Hong Kong’s highest court has rejected an attempt to overturn the convictions of media mogul Jimmy Lai and six other activists for their involvement in the 2019 pro-democracy protests. Lai, who founded the now-closed Apple Daily newspaper, along with veteran democrat Martin Lee and five former pro-democracy lawmakers, were found guilty in 2021 of organizing and participating in an unauthorized assembly during the extensive anti-government protests.
While a lower court had previously overturned their conviction for organizing the unauthorized assembly, their conviction for participating in an unauthorized assembly was upheld. The Court of Final Appeal (CFA) judges unanimously dismissed their appeal regarding the remaining convictions. The activists’ appeal was based on whether their conviction was proportionate to fundamental human rights protections, according to the principle of “operational proportionality” from two non-binding decisions of the UK’s Supreme Court.
Chief Justice Andrew Cheung and Justice Roberto Ribeiro stated in their written verdict that the two British cases should not be applied in Hong Kong’s courts due to differences in legal structures for human rights challenges between Hong Kong and the UK. They deemed the activists’ argument “unsustainable” and “contrary to established principles governing constitutional challenges in Hong Kong.” The judges also mentioned that a separate proportionality inquiry regarding arrest, prosecution, conviction, and sentencing was unnecessary.
For their involvement in the unauthorized assembly in 2019, Lai and three former lawmakers were sentenced to between eight and 18 months in prison. After their organizing conviction was overturned, their sentence was reduced to three to six months. Martin Lee, barrister Margaret Ng, and veteran pro-democracy politician Albert Ho received suspended sentences. Lai is currently facing a separate trial on charges of “sedition and collusion with foreign forces” and has been in solitary confinement since December 2020.
The national security law imposed by Beijing in 2020 following significant pro-democracy protests in Hong Kong led to the passage of a new and stricter national security law known as Article 23 by the Hong Kong legislative council in March. These developments reflect the ongoing challenges faced by pro-democracy activists and media figures in Hong Kong amidst increasing government crackdowns and restrictions.