D. Private Medical Practice and Transition into Politics

Patrick’s broader commitment to service gradually led him to activities outside of the medical field. In 1993, he was invited to join the Chinese People’s Political Consultative Conference (the “CPPCC”), an advisory legislative body in China in which he served until 2012. In 1995, Patrick became Vice Chairman of the Hong Kong Policy Research Institute (the “PRI”), a think tank that developed domestic policy for Hong Kong in anticipation of its handover from the United Kingdom to China, which took place in 1997. In partnership with the U.S.-based Heritage Foundation, the PRI developed an index to measure economic freedom in Hong Kong.

Between 1996 and 2002, Patrick was appointed to a series of governmental positions in Hong Kong. In 1996, he joined the Preparatory Committee for the Hong Kong Special Administrative Region (the “HKSAR”), the official body established to oversee Hong Kong’s transition to Chinese sovereignty. After the handover in 1997, C.H. Tung, the HKSAR’s first Chief Executive, appointed Patrick to Hong Kong’s Urban Council, which was responsible for municipal services in Hong Kong until it was disbanded in 1999. In 1999, Patrick was appointed a Justice of the Peace, a position that he held until 2017. As a Justice of the Peace, Patrick was responsible for conducting inspections of prisons, detention and correctional centers, psychiatric hospitals, nursing homes, and hostels to ensure that the human rights of inmates and inhabitants were protected and that their complaints were adequately addressed.

In 2000, Patrick became the Chairman of the Hong Kong Arts Development Council (the “ADC”)—Hong Kong’s analogue to the U.S. National Endowment for the Arts. In this position, Patrick helped craft Hong Kong’s art and cultural policies and oversaw grant allocations to visual, literary, and performing artists. In carrying out his work with the ADC, Patrick stood out as “a good man that has a true heart.” Ex. 93, Elias Kwan Kee Yip Letter.

Until 2002, Patrick’s public service and government work, while significant, was part-time. He was still first and foremost a practicing ophthalmologist, engaged in both patient care and medical charity work. This changed in 2002, when Chief Executive Tung was reelected, and he asked Patrick to join his cabinet as Hong Kong’s Secretary for Home Affairs. After consultation with his family, Patrick accepted, much to the surprise of many of his medical colleagues. At the time, Patrick was at the peak of his profession, and his move required him to take an 80 percent pay cut. But as Patrick later explained to one of his colleagues, “a single pair of hands especially in private practice could not impact the world the way he had always aspired to.” Ex. 34, Dr. Gordon Kwok-On Chau Letter. Thus, Patrick gave up his successful medical practice, and accepted the call to serve in a different arena. For five years, he oversaw the local affairs of Hong Kong, managing a department of more than 10,000 civil servants. His mandate included public education, district management, housing management, district elections, sports, parks, culture, the arts, youth, religious affairs, racial affairs, and human rights.

During his tenure as Secretary for Home Affairs, Patrick organized events held in Hong Kong as part of the 2008 Beijing Summer Olympics, and helped manage Hong Kong’s response to the Severe Acute Respiratory Syndrome (“SARS”) epidemic in 2003. He mediated the aftermath of a tragic building collapse, Ex. 96, Chung Pui-Lam Letter, and he led efforts to convert an old factory into a creative arts center that today accommodates over a hundred artists and regularly holds public events, Ex. 88, Tsang Tak Sing Letter. Patrick worked hard to promote religious activities and religious diversity in Hong Kong, see Ex. 102, Rev. Kim-Kwong Chan Letter; Ex. 109, The Most Rev. Dr. Paul Kwong Letter; Ex. 111, Lee Yiu Fai et al. Letter, and introduced legislation to protect racial and ethnic minorities from discrimination, see Ex. 81, Hon. Ip Kwok Him Letter. The hallmark of Patrick’s tenure was “his sincere concern for the betterment of the community” and his devotion to the “well-being of the Hong Kong people.” Ex. 88, Tsang Tak Sing Letter; Ex. 109, The Most Rev. Dr. Paul Kwong Letter. That politicians, archbishops, and ordinary citizens have written on Patrick’s behalf is a testament to the success of his work and his popularity as a government official. See, e.g., Ex. 88, Tsang Tak Sing Letter; Ex. 109, The Most Rev. Dr. Paul Kwong Letter; Ex. 147, Lawrence Wong Letter.

