Among those convicted was Jimmy Lai, 72, who founded the pro-democracy newspaper Apple Daily. Lai received 12 months in prison for his involvement in a peaceful August 18 protest.
Former Longhair MP Leung Kwok-hung, who is sentenced to 18 months, Lee Cheuk-yan, 12 months, Au Nok-hin, 10 months and Cyd Ho, 8 months, are also heading to prison.
During Friday’s sentencing hearing, Judge Amanda Woodcock said the defendants “deliberately defied the law” and that unauthorized protests posed “a direct challenge to police authority and therefore law and order.”
She said the sentence should “reflect the seriousness of the crime and guilt”, as well as the “conscious decision” of the defendants to break the law.
Woodcock has heard two cases simultaneously and has not yet handed down sentences related to a protest on August 31, 2019, which means that Lai and Lee could receive even longer sentences.
Several defendants escaped from prison, receiving suspended sentences for their advanced age and old public service. Among them were Martin Lee, an 82-year-old veteran lawyer often referred to as the “father of democracy in Hong Kong,” and veteran pro-democracy activists Albert Ho, Margaret Ng, and Leung Yiu-chung.
Illegal protests
Lai’s lawyer, Audrey Eu, said during Friday’s mitigation hearing that Lai should not receive a custodial sentence for not violating the peace. “He is exercising his constitutional right to peaceful assembly, (but not) doing so out of personal gain or greed,” she said.
Separately, prosecutors on Friday added a second indictment under the national security law against Lai. In addition to the charges of unauthorized assembly, Lai now faces two charges with foreign forces, serving a maximum life sentence.
Ng, a 73-year-old lawyer, received a round of applause in court after giving a speech saying she was determined to defend Hong Kong’s democratic rights.
“The rule of law must not only be defended in court, but also on the streets and in the community,” Ng said. “The rule of law is not just about the law, it’s about governance, and the laws that protect rights tend to gain people’s trust.”
Attorney Graham Harris, who represented Martin Lee and Albert Ho, also highlighted the decades-long public service as lawmakers.
“Justice must not be served by shutting down two people who have dedicated their lives to serving the community,” he said.
Mass protests against democracy
As for the August 18 protest, Lai and eight others were found guilty after leading hundreds of thousands of protesters from a rally in Victoria Park on a march to the city’s central district to demand greater responsibility. and an independent investigation into police brutality.
While police denied permission for a march, organizers say up to 1.7 million people took part in the demonstration, bringing parts of the city to a standstill. CNN cannot independently verify this estimate.
In the second case, Lai and two others were found guilty of a separate protest on August 31 of that year.
While defense attorneys disputed that the police should not be given the power to ban protests because they would violate constitutional protection for freedom of assembly, Judge Woodcock said the Hong Kong high court upheld its legality.
Ahead of Friday’s hearing, dozens of people could be seen queuing in front of the courthouse for a seat in the public gallery. The court opened a few more areas as extensions to accommodate the crowd.