The Chairman of the Hong Kong Democratic Party, Lo Kin Hei, was charged with participating in an unauthorized assembly outside the Polytechnic University in 2019. Earlier, after a trial, the charge was dismissed. However, the Department of Justice appealed the decision, and this morning (21st), the Court of Appeal handed down its ruling, rejecting the appeal.
On November 18, 2019, the Polytechnic University was occupied by protesters and students, leading to intense clashes with riot police. Outside the university, a large number of people voiced their support for the students. Subsequently, some individuals, including Lo Kin Hei, were arrested by the riot police and charged with participating in an unauthorized assembly.
Earlier, the District Court ruled that the charge against Lo Kin Hei was not substantiated. Despite this, the Department of Justice filed an appeal, and today, the Court of Appeal upheld the original verdict.
The Court of Appeal believed that the prosecution’s evidence was insufficient to establish that the defendant’s sole intention in being present was to participate in the unauthorized assembly. While Lo Kin Hei is a political figure who may seek political gains through public perception, the court could not definitively conclude that he intended to participate in the illegal assembly since he did not have typical protest gear or engage in direct confrontation with the police. Therefore, the court found the original decision of the lower court reasonable and dismissed the Department of Justice’s appeal.
Lo Kin Hei later told the media that he did not feel “particularly happy” and mentioned that there are still many things to deal with in the future.
In addition, another defendant in the same case, Tang Cheuk Yu (self-identified as a journalist), was convicted of “possessing offensive weapons in a public place” and sentenced to 15 months in prison. Like Lo Kin Hei, he also appealed against the conviction but was rejected by the High Court today.