In its latest simulation of sane judicial proceedings, Hong Kong’s top court will let entrepreneur Jimmy Lai, Martin Lee (shown above), and five other pro-democracy activists ask for permission to appeal convictions for their involvement in the 2019 protests against China’s assault on the democratic and other rights of Hong Kongers.
Hong Kong Free Press reports (December 8, 2023):
In a judgement released on Friday, the Court of Appeal granted a certificate to the democrats with which they can apply to challenge their convictions before Court of Final Appeal judges. The decision moves them one step along the legal system’s convoluted appeal procedure….
The seven were found guilty in the District Court in April 2021 of organising an unauthorised assembly and knowingly taking part in an unauthorised assembly. They were given jail terms of up to 18 months, while Martin Lee, Albert Ho Ho and Ng were given suspended sentences.
The democrats appealed against both charges at the Court of Appeal and were cleared of the organisation charge in August. The participation charge was upheld.
With the certificate, the activists will be able to seek permission for a last chance to appeal the remaining participation charge at the Court of Final Appeal.
The ruling does not even straightforwardly authorize the wrongly convicted seven to appeal. They can only “seek permission…to appeal” their convictions. This is better than getting only permission to apply for permission to appeal. But the court should have simply thrown out the convictions.
Moreover, even if the convictions are ultimately thrown out—far from a foregone conclusion—nobody will be getting out of jail as a result, since the 18-month sentences imposed in 2021 have already been served.
Four of the pro-democracy activists involved in the case are currently incarcerated because of other charges.
Jimmy Lai’s trial for sedition and colluding with foreign forces is expected to begin on December 18.
Former lawmakers Albert Ho and Lee Cheuk-yan, accused of subversion, don’t yet have trial dates.
Former lawmaker Au Nok-hin is one of 47 recently tried for subversion for committing such democratic acts as vetoing bills and organizing primaries. Although they’ve had a trial, one that ended recently, they must apparently wait several more months before they know the verdict.
Meanwhile, Caoilfhionn Gallagher, a lawyer for Jimmy Lai, has told the U.S. Senate Foreign Relations Committee that Lai’s legal team and his son Sebastien have been been getting regular death threats.
“The campaign by China/Hong Kong to silence dissent and critical voices and to shut down international scrutiny of their actions is comprehensive and sophisticated,” she says. “It extends to anyone, anywhere in the world who dares to question their narrative.”
