On 17 August 2017, three Hong Kong pro-democracy activists, Alex Chow, Nathan Law and Joshua Wong, were given prison sentences by the Court of Appeal for their roles in a protest at the Civic Square in front of the Central Government Complex in Tamar, Admiralty, on 26 and 27 September 2014.
The government appealed their sentences and successfully pursued harsher punishments on the grounds that their crime involved a large-scale unlawful assembly with a high risk of violence.
[4] On 14 July 2017, Law became one of six pro-democracy legislators removed from office due to legal action by the Hong Kong Government regarding their manners during the oath-taking ceremony.
On 26 April 2004, the Standing Committee of the National People's Congress (NPCSC), a mainland Chinese legislative body, ruled out the possibility that universal suffrage would be allowed in 2007.
[9] The incident which led to the sentencing took place in the forecourt of the East Wing of the Central Government Complex, known more commonly as the Civic Square.
In response, around 16 July 2014 work began on a permanent three-metre high metal fence, closing off the Civic Square from Tim Mei Avenue.
[10] Concurrently with the fortification of the square, the government's controversial democratic reform proposals, coupled with the 831 decision, were triggering discontent and protests.
Police managed to regain control of the square, and kettled dozens of protesters on the circular base of the flagpoles, where they were denied access to water and the toilet.
Chow was sentenced to three weeks in prison with a one-year suspension to allow him to continue his education at the London School of Economics as planned.
[15] Immediately following the sentencing, Law said that they respected the decision of the court, and alleged that the Public Order Ordinance was "suppressing [their] freedoms to assemble and protest".
The judges found that the case involved a large-scale unlawful assembly with a high risk of violence, and the crimes were serious, calling for deterrent custodial sentences.
Academic Benny Tai at The University of Hong Kong, who also faces prosecution for his role in the 2014 protests, stated that civil disobedience to "challenge the law or acts of injustice by the government" is a necessary part of a civilised society.
"[29] Former chairman of the Hong Kong Bar Association and Civic Party politician Alan Leong commented that the appeal was "certainly politically motivated".
[28] Several different organisations held a public protest march on 20 August 2017, which started at the Southorn Playground and ended with a rally at the Court of Final Appeal Building.
[35] Hua Chunying, spokeswoman for China's Ministry of Foreign Affairs, stated: No one shall engage in illegal and violent activities under the pretext of "democracy" or "freedom".
The Chinese side firmly opposes any external forces' interference in the affairs and judicial independence of the Hong Kong Special Administration Region.
[38]The Taiwanese government expressed its "deep regret" over the jail sentences, and reiterated Taiwan's "long-standing stance to support Hong Kong people to pursue democracy, freedom, the rule of law and human rights".
"[39][40] Nancy Pelosi, leader of the United States Democratic Party in the U.S. House of Representatives, called the ruling an injustice that should "shock the conscience of the world".
She described the prison sentence as an "egregious decision", and that the resulting disqualification of Wong, Law and Chow to run for public office was unjust.
[27] The group also questioned whether punishing the activists twice (as Wong, Law, and Chow had already served their initial community service orders) contraveneds provisions against double jeopardy in the International Covenant on Civil and Political Rights.
[42] In September 2017, Hong Kong slipped five places in the judicial independence category of the latest global competitiveness ranking compiled by the Geneva-based non-profit organisation World Economic Forum.
"[45] Similarly, Mabel Au, a spokeswoman for Amnesty International Hong Kong, commented, "the relentless and vindictive pursuit of student leaders using vague charges smacks of political payback by the authorities.