The Court of Appeal will hear an appeal by the Department of Justice (DoJ) in November, as they challenge an earlier decision to clear Democratic Party Lo Kin-hei of an unlawful assembly charge linked to the 2019 protests and unrest.
According to the court diary, the case will be heard on November 20, with proceedings expected to last one day.
Following his acquittal by the District Court in November 2022, the DoJ launched a bid to appeal on December 5, 2022. Two days later, on December 7, Lo was re-arrested and brought to the High Court.
The High Court judge granted bail to Lo with a cash amount of HK$5,000, prohibiting him from leaving Hong Kong. He was made to surrender his travel documents, and was required to report to the police once a week.
Lo and another eight defendants were accused of taking part in an unlawful assembly near the Hong Kong Science Museum in Tsim Sha Tsui on November 18, 2019, when pro-democracy protesters had gathered in areas near the Hong Kong Polytechnic University (PolyU). Clashes broke out between protesters and riot police.
Another defendant in the same case faced charges of possessing an offensive weapon and items with an intent to destroy or damage property.
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. Demonstrators demanded an independent probe into police conduct, amnesty for those arrested and a halt to the characterisation of protests as “riots.”
‘Reasonable doubt’
Lo told the District Court in 2022 that he was only planning to observe what was happening at the scene. He also said he was “unaware” that the police had categorised protesters’ occupation of the PolyU campus as a riot and “did not know” that police had urged people to avoid heading to the blockaded area.
District Judge Ernest Lin said Lo’s knowledge of the PolyU incident was “too narrow to be believable” considering the defendant’s status as a politician, adding that he had “reservations” about Lo’s honesty.
However, the judge said Lo did not act to encourage or participate in the clashes. And according to video footage, Lo did not interact with other protesters and his clothing was different from typical protester attire.
“To bear the risk and stay at the scene for personal benefits, such as accumulating political capital, ‘witnessing the era,’ ‘monitoring and stopping abuse of power by the police,’ or to satisfy one’s curiosity – although morally suspicious – cannot be proven beyond reasonable doubt that a person had in fact participated in an unlawful assembly without other environmental evidence,” Lin concluded, as he cleared Lo.
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