Nine Sentenced for Illegal Assembly

Albert Ho and Martin Lee before hearing their fate today

 

Another dark day, Black Friday, whatever you want to call it.

Nine pro-democracy activists, former lawmakers, esteemed lawyers and a newspaper founder were sentenced today for organizing and participating in an illegal assembly on August 18, 2019.

Hong Kong's "Father of democracy" Martin Lee Chu-ming, 83, was handed a suspended sentence of 11 months along with fellow lawyer and former Democratic Party chairman Albert Ho Chun-yan, 69. Sixty-seven-year-old Leung Yiu-chung also got a suspended sentence of eight months.

Jimmy Lai faces two more NSL charges

Media tycoon Jimmy Lai Chee-ying, 73, was sentenced to 14 months in jail and was further indicted on two charges for violating the national security law, of conspiracy to commit subversion, and obstructing justice.

Lee Cheuk-yan, 64, a former lawmaker who also organizes the annual Tiananmen candlelight vigil, will also serve a dozen months in jail, 65-year-old "Long Hair" Leung Kwok-hung 18 months, 33 year-old Au Nok-hin 10 months, and 66-year-old Cyd Ho Sau-lan, eight months.

Another highly-regarded lawyer Margaret Ng Ngoi-yee, 73, also received a suspended sentence of 12 months, but not before giving an impassioned speech to the court, defending her right to demonstrate.

"When the people, in the last resort, had to give collective expression to their anguish and urge the government to respond, protected only by their expectation that the government will respect their rights, I must be prepared to stand with them, stand by them and stand up for them," she said.

District Judge Amanda Woodcock said the accused had consciously broken the law during the anti-government protests in 2019 which she described was "as relentless as it was violent and disturbing".

The ironic thing about the August 18, 2019 assembly was that it was very peaceful. It was also very wet that day.

Cyd Ho and Lee Cheuk-yan before sentencing

But the judge did not consider this.

"The procession posed a direct challenge to the police and therefore law and order... Taking into account the prevailing circumstances in Hong Kong at the time, a procession of that size posed an inherent latent risk to possible violence," Judge Woodcock said.

"A term of immediate imprisonment was the only appropriate sentencing option."

Previously sentences for illegal assembly were fines of a few thousand dollars or a few weeks in jail.  

But these jail sentences send a terrifying signal that even moderates are punished for advocating peaceful protests.

"It's excessive, entirely out of proportion. What have they done to deserve such severe punishments?" said Fernando Cheung Chiu-hung, a former lawmaker to the New York Times. "It was a peaceful demonstration for the public to display people's discontent. All these political leaders have done was walking with the people." 

1.7M protested in the rain August 18, 2019

Human rights advocates denounced the sentences as unlawful.

"These convictions are a violation of international aw, which states that participating in and organizing peaceful assembles does not require prior permission by the state," said Yamini Mishra, Amnesty International's director for the Asia-Pacific region. "All those sentenced today should be immediately released and their record expunged."

But the Hong Kong government will not listen to these comments; ever since the national security law was implemented last July, the ability to protest has been shut down completely, giving the public no outlet to voice their dissatisfaction with the government.

It has come to the point where people are voting with their feet -- to stay or go. 

The Times have reported 3,000 Hongkongers a week are applying for visas using their British National Overseas passport. So far 35,000 have applied for the five-year scheme.

The number of people who have applied within the first 10 weeks is more than one-tenth of the 300,000 the British government is expecting in five years, meaning it may have underestimated demand...