Hong Kong journalist-turned-activist Gwyneth Ho, who received one of the longest jail terms in the city’s largest national security case, has sought to challenge her conviction and sentence.
Ho was jailed for seven years last Tuesday, when judges handed down the sentences for 45 convicted democrats. The case revolved around a primary election in July 2020 that aimed to help the democrats seize a majority in the upcoming Legislative Council elections. They were accused of planning to use legislative powers to indiscriminately veto bills, whilst forcing the chief executive’s resignation and a government shutdown.
On Friday, information from the High Court indicated that Ho was challenging her conviction and sentence, The Witness reported.
There were 47 people charged in the national security case. Sixteen of them pleaded not guilty and sat through a 118-day trial, with 14 being found guilty in May. The Department of Justice is appealing against the acquittal of Lawrence Lau, who judges had cleared of his charge.
The 34-year-old is the fifth known defendant from the case to appeal their conviction and sentence. Activist Owen Chow, ex-lawmaker Helena Wong, ex-district councillor Clarisse Yeung and former union leader Winnie Yu are also lodging legal challenges, local media outlets reported on Wednesday.
A former journalist at the now-defunct Stand News and BBC Chinese, Ho took part in the primaries and received the most votes in the New Territories East constituency that she ran in.
Ahead of the sentencing, when the defendants’ legal representatives gave mitigation pleas to argue for a lighter penalty, Ho’s lawyer Trevor Beel told the court he had no mitigation statements to deliver.
Her seven-year sentence was the fourth longest among the defendants, after ex-University of Hong Kong law professor Benny Tai and activists Chow and Gordon Ng.
Tai, who the judges deemed the “mastermind” of the scheme, was sentenced to 10 years, while activists Chow and Ng were handed seven years and nine months, and seven years and three months, respectively.
When Ho was convicted in May, the judges wrote that she was among the participants with the “most radical political view.” The judges also commented on Ho’s conduct when she testified in court, saying that she had raised objections when things were not done “in accordance to her understanding or instruction.”
‘Severity’ of offences
Like many of the other democrats who were also denied bail after being charged in 2021, Ho had been detained for almost four years by the time she received her sentences. The threshold for bail is higher for national security cases, in which judges have to be convinced that the defendant does not pose a threat to national security before releasing them on bail.
Last Tuesday, Chief Executive John Lee said the sentences showed that the court “confirmed that the offence of the defendants was extremely serious and they should be severely punished.” The convicts had aimed to create instability and a constitutional crisis in the city, he added.
Secretary for Security Chris Tang said the Hong Kong government would consider whether to appeal for longer sentences for some of those jailed.
The landmark sentencing drew criticism from foreign governments and organisations. The US, which “strongly condemned” the prison terms, said it was “taking steps” to impose new visa restrictions on multiple Hong Kong officials responsible for implementation of the national security law.
Beijing inserted national security legislation directly into Hong Kong’s mini-constitution in June 2020 following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts – broadly defined to include disruption to transport and other infrastructure.
The move gave police sweeping new powers and led to hundreds of arrests amid new legal precedents, while dozens of civil society groups disappeared. The authorities say it restored stability and peace to the city, rejecting criticism from trade partners, the UN and NGOs.
