Eight former legislators from the democratic camp, including critical media proprietor Lai Chi-ying and Democratic Party founding chairman Lee Chu-ming, were convicted of organizing and participating in an unlawful assembly and sentenced to 8 to 18 months in prison for their participation in the rally and march in Victoria Park in August last year. In addition, Lee, Ho, Ng and Leung were sentenced to 8 months to one year in prison, but were allowed to suspend their sentences for two years or one year. Some of the defendants have indicated that they will appeal the verdict and the length of their sentences in an effort to ensure that Hong Kong people can continue to enjoy their freedom of assembly and procession.
When District Court Judge Wu Yawen used 18 months and 15 months as the sentencing threshold for organizing and participating in an illegal assembly, a small gasp of surprise rang out from the public gallery and reporters in the extended courtroom, saying that the sentencing threshold was too heavy. The former chairman of the Democratic Party, Albert Ho, who was given a suspended sentence, left the courtroom saying that he was incredulous about the judge’s sentencing starting point. Outside the courtroom, about 100 supporters of the democratic camp, when the prosecution left the courtroom, there was an outcry, chanting “shame on the political prosecution” and scolding words, the first time since the trial of the anti-revisionist movement.
As for the defendants, they did not look devastated after hearing the verdict, and those who received suspended sentences did not look happy either. Lee Cheuk-yan held up a gesture representing the “five major demands”, and called “hold on” and “hold on to the end” in response.
The judge Hu Ya Wen this (16) day afternoon sentencing, said the defendants are well-known people, participation in the rally will play a leading role in attracting other people to participate and crowd gathering, although the day of the unauthorized assembly peacefully, but to the 2019 social unrest and turmoil, the rally of such a scale may lead to violent scenes. She added that the assembly had blocked traffic and roads and caused inconvenience to non-participants, so while the defendants’ defense lawyers pleaded for non-custodial penalties, she believed that a custodial sentence was the only appropriate penalty.
She then said that the sentencing threshold for organizing and participating in the illegal assembly was 15 months and 12 months respectively, but Lee Cheuk-yan, Leung Kwok Hung and Au Nok Hin had publicly called for the “Stuff the Garden” before the march, so the sentencing threshold for the three organizing charges was raised to 18 months. She then deducted some of the sentences of the defendants, taking into account their age, contribution to society and guilty pleas. Most of them did not accept media interviews when they left the court.
The former chairman of the Democratic Party, Albert Ho, said that he was surprised and disappointed by the principles and views cited by the judge in sentencing, and that a peaceful, orderly and rational assembly should be respected under the framework of international law and human rights law. The case is even more unbelievable, will consult legal advice and consider an appeal.
Yang Sen, a former legislator who received a suspended sentence in another case, said that the court ignored human rights and allowed the police to suppress the freedom of demonstration and assembly of Hong Kong people through the “Hong Kong National Security Law”, but Hong Kong people will not be intimidated, I believe that marches and demonstrations will come one after another. He supported the defendant’s appeal.
According to the case, Lai Chi-ying and others in 2019 after the police opposed the march but granted permission to assemble, called on the public to participate in the “flowing rally” on August 18 of that year, millions of people left after entering the rally in the Victoria Park and headed towards Central, the police did not stop it at the time, but at the end of last year, the defendants were arrested and prosecuted. The seven defendants in the case were earlier convicted of organizing and participating in an illegal march, and the other two defendants, Leung Yiu-chung and Au Noi Hin, pleaded guilty.
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