A court yesterday quashed suspended jail sentences imposed on lawmakers Wong Yuk-man and Albert Chan Wai-yip for unlawful assembly.
Mr Justice Derek Pang Wai-cheong found in the Court of First Instance that the sentence was too harsh and instead fined them HK$4,800 each for continuing their protest after the July 1 pro-democracy march in 2011.
The judge also quashed Chan's conviction for convening and organising an unlawful assembly, as the Eastern Court magistrate had failed to properly explain the evidence.
But the pair plan to appeal to the top court against the remaining conviction, saying it will pave the way for people who intended to join the planned Occupy Central pro-democracy protest.
"I wish that people who participate in social movements would not be charged," Wong said after the hearing.
The jail sentences of six weeks for Wong and five weeks for Chan, suspended for 14 months, were imposed in May last year.