Author: Jesse Peng
HONG KONG (Reuters) – Hong Kong’s top court on Monday unanimously rejected a bid to overturn the convictions of media tycoon Jimmy Lai and six other pro-democracy activists for holding unauthorized rallies in 2019.
Jimmy Lai, 76, the founder of pro-democracy newspaper Apple Daily (NASDAQ: ) Daily, was convicted in August 2019 of a months-long conspiracy with six others, including veteran Democrat Martin Lee. on charges of organizing and participating in unauthorized rallies during pro-democracy protests in Chinese-ruled cities.
While lower courts overturned their convictions for organizing an unauthorized assembly, they upheld their convictions for participating in an unauthorized march.
Their appeal focuses on whether the conviction is proportionate to fundamental human rights protections, a principle set out in two non-binding UK Supreme Court rulings known as “operational proportionality”.
Chief Justice Cheung Kin-yan and Justice Roberto Ribeiro wrote in the main judgment that Hong Kong should not follow the two British rulings because of differences in the Hong Kong and British legal frameworks for dealing with human rights challenges.
David Neuberger, the former president of the UK’s highest court, is one of five judges on the Court of Final Appeal (CFA) hearing the case, fueling a debate over whether foreign judges should continue to sit on the city’s top court .
The judgment comes two months after the resignation of two British judges on Hong Kong’s Court of Final Appeal, Lawrence Collins and Jonathan Sumption. Sumption said Hong Kong was becoming a totalitarian state and the city’s rule of law had been “severely damaged.”
Neuberger told Reuters in mid-June that he would remain on Hong Kong’s highest court and “do whatever I can to support the rule of law in Hong Kong.”
Newberg said he agreed with the main judgment, adding that “the issue has been fully and impressively considered” and “provides important guidance on the correct approach to so-called ‘operating proportions’.”
Neuberger added that the constitutional differences between Hong Kong and the UK “do not require a different approach when considering whether restrictions on the right to assembly are proportionate” but “it does require a different approach if the court concludes that restrictions are or are possible” Different methods are “not proportionate”.
After months of pro-democracy protests in 2019, Beijing implemented a national security law in 2020, and Hong Kong’s Legislative Council passed a new national security law, also known as Section 23, in March.
Jimmy Lai and three former Legislative Council members Lee Cheuk-yan (67), “Long Hair” Leung Kwok-hung (68) and Ho Sau-lan (70) were sentenced to 8 to 18 years in prison for organizing and participating in unauthorized rallies in 2019. months. After their organizing charges were dropped, their sentences were reduced by 3 to 6 months.
Martin Lee, the 86-year-old founding chairman of the Hong Kong Democratic Party, 76-year-old barrister Margaret Ng, and 72-year-old veteran democratic politician Ho Chun-yan were all sentenced to suspended sentences.
“We just want to take this opportunity to thank our legal team and everyone who has supported us,” Wu told media outside court.
Since December 2020, Lai has been held in solitary confinement for more than three years. of prison sentence.
According to the Security Bureau, 301 people were arrested for acts or activities endangering national security. Among them, 176 people and 5 companies were prosecuted.
