Hong Kong prosecutors have challenged the acquittal of the Democratic Party chairman in a 2019 unlawful assembly case, saying the politician had “encouraged” protesters despite knowing they were resisting police. Justices of Appeal Derek Pang, Maggie Poon, and Anthea Pang heard the case against Lo Kin-hei, who was cleared of taking part in an unlawful assembly close to the Hong Kong Polytechnic University (PolyU) in November 2022.
Lo was among 135 people arrested outside Chinachem Golden Plaza when they were on their way to PolyU on November 18, 2019, to support the protesters who had occupied the campus. A representative of the Department of Justice (DoJ) argued that Lo should have been found guilty based on the environmental evidence, stating that his decision to remain at the scene for 40 minutes showed that he had intended to encourage the protesters.
Following his acquittal in 2022, the DoJ launched a bid to appeal in December 2022. Lo was re-arrested and brought to the High Court two days later. During the trial, Lo stated that he had only planned to observe what was happening at the scene and was unaware that the police had categorized the protesters’ occupation of the PolyU campus as a riot.
The government lawyer argued that Lo’s extraneous intent, such as accumulating political capital, was irrelevant, and the trial judge had not erred in considering it. The trial judge had ruled that there was no evidence to prove Lo’s intent and motive beyond reasonable doubt, leading to his acquittal. The panel of judges stated that they would need more time to reach a decision, and a judgement would be handed down later.
The protests in 2019 began over an extradition bill and escalated into displays of dissent against police behavior and calls for democracy. PolyU became a battlefield between police and pro-democracy demonstrators, resulting in numerous injuries and arrests. The campus was surrounded by riot police for almost two weeks, with some protesters holed up inside while others surrendered to the authorities.
In conclusion, the court appeal hearing regarding the Democratic Party chairman’s involvement in the 2019 unrest has sparked debate over the interpretation of his actions. The outcome of the appeal will have implications for future cases related to the protests and the definition of unlawful assembly. The events at PolyU serve as a reminder of the intense clashes that occurred during the 2019 unrest and the ongoing tensions in Hong Kong regarding democracy and freedom of expression.
