• 11/26/2024

2 Hongkongers who tried to flee to Taiwan walk free after winning appeal against sentences

Hong Kong Free Press

12 hongkongers released

Two men, who were among 12 Hongkongers caught by the Chinese coast guard in 2020 while attempting to escape to Taiwan, have walked free after winning an appeal against their sentences.

Liu Tsz-man and Cheng Tsz Ho, both 21, appeared at High Court on Tuesday. They were both seen with smiles on their faces after receiving the court’s judgement, according to The Witness.

Cheng Tsz-ho walking out of the High Court after being granted bail on December 21, 2022.
Cheng Tsz-ho (right) walking out of the High Court after being granted bail on December 21, 2022. Photo: Kyle Lam/HKFP.

Liu and Cheng were among 12 Hongkongers who were arrested by the Chinese coastguard on August 23, 2020 while fleeing to Taiwan by speedboat. Most were facing criminal charges in the city linked to the 2019 protests and unrest.

After being detained in mainland China, Liu was transferred to Hong Kong authorities in December 2020 and Cheng in March 2021. After their return, both pleaded guilty to perverting the course of justice linked to their attempted escape and an offence linked to possessing glass bottles, inflammable liquids and chemical at the height of the protests.

flying service hong kong 12
Pro-democracy activists and politicians protest against the arrest of 12 Hongkongers in October, 2020. Photo: Joshua Wong, via Facebook.

The two men were sentenced to 10 months in prison for perverting the course of justice on July 15, 2022. The following day, Cheng received a 28-month jail term and Liu was sentenced to 27 months for possessing items with the intent to destroy or damage property.

District Court Judge Douglas Yau ruled at the time that part of sentences of the two cases would be served concurrently, making a total of 31-months imprisonment for both Cheng and Liu.

However, the judge was later informed by the Correctional Services Department that the two defendants had served already been detained for 10 months before sentencing, thus effectively serving the term for their first offence and rendering them unable to serve both sentences concurrently.

The District Court in Wan Chai. Photo: Kyle Lam/HKFP.
The District Court in Wan Chai. Photo: Kyle Lam/HKFP.

In late 2022, Liu and Cheng were granted bail after the two applied to appeal against their sentence.

On Tuesday, three Court of Appeal judges dismissed the original sentence and ruled that the two defendants have served all their sentence and should be released immediately.

‘Second life’

Cheng’s barrister Margaret Ng told the court that Cheng had begun working in air conditioning installation and was actively pursuing further studies, Ming Pao reported.

Wong Kam Kuen, who was representing Liu Tsz-man, said that Liu was studying for a diploma of applied education and had received a conditional offer from Hong Kong Baptist University to join an associate degree programme. Wong said Liu was hoping to fully reintegrate into society and to face “his second life. “

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https://hongkongfp.com/2024/03/19/2-hongkongers-who-tried-to-flee-to-taiwan-walk-free-after-winning-appeal-against-sentences/