A leading constitutional law scholar has said that it was unfair for a judge to blame a group of pro-democracy activists for violence that occurred on the day of their protest, since the activists themselves had always advocated a peaceful approach.

Speaking on a radio program on Monday, University of Hong Kong law professor Johannes Chan said he had noticed public concern that the 14-18 month jail sentences for activists who participated in an unauthorized assembly in October 2019 were too heavy.

Chan said the sentences would be understandable if the march or rally itself had involved violence. But when passing sentence, Judge Amanda Jane Woodcock had placed blame on the defendants for violence that occurred at the same time as their protest or after it had finished.

In her judgment, Woodcock said it was naive and unrealistic for the defendants to expect that the protest would proceed peacefully considering the unrest unfolding in Hong Kong at the time.

Chan said he believed that the judge had not taken into account that the defendants had always advocated peace and rationality, and if these truly were their sincere beliefs, the starting point for sentencing should be different.

Even though the court has the responsibility to maintain public order, Chan said, if the court’s judgments deviate from the expectations or standards of the community, it would cause a loss of confidence in the court.

In response to reports that Woodcock’s office had received threatening phone calls after the sentences were passed, Chan said such behavior violates the spirit of the rule of law and should be condemned.

Separately, Beijing’s office in charge of Hong Kong affairs called for severe punishment for those responsible for the threatening calls. The Hong Kong and Macao Affairs Office said the threats violated the Crimes Ordinance as well as the national security law.

Apple Daily founder Jimmy Lai was among 10 activists sentenced to jail terms ranging from 14 to 18 months for their involvement in the October 1, 2019, protest. The judge said that the “politics, beliefs, opinions of any of the defendants and the strength of their convictions are irrelevant to sentencing.”

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