A court in Hong Kong has convicted seven leading democrats for organising an unauthorised protest march. Among those convicted are former lawmakers Martin Lee, Margaret Ng, and Leung Kwok-hung, as well as media tycoon Jimmy Lai Chee Ying. The seven were accused of organising a march through central Hong Kong on 18 August 2020, which was attended by an estimated 1.7 million people. Their conviction is the latest setback for the city’s embattled democracy movement.

HKSAR v. LAI CHEE YING & OTHERS

On 18 August 2019, around 1.7 million people marched through central Hong Kong to protest an extradition bill. The march followed a rally in Victoria Park, organised by Civil Human Rights Front (CHRF). Police had approved the static rally but banned any marching. However, towards the end of the rally, the defendants led protesters out of Victoria Park and along the route previously rejected by police.

The defendants were later charged with: (1) organising an unauthorised assembly; and (2) taking part in an unauthorised assembly, contrary to section 17A of the Public Order Ordinance. The defendants argued that their actions were needed to disperse the crowd, because police did not implement a crowd management plan; this was left to the CHRF. Therefore, the defendants had implied authority to disperse the crowd in the way that they did.

Judge AJ Woodcock rejected the defendants’ arguments and concluded that the defendants intended to circumvent the police prohibition under the guise of crowd dispersal:

[N]ews footage shows what can only be described as a public procession with thousands following as the head of the procession chanted slogans…There was no assistance given to the crowd as to how to leave safely.

During the trial, the defendants also sought to challenge the constitutionality of the Public Order Ordinance. They argued that criminalising an unauthorised march is a “disproportionate restriction” on the right to freedom of assembly. However, Judge Woodcock dismissed the defendants’ challenge. She felt bound by the decision of the court in Leung Kwok Hung & Others v. HKSAR. In that case, the Court of Final Appeal had ruled that the Public Order Ordinance was constitutional.

SENTENCING AND FURTHER CHARGES

On 16 April 2021, the defendants were sentenced. Jimmy Lai was sentenced to 14 months in prison while Leung Kwok-hung was sentenced to 18 months. Martin Lee and Margaret Ng were sentenced to 11 and 12 months respectively but have had their sentences suspended for two years. They will not serve time in prison unless convicted of another offence in the next two years.

Jimmy Lai and Leung Kwok-hung face further criminal charges under the new National Security Law. The law criminalises so-called “secession, subversion, terrorism, and collusion with foreign forces”. Conviction can lead to life imprisonment.

Other prominent democrats have recently been convicted and jailed for participating in the 2019-20 protests. Joshua Wong, who is already serving a sentence of 13-and-a-half months, was given another four months on 13 April for his role in an anti-mask protest (here, here, and here). He also faces charges under the National Security Law.

Samuel is a trainee solicitor and postgraduate at Cardiff University. He is active in several U.K.-based organisations campaigning on behalf of Hong Kong and BNOs. His research interests include transitional justice and the rule of law.

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