The Hong Kong Court of Final Appeal dismissed on Monday appeals by former media tycoon Jimmy Lai Chee-ying and six former lawmakers who were seeking to overturn their convictions for participating in an unauthorized assembly during social unrest in 2019.
Apart from Lai, founder of the now-defunct tabloid Apple Daily, the other appellants were Lee Cheuk-yan, Margaret Ng Ngoi-yee, Leung Kwok-hung, Cyd Ho Sau-lan, Albert Ho Chun-yan and Martin Lee Chu-ming.
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In 2021, the seven were convicted of organizing and taking part in a large-scale assembly at Victoria Park on Aug 18, 2019, which had been banned by police on security grounds.
Lai, Lee Cheuk-yan, Leung and Cyd Ho were sentenced to jail terms of eight to 18 months.
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The other three were sentenced to two years’ probation.
The appellate court later quashed their conviction for organizing the assembly and reduced their sentences, but upheld their convictions for participating in an unauthorized assembly.
Lai’s sentence was reduced from 12 to nine months, Lee Cheuk-yan’s from 12 to six months, Leung’s from 18 to 12 months, and Cyd Ho’s from eight to five months.
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The appellants argued that they were exercising their right of peaceful assembly at the time. However, the Department of Justice said violent incidents often occurred during such gatherings in 2019, necessitating police assessment of the situation. The department added that the appellants had no valid justification, as they were aware that the assembly was unlawful but decided to participate.
The appellants cited two similar cases from the United Kingdom’s Supreme Court. The point of contention in this case was whether Hong Kong’s courts should fully or partially follow the judgments of the two cases, and whether the cases supported the arguments of each appellant.
Chief Justice Andrew Cheung Kui-nung and Justice Roberto Alexandre Vieira Ribeiro said in the judgment of the case that the regimens for addressing human rights challenges in the Hong Kong Special Administrative Region and the UK are different. The justices ruled that Hong Kong’s courts should not follow the judgments of the UK Supreme Court in related cases.
Lai is also facing three counts related to national security. He is charged with two counts of collusion with foreign forces and one count of conspiracy to print and distribute seditious publications.
The sedition charge and one of the collusion charges were also brought against three Apple Daily-related companies.
According to the National Security Law for Hong Kong, the collusion offense carries a maximum penalty of life imprisonment.
On July 25, the High Court ruled that Lai has a case to answer on all three charges. The trial, which started on Dec 18 last year, has been adjourned until Nov 20, with Lai to defend himself in court.
