Hong Kong’s High Court unanimously rejects appeal against Occupy convictions by Benny Tai, eight others

Reverend Chu Yiu-ming and retired sociologist Chan Kin-man also among group of nine convicted of public nuisance charges for blocking roads during the 79-day protests in 2014

Their lawyers had argued treating political rhetoric as criminal incitement could have ‘a very damaging, chilling effect on freedom of expression’

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Hong Kong legal scholar and activist Benny Tai on Friday lost his appeal against his Occupy Central conviction. Photo: Winson Wong

Published: 10:38am, 30 Apr 2021Updated: 7:44pm, 30 Apr 2021

Nine Hong Kong opposition leaders and activists have lost an appeal against their convictions for their roles in the 2014 Occupy protests.

The Court of Appeal on Friday delivered its unanimous ruling to the challenge mounted by the final group to be tried over the 79-day protest, also known as the umbrella movement. Among them were the movement’s three founders: legal scholar Benny Tai Yiu-ting, retired sociologist Chan Kin-man and Reverend Chu Yiu-ming.

The three-judge panel also unanimously dismissed appeals by Tai and League of Social Democrats chairman Raphael Wong Ho-ming against their sentences. Tai has yet to complete his 16-month term, while Wong, 32, has already served his eight-month stint. The pair were each convicted of two charges.

Outside court, Chan said he was “very disappointed” with the appeal judges’ failure to correct what he described as inappropriate charges that “gave too much power to the prosecution” and “did not protect the civil rights of the people”.

“We believe the court should respect the tradition of common law to give light sentences to those involved in civil disobedience, because civil disobedience is in the public interest and it is peaceful in nature,” said Chan, who had abandoned his own appeal against sentence.

Chan Kin-man (centre), along with Lee Wing-tat (left) and Shiu Ka-chun (right) speak to the press after receiving their verdict on Friday. Photo: Xiaomei Chen

Chan said they would discuss with their lawyers whether to mount a further appeal to the city’s top court, but added that they were concerned about monopolising resources that could be used to help others who are arrested or incarcerated.