A Hong Kong court has refused to allow appeal bids filed by five people who were jailed for rioting near the Hong Kong Polytechnic University (PolyU) in 2019.
Chan Yin-wang, Teresa Cheung, Chu Kwok-chi, Xavier Ko, and Lam Fung-chi appeared at the Court of Appeal on Thursday for their leave to appeal application.
They are currently serving five-year jail terms, handed down by a District Court judge in November 2023 after they were found guilty of taking part in a riot in Yau Ma Tei on November 18, 2019.
That week in 2019, protesters and police officers were locked in an intense standoff at PolyU in neighbouring Hung Hom, as many answered online calls urging people to take to the streets to support those trapped on campus.
Cheung and Lam attempted to appeal both their sentences and guilty convictions, Ko and Chan attempted to appeal their sentences, while Chu attempted to appeal her conviction.
Cheung represented herself, while the other four had legal representatives.
Chan’s lawyer told the court that his client went to church during the 10 months while awaiting his verdict. The District Court judge did not sufficiently consider Chan’s rehabilitation, the lawyer said.
Judge Anthea Pang, who sat on the three-judge panel, said Chan could have pleaded guilty to show his regret, but he chose to plead not guilty.
Another judge, Maggie Poon, said sentences were based on a host of considerations and not just “saying a prayer, going to church, and doing some volunteering.”
‘A war zone’
Representing Ko, lawyer David Ma said the District Court judge did not take into account his client’s young age. Ko was 18 years old at the time of the offence.
Ma said the same judge gave a sentence discount to a young defendant who had pleaded guilty in the same case. He said that judge did not explain why a reduced sentence based on age was offered only when the defendant pleaded guilty.
In response, Judge Pang cited the District Court judge’s sentencing judgment, which read in Chinese: “Being young is not a cure-all. The scene was a war zone, and even a young person would know that such behaviour would lead to serious legal consequences.”
Cheung, who represented herself, did not explain her reasons for attempting to appeal to the court.
The hearing was adjourned for 30 minutes, after which the judges rejected all the appeal bids. The judges will issue their reasons in writing within six months.
Protests erupted in June 2019 over a since-axed extradition bill. They escalated into sometimes violent displays of dissent against police behaviour, amid calls for democracy and anger over Beijing’s encroachment. Demonstrators demanded an independent probe into police conduct, amnesty for those arrested and a halt to the characterisation of protests as “riots.”
