HK Siege: Appeals Court Reduces 2019 Jail Terms Up To 6 Months

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Hong Kong Court Reduces Jail Terms for 2019 PolyU Protest Defendants

– A Hong Kong court has lessened the prison sentences for ten individuals convicted of rioting near the Polytechnic University (PolyU) during the tumultuous 2019 protests. The reductions, ranging up to six months, follow appeals challenging the original sentencing.

The Court of Appeal (CA) delivered its ruling on Wednesday, granting relief to the ten appellants who had previously been sentenced to terms between three years and ten months and six years for their involvement in one of the most intense confrontations between protesters and police during the 2019 unrest. The events surrounding PolyU remain a potent symbol of the period’s widespread dissent.

polyu polytechnic university protest siege bricks water cannon
Protesters near Hong Kong’s Polytechnic University in November 2019. File photo: Jimmy Lam/United Social Press.

The PolyU Siege: A Turning Point in the 2019 Protests

The PolyU siege in November 2019 marked a critical juncture in the anti-government movement. For days, hundreds of protesters found themselves trapped within the university campus, encircled by a substantial police presence. Simultaneously, large crowds of supporters gathered nearby, attempting to breach the police lines and provide assistance. The situation escalated into a prolonged standoff, characterized by clashes, tear gas deployment, and widespread concern for the safety of those inside.

On November 18th, the ten defendants attempted to escape the police blockade, but were apprehended during their departure. Their subsequent trial resulted in significant jail sentences, reflecting the severity with which the authorities viewed their actions. The initial sentencing sparked debate regarding the proportionality of the punishment, particularly given the broader political context of the protests.

The appellate judges, Derek Pang, Maggie Poon, and William Tam, acknowledged the trial judge Adriana Tse’s assessment of the protesters’ organization, noting they appeared β€œas though they were a seasoned army.” However, they determined that the initial six-year starting point for one of the rioting charges was unduly harsh, reducing it to 5.5 years. This adjustment formed the basis for subsequent reductions in the sentences of eight other defendants.

Tse Yuen-siu, initially sentenced to four years and eight and a half months, including time for possessing a walkie-talkie deemed an aggravating factor, received the largest reduction of six months. This highlights the court’s consideration of specific circumstances surrounding each defendant’s case.

Hong Kong's High Court on November 11, 2024. Photo: Kyle Lam/HKFP.
Hong Kong’s High Court. File photo: Kyle Lam/HKFP.

Chu Kin-kwan, a nurse who maintained her innocence throughout the trial and received a six-year sentence, benefited from a two-month reduction due to her voluntary work during the Covid-19 pandemic in 2020. This demonstrates the court’s willingness to consider mitigating factors beyond the immediate offense. However, the appeals of Chu and Ma Kin-long, both sentenced to six years, were rejected, and Ma did not receive any sentencing reduction.

The events at PolyU unfolded against a backdrop of widespread protests that began in June 2019, initially sparked by a controversial extradition bill. These demonstrations rapidly evolved into a broader movement demanding greater democracy and accountability, fueled by concerns over Beijing’s increasing influence in Hong Kong. The protests witnessed escalating clashes between protesters and police, with demonstrators voicing demands for an independent investigation into police conduct, amnesty for arrested protesters, and a halt to the characterization of protests as β€œriots.”

Did You Know?: The PolyU campus became a symbol of resistance, with protesters constructing elaborate barricades and utilizing innovative tactics to evade police attempts to enter the grounds.

The reduced sentences reflect a complex interplay of legal considerations and the enduring legacy of the 2019 protests. As Hong Kong navigates its evolving political landscape, the events at PolyU continue to serve as a reminder of the deep-seated tensions and aspirations that shaped a pivotal moment in the city’s history. What impact will these reduced sentences have on future protest-related cases in Hong Kong? And how will the memory of PolyU continue to shape the city’s political discourse?

Name Original sentence Sentence after appeal
Mok Tsz-mei 52 months 47.5 months
Chu Kin-kwan 72 months 70 months
Alex Ming 48 months 43.5 months
Cheng Cheuk-lam 52 months 47.5 months
Tse Yuen-siu 56.5 months 50.5 months
Lam Yuk-kwan 52 months 47.5 months
Felix Sze 52 months 47.5 months
Leung Kung-ho 46 months 42 months
Cheung Chin-ming 61 months 56.5 months
Chan Ka-fung 52 months 47.5 months
Ma Kin-long 72 months Appeals rejected

Frequently Asked Questions About the PolyU Protests and Sentencing

What were the primary causes of the 2019 protests in Hong Kong?
The protests initially erupted in response to a proposed extradition bill that would have allowed for the transfer of criminal suspects to mainland China. However, they quickly broadened to encompass wider concerns about democratic freedoms, police brutality, and Beijing’s increasing influence over Hong Kong.
What role did the Polytechnic University (PolyU) play in the 2019 Hong Kong protests?
PolyU became a focal point of the protests in November 2019 when hundreds of protesters occupied the campus and became besieged by police. The siege lasted for days and resulted in intense clashes and widespread concern for the safety of those trapped inside.
What is the significance of the recent sentencing reductions for the PolyU protest defendants?
The sentencing reductions indicate a degree of judicial reassessment regarding the severity of the original punishments. It suggests a nuanced consideration of the circumstances surrounding the protests and the individual cases of the defendants.
Why were the appeals of Chu Kin-kwan and Ma Kin-long not overturned despite the sentencing reductions?
The Court of Appeal upheld the rioting convictions of Chu Kin-kwan and Ma Kin-long, indicating that the court found sufficient evidence to support their guilt despite acknowledging mitigating factors in Chu’s case.
What is the current legal status of individuals involved in the 2019 Hong Kong protests?
Many individuals involved in the 2019 protests have faced arrest and prosecution under various laws, including those related to rioting, unlawful assembly, and sedition. The legal landscape remains complex and evolving.

Share this article to help spread awareness about the ongoing legal ramifications of the 2019 Hong Kong protests. Join the conversation in the comments below – what are your thoughts on the court’s decision and its implications for the future?

Disclaimer: This article provides information for general knowledge and informational purposes only, and does not constitute legal advice.

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