Jailed activists’ appeal against terms can proceed, Hong Kong court rules
‘Points of law of great and general importance’ cited
A Hong Kong court that beefed up sentences for 13 pro-democracy activists in August has now backed eight applicants’ appeal against their new jail terms.
The Court of Appeal on Tuesday certified that “points of law of great and general importance” were involved in four of the questions raised by eight men and women to enable them to obtain leave to appeal to the higher court.
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The Court of Final Appeal last week granted the trio leave to challenge jail terms after a sentencing review that was similarly sought by the government, but over a different protest in the lead-up to Hong Kong’s 2014 Occupy movement for greater democracy in the city.
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The trio’s appeal hearing on January 16 next year is to consider the extent the Court of Appeal is allowed to change the factual basis of the original sentence. It is also to consider how much a sentencing court should factor in the motives of a defendant found guilty of committing a crime as an act of civil disobedience or in the exercise of a constitutional right.