in Mike’s involvement: no organization of the primaries, no attendance at coordination meetings, no signing of the “No Regrets” pledge, and no participation in press conferences about the primaries. Fan emphasized that Mike joined the primaries only after the registration deadline had passed.

Fan: Prosecution witness should receive a 50% sentence reduction—Judges question

Alex Fan cited Article 33 of the National Security Law, which pertains to mitigation, reduction, or exemption of penalties, asserting that Mike Lam King-nam’s two “no prejudice statements” taken were consistent with his court testimony and helped the prosecution by identifying co-conspirators in the case. However, Judge Alex Lee Wan-tang interjected, noting that the statements focused solely on Lam’s own actions, such as how he joined the primaries, without mentioning others.

Fan mentioned that many were involved in the primaries, including voters. When Lee asked whom he was referring to, Fan named Simon Shen. Lee questioned this, noting that Shen was not a co-conspirator in the case and Lam’s claims of attending Shen’s meetings were not part of the “35+” plan. Fan also mentioned Au Nok-hin and Andrew Chiu, which caused laughter from Alvin Yeung and Owen Chow in the courtroom.

Judge Johnny Chan Jong-herng also asked if Fan meant that Au and Chiu pled guilty because of Lam’s statements. Fan clarified that this was not his implication but suggested that the statements demonstrated how the conspiracy expanded.

Alex Lee further inquired how the statements implicated others, to which Fan replied that Lam provided intelligence on Shen’s involvement. Upon further questioning, Lee emphasized that Shen was neither charged as a co-conspirator nor arrested, rendering Lam’s statements effectively irrelevant.

Later, Judge Andrew Chan Hing-wai commented on the request for a 50% reduction in sentence due to the guilty plea, noting that such a reduction was significant. Lee reiterated that since Shen was not a co-conspirator, the defense’s request for a substantial reduction based on Lam’s statements was unreasonable. This prompted laughter from Gwyneth Ho Kwai-lam and Owen Chow.

Fan suggests community service order. Judges say unrealistic 

Fan suggested requesting a report for a community service order, stating it’s at the direction of Lam and hoped for the lightest possible sentence within legal constraints.

Judge Alex Lee commented it’s somewhat unrealistic and not an appropriate use of public resources, mentioning a high threshold to persuade the court. Judge Andrew Chan adds that in a current burglary case where the defendant received a community service order, the prosecution appealed the sentence, and requesting too light a sentence could harm Lam (disservice of your client).

Despite this, Fan still hopes the court will request a community service order report. Chan firmly denies this request (that is refused). Judge Andrew Chan Hing-wai also notes the severity of this case far exceeds the criteria for a community service order. During the dispute, Lam briefly bowed down, his face not visible to the public. Chan later notes that since Lam pleaded guilty on the first day of the trial, he could only receive a 20% reduction in sentence.

Lam’s Plea Letter: Participation in Primaries Was Naive and Foolish

In court, Fan also read excerpts from a letter of mitigation personally written by Lam, which stated that participating in the primary elections was “very naive and foolish,” and that he had been “caught in the schemes of other countries, groups, and individuals with ulterior motives.” After deep reflection, Lam felt he bore significant responsibility for the social divisions since 2019, as he was “a leader of the yellow economic circle.” He also realized that many Hong Kongers, including himself, had been “painted by foreign forces or media online, indirectly becoming part of the anti-China and chaotic Hong Kong elements.” He mentioned that after hearing President Xi Jinping’s July 1 speech, he proactively contacted the National Security Office to confess, believing that “confession is the sincerest form of acknowledging one’s mistakes.”

Fan noted that Lam had made efforts during the pre-sentencing period, enrolling in courses to understand national security and learning how to participate as a citizen in safeguarding national security. During the COVID-19 pandemic, Lam’s business ‘Apothai’ provided medical supplies to Hong Kongers and overseas citizens to combat the outbreak.

Fan also mentioned that after the public learned that Lam would testify, there was significant pressure on his business ‘Apothai’ and his family. He presented news reports showing that some people had gathered and vandalized his shop, with some being arrested. Consequently, he arranged for his family to leave Hong Kong and stay in Thailand for safety. Fan also mentioned that Lam’s wife had written a letter of mitigation but did not read it out. When reporters asked Lam questions outside the court, his eyes briefly reddened.

Plea Hearings Divided into Six Batches Over 12 Days

The 45 convicted defendants were divided into six batches for their plea hearings. The first batch of five alleged organizers began on June 25. Due to “unforeseen circumstances,” the court postponed handling the pleas of defendants from New Territories West and New Territories East until mid-July. Ultimately, the plea statements for all six batches spanned 12 days and took over two months to complete.