The Hong Kong Special Administrative Region government and legal experts have voiced their support for the local Judiciary following the Court of Final Appeal’s decision to reject the appeals of Jimmy Lai Chee-ying and six others convicted of participating in an unauthorized assembly in 2019.
Lai, founder of the now-defunct tabloid Apply Daily, and six former lawmakers had sought to overturn their convictions, arguing that they were exercising their assembly rights, and cited two similar cases from the United Kingdom’s Supreme Court as part of their defense.
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However, the CFA judgment, delivered jointly by Chief Justice Andrew Cheung Kui-nung and permanent judge Roberto Ribeiro, said that Hong Kong’s courts should not follow the two British legal precedents because of their distinct legal frameworks.
In a statement on Monday night, the SAR government welcomed the CFA’s judgment.
While the government supports the rights to peaceful assembly and procession, these rights must be exercised in line with the relevant legislation to ensure that national security, public order and safety, and the rights and freedom of others are safeguarded.
“Equality before the law is one of the fundamental facets of the rule of law, and all persons, regardless of race, rank, politics or religion, are subject to the laws of the land,” said a government spokesperson.
Grenville Cross, former director of public prosecutions of the HKSAR, said the court’s decision is a carefully reasoned judgment, grounded in legal principle, adding that people now know exactly where they stand when it comes to participating in unauthorized assemblies.
The judgment not only demonstrates its principled independence but also its inherent common sense, Cross said, adding that he believed the decision will be welcomed by everybody who values the rational development of the criminal law in Hong Kong.
Solicitor Virginia Lee Wing-cheung said that the court’s ruling is a testament to the Hong Kong Judiciary’s unwavering commitment to the rule of law, especially under intense sociopolitical pressure. She commended the Hong Kong Judiciary’s unparalleled resilience and independence amidst challenging circumstances.
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The seven defendants, namely Lai, Lee Cheuk-yan, Margaret Ng Ngoi-yee, Leung Kwok-hung, Cyd Ho Sau-lan, Albert Ho Chun-yan, and Martin Lee Chu-ming, were convicted in 2021 of organizing and taking part in a largescale assembly at Victoria Park on Aug 18, 2019, which had been banned by police on security grounds.
Although their convictions for organizing the assembly were later overturned, resulting in reduced sentences, their convictions for participating in the unauthorized assembly were upheld.
Jessica Chen contributed to this story.
