Hong Kong activist convicted of getting complaint form out of prison without authorisation

By Jessie Pang and Marcus Lum

HONG KONG (Reuters) -A Hong Kong court on Monday convicted pro-democracy activist Owen Chow and his solicitor Phyllis Woo of getting a complaint form meant for the ombudsman out of prison without authorisation last year.

Chow, 27, and assistant solicitor Phyllis Woo, 30, were charged with "carrying an unauthorised article out of prison".

Both earlier pleaded not guilty to the charge and decided that they would not testify or summon any witnesses.

Chow is one of 14 convicted of conspiracy to commit subversion in a landmark national security case in May which drew international criticism. He faces up to life imprisonment.

He's serving a sentence of more than five years in prison after being convicted for occupying the city's legislature during the pro-democracy protests in 2019.

Principal Magistrate Ivy Chui said they both had the intention to smuggle the form out prison without authorisation, as they both knew that the complaint form was “an unauthorised item”.

"Taking away documents or correspondence from a third party without notifying the CSD or not undergoing security checks will undoubtedly destroy the security check system in prisons," Chui said.

Upon conviction, they face up to three years in prison and a fine of HK$2,000 ($256.19) each.

The "unauthorised article" was a complaint form which Chow gave to Woo during a legal visit at the Lai Chi Kok Reception Center on May 2 last year.

Chow's complaint to the ombudsman related to two Chinese Buddhism books that family members tried to get to him in prison but which were banned by the Correctional Services Department (CSD).

Four CSD officers testified as the prosecution witnesses.

During the closing submission, prosecutor Vincent Lee said all document exchanges during legal visits required inspection and signature confirmation by correctional officers, according to prison rules.

Chow's defence lawyer Jeffery Tam argued the rules allow inmates to write and send complaint forms to the ombudsman and do not specify lawyers must seek authorisation before they can leave prison with such items.

Chow continued to be remanded in custody while Woo was granted bail.

The case was adjourned to August 14 to allow the defendants to make a plea for a lighter sentence.

($1 = 7.8066 Hong Kong dollars)

(Reporting by Jessie Pang and Marcus Lum; Editing by Bernadette Baum and Christina Fincher)