HONG KONG — Hong Kong's top court on Monday (Aug 12) unanimously dismissed the bid to overturn the convictions of media tycoon Jimmy Lai and six other pro-democracy campaigners for an unauthorised assembly in 2019.
Media mogul Jimmy Lai, founder of Apple Daily, arrives the Court of Final Appeal by prison van in Hong Kong, China Feb 1, 2021.HONG KONG — Hong Kong's top court on Monday unanimously dismissed the bid to overturn the convictions of media tycoon Jimmy Lai and six other pro-democracy campaigners for an unauthorised assembly in 2019.
Their appeal centred on whether the conviction was proportionate to fundamental human rights protections, a principle set down in two non-binding decisions of Britain's Supreme Court known as "operational proportionality". The judgement came two months after the resignations of two British judges from Hong Kong's Court of Final Appeal , Lawrence Collins and Jonathan Sumption. Sumption said Hong Kong was becoming a totalitarian state and the city's rule of law had been "profoundly compromised".
Neuberger added the constitutional differences in Hong Kong and the UK "do not mandate a different approach when considering whether a restriction on the right of assembly is proportionate", but they "do require a different approach if the court concludes that the restriction is or may not be proportionate".
Martin Lee, 86, a founding chairman of Hong Kong's Democratic Party, barrister Margaret Ng, 76 and veteran pro-democracy politician Albert Ho, 72 were given suspended sentences.
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