• 11/29/2024

Hong Kong’s top court to hear appeal from 7 veteran democrats over 2019 protest conviction

Hong Kong Free Press

Top court to hear appeal from 7 veteran democrats over 2019 protest conviction

Seven veteran democrats have been allowed to appeal their convictions over a protest in 2019 at the city’s top court.

Judiciary Court of Final Appeal law legal system
The Court of Final Appeal in Hong Kong. Photo: Kyle Lam/HKFP.

Veteran democrat Martin Lee and media tycoon Jimmy Lai, along with ex-lawmakers Lee Cheuk-yan, Margaret Ng, Leung Kwok-hung, Cyd Ho, and Albert Ho, will have their challenge heard at the Court of Final Appeal on June 24.

The top court, meanwhile, denied the Department of Justice’s application to overturn the democrats’ acquittal over organising the same assembly on August 18, 2019, ruling that the fact that the defendants had marched and held a banner at the head of the procession did not mean that they had organised it. The court had already said two weeks ago that it would dismiss the application.

According to the apex court’s judgement on Tuesday, the prosecution’s case was “not reasonably arguable.”

At the time of the demonstration, Hong Kong was seeing large-scale protests sparked by a controversial extradition bill that would have allowed the transfer of fugitives to mainland China. The unrest ballooned into city-wide demonstrations against the Hong Kong and Beijing governments, and the police’s alleged use of brutality to disperse protesters.

Fundamental rights

The top court will hear arguments on whether it should follow a 2021 UK Supreme Court decision that saw protesters acquitted after the judge took into consideration the police’s disproportionate interference of their rights.

Veteran democrat Martin Lee outside the Court of Final Appeal on February 23, 2024.
Veteran democrat Martin Lee outside the Court of Final Appeal on February 23, 2024. Photo: James Lee/HKFP.

In their veteran democrats’ submissions, several defendants asked the court to take into account their fundamental rights of freedom of expression and freedom of assembly.

See also: 7 veteran Hong Kong democrats launch bid to appeal unauthorised assembly convictions linked to 2019 protest

Justice Roberto Ribeiro, one of the judges overseeing the case, said some of the defence’s arguments “raises issues of great and general importance which would benefit from consideration from the Court.”

Arguments refuted

The court refused, however, to consider the defence’s contention last month that the maximum sentence of five years for participating in a “peaceful” and “nonviolent” unauthorised assembly constituted a “chilling effect.”

august 18 may james china extradition best of
A protest on August 18, 2019. Photo: May James/HKFP.

“That argument cannot be accepted,” the court’s judgement read. “The statutory maximum gives the court a discretion as to possible sentences ranging from non-custodial measures to the five-year maximum (only on a trial on indictment).”

Senior Counsel Priscilia Lam, a private lawyer representing the Department of Justice, argued at last month’s hearing that the maximum penalty was reserved for the worst case scenario where “peaceful demonstration can turn into violent protest.”

The Court of Appeal last August ruled that the “water flow” assembly, whereby attendees would dynamically weave in and out of Victoria Park, was a “ruse” to circumvent the assembly’s lack of police approval.

Margaret Ng leaves Hong Kong's High Court surrounded by reporters on August 14, 2023. Photo: Kyle Lam/HKFP.
Margaret Ng leaves Hong Kong’s High Court surrounded by reporters on August 14, 2023. Photo: Kyle Lam/HKFP.

The top court agreed with that decision, saying that the defendants’ view that they had merely involved themselves in helping to disperse the crowd safety at the end of the assembly at Victoria Park was not reasonably arguable.

Illegal assembly

The democrats were found guilty of both organising and knowingly participating in an unauthorised assembly after a trial in April 2021. They were given jail terms of up to 18 months while Martin Lee, Albert Ho, and Margaret Ng received suspended sentences.

Former pro-democracy lawmaker Albert Ho brought away by national security police from his home on March 21, 2023.
Former pro-democracy lawmaker Albert Ho brought away by national security police from his home on March 21, 2023. Photo: Lea Mok/HKFP.

But the Court of Appeal in August last year quashed their convictions over the organisation charge, ruling that standing in the front rows of a march did not amount to organising it. The appellate court upheld the participation charge, whilst the city’s top court – on Friday – upheld the acquittal over organising the demonstration.

Protests erupted in June 2019 over a since-axed extradition bill. They escalated into sometimes violent displays of dissent against police behaviour, amid calls for democracy and anger over Beijing’s encroachment.

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https://hongkongfp.com/2024/03/06/hong-kongs-top-court-to-hear-appeal-from-7-veteran-democrats-over-2019-protest-conviction/