Top court rejects DoJ’s appeal to restore conviction over Aug.18 demonstration

Hong Kong’s top court has rejected the appeal by the Department of Justice to restore the conviction of seven democrats and activists, including Democratic Party founder Martin Lee Chu-ming and Apple Daily founder Jimmy Lai Chee-ying, for organizing an unauthorized assembly. 

The case was presided over by three permanent judges Roberto Ribeiro, Joseph Fok, and Johnson Lam Man-hon at the Court of Final Appeal on Friday morning. 

They rejected the department’s appeal after hearing their submissions but granted the appeal by the defendants against their conviction of taking part in an unauthorized assembly. 

The case stemmed from the “water flow-style” demonstration organized by disbanded Civil Human Rights Front at Victoria Park on August 18, 2019. 

The remaining five defendants are Lee Cheuk-yan, Margaret Ng Ngoi-yee, Leung Kwok-hung, Cyd Ho Sau-lan, and Albert Ho Chun-yan. 

The seven were earlier handed a suspended jail term or sentenced to up to 18 months for organizing and participating in an unauthorized assembly. They all appealed against their convictions and Lai, Lee, Leung, and Cyd Ho also appealed their sentences. 

The Court of Appeal later quashed the conviction of organizing the assembly but upheld that of participating in the demonstration. 

Lai and Lee saw their 12 month term reduced to nine and six months respectively. Leung’s term was reduced from 18 months to 12 months and Cyd Ho’s term was shortened by three months to five months.