In the midst of his many professional endeavors, Patrick also found time during his years in Hong Kong to share his passion for music. He played violin with multiple orchestras, including the Hong Kong Medical Association Orchestra and the Orchestra of Hong Kong Professionals, both of which he founded. For two years, Patrick hosted a classical music appreciation radio program in Hong Kong called “Nocturne.” In addition, from 1998 to 2000, Patrick served as Chairman of the Hong Kong Philharmonic Society, the organization responsible for the oversight and management of the Hong Kong Philharmonic Orchestra.

E. Post-Government Activities

Patrick’s term as Secretary for Home Affairs ended in 2007. The same year, the HKSAR awarded him the Gold Bauhinia Star—its second highest honor—in recognition of his service. While Patrick’s formal role in government ended that year, his service continued in other forms.

In 2008, one of the deadliest earthquakes in history struck Sichuan province in China, killing nearly 90,000 people. Patrick raised money and organized summer camps for orphaned children and helped rebuild schools in the affected areas. Patrick’s friend, Lisa Lau, writes: I can remember when [Patrick] came to me for help [with] the Szechuan Earthquake (Wenchuan) in 2008[.] [H]e was not requesting . . . money but looking for resources to help children in the ruin; Patrick under[stood] during that time of grief, the best assistance [was] to bring children back to their normal living . . . From this I understand Patrick think[s] beyond just money-help[;] [the] school environment [was] a practical remedy for these children during [a] time of hardship.

Ex. 98, Lisa Man Man Lau Letter. According to Ms. Lau, Patrick’s work after the earthquake was a reflection of his unfailing “read[iness] to give and mobilize others to join hands and create better living for the deprived.” Id. 

Patrick did not only perform public acts of service. He also engaged in private acts of kindness that were never publicized. For example, Patrick’s driver, Tam Jin Hung, recalls an “unforgettable incident” from October 2017, shortly before Patrick’s arrest: [A]fter reading a story about an elderly couple in the . . . Hong Kong Oriental Daily News, [Patrick] instructed me to pass on HKD 10,000 [about $1300] to the elderly couple in the story to help them buy useful daily necessities. [Patrick] also said that it would not be necessary to tell the elderly couple who was helping them. Ex. 123, Tam Jin Hung Letter. The couple had been struggling to get by, and wrote a touching note of thanks to Mr. Tam. See id. They never knew of Patrick’s involvement.

In 2008 or 2009, Patrick met Ye Jianming, the Chairman of CEFC China Energy Company Limited (the “CEFC Company”), who sought Patrick’s help in creating a think tank devoted to international public diplomacy and energy security. Patrick was initially uncertain about his role in such a venture, given his background in medicine and domestic policy, but Mr. Ye had a broad and compelling vision for the think tank that encompassed the impact of energy development on society and communities around the world, and he eventually convinced Patrick to join the project. Patrick saw this as an opportunity to make a positive contribution on an international scale and in a different arena, leveraging the skills and connections he had developed during his time in the Hong Kong government. Thus, in 2009, Patrick began working with the CEFC Company to set up the think tank, which was launched in 2010 under the name China Energy Fund Committee (the “CEFC Think Tank”). 

To be sure, Patrick’s involvement in the CEFC Think Tank gave rise to the conduct underlying this case. But that conduct should not overshadow the genuine and well-intentioned good that resulted from Patrick’s work with the organization. Under Patrick’s leadership, the CEFC Think Tank published periodicals, hosted conferences and symposia, and engaged in various philanthropic activities. The periodicals included the CEFC China Energy Journal, a monthly English-language publication for an international audience concerning the Chinese energy sector, and China Eye, a biannual publication focused on Chinese geopolitics. In addition, the CEFC Think Tank published annual reports on energy in China and monographs on China’s Belt and Road Initiative. Twice a year, the CEFC Think Tank held symposia on Sino-U.S. relations with participants from China and the United States at a venue that alternated between Hong Kong and the United States. Beginning in 2013, the CEFC Think Tank also held annual symposia at the United Nations (“UN”) devoted to issues raised at the most recent annual political convention in China.

