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The Hong Kong Court of Appeal on Friday reduced the sentences of four Hong Kong University Student Union (HKUSU) leaders who were convicted of glorifying a person who attacked police officers, according to local media. The court reduced their 24-month jail terms to 15 months.
The four former student leaders—Charles Kwok Wing-ho, Kinson Cheung King-sang, Chris Todorovski Shing-hang, and Anthony Yung Chung-hei—were accused of commemorating a man who committed suicide after stabbing a police officer in an HKUSU emergency council meeting in 2021.
On July 7, 2021, HKSU members passed a motion to mark the 24th anniversary of Hong Kong’s handover from British to Chinese rule by commemorating the death of Leung Kin-fai, who committed suicide after stabbing a police officer. Shortly after the Hong Kong government and the University of Hong Kong condemned the students for “beautifying blatant violence,” they rescinded the motion within seven days
The four defendents originally faced charges for allegedly advocating terrorism under the National Security Law. However, the prosecution later dropped these charges, as the applicants pleaded guilty to an alternative charge of incitement to wound with intent.
In court, defendant Cheung’s counsel Robert Pang Yiu-hung SC argued that lower courts falsely ruled that Cheung, as the chairman of the council, had the power to “direct the discussion” at the meeting. Quoting the Standing Orders of the Hong Kong University Students’ Union Council, the chairman only performs the roles of maintaining orders as well as presiding over meetings and motion votes. Pang argued that Cheung had no power to rescind the alleged motion.
Kay K.W. Chan, representing Kwok, raised that upon realizing his mistake, Kwok immediately resigned and apologized publicly and withdrew the controversial proposal. Chan also noted that Kwok initially admitted to the charge of “advocating terrorism” but later reached a plea deal with the prosecution, admitting to the alternative charge. He argued that Kwok should receive a sentence reduction of 20 percent to 25 percent.
High Court’s Chief Judge Jeremy Poon Shiu-chor warned the offense remained a “very serious” attempt to incite violence which warranted an immediate custodial sentence. Nevertheless, the court still found that the trial judge had set the starting point of sentence excessive at 35 months when assessing the culpability of the four applicants.
The court is expected to provide its full reasons for the decision within three months.
The post Hong Kong appeals court reduces sentences of 4 former student leaders convicted of ‘glorifying police attacker’ appeared first on JURIST - News.
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The four former student leaders—Charles Kwok Wing-ho, Kinson Cheung King-sang, Chris Todorovski Shing-hang, and Anthony Yung Chung-hei—were accused of commemorating a man who committed suicide after stabbing a police officer in an HKUSU emergency council meeting in 2021.
On July 7, 2021, HKSU members passed a motion to mark the 24th anniversary of Hong Kong’s handover from British to Chinese rule by commemorating the death of Leung Kin-fai, who committed suicide after stabbing a police officer. Shortly after the Hong Kong government and the University of Hong Kong condemned the students for “beautifying blatant violence,” they rescinded the motion within seven days
The four defendents originally faced charges for allegedly advocating terrorism under the National Security Law. However, the prosecution later dropped these charges, as the applicants pleaded guilty to an alternative charge of incitement to wound with intent.
In court, defendant Cheung’s counsel Robert Pang Yiu-hung SC argued that lower courts falsely ruled that Cheung, as the chairman of the council, had the power to “direct the discussion” at the meeting. Quoting the Standing Orders of the Hong Kong University Students’ Union Council, the chairman only performs the roles of maintaining orders as well as presiding over meetings and motion votes. Pang argued that Cheung had no power to rescind the alleged motion.
Kay K.W. Chan, representing Kwok, raised that upon realizing his mistake, Kwok immediately resigned and apologized publicly and withdrew the controversial proposal. Chan also noted that Kwok initially admitted to the charge of “advocating terrorism” but later reached a plea deal with the prosecution, admitting to the alternative charge. He argued that Kwok should receive a sentence reduction of 20 percent to 25 percent.
High Court’s Chief Judge Jeremy Poon Shiu-chor warned the offense remained a “very serious” attempt to incite violence which warranted an immediate custodial sentence. Nevertheless, the court still found that the trial judge had set the starting point of sentence excessive at 35 months when assessing the culpability of the four applicants.
The court is expected to provide its full reasons for the decision within three months.
The post Hong Kong appeals court reduces sentences of 4 former student leaders convicted of ‘glorifying police attacker’ appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.