Former Hong Kong governor Chris Patten says legislation is being used to hand out tough sentences to activists, while ex-director of public prosecutions Grenville Cross argues sending a deterrent is a duty for the city’s courts
A Hong Kong court’s decision to hand independence activist Edward Leung Tin-kei six years in jail for his role in the 2016 Mong Kok riot was a harsh sentence, legal scholars and lawmakers across the political spectrum said on Monday.
While conservative politicians argued it was necessary to create a deterrent, liberal and pro-democracy legislators said the ruling failed to take Leung’s motives into account. They called on the government to address squarely discontent among the city’s youth.
Former Hong Kong governor Chris Patten also weighed in by slamming the “vaguely drafted” Public Order Ordinance under which Leung was convicted. He said the law was open to abuse.
“It is disappointing to see that the legislation is now being used politically to place extreme sentences on the pan-democrats and other activists,” Patten said in a statement.
Leung, the 27-year-old poster boy for the city’s independence movement, was jailed along with co-defendant Lo Kin-man, 31, by the High Court on Monday. Lo was handed seven years in prison, the heaviest punishment so far for a participant in the 2016 riot.
Madam Justice Anthea Pang Po-kam described the unrest two years ago as “organised violence” that was extremely serious in nature.
It could not be mitigated by one’s political aspirations, she said.
Legal scholars and lawmakers from across the political spectrum said the punishment imposed on Leung was harsh.
“Leung was only convicted of participating in the riot and was cleared of incitement… It is on the very heavy side to sentence him to six years,” said Professor Johannes Chan Man-mun, a former law dean at the University of Hong Kong and an expert on human rights.
“The leader of the unrest might bear a bigger responsibility, but there is no evidence in this case suggesting Leung incited the riots.
