The final court decision on the appeal of seven pro-democracy figures, including Jimmy Lai and Agnes Chow, regarding the 2019 August 18th gathering at Victoria Park, was upheld by the Supreme Court yesterday (August 12th). The charge of “organizing an unauthorized assembly” was dropped, but the charge of “knowingly participating in an unauthorized assembly” was maintained. Former Hong Kong governor Chris Patten condemned the conviction as “unjust”.
According to Chris Patten, who also serves as the honorary patron of Hong Kong Watch, the ruling exposes the deteriorating state of the rule of law in Hong Kong. The decision was made by Chief Justice Zhang Junneng and permanent judges Li Yi, Ho Siu-kong, Lam Man-hon, and non-permanent judge Baroness Brenda Hale from the UK. Patten criticized the unfair judgment, citing Baroness Hale’s involvement as exacerbating the situation.
In yesterday’s ruling, Baroness Hale agreed with Zhang Junneng and Li Yi’s views, acknowledging that both English and Hong Kong laws recognize the freedom of assembly as a fundamental right of citizens but also recognize that these rights are subject to local legislative constraints.
Baroness Hale is reported to be the chair of the Legal Advisory Group for the Media Freedom Coalition and the trustee of the charity Prisoners Abroad, which provides support to British prisoners overseas.
It was mentioned in the report that media mogul Jimmy Lai, a British citizen, has been detained since December 2020 on national security charges and is facing separate trials. The UK government has previously referred to these prosecutions as politically motivated. Last December, the Media Freedom Coalition expressed concerns about the impact of Lai’s prosecution on Hong Kong.
The report also quoted Mark Sabah, the director of the Hong Kong Free Foundation Committee, criticizing Baroness Hale’s presence in Hong Kong’s courts as “shameful and disgraceful”.
Baroness Hale declined to comment on the cases she was involved in, stating that her judgment speaks for itself.
Chris Patten pointed out that British judges Stewart Wong, Russell Coleman, and Canadian judge Carolyn McLaughlin resigned as non-permanent judges of the Hong Kong Court of Final Appeal earlier this year.
In the August 18th gathering case, seven defendants were convicted in 2021 at the district court of “organizing an unauthorized assembly” and “knowingly participating in an unauthorized assembly”. Jimmy Lai, Lee Cheuk-yan, Leung Kwok-hung, and Ho Sau-lan were sentenced to 8 to 18 months in prison, while Albert Ho, Lee Cheuk-yan, and Leung Kwok-hung received suspended sentences.
The seven individuals subsequently appealed their convictions to the High Court, with partial success. The Appeals Court ruled on August 14, 2023, that merely holding banners and walking along a predetermined route to Central, even if at the front of the procession and leading chants, may not necessarily imply they were organizers. The conviction and sentencing for “organizing an unauthorized assembly” were overturned, but the appeal on the charge of “knowingly participating in an unauthorized assembly” was rejected.
Jimmy Lai, Lee Cheuk-yan, Leung Kwok-hung, and Ho Sau-lan had their sentences reduced by 3 to 6 months, while others did not have their original sentences dealt with as the probation period had expired.