In addition, the CEFC Think Tank, in consultation with the UN Department of Economic and Social Affairs (“UN-DESA”), established and funded the “Powering the Future We Want” grant—an annual $1 million award for a promising sustainable energy project (the “Energy Grant”). The CEFC Think Tank donated approximately $2 million to the UN every year to fund the prize and its administration. Finalists for the grant were chosen by a panel of energy leaders from around the world, and the winner was confirmed by a committee that included Patrick and various high-ranking UN officials. All of the finalists participated in capacity-building workshops, seminars, and practitioner-to-practitioner training opportunities to disseminate and share knowledge. In 2015, the Energy Grant was awarded to We Care Solar, a non-profit organization based in Berkeley, California, that supplies portable “Solar Suitcases” to provide light for medical procedures during childbirth in areas of Africa without electricity. In 2016, it was awarded to SINTEF, a Norwegian non-profit research institute initiating a pilot project to demonstrate the feasibility and benefits of solar-fueled electric ferries to reduce road transport and fossil fuel emissions. And in 2017, it was awarded to Grameen Shakti and ME SOLshare, two companies working in partnership to provide a platform for villagers to construct their own solar power grids, bringing electricity to rural, off-grid areas of Bangladesh.

Patrick considered his work with the CEFC Think Tank to be another phase of his lifelong effort to improve the lives of others. John Hofmeister, the former President of Shell Oil Company, who worked closely with Patrick during Patrick’s time at the CEFC Think Tank, was struck by Patrick’s “dedication and commitment . . . to the impact on the world, developed and developing, of the future of energy and sustainable development.” Ex. 120, John D. Hofmeister Letter. According to Mr. Hofmeister: Everything I knew and witnessed of [Patrick’s] role modeled my expectations of a Foundation leader who was leveraging every means available to reach, engage and influence stakeholders wherever possible . . . I saw his organization as similar to what I experienced among the major integrated international oil companies such as the Shell Foundation, Shell Oil’s own foundation, the ExxonMobil Foundation, the BP Foundation, and others that provide a philanthropic activist outreach for the larger organizations that fund them. Id. Similarly, Dr. Gal Luft, the co-director of a U.S. think tank, recalls Patrick’s “dedicat[ion] . . . to the eradication of energy poverty through awareness raising and the promotion of the Belt and Road Initiative.” Ex. 122, Dr. Gal Luft Letter. Even as Patrick sought to serve in a more visible and prominent way, his character was unchanging. He remained the same beloved figure to associates and colleagues that he had been to his students and fellow doctors years before: “soft spoken, thoughtful, respectful, kind, compassionate, generous and jolly.” Id.

F. Patrick’s Family

Patrick is a devoted husband, father, son, and brother with a close-knit family in Hong Kong. He and his wife, Sabrina,2 have been married for more than twenty years. In her letter to the Court, she describes Patrick as “kind and generous”—her “soulmate.” Ex. 1, Sabrina Hui Chung Hu Letter. Chan Yee Wah, one of Patrick and Sabrina’s old friends, recalls a touching story from early in their relationship: The tradition of the Chinese New Year is to come home for family reunion dinner . . . . After a year of hard work, the family opens a new chapter at this moment. At that time, Hong Kong was a connecting hub for air transports across Asia. You can imagine how full the flights were during the Chinese New Year holiday. [Patrick] and [Sabrina] were then in a dating relationship. Because of the nature of her job, [Sabrina] did not know whether she would be spending the holiday in Taiwan, Shanghai, Beijing, or Hong Kong. It was not until the day before the holiday that it was confirmed that she would have to stay in Shanghai over the holiday. Unbeknownst to anyone, [Patrick] unexpectedly showed up in Shanghai the next day. Completely surprised, we asked him how he was able to get a flight ticket to Shanghai in such a short time! He told us, “An opportunity is for those who are prepared in advance. I had booked tickets long before from Hong Kong to Taipei, Beijing, and Shanghai. Family reunion is a must during the Chinese New Year holiday.” [Sabrina] was touched by his sincerity, earnestness, and thoughtfulness, which also left a deep impression on me then.

Ex. 8, Chan Yee Wah Letter. In the years that Sabrina and Patrick have been together, Patrick has demonstrated time and again “his natural passion for helping others.” Ex. 1, Sabrina Hui Chung Hu Letter. Patrick’s absence during the last 16 months has driven Sabrina to despair, and she has considered ending her life. Id. Sadly, Sabrina’s mother passed away during Patrick’s incarceration. To his everlasting regret, Patrick could not support his wife in person during this difficult time.

