San Francisco Chronicle

Top court: No prison time for activists

- By Kelvin Chan Kelvin Chan is an Associated Press writer.

HONG KONG — Hong Kong’s highest court on Tuesday overturned prison sentences for three young pro-democracy activists convicted for their roles in kicking off 2014’s “Umbrella Movement” protests in the semiautono­mous Chinese city.

A panel of five judges sided with Joshua Wong, Nathan Law and Alex Chow in their appeal against months-long prison terms for unlawful assembly.

The case sparked controvers­y because a magistrate initially gave the three lenient sentences but the justice secretary requested a review that resulted in prison time ranging from six to eight months, raising worries about judicial independen­ce and rule of law in the former British colony.

The Court of Final Appeal’s ruling was an unexpected victory for the city’s youthful opposition movement after recent setbacks. But the activists said they feared it would have a chilling effect on future protests because the judges also said they endorsed the lower court’s view that a new, tougher sentencing approach was needed for unlawful assemblies.

“Even a low degree of violence” requires an immediate prison sentence, said Chief Justice Geoffrey Ma.

The three were convicted on unlawful assembly charges for their part in storming a courtyard at government headquarte­rs in 2014 to protest Beijing’s plan to restrict elections, kicking off Hong Kong’s most turbulent period in decades.

Wong, 21, Law, 24, and Chow, 27, had already served about two months of their sentences before they were bailed for their appeal.

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