Two men, who were among 12 Hongkongers caught by the Chinese coast guard in 2020 while attempting to escape to Taiwan, have walked free after winning an appeal against their sentences.
Liu Tsz-man and Cheng Tsz Ho, both 21, appeared at High Court on Tuesday. They were both seen with smiles on their faces after receiving the court’s judgement, according to The Witness.
Liu and Cheng were among 12 Hongkongers who were arrested by the Chinese coastguard on August 23, 2020 while fleeing to Taiwan by speedboat. Most were facing criminal charges in the city linked to the 2019 protests and unrest.
After being detained in mainland China, Liu was transferred to Hong Kong authorities in December 2020 and Cheng in March 2021. After their return, both pleaded guilty to perverting the course of justice linked to their attempted escape and an offence linked to possessing glass bottles, inflammable liquids and chemicals at the height of the protests.
The two men were sentenced to 10 months in prison for perverting the course of justice on July 15, 2022. The following day, Cheng received a 28-month jail term and Liu was sentenced to 27 months for possessing items with the intent to destroy or damage property.
District Court Judge Douglas Yau ruled at the time that part of the sentences for the two cases would be served concurrently, making a total of 31-months imprisonment for both Cheng and Liu.
However, the judge was later informed by the Correctional Services Department that the two defendants had already been detained for 10 months before sentencing, thus effectively serving the term for their first offence and rendering them unable to serve both sentences concurrently.
In late 2022, Liu and Cheng were granted bail after the two applied to appeal against their sentence.
On Tuesday, three Court of Appeal judges dismissed the original sentence and ruled that the two defendants have finished serving their sentence and should be released immediately.
‘Second life’
Cheng’s barrister Margaret Ng told the court that Cheng had begun working in air conditioning installation and was actively pursuing further studies, Ming Pao reported.
Wong Kam-kuen, who was representing Liu, said that Liu was studying for a diploma of applied education and had received a conditional offer from Hong Kong Baptist University to join an associate degree programme. Wong said Liu was hoping to fully reintegrate into society and to face “his second life. “
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