Hong Kong’s top court has rejected a government bid to appeal against the acquittal of seven veteran democrats who were accused of organising an unauthorised assembly related to a large-scale rally during the 2019 pro-democracy protests and unrest.
The Court of Final Appeal on Friday dismissed the prosecution’s application to challenge the acquittal of media tycoon Jimmy Lai and veteran democrat Martin Lee, along with ex-lawmakers Lee Cheuk-yan, Margaret Ng, Leung Kwok-hung, Cyd Ho, and Albert Ho, over organising an unauthorised assembly in August 2019.
Lead judge Roberto Ribeiro announced the decision after hearing the prosecution’s submission, without elaborating.
The Court of Appeal in December gave a green light to the seven veteran democrats to appeal their convictions over an unauthorised assembly during the 2019 protests and unrest at the top court.
A judgment said that there might be “a question of great and general importance” as to whether the prosecution process would infringe the fundamental freedoms of speech and assembly, protected in the city’s mini-constitution the Basic Law.
Meanwhile, the appellate court shot down the government’s bid to appeal against the acquittal of the democrats over organising the unauthorised assembly, which took place on August 18, 2019.
On that day, organisers estimated that 1.7 million people attended a rally in Causeway Bay’s Victoria Park, as months-long protests against a controversial extradition bill continued.
The seven activists were seen leading the march and chanting protest slogans.
They were found guilty for both organising and knowingly participate in an unauthorised assembly after a trial in April 2021. They were given jail terms of up to 18 months while Martin Lee, Albert Ho, and Margaret Ng received suspended sentences.
But the Court of Appeal in August last year quashed their organisation conviction, saying at the time that standing in the front rows of a march did not amount to organising it.
The appellate court upheld the participation charge and maintained the sentencing.
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