Jail ‘the only option’ for 13 protesters who stormed Hong Kong’s Legislative Council, says Court of Appeal judgment
Court of Appeal judges unanimously found trial magistrate had erred in failing to recognise level of violence called for greater weight in deterrence during sentencing
Jail was “plainly the only option” for 13 protesters who charged at Hong Kong’s legislature during a debate in 2014, according to a court explanation on Monday, as the unprecedented violence of their assembly went against the spirit of civil disobedience.
The 56-page judgment, accompanied by a 76-page English translation, handed down by the Court of Appeal also shed light on how courts should approach civil disobedience as a motive behind participation in unlawful assemblies in future cases.
The three judges had granted a government bid last month to beef up sentences and replaced the protesters’ community service orders with jail terms ranging from eight to 13 months.
The enhanced sentences were closely followed by a second successful government review to replace the non-custodial sentences of Demosisto leaders Joshua Wong Chi-fung and Nathan Law Kwun-chung, plus former student union chief Alex Chow Yong-kang, with six to eight months’ jail.
The two cases sparked international debate on the independence of the city’s courts and reignited demands for an independent director of public prosecutions.
