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The Hong Kong Court of Final Appeal overturned on Thursday the acquittal of pro-democracy activist Chow Hang-tung in reinstating her conviction of inciting others to participate in an unauthorized assembly under Section 17A(3)(a) of the Public Order Ordinance and the common law. Chow was previously sentenced to 15 months prison on January 4, 2022 over inciting others to participate in Hong Kong’s Tiananmen Square vigil, which was held on June 4, 2021. She organized the vigil, which commemorates the victims of the 1989 Tiananmen Square Massacre. The vigil was prohibited by the police as a COVID-19 curb prior to it being held.
The High Court previously quashed Chow’s conviction on December 14, 2022 by finding that Chow could challenge the police prohibition on the vigil in a criminal trial. The court also considered the operational proportionality of the prohibition in light of prevailing circumstances then. The court found that the police did not discharge their positive duty under Section 9(4) of the Public Order Ordinance and failed to consider practical measures to facilitate the assembly.
However, the Court of Final Appeal overturned the High Court’s decision. It held that Chow could not challenge the legality of a police prohibition as a defense in criminal proceedings. The court held:
In addition, the court rejected Chow’s argument which claimed that the police unlawfully and disproportionately interfered with her fundamental rights in prohibiting the vigil. The court found that the police prohibition on the vigil was rationally connected to the aim of protecting public health.
Chow organized the Tiananmen Square vigil when she was vice-chair of pro-democracy group Hong Kong Alliance in Support of Patriotic Democratic Movements of China. On November 2, 2023, the Hong Kong High Court dismissed Chow’s application which sought to declare her as a party to the injunction appeal proceedings of the protest-related song “Glory to Hong Kong.” On March 11, 2023, Chow was sentenced to four and a half months in prison over failing to comply with a national security police data request.
The post Hong Kong top court overturns acquittal of Tiananmen Square vigil organizer appeared first on JURIST - News.
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The High Court previously quashed Chow’s conviction on December 14, 2022 by finding that Chow could challenge the police prohibition on the vigil in a criminal trial. The court also considered the operational proportionality of the prohibition in light of prevailing circumstances then. The court found that the police did not discharge their positive duty under Section 9(4) of the Public Order Ordinance and failed to consider practical measures to facilitate the assembly.
However, the Court of Final Appeal overturned the High Court’s decision. It held that Chow could not challenge the legality of a police prohibition as a defense in criminal proceedings. The court held:
In addition, the court rejected Chow’s argument which claimed that the police unlawfully and disproportionately interfered with her fundamental rights in prohibiting the vigil. The court found that the police prohibition on the vigil was rationally connected to the aim of protecting public health.
Chow organized the Tiananmen Square vigil when she was vice-chair of pro-democracy group Hong Kong Alliance in Support of Patriotic Democratic Movements of China. On November 2, 2023, the Hong Kong High Court dismissed Chow’s application which sought to declare her as a party to the injunction appeal proceedings of the protest-related song “Glory to Hong Kong.” On March 11, 2023, Chow was sentenced to four and a half months in prison over failing to comply with a national security police data request.
The post Hong Kong top court overturns acquittal of Tiananmen Square vigil organizer 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.