Former pro-democracy lawmaker Au Nok-hin has received a nine-week jail term for assaulting two police officers with a megaphone, after prosecutors won an appeal over the original sentence of community service order.

Judges Jeremy Poon, Derek Pang and Anthea Pang ruled on Tuesday that the trial magistrate had been wrong in principle and the original sentence of 140 hours of community service was too lenient.

The crime was serious in nature, and it was the law’s intention to protect police officers in their job, they said.

Au, already remanded for national security charges, shouted “don’t despair” as he was escorted out of the courtroom.

The assaults took place during a standoff between protesters and police in the busy Mong Kok district in July, 2019 — a month after the anti-extradition bill protests in Hong Kong first began.

Au was in April convicted of causing hearing loss to a police officer by shouting through a megaphone and hitting another officer’s shield with the device.

Prosecutors said Au appeared agitated and his actions could have a “ripple effect,” stirring the emotions of other people at the scene. They dismissed the defense’s claim that Au was only trying to communicate with the police, saying he had used insulting words and had failed to put forward concrete demands.

The defense said while Au might have used the wrong method, his intention was to serve society as a lawmaker. He had lowered the megaphone as he questioned the police officer, the lawyer said.

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