Prosecutors call for ban on Public Order Ordinance debates in trial of Jimmy Lai, six activists
Apple Daily founder Jimmy Lai, Democratic Party founding chairperson Martin Lee and five other pro-democracy activists should stop debating the constitutionality of the Public Order Ordinance, the prosecution demanded on Thursday, as their trial proceeded to the examination of witnesses.
The prosecution counsel Benjamin Yu’s Thursday demand came after the District Court judge Amanda Jane Woodcock ruled on the previous day that the seven defendants had a case to answer, meaning there was sufficient evidence to support a prosecution. The defendants decided not to call any witnesses.
The seven have been charged with allegedly organizing and participating in an unauthorized assembly on Aug. 18, 2019, during the citywide anti-government protest movement. It is one of the most high-profile prosecution cases targeting prominent pro-democracy leaders since the demonstrations broke out in June that year.
The defense counsel on Thursday argued whether the regulations under the city’s Public Order Ordinance were unconstitutional, and encroached on people’s freedom of peaceful assembly.
Under the ordinance, those convicted of organizing an illegal assembly could be handed a maximum penalty of five years in prison, which the defense said was too harsh. The seven defendants’ attorney emphasized that peaceful gatherings should not be restricted by the ordinance.
Yu argued that the Public Order Ordinance could prevent those peaceful assemblies from evolving into an outbreak of violence.
Apart from Lee and Lai, the defendants include former lawmakers Lee Cheuk-yan, Albert Ho, Margaret Ng, Leung Kwok-hung and Cyd Ho. Two others — former legislators Leung Yiu-chung and Au Nok-hin — have pleaded guilty.
The hearing will continue at the District Court on Friday.
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