Seven Convicted in Illegal Assembly

Some 1.7 million people protested on August 18, 2019

Seven pro-democracy activists, former lawmakers, lawyers and a newspaper owner were convicted of organizing and taking part in an unauthorized anti-government protest on August 18, 2019.

They include Apple Daily tycoon Jimmy Lai Chee-ying, veteran opposition campaigner Martin Lee Chu-ming, and former lawmakers Lee Cheuk-yan, and Cyd Ho Sau-lan. 

After the march started, the rain poured down

I just reread my post from that day, where an estimated 1.7 million people came out. It suddenly started pouring with rain, and everyone had their umbrellas out but we were still wet from water dripping from other umbrellas. The heaving crowd inched its way from Tin Hau to Causeway Bay and then to Central.

It was a peaceful march, no tear gas, no destruction, just a lot of people walking in the rain.

And yet these seven people were arrested, charged and convicted.

Prosecutors said the seven accused turned an approved assembly into an illegal one on the pretext of crowd control, while the defense argued they were merely leading the rally participants out of the park to alleviate overcrowding.

Judge Amanda Woodcock found there was no need to disperse hundreds of thousands of people from Victoria Park in the form of a procession, as there was no evidence that exit routes were in accessible or problematic, or that the park was so overcrowded that a stampede or risk of serious injuries was imminent.

Martin Lee and Albert Ho at the courthouse

She said the seven inequivocally intended to stage the illegal event, as evidenced by them carrying a banner and shouting slogans as they walked out of the park.

"I am sure this public procession was not about dispersal of crowds. That was a description used to defy the law and circumvent the ban. This intention was vocalized repeatedly and publicly days before the public meeting. It was only a dispersal plan in name, and the truth is it was a planned unauthorized assembly," Woodcock wrote in her 89-page judgment.

As for those 100 police officers who prevented the crowd from leaving the park and then made them inch along the way, then suddenly disappeared, Woodcock agreed with the commanding officers testifying in court that far from neglecting their duties, police were being "prudent" as they hoped to minimize the risk of violence or confrontation that day.

The judge found the protest march caused serious traffic disruption -- but it was a Sunday and every weekend before that there were protests in the area, and she rejected the argument the seven had a reasonable excuse for their acts because the protest was peaceful.

Margaret Ng was also one of seven convicted

"It cannot be right that to arrest and prosecute is disproportionate in this case because no actual violence broke out. That would give the law no teeth and make a mockery of it," she wrote.

The seven will be sentenced on April 16 and could face up to five years in prison. 

Eighty-two-year-old Martin Lee, who usually has something to say after a court case, was uncharacteristically silent as he left the West Kowloon courthouse, while Cyd Ho of the Labour Party said she was "disappointed" by the verdict, saying the case reflected the erosion of freedom of speech and expression.

"The collapse of Hong Kong's political regime will [cause it to] become a hotbed for corruption," she said.

Samuel Chu, the managing director of the Washington-based Hong Kong Democracy Council said of the convictions: "This trial was also about the long history, legacy and contributions of the elder statesmen and women of the movement. It is about discrediting their lifetime contributions to Hong Kong, to the movement, to workers, to grassroots, to individuals and their professions."

This is the first time Martin Lee has been convicted and will be sent to jail. 

How does the man who helped draft the Basic Law, who was trying to find a peaceful path towards democracy in China get thrown in jail?

It is a terrible sign that even moderates are too much of a threat to Beijing and must be silenced. There is no other way. 

Lai also faces a national security law charge

The seven convicted:

Martin Lee Chu-ming

Jimmy Lai Chee-ying

Cyd Ho Sau-lan

Lee Cheuk-yan

Albert Ho Chun-yan

Margaret Ng Ngoi-yee

Leung Kwok-hung

(Au Nok-hin and Leung Yiu-chung pleaded guilty earlier)