6 Hong Kong pro-democracy activists fined for unauthorised fundraising, as 4 plead not guilty
Hong Kong Free Press
Six members of the pro-democracy League of Social Democrats (LSD) have been fined up to HK$1,000 for raising funds and displaying banners without a permit, with one alleging the case was a “political prosecution.” Four others pleaded not guilty.
LSD chair Chan Po-ying was among the four who pleaded not guilty at the Eastern Magistrates’ Courts on Thursday. She faces three counts of collecting money in a public place without a permit and three counts of displaying bills or posters on government land without permission.
Dickson Chau, Yu Wai-pun, and Lee Ying-chi also denied the charges before Magistrate Frances Leung.
Ex-legislator “the Bull” Tsang Kin-shing, Lai Ka-lai, Lo Tak-wah, Chan Tsz-cheung, and Cheung Lok-chung pleaded guilty and were handed HK$800 fines. Christina Tang, who was convicted in an earlier case along with chairperson Chan, was fined HK$1,000 for Thursday’s case.
Final appeal
A total of 10 members of the LSD were accused of raising funds and displaying posters last year on April 2 and 30 and May 28 at the intersection of Great George Street and East Point Road in Causeway Bay and outside Wan Chai MTR station. The poster in question was a plain black banner.
According to case details read out in court, the LSD had displayed QR codes linking to the party’s donation link and its PayMe profile.
Chan, who is seeking to overturn her earlier conviction for raising funds without a permit at the city’s Court of Final Appeal, asked the court on Thursday to schedule her trial for a later date as she hoped to rely on the apex court’s decision in her defence.
The Court of Appeal in August upheld the separate conviction and HK$1,000 fine for displaying QR codes for the party’s Patreon page at street booths in Mong Kok on July 24 and August 14 in 2021.
Chan on Thursday said she intends to present arguments to the top court on how “collecting money” is defined, and whether online donations exist in a “public place.” The court scheduled a pre-trial hearing for January 9 next year.
‘Political prosecution’
Ex-legislator Tsang pleaded guilty, saying that he was “forced” to do so as he would be overseas visiting family when the case goes to trial.
He said the charges amounted to “political prosecution,” adding that there have been no large-scale rallies in the city since Chief Executive John Lee took office before magistrate Leung cut him short.
“I hope you don’t view me as a rubber stamp… nobody is forcing you to make this plea,” she said. “I don’t want to cut anyone off, but I hope you can respect this court. You can make explanations in mitigation, but if you insist on equivocating, then I cannot accept your plea.”
“Then I’ll plead not guilty,” Tsang said, prompting Leung to dismiss the activists to allow them to discuss how they would plead.
Tsang, back in the courtroom about 20 minutes later, pleaded guilty.
Yu was also mentioned in court for a separate case on Thursday, also over an unauthorised banner display in September 2022.
Representing himself, Yu said he was waiting for the High Court to release its judgement in the government’s unauthorised banners case against Falun Gong practitioner Pun Lin-fa, to which he planned to refer to in his defence.
The court also heard that Yu solicited a copy of the Food and Environmental Hygiene Department’s operational guidelines, which had been redacted by the prosecution on Public Interest Immunity (PII) grounds.
Yu asked the court to lift the PII restrictions, saying that he needed a full copy of the guidelines to form his defence. But counsel Mark Wei, acting for the prosecution, argued that the department guidelines were “irrelevant” to the case.
Magistrate Leung said the court would have to set aside more time for a preliminary enquiry to allow both sides to submit arguments on whether the guidelines should be disclosed.
Yu’s pre-trial review will also be heard on January 9 next year.
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