Sabrina and Patrick’s daughter, Audrey, is 18 years old. She describes Patrick as her “best friend,” “a great role model,” and “a dedicated family member.” Ex. 2, Audrey Ho Ka Chun Letter. As Audrey explains in her letter, Patrick’s love for her is unconditional: Whenever I am in a difficulty my father helps me out with love and affection . . . I remembered one time when I was still in my junior years of secondary school, I was revising through my science textbook as there was a mid term test the next day[.] [A]s science was my weakest subject after all, I was stressed out and starting crying uncontrollably[.] [T]hen my dad hugged me and told me that he loved me no matter who I am and no matter how my marks are. I was so touched by his words and determined to succeed. His words ha[ve] greatly influenced me to be who [I am] and now I’m proud of who I am and I’m very grateful for that.

Id. Before his arrest, Patrick was “always . . . one call away” whenever Audrey needed him, and he would “always tell [Audrey] that [her] best qualities are [her] kindness and [her] generosity,” qualities that Audrey believes she got from Patrick himself. Id. Audrey has felt Patrick’s absence during the last 16 months keenly: Whenever I was down, he would always run his fingers through my hair and would tell me that it’s gonna be okay and now, I would want to say the same thing to him[:] “Dad, it’s gonna be okay, we love you very much.” Id. As Audrey writes in her letter, Patrick “is a great father and a great person. I need him so much and he is really important to me.” Id.

Patrick’s younger brother, Joseph, considers Patrick a mentor. Ex. 4, Joseph Ho Letter. In their early years, Patrick helped instill a lifelong love of music in his brother and guided him through difficult educational and career decisions. See id. Later in life, Patrick and Joseph have both devoted themselves to caring for their aging parents, and Patrick arranged a treatment plan for Joseph’s wife, Betty, when she was diagnosed with lymphoma 15 years ago. Id. In Joseph’s words, “as a brother [and] sibling, Patrick is always there when I need[ ] him.” Id.

Patrick’s absence has also been a great hardship to his 92-year-old mother, Chan Ha. She and Patrick have a deep bond, and their separation has caused her great anxiety, given her advanced age. Ex. 3, Ho Cheung Chan Ha Letter. She prays that she can enjoy Patrick’s company in her final years. Id.

G. Time at the MCC

The 16 months that Patrick has spent at the MCC have been the most difficult of his life. After his arrest and detention, it would have been all too easy—and entirely understandable—for Patrick to retreat into a shell. But Patrick chose a different path. His service to the MCC community during this period has been—in a single word—extraordinary. Patrick has tutored inmates in preparation for their General Educational Development (“GED”) examinations; he has taught classes on a variety of topics, ranging from geography to personal finance; he has played the violin during a GED graduation ceremony and at the MCC’s holiday concerts; and he has volunteered through the MCC’s Inmate Companion program to spend countless hours watching over inmates who are deemed to be suicidal. See Ex. 137, Inmate Companion Materials; Ex. 138, Music Materials; Ex. 139, Tutoring / Education Department Materials. In short, he has taken every opportunity to share his time and talents with the MCC community.

Patrick’s efforts to help others at the MCC have extended beyond these more visible contributions. The letters submitted by his fellow inmates are a powerful testament to Patrick’s character, and they detail the many ways that Patrick has helped those around him—often far from the spotlight. One inmate, Irfan Amanat, tells a revealing story: And if I had any doubt about his humility or patience, a small, but telling, and personally embarrassing incident dispelled it. Another day I was in [Patrick’s] cell getting advice on how to manage and cope with the conditions in prison. He urged me to remain calm and in balance, despite anything that could happen. And of course, as it happened, at that moment I accidentally dropped my only pair of glasses into the toilet. I was horrified and disgusted, and panicked as I could not live without my glasses, as [Patrick] realized. So even before I could react, without any hesitation, [Patrick] calmly scooped my glasses out of the toilet, washed them thoroughly and returned them to me. He did not for a moment break the conversation to even allow any embarrassment of mine to show, and he did not allow himself to be distracted or disturbed by events we couldn’t control. It was, in that small moment, one of the best lessons and examples of balance and humility he could have done for me. And he has never mentioned it again. Ex. 129, Irfan Amanat Letter. Patrick—a renowned doctor, a former cabinet-level official in Hong Kong, and an internationally recognized figure—has demonstrated profound humility and courage during his time at the MCC.

