Priscilia Lam SC and Kasper Fan represented the Hong Kong Alliance in Support of Patriotic Democratic Movements of China (“HKA”) in Hong Kong’s first High Court trial involving Article 23 of the NSL
Priscilia Lam SC and Kasper Fan were instructed by the Official Receiver’s Office to represent HKA in 香港特別行政區訴香港市民支援愛國民主運動聯合會（D1），李卓人 （D2），鄒幸彤 （D4）HCCC 155/2022. This was the first time the High Court has tried defendants charged under Article 23 of NSL, namely by inciting others to commit subversion. After a 24-day trial, the Court held that D2 and D4 committed acts which sufficed to constitute inciting others to commit subversion. Pursuant to the doctrine of attribution, D1 was also convicted of the charge, and was fined HK$1,500,000.
In mitigation, the Court granted further sentencing discount to all defendants due to Ms. Lam SC’s submissions (namely that the conduct of the defence case had saved the Court’s time as well as public moneys, and the fact that the trial had to be adjourned multiple times necessarily caused psychological stress to all defendants).
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