Hong Kong's top court overturns Tonyee Chow acquittal

Hong Kong's top court has on Thursday overturned activist Tonyee Chow Hang-tung’s acquittal over inciting others to join an unauthorized June 4 vigil in 2021.

The High Court cleared Chow in December 2022 after she was convicted for her role in the 2021 vigil, quashing her 15-month jail term. The Department of Justice in June 2023 filed an appeal against her acquittal, with her case heard at the Court of Final Appeal last November.

The Court of Final Appeal’s ruling centered over two legal points brought up by the justice department: whether Chow could challenge the legitimacy of the police restraining order targeting the vigil and how a court should handle a defendant's challenge against a police order.

The verdict was handed down by a panel of five judges including Chief Justice Andrew Cheung, permanent judges Roberto Ribeiro, Joseph Fok, and Johnson Lam, and non-permanent judge Anthony Gleeson.

During the proceedings this morning, Ribeiro, Fok, and Gleeson determined that Chow had the right to question the legality of the police ban. However, the Chief Justice ruled that Chow could not raise this challenge as a defense in criminal proceedings. Instead, the organizers and participants of the vigil had the option to pursue a judicial review to challenge the ban.

The Chief Justice’s view was echoed by Lam, who said Chow would not be deprived of the opportunity to challenge the relevant prohibition, however, the only route was “by way of judicial review.”