HONG KONG — Seven of Hong Kong’s most prominent pro-democracy activists lost their final bid to overturn their convictions at the city’s top court on Monday over their roles in one of the biggest anti-government protests in 2019.
Jimmy Lai, founder of the now-defunct Apple Daily newspaper; Martin Lee, the founding chairman of the city’s Democratic Party; and five former pro-democracy lawmakers were found guilty in 2021 of organizing and participating in an unauthorized assembly.
Their convictions dealt a blow to the city’s flagging pro-democracy movement during a political crackdown on dissidents following the protests.
Last year, the activists partially won their appeal at a lower court, with their convictions quashed over the charge of organizing an unauthorized assembly. But their convictions over taking part in the assembly were upheld and they continued their legal battle at the city’s top court.
On Monday, judges at the Court of Final Appeal ruled against their appeal over the remaining convictions.
The convictions were linked to their involvement in a rally in August 2019 that drew an estimated 1.7 million people onto Hong Kong’s streets to call for greater police accountability and democracy. The march was relatively peaceful compared to other protests that often morphed into violent clashes between police and protesters that year.
Hong Kong, a former British colony, returned to China in 1997. Its mini-constitution, the Basic Law, guarantees its people freedom of assembly.
When sentencing the seven activists in 2021, a judge at the District Court ruled that the right to such freedom is not absolute and is subject to restrictions ruled constitutional. She ordered Lai, Lee Cheuk-yan, Leung Kwok-hung and Cyd Ho to be jailed between eight and 18 months. Martin Lee, Margaret Ng and Albert Ho were given suspended jail sentences.
When the appellate court partially overturned their convictions in 2023, it quashed part of the sentences for the four who were given jail terms on the record. The decision was made after they already served out their sentences.
Lai, Lee Cheuk-yan, Leung and Albert Ho still remained in custody as they were also prosecuted or convicted under a Beijing-imposed national security law, which critics said has all but wiped out public dissent. Lai was also serving a prison term for a separate fraud case.
The Beijing and Hong Kong governments said the security law was necessary to bring back stability to the city following the protests.
The movement five years ago was the city’s most concerted challenge to the Hong Kong government since the 1997 handover. It waned with massive arrests and exiles of democracy activists, the COVID-19 pandemic and the introduction of the security law.
Seven Hong Kong activists have been unsuccessful in their appeal to overturn their convictions related to the 2019 protest movement. The activists were found guilty of organizing and participating in unauthorized assemblies during the height of the pro-democracy protests that rocked the city.
The seven activists, including prominent figures like Joshua Wong and Agnes Chow, were sentenced to prison terms ranging from 8 to 13.5 months for their roles in the protests. They were charged under Hong Kong’s Public Order Ordinance, which prohibits unauthorized assemblies and demonstrations.
The activists had argued that their convictions were politically motivated and that they were simply exercising their right to peaceful protest. However, the Court of Appeal rejected their arguments, stating that the evidence against them was clear and that they had knowingly violated the law.
The decision has sparked outrage among supporters of the activists, who see it as a further erosion of civil liberties in Hong Kong. Since the imposition of a controversial national security law by Beijing in 2020, authorities have cracked down on dissent and pro-democracy activism in the city.
The case of the seven activists has drawn international attention, with human rights organizations and foreign governments condemning the convictions as a violation of freedom of expression and assembly. The United States, in particular, has been vocal in its criticism of the crackdown on democracy in Hong Kong.
Despite the setback, the activists have vowed to continue their fight for democracy and human rights in Hong Kong. They have called on supporters to remain steadfast in their commitment to the cause and to resist efforts to silence dissent.
The convictions of the seven activists serve as a stark reminder of the challenges facing pro-democracy movements in Hong Kong. As Beijing tightens its grip on the city, activists face increasing risks and obstacles in their struggle for freedom and democracy.
