On Wednesday, a Hong Kong court sentenced Owen Chow, a pro-democracy activist, to three days in jail and fined Phyllis Woo, his attorney for taking out a document from prison without permission.
Among the people facing up to life imprisonment in connection with a national security trial that drew international criticism in May, he is one of 14 charged with conspiracy to subvert but remains unsentenced as this case is still at the mitigation stage.
After pleading not guilty, they were convicted of the documents charge without permission in July. While Woo was directed to pay HK$1,800 ($231) as fine, Chow’s sentence will be added to the other prison terms he has been found liable for.
The conviction and sentence would be appealed against by his defense attorney, Jeffrey Tam.
Chow is currently serving over five years in prison after being convicted of occupying the city’s legislature during 2019 mass pro-democracy demonstrations.
According to him, on May 2 last year when visiting Lai Chi Kok Reception Center he handed over to Woo an “illegitimate” complaint form that initiated ongoing litigation over illegal materials taken into custody from a prisoner.
He had submitted a complaint letter regarding two books about Chinese Buddhism given by his family members while he was in detention and which were banned by Correctional Services Department (CSD), Hong Kong Ombudsman Chow said.
Principal Magistrate Ivy Chui believed that if the complaint form had followed the right procedure through security check then it would have smoothly moved from the jail facility straight to administration watch-dog office through ombudsman said she assumed.”
“It seems like foolhardy” bypassing any check on safety principle,” according to her Honour Ms Chui. The magistrate took into account before imposing a fine on her short experience as solicitor and lack of criminal record so far.
During trial, prosecution showed closed-circuit television footage of this visit where it was claimed Chow surreptitiously delivered complaint to Woo after a prison officer left the room.
Chow’s mitigation letter said, “This case is just the tip of the iceberg where correctional staff obstruct the exercise of the rights of prisoners.”
“For ridiculous reasons”, he added, several books that he had asked for had been banned by CSD over last three years.
His cell was often raided; it happened 7 times, Chow recalls. The last time he was punished for having an unfinished Portuguese egg tart which he had not requested permission to eat but which was included in breakfast.
He also mentioned that while solo sports and showers were advised to him as a prisoner in isolation, other inmates nearby were resettled yet farther away from his premises.
“If society wishes …to be progressive it must begin by taking responsibility and engaging with voices from those who are most vulnerable.”
