Sixtus Leung appeals conviction of unlawful assembly to Court of Final Appeal
Tuesday, June 22, 2021
Sixtus “Baggio” Leung Chung-hang appealed to the Court of Final Appeal over his conviction of taking part in an unlawful assembly.
Leung last year was convicted of taking part in an unlawful assembly and sentenced to four-week imprisonment, after he charged at the conference hall of LegCo back in 2016. He filed an appeal against his conviction, which was banned by the High Court, and was sent to prison immediately.
Leung, who is now in exile in the US, earlier filed another appeal regarding his conviction to the Court of Final Appeal. The appeal was heard today.
Barrister Douglas Kwok King-hin, who represents Leung, said the prosecution must prove Leung's actions were performed intentionally to break the law and he knew his actions would frighten others.
The argument focused on section 18 of the Public Order Ordinance, which stated the conduct of the assembled persons as “likely to cause any person reasonably to fear that the persons so assembled will commit a breach of peace”.
Kwok said the arrest made by police and the conviction made by the court never consider whether Leung knew he would cause others to fear his actions or not.
He added the current procedures will see an innocent person found guilty and carries absolute liability even the person doesn't know his or her actions could cause others to fear. This will also weaken the protection for freedom of assembly and of speech.
He stressed that the intent of a person is a crucial element to be taken into account.