Hong Kong Court Upholds Jimmy Lai Conviction Appeal

The Hong Kong Court of Final Appeal dismissed appeals on Monday by former media tycoon Jimmy Lai Chee-ying and six former lawmakers. They sought to overturn their convictions related to an unauthorized assembly during the 2019 social unrest. This decision underscores the complexities of the Jimmy Lai conviction appeal process.

Background of the Case

The group included Lai, founder of the now-defunct Apple Daily, and former lawmakers Lee Cheuk-yan, Margaret Ng Ngoi-yee, Leung Kwok-hung, Cyd Ho Sau-lan, Albert Ho Chun-yan, and Martin Lee Chu-ming. In 2021, they were convicted of organizing and participating in a large-scale assembly at Victoria Park on August 18, 2019, which had been banned by police due to security concerns.

Court Decisions and Sentencing

The appellate court had previously quashed their organizing conviction and reduced their sentences. However, it upheld the convictions for participating in the unauthorized gathering. Lai’s sentence was reduced from 12 to 9 months. Lee Cheuk-yan’s sentence went from 12 to 6 months. Leung’s was reduced from 18 to 12 months, and Cyd Ho’s from 8 to 5 months. The remaining appellants received two years’ probation.

Legal Arguments and Rulings

The appellants argued that their participation was an exercise of their right to peaceful assembly. However, the Department of Justice countered that the gatherings often led to violence, justifying the police’s decision to ban the assembly. The appellants were deemed to have knowingly participated in an unlawful assembly. This ruling impacts the dialogue on the Jimmy Lai conviction appeal.

The appellants cited similar UK Supreme Court cases in their defense. They questioned if Hong Kong’s courts should align with UK judgments. Chief Justice Andrew Cheung Kui-nung and Justice Roberto Alexandre Vieira Ribeiro ruled differently. They stated that Hong Kong’s judicial system operates under different human rights regimens than the UK. Thus, it should not follow UK Supreme Court decisions in these matters.

Ongoing Legal Challenges

Additionally, Lai faces further charges under the National Security Law, including collusion with foreign forces and conspiracy to print and distribute seditious publications. The sedition charge and one collusion charge also involve three Apple Daily-related companies.

On July 25, the High Court determined that Lai must answer to all three charges. His trial, which began on December 18 last year, has been postponed until November 20.