Patrick has drawn on experiences from every chapter of his life to help those around him. He has individually counseled inmates on life skills. See Ex. 132, Christian Perez Letter. He has drawn from his medical training to help with medical issues, in one case materially improving the quality of another inmate’s life. See Ex. 130, Carlos Bermudez Letter. And he has drawn from his educational background to teach others.

Patrick has poured himself into his GED tutoring, and he has helped to equip his students for post-release employment. Thanks to Patrick’s tutoring, Francisco Ramos, a fellow inmate, recently received his GED, which he believes he “could not have done” without Patrick. See Ex. 134, Francisco Ramos Letter. Stalin Contreras, who had previously “struggled” with his GED studies, also recently passed numerous GED examinations with Patrick’s assistance. Ex. 131, Stalin Contreras Letter. According to Mr. Contreras, “[Patrick] went above and beyond any other teacher” he had previously had, and he gave Mr. Contreras the “focused and dedicated classes” that Mr. Contreras needed to succeed. Id.

Patrick has worked with several other students as well, including Christian Perez and Carlos Bermudez. See Ex. 132, Christian Perez Letter; Ex. 130, Carlos Bermudez Letter. As Mr. Perez has explained, Patrick’s tutoring “prepar[ed] [him] for what the world is going to bring [him] when [he] get[s] out of prison.” Ex. 132, Christian Perez Letter. Mr. Bermudez similarly found Patrick to be “a very good teacher” who “always has devoted his time and effort [to] helping [him].” Ex. 130, Carlos Bermudez Letter.

Jonathan Weeks, whom Your Honor sentenced in September, was Patrick’s first student. Over a period of several months, Patrick tutored Mr. Weeks four times a week for approximately two hours each day. See Def. Sentencing Mem. at 18, United States v. Weeks, No. 16 Cr. 167 (LAP) (S.D.N.Y. Sept. 14, 2018), ECF No. 268. Remarkably, Mr. Weeks earned his GED, despite having only completed the second grade and possessing only limited literacy skills when he began his study. Id. at 19. His success was thanks in large part to Patrick’s tutoring. But the lessons Patrick imparted were not merely academic ones. As Mr. Perez writes in his letter: “I [k]new [Mr. Weeks] before and after his run in with [Patrick] and man I could tell the difference.” Ex. 132, Christian Perez Letter. Mr. Weeks, who welcomed the opportunity to submit a letter from FCI Fairton, describes Patrick’s influence in poignant terms: [Patrick] stated to me, “Mr. Weeks, you are very different from a lot in this environment . . . [you are] very bright, and have a wonderful heart.” I literally cried when he expressed that to me, because here’s a man who[se] IQ is off the radar, telling me I’m bright, when most of my life I struggled. I wished I had a father like him, or someone I met sooner before my life went down-hill! Besides our circumstances, I’m grateful I’ve met [Patrick]. 

Ex. 135, Jonathan Weeks Letter (emphasis added).

Other inmates have also benefited from Patrick’s guidance. One inmate, Adam Raishani, writes—after praising Patrick for his teaching, participation in the Inmate Companion program, and musical performances—that “[d]espite all this I admire [Patrick] more for his gentle and positive aura that he gives off . . . He has changed hearts and mind[s] for the better. He is inspirational to me and has at times provided reassurance on life to me when I needed it.” Ex. 133, Adam Raishani Letter. These themes are echoed by numerous inmates, who describe Patrick as “humble, peaceful, and kind” and “a humble, easy-going, optimistic gentleman with a caring nature and gentle soul.” Ex. 131, Stalin Contreras Letter; Ex. 136, Pai Yang Letter. 

It is remarkable that Patrick has been able to bridge vast differences to impact his fellow inmates, many of whom come from drastically different cultural, socioeconomic, and educational backgrounds. The impact reflected in the eight letters submitted by Patrick’s fellow inmates is unprecedented. And the sentiments expressed in these letters make it clear that Patrick’s efforts could not have been the product of anything other than a genuine desire to help those around him.