Jimmy Lai: Hong Kong rejects appeal against conviction

Hong Kong's top court has dismissed a bid to overturn the convictions of media tycoon Jimmy Lai and six other activists over their roles in the 2019 pro-democracy protests.

Lai, the founder of the now-shuttered Apple Daily newspaper, veteran democrat Martin Lee and five former pro-democracy lawmakers were found guilty in 2021 of organizing and participating in an unauthorized assembly during the monthslong anti-government demonstrations.

A lower court had earlier quashed their conviction for organizing the unauthorized assembly, but their conviction for taking part in an unauthorized assembly was upheld.

Judges at the Court of Final Appeal (CFA) on Monday unanimously rejected their appeal over the rest of the convictions.

Why was the appeal knocked back?

The activists' appeal relied on whether their conviction was proportional to fundamental human rights protections, as per "operational proportionality," a principle laid down in two non-binding decisions of Britain's Supreme Court.

Chief Justice Andrew Cheung and Justice Roberto Ribeiro said in their written verdict that the two British cases should not be adopted in the semi-autonomous Chinese territory's courts because of the differences between the legal structures for human rights challenges in Hong Kong and the UK.

The judges added that the activists' proposition was "unsustainable" and "contrary to all established principles governing constitutional challenges in Hong Kong."

"A separate proportionality inquiry in relation to arrest, prosecution, conviction and sentence is inappropriate and uncalled for," they said.

For organizing and taking part in an unauthorized assembly in 2019, Lai and three former lawmakers Lee Cheuk-yan, Leung Kwok-hung and Cyd Ho were ordered to be imprisoned for between eight and 18 months.

They were given a reduced sentence of three to six months after their conviction for organizing was overturned.

Martin Lee, barrister Margaret Ng and veteran pro-democracy politician Albert Ho were handed suspended sentences.

Meanwhile, Lai is facing a separate trial over charges of "sedition and collusion with foreign forces."

He has been in solitary confinement since December 2020.

Beijing imposed a national security law in 2020 following massive pro-democracy protests in the former British colony.

In March, the Hong Kong legislative council passed a new, tougher national security law, known as Article 23.

dvv/nm (AP, Reuters)