Politics played no part in Hong Kong court’s decision to jail young activists
Grenville Cross says the appeals court was right to overrule the initial, more lenient sentences that gave undue weight to the activists’ political motivation, a violation of the principle that all are equal before the law
The offence of unlawful assembly is punishable with up to five years’ imprisonment, and is treated seriously. It arises where three or more people have assembled together and behaved in a disorderly, intimidating or provocative way, intended or likely to cause any person to reasonably fear that the assembled people will commit a breach of the peace, or will provoke others to commit a breach.
The evidence at trial showed that the men stormed a restricted area, and incited others to do likewise. Force was used to prise open closed gates, which were being guarded by security guards and police officers. The barriers around the flagpoles were pushed over and other people were encouraged to invade the restricted area.
In the melee, 10 security guards sustained injuries. Although these were not, for the most part, serious, one security officer sustained a slight fracture to his first phalanx, and had to take 39 days of sick leave.
