She warned that if the starting point of the sentence was set too high, the court would have no choice but to mete out even heavier punishments for national security offences such as those involving violence.
Mr Justice Andrew Chan Hing-wai, one of three High Court judges overseeing the case, disagreed that the conspiracy was unlikely to succeed, saying that it was not a relevant consideration for sentencing.
Judge Alex Lee Wan-tang added that deterrence was an essential element in penalising national security offences.
They, together with 31 defendants who pleaded guilty before the trial, may face substantial jail terms under the Beijing-decreed security law, which requires a minimum sentence of 10 years for “grave” offences.
The activist also intended to quit politics for good after her release, the senior counsel added.
Counsel for Roy Tam Hoi-pong, a former district councillor and environmentalist, also indicated the defendant would not touch on political or environmental issues in the future.
David Ma Wai-kwan, Tam’s legal representative, revealed the ex-politician was studying housing management behind bars but faced substantial difficulties due to a tumour under his tongue and persistent skin infections.
But Lee said the threshold for showing “exceptional hardship” for an inmate was very high, with his colleague Chan noting that Tam’s skin problems did not appear “serious enough” to warrant further sentencing discounts.
Barrister Richard Yip Hoi-long also sought leniency for his client, former district councillor Ricky Or Yiu-lam, by highlighting his “extremely limited” role in the conspiracy and slight influence over the general public.
Yip described Or as “a very mild and conservative politician” and said his involvement was “unfortunate”.
The court will hear pleas of mitigation from the remaining nine convicted defendants, including journalist turned activist Gwyneth Ho Kwai-lam and four ex-lawmakers, when proceedings to resume next Monday.
