HONG KONG (AP) 鈥 Hong Kong鈥檚 top court on Thursday restored a prominent detained activist鈥檚 conviction over a banned vigil commemorating the 1989 Tiananmen crackdown on pro-democracy protesters, marking the latest setback for the city鈥檚 democracy supporters.
Chow Hang-tung, a former leader of the now-disbanded Hong Kong Alliance in Support of Patriotic Democratic Movements of China, had been sentenced to 15 months in prison in January 2022 for inciting others to take part in the vigil banned by the police on public health grounds during the COVID-19 pandemic in 2021.
For decades, the annual vigil organized by the alliance was the only large-scale public commemoration of the 1989 crackdown on Chinese soil and was attended by massive crowds until , citing anti-pandemic measures.
In December 2022, Chow won her appeal against her conviction in a rare victory for the city鈥檚 activists under Beijing's crackdown on dissidents.
At that time, a High Court judge ruled that although Chow had encouraged others to gather at a park, it was not a crime because the legality of the ban was not established. In quashing her original conviction, the judge ruled that the police had failed to discharge their positive duty to take the initiative in considering feasible measures as conditions enabling the annual vigil to be held.
But the government appealed against the judge's decision.
On Thursday, the Court of Final Appeal restored Chow's conviction. Justice Roberto Ribeiro said in a written judgement the police's ban was a 鈥減lainly a proportionate and legitimate measure."
If the police chief 鈥済ives genuine consideration to whether the specified interests can be met by the imposition of certain conditions but reasonably decides that this cannot be achieved, he is not required... to refrain from prohibiting the assembly," Ribeiro said.
The alliance was best known for organizing candlelight vigils in Hong Kong鈥檚 Victoria Park on the anniversary of the 1989 China military鈥檚 crushing of Tiananmen Square pro-democracy protests. But it under the shadow of a Beijing-imposed national security law.
Supporters say its closure has shown freedoms and autonomy that were promised when the former British colony returned to China in 1997 are diminishing.
Last year, Victoria Park organized by pro-Beijing groups to celebrate the 1997 handover even after COVID-19 restrictions were lifted. As authorities erased reminders of the massacre, some Hong Kongers by distributing LED candles, writing about the crackdown, or buying books about it.
Amnesty International's China director, Sarah Brooks, said in a statement on Thursday that the top court 鈥渉as levelled another blow to the rule of law鈥 in the financial hub.
鈥淲ith this ruling, we worry police will enjoy even greater leeway to restrict peaceful assemblies. Peaceful protest is not a crime,鈥 she said.
Chow was also in jail for failing to provide authorities with information on the alliance last year. Separately, she and two other former alliance leaders, Lee Cheuk-yan and Albert Ho, under the national security law.
The law criminalizes secession, subversion, and collusion with foreign forces to intervene in the city鈥檚 affairs as well as terrorism. Many pro-democracy activists were silenced or jailed after its enactment in 2020. But Beijing and Hong Kong governments hailed it for bringing back stability to the city.
