Hong Kong’s top court has rejected a government bid to appeal against the acquittal of seven veteran democrats who were accused of organising an unauthorised assembly related to a large-scale rally during the 2019 pro-democracy protests and unrest.
The Court of Final Appeal on Friday dismissed the prosecution’s application to challenge the acquittal of media tycoon Jimmy Lai and veteran democrat Martin Lee, along with ex-lawmakers Lee Cheuk-yan, Margaret Ng, Leung Kwok-hung, Cyd Ho, and Albert Ho, over organising an unauthorised assembly on August 18, 2019.
On that day, organisers estimated that 1.7 million people attended a “water flow” assembly in Causeway Bay’s Victoria Park, as months-long protests against a controversial extradition bill continued. The seven activists were seen leading a march, which they said was a “dispersal plan,” and chanting protest slogans.
They 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.
2/ Hong Kong’s top court has rejected a government bid to appeal against the acquittal of seven veteran democrats who were accused of organising an unlawful assembly related to a large-scale rally during the 2019 pro-democracy protests and unrest. pic.twitter.com/SICXpCHwgk
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But the Court of Appeal in August last year quashed their organisation conviction, saying at the time that standing in the front rows of a march did not amount to organising it.
The appellate court, however, upheld the participation charge.
Barrister Priscilia Lam, for the prosecution, argued on Friday that the lower court’s decision to quash the seven’s conviction was based on an interpretation “too narrow” of what was meant by organising a public procession.
She said the seven were seen leading and directing the crowd during the demonstration, which was banned by the police.
Judge Johnson Lam, one of the three judges sitting on the bench, said that the seven might have assumed “some leadership,” but that was different from being the organiser of the demonstration.
The prosecutor contended that it should be a matter for the top court to clarify, otherwise it would create a “lacuna” in which people could lead an unauthorised assembly without legal consequences.
Lead judge Roberto Ribeiro refused to grant leave to appeal after hearing the prosecution’s submission.
The Court of Appeal in December gave a green light to the seven veteran democrats to appeal their convictions over an unauthorised assembly during the 2019 protests and unrest at the top court.
A judgment said that there might be “a question of great and general importance” as to whether the prosecution process had infringed the fundamental freedoms of speech and assembly, protected in the city’s mini-constitution the Basic Law.
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