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Hong Kong's top court upholds convictions of 7 prominent pro-democracy activists over 2019 protest

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Hong Kong's top court upholds convictions of 7 prominent pro-democracy activists over 2019 protest
News

News

Hong Kong's top court upholds convictions of 7 prominent pro-democracy activists over 2019 protest

2024-08-13 10:18 Last Updated At:10:20

HONG KONG (AP) — Hong Kong's top court on Monday upheld the convictions of seven of Hong Kong's most prominent pro-democracy activists over their roles in one of the biggest anti-government protests in 2019.

Jimmy Lai, founder of the now-defunct Apple Daily newspaper; Martin Lee, the founding chairman of the city’s Democratic Party; and five former pro-democracy lawmakers were found guilty in 2021 of organizing and participating in an unauthorized assembly.

Their convictions dealt a blow to the city's flagging pro-democracy movement during a political crackdown on dissidents following the protests.

Last year, the activists partially won their appeal at a lower court, with their convictions quashed over the charge of organizing an unauthorized assembly. But their convictions over taking part in the assembly were upheld and they continued their legal battle at the city's top court.

On Monday, judges at the Court of Final Appeal unanimously ruled against their appeal over the remaining convictions.

The defendants previously argued that the trial judge had failed to conduct an “operational proportionality” assessment when convicting them and quoted two non-binding decisions set out by the Supreme Court of the United Kingdom. The defense also suggested the judge should have taken into account that the procession did not become violent.

But Chief Justice Andrew Cheung and Justice Roberto Ribeiro said in their written judgment that the two British cases should not be adopted in the city's courts because the frameworks for human rights challenges in the two jurisdictions are different.

They ruled that the defendants' proposition was “unsustainable" and "is contrary to all established principles governing constitutional challenges in Hong Kong.”

“A separate proportionality inquiry in relation to arrest, prosecution, conviction and sentence is inappropriate and un-called for,” they wrote.

After the court handed down its decision, barrister Margaret Ng, one of the defendants, declined to comment before reading the judgment.

“We just want to take this occasion to thank our legal teams, and all the people who have been supporting us all the time,” she said.

The convictions were linked to their involvement in a rally in August 2019 that drew an estimated 1.7 million people onto Hong Kong’s streets to call for greater police accountability and democracy. The march was relatively peaceful compared to other protests that often morphed into violent clashes between police and protesters that year.

Hong Kong, a former British colony, returned to China in 1997. Its mini-constitution, the Basic Law, guarantees its people freedom of assembly.

When sentencing the seven activists in 2021, the trial judge at the District Court ruled that the right to such freedom is not absolute and is subject to restrictions ruled constitutional. She ordered Lai, Lee Cheuk-yan, Leung Kwok-hung and Cyd Ho to be jailed between eight and 18 months. Martin Lee, Ng and Albert Ho were given suspended jail sentences.

When the appellate court partially overturned their convictions in 2023, it quashed part of the sentences for the four who were given jail terms on the record. The decision was made after they already served out their sentences.

Lai, Lee Cheuk-yan, Leung and Albert Ho still remained in custody as they were also prosecuted or convicted under a Beijing-imposed national security law, which critics said has all but wiped out public dissent. Lai was also serving a prison term for a separate fraud case.

The Beijing and Hong Kong governments said the security law was necessary to bring back stability to the city following the protests.

The city government welcomed the judgement in a statement on Monday night, insisting its residents enjoy the right to peaceful assembly and that it must be exercised in conformity with the law.

The movement five years ago was the city’s most concerted challenge to the Hong Kong government since the 1997 handover. It waned with massive arrests and exiles of democracy activists, the COVID-19 pandemic and the introduction of the security law.

The signage of Hong Kong's Final Court of Appeal is seen at the court in Hong Kong Monday, Aug. 12, 2024. (AP Photo/Katie Tam)

The signage of Hong Kong's Final Court of Appeal is seen at the court in Hong Kong Monday, Aug. 12, 2024. (AP Photo/Katie Tam)

FILE - Pro-democracy lawyer Martin Lee speaks during an interview in Hong Kong, Friday, June 19, 2020. (AP Photo/Vincent Yu, File)

FILE - Pro-democracy lawyer Martin Lee speaks during an interview in Hong Kong, Friday, June 19, 2020. (AP Photo/Vincent Yu, File)

FILE - Hong Kong media tycoon Jimmy Lai pauses during an interview in Hong Kong on July 1, 2020. (AP Photo/Vincent Yu, File)

FILE - Hong Kong media tycoon Jimmy Lai pauses during an interview in Hong Kong on July 1, 2020. (AP Photo/Vincent Yu, File)

WASHINGTON (AP) — President Donald Trump has moved to fire several senior White House National Security Council officials soon after he was urged by far-right activist Laura Loomer to purge staffers she deemed insufficiently committed to his Make America Great Again agenda, several people familiar with the matter said Thursday.

Loomer presented her research to Trump in an Oval Office meeting on Wednesday, making her case for the firings, the people said, speaking on condition of anonymity to discuss sensitive personnel matters. Vice President JD Vance, chief of staff Susie Wiles, national security adviser Mike Waltz and Serio Gor, the director of the Presidential Personnel Office, took part in the meeting, the people said.

NSC spokesman Brian Hughes declined to comment on the meeting or the firings, insisting that the White House does not discuss personnel matters.

Loomer, who has promoted 9/11 conspiracy theories, was a frequent presence on the campaign trail during Trump’s 2024 successful White House run. More recently, she’s been speaking out on social media about some members of Trump’s national security team that she insists can’t be trusted.

The move by Trump to push out staff comes at a moment when his national security adviser Mike Waltz is fighting back criticism over using the publicly available encrypted Signal app to discuss planning for the sensitive March 15 military operation targeting Houthi militants in Yemen.

A journalist, The Atlantic magazine’s Jeffrey Rosenberg, was mistakenly added to the chain and revealed that Trump’s team used it to discuss precise timing of the operation, aircraft used to carry out the strikes and more.

Waltz has taken responsibility for building text chain, but has said he does not know how Rosenberg ended up being included.

President Donald Trump speaks during an event to announce new tariffs in the Rose Garden at the White House, Wednesday, April 2, 2025, in Washington. (AP Photo/Mark Schiefelbein)

President Donald Trump speaks during an event to announce new tariffs in the Rose Garden at the White House, Wednesday, April 2, 2025, in Washington. (AP Photo/Mark Schiefelbein)

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