Jail terms for Hong Kong democrats over banned 2019 China National Day demo

Hong Kong protest coalition leader Figo Chan and ex-lawmakers Lee Cheuk-yan, Albert Ho and “Long Hair” Leung Kwok-hung have been handed two 18-month jail terms over a banned protest on China National Day in 2019. The sentences are to be served concurrently.

The four received 18 months for inciting people to participate in an unauthorised assembly and 18 months for organising an unlawful assembly.

In delivering her verdict, District Court judge Amanda Woodcock said the case called for a “deterrent and punitive” sentence as this was “necessary in maintaining public order.” She said while the Hong Kong Bill of Rights and the Basic Law guarantees the right of assembly, such a freedom was “not absolute.”

National Day in 2019 saw widespread protests and unrest during months-long demonstrations against an ill-fated China extradition law. Police fired live rounds and deployed tear gas, whilst protesters threw petrol bombs and set fire to barricades.

Top democrats jailed

Also sentenced over organising the protest were ex-Democratic Party chair Yeung Sum and ex-lawmaker Cyd Ho, who received 14 months jail. Ex-lawmaker Sin Chung-kai was handed 14 months jail with two years suspended owing to his “passive role” in organising the demonstration.

Media tycoon Jimmy Lai was handed 14 months jail for his organising role. Activist Avery Ng and Richard Tsoi of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China were both given 14 months in prison for organising the protest and nine months for taking part. Tsoi’s sentence was suspended for two years, whilst Ng will serve 14 months and 14 days in jail owing to an active suspended sentence.

The 10 democracy figures pleaded guilty last week to organising the protest, where thousands of demonstrators took to the streets in defiance of a police ban. Chan, Lee, Leung and Albert Ho also accepted responsibility for inciting others to take part in the demonstration, while Ng and Tsoi admitted they knowingly took part in the unauthorised assembly.

Woodcock said that, while the four defendants found guilty of the incitement charge had called for a peaceful procession, it was not realistic considering the “volatile situation” during the 2019 unrest.

“[B]ut how naïve and unrealistic was that considering what was happening on a daily basis was the opposite… This is not with hindsight. The risk was very real at that time,” she said.

Lee, Leung, Cyd Ho and Lai are already serving jail terms for unlawful protests in August 2019.

Outside court, Chan Po-ying, the wife of activist Leung Kwok-hung, told reporters that the punishment was “too heavy.”

She said the jail term would create a “chilling effect” and said she would seek legal advice on whether or not to file an appeal.

Tiananmen anniversary

Before the sentencing, family and supporters of the democrats stood up and waved at the defendants and told them to “add oil.” Chan of the Civil Human Rights Front and Leung urged people to commemorate the 1989 Tiananmen Massacre. The police have objected to the annual candlelight vigil for the second year in a row, citing Covid-19 concerns.

“Commemorate June 4!,” Chan yelled, referring to the bloody crackdown on a student-led movement in Beijing in 1989.

Leung also chanted: “Never forget June 4!”

Appeals

Around two hours after receiving their suspended jail terms, veteran democrats Sin Chung-kai and Richard Tsoi walked out of the Wan Chai Law Courts Building.

Tsoi told reporters that he thought the sentences were “extremely high,” and the legal teams of some of the defendants are considering filing an appeal, but the process may take a couple of months as other protest cases are involved.

“We observed that, especially in recent cases, the sentencing principles diverted a lot from the cases we heard years before,” Tsoi said.

Sin said the recent verdicts and sentencing in protest cases involving high-profile democrats will become landmark cases and set a precedent for the forthcoming years.

“People must be aware of the consequences… the court has already changed,” he said.

Asked if he will take part in commemorating the Tiananmen Massacre this year, Tsoi said he will only respond to the Hong Kong Alliance’s way forward after the group meets with the appeal panel on Saturday morning.

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