The Hong Kong Court of Final Appeal denied leave to appeal for four pro-democracy protesters convicted for violating public gathering limits during a Labor Day protest in 2020. The denied appeal was for Kwok Wing-kin, Mak Tak-ching, Lee Cheuk-yan, and Stanley Ho Wai-hong.
The original conviction was linked to a violation of Section 6 of the Prevention and Control of Disease (Prohibition on Gathering) Regulation. This law limited public gatherings to a maximum of four individuals per group. The foursome, in appeal, defended their actions as a lawful protest movement.
The Labor Day assembly consisted of eight individuals in total, divided into two compliant groups of four with the required social distance between them. However, they were still found in violation of the regulation. The four then applied to the Court of Final Appeal challenging the restriction, asserting that it disproportionately infringes on the freedom of demonstration and is unconstitutional.
Judge Roberto Ribeiro, confronting these arguments, rejected their appeal. He stated that the protesters’ arguments were either based purely on fact or were not reasonably arguable. The judge also found the law is no longer active, thus any matter regarding its constitutionality had become moot.
The initial hearing saw the protesters sentenced to a 14-day prison term, suspended for 18 months. This court case marked the first instance in connection with a purported infringement of the new assembly regulation. Activist Raphael Wong, also subjected to a similar sentence but chose not to appeal, had previously called for the court’s protection of the people of Hong Kong’s rights and freedoms.
The current circumstances fuel arguments claiming inconsistent law enforcement, with accusations hinting at the selective implementation of social distancing regulations. This theory stems from the fact that more than 300 individuals participated in celebrations in Causeway Bay but faced no corresponding legal actions.
The complete account is detailed by the JURIST news.