Final appeal can be made against illegal assembly conviction
Legislator 'Long Hair' Leung Kwok-hung has been given the go-ahead to take an appeal against his conviction for holding an unauthorised assembly to the highest court.
The Court of Appeal yesterday granted Mr Leung permission to take his case forward to a full hearing before the Court of Final Appeal.
The court granted similar leave to Christopher Fung Ka-keung, 25, and Chris Lo Wai-ming, 29, who were convicted of assisting Mr Leung in organising the public assembly. Chief Judge Mr Justice Geoffrey Ma Tao-li said the questions of law posed in the notice of appeal were of great general and public importance.
These included whether the section of the Public Order Ordinance under which the three were prosecuted contravened Article 21 of the International Covenant on Civil and Political Rights, Article 17 of the Hong Kong Bill of Rights Ordinance and Articles 27 and 39 of the Basic Law.
Also involved was whether the section of the ordinance that restricts human rights and public freedoms was 'prescribed by law' and was 'necessary in a democratic society'.
