Tonyee Chow Hang-tung, a Hong Kong barrister in jail for more than a year for the crime of “inciting subversion of state power,” posted a letter titled “One Page Biography” on Jan. 24, her 38th birthday, sharing her views on mitigation letters, and the justice system.
Chow, explained that after entering into practice, she discovered how luxurious it is to fully understand the client. In the normal course of events, duty lawyers only have “five minutes, ten minutes, to ask an accused for instructions, it is only time to ask stereotype questions, gain stereotype statements, and write stereotype sentences.”
She believes that if the personal life of an accused person is summarised in just a few minutes, it will contain nothing more than background information, the size of the family, job, income, health, the client’s thinking on what happened, and to ask the court for leniency.
She said that for most defendants, no matter their level of regret and how miserable their lives are, all are useless. The only reliable reason for obtaining a reduction in their sentence is to confess their guilt.
In the past three years, thousands of Hong Kong people have been brought to court by the police for participating in the anti-extradition movement. Some of them have been imprisoned for months or even years without trial, and some even have to bear several charges.
To alleviate the suffering of their clients, many lawyers will persuade them to plead guilty and “show remorse” when they do so.
One-Page Mitigation Letter Is ‘So Efficient Yet So Hypocritical’
She questioned the validity of a person’s life contained within just one page of the mitigation letter, where the narrative of repentance could be included. “So efficient yet so hypocritical.” A barrister is just an accomplice in this “assembly line” operation model. She says she has summed up many times and even created other people’s lives in a few words.“Is the court really willing to listen to true life descriptions, real thoughts, or is it just obedience and cooperation it is after?”Chow recalled the advice from her lecturer in the law department. She was told the intercession should be taken seriously. ”Conviction or not is a narrow-scope legal offense and defense game between the prosecution and defense. Only through intercession do you allow the judge to know the client, which is the sacred responsibility for us lawyers .... but never be long-winded, the judge is very busy, so the mitigation letter should not exceed one page.”
Some inmates asked Chow to help write pleading letters for them, but she always had to adjust their expectations, telling them that “there is a good chance that nothing will be changed.” Yet the inmates still responded that they always hoped to change something. Chow asked, “Is it right or wrong to give them hope?”
Comments from Local Citizens
Nearly a hundred netizens left comments below the post to send good wishes to Chow, including former Legislative Council member Albert Chan Wai-yip, who believed that “History will acquit you! Take care and stay safe.” Senior media personnel Ching Cheong wrote, “Happy birthday to you, and thank you for your dedication to Hong Kong. Thank you for speaking out for the truth and bravely taking on undue hardships to defend it. Hong Kong people are proud of you because you have become a symbol of conscience for Hong Kong and mainland people.”Chow’s Personal Journey in Life
Tonyee Chow Hang-tung graduated from the prestigious Ying Wa Girls’ School and obtained “5As (5 subjects all in A grades)” in the Hong Kong Advanced Level Examination in 2003. She entered the Department of Natural Sciences at the University of Cambridge.In 2008, a major earthquake occurred in Wenchuan, China. Chow, then a doctoral student in geophysics at the University of Cambridge, hoped to conduct field research in mainland China but was not allowed because Cambridge University was an overseas scientific research organization. She began to feel that indulging in scientific research would not benefit people.
She gave up her doctoral studies and returned to Hong Kong to study law at the University of Hong Kong and qualified as a barrister in 2016.
Chow had attended the annual June 4th rally in Victoria Park, Hong Kong, with her family since she was a child. She had been organizing local June 4th commemorative activities in the UK while studying at Cambridge, a prelude to her participation in the social movement in Hong Kong.
Chow was elected as a member of the Committee of the HK Alliance in Support of Patriotic Democratic Movements of China (the Alliance) in 2014 and later served as its Vice Chairperson in 2015.
She was later charged with “inciting others to knowingly and illegally of participating in an unapproved assembly” and was sentenced to 15 months in prison in January 2022. She appealed against the conviction and sentence. Judge Mrs. Barnes of the High Court ruled in December 2022 that the appeal was allowed, and the conviction and sentence were revoked. The Department of Justice (DOJ) did not accept the verdict and applied to appeal to the Court of Final Appeal, which was approved on Jan 19 this year.
In September 2021, Chow was charged with “inciting subversion of state power” and has been remanded in custody to this day.
Friends Read Free