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Hong Kong top court allows bid by Jimmy Lai, 6 former opposition lawmakers to have convictions over banned 2019 march overturned
- Court of Final Appeal judges agree to examine alleged error by trial judge for not considering reasonableness of prosecuting seven
- Seven are among nine opposition figures convicted in 2021 of organising and taking part in banned march
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Hong Kong’s top court has allowed a final attempt by jailed media tycoon Jimmy Lai Chee-ying and six former opposition lawmakers to have their convictions for taking part in a banned march during the 2019 anti-government protests overturned.
Court of Final Appeal judges on Friday agreed to examine an alleged error by the trial judge for not considering the reasonableness of prosecuting the seven, including veteran democrat Martin Lee Chu-ming, when she convicted them over their roles in a mass demonstration on August 18, 2019.
The appellants argued the police ban on the march on Hong Kong Island was an excessive restriction on their freedom of expression and assembly, and that their involvement could be excused in a criminal trial.
The pending debate before a full panel of five judges in the top court is expected to shed light on a 2021 landmark decision by the United Kingdom’s Supreme Court, which ruled by a majority that a statutory defence of lawful excuse could be established if authorities had violated a protester’s basic rights.
The seven opposition figures are seeking a complete victory in the criminal case where one of two charges they faced have been quashed upon a first appeal in a lower court.
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