Hong Kong Appeals Court Reduces Sentences for Former Student Leaders
In a recent development in Hong Kong, the sentences of four former student leaders who praised a knife attack on a police officer have been reduced by the appeals court. Kinson Cheung, Charles Kwok, Chris Todorovski, and Anthony Yung, who were members of the University of Hong Kong (HKU) Students’ Union Council, had originally been sentenced to two years in jail for “incitement to wound with intent” in October 2021. However, the High Court deemed these sentences as “obviously excessive” and decided to trim them down to 15 months each.
The case revolved around a motion passed by the HKU student body to mourn the death of Leung Kin-fai, who had killed himself after stabbing and wounding a police officer on July 1, 2021 – the 24th anniversary of Hong Kong’s Handover from Britain to China. The four former student leaders had praised Leung’s actions as a “sacrifice” and referred to him as a “martyr,” sparking controversy and legal proceedings.
Court of Appeal’s Decision
Last Friday, three Court of Appeal judges, Jeremy Poon, Derek Pang, and Anthea Pang, ruled that the two-year jail terms handed down by District Judge Adriana Noelle Tse Ching were excessive and decided to reduce the sentences. The judges will provide detailed reasons for their decision within three months, according to local media reports.
During the trial, it was revealed that the four HKU students had praised the stabbing incident, which authorities had labeled as a “lone-wolf local terrorist act.” Originally charged with “advocating terrorism” under the national security law imposed by Beijing in 2020, the former student leaders eventually pleaded guilty to a lesser charge of incitement to wounding.
Defense Arguments and Legal Proceedings
The defense lawyers for the four former student leaders argued during the appeal hearing that the sentencing for their clients was too heavy compared to similar cases of inciting violence. Steven Kwan, representing Todorovski and Yung, highlighted a case where a defendant who called for an encirclement of a detention facility received a much lighter sentence of 160 hours of community service.
Senior Counsel Robert Pang, representing Cheung, pointed out that the starting point for sentencing set by Judge Tse was overly high compared to another case she had handled, where a woman received a 10-month jail term for inciting violence. These arguments played a crucial role in the Court of Appeal’s decision to reduce the sentences of the former student leaders.
Impact of the Decision
The reduction of the sentences for the former student leaders has sparked mixed reactions in Hong Kong. While some view it as a step towards more lenient sentencing for similar cases, others argue that it sets a dangerous precedent for glorifying acts of violence against law enforcement officers.
The case highlights the delicate balance between freedom of speech and the consequences of inciting violence in a politically charged environment like Hong Kong. As the city continues to grapple with ongoing social unrest and political tensions, the implications of such legal decisions reverberate across different sectors of society.
Overall, the appeals court’s decision to reduce the sentences of the former student leaders sheds light on the complexities of upholding the rule of law while safeguarding fundamental rights and freedoms in a rapidly changing political landscape.