Incitement conviction for Tiananmen Square commemoration activist quashed by Hong Kong judge
- Judge rules in favour of Chow Hang-tung on grounds police had failed to consider suggestions on how event could be held safely
- But lawyers for the government side signal intent to appeal against the High Court decision
Hong Kong police failed to justify their ban on last year’s candlelight vigil to mark the 1989 Tiananmen Square crackdown, a judge ruled as she quashed an incitement conviction for a former vice-chairwoman of the group behind the annual event.
The High Court on Wednesday found in favour of Chow Hang-tung after it said the police had not given serious consideration to the organisers’ suggestions on how the gathering on June 4 could be held safely as the city was in the grip of Covid-19 restrictions.
“Apart from banning the assembly, I am of the view that the evidence did not show the police had discharged their positive duty … and considered adopting practicable measures to allow and facilitate the assembly,” Madam Justice Judianna Barnes said in her written judgment.
“The prosecution failed to establish the legality of the prohibition order,” she ruled. “I find the appellant’s challenge successful.”
But Chow, a 37-year-old barrister and activist, is not yet in the clear because prosecutors indicated they wanted to lodge an appeal with the city’s top court, the Court of Final Appeal.