Top Court To Hear Sixtus Leung's Conviction Appeal
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2021-03-04 HKT 16:14
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The Court of Final Appeal has agreed to hear a challenge by ousted lawmaker Sixtus Leung, who’s seeking to overturn his conviction for unlawful assembly.
Leung and his former Youngspiration colleague Yau Wai-ching were charged over their attempt to force their way into a Legislative Council meeting in 2016. They had been trying to get in the meeting on November 2, 2016 so they could retake their oaths of office.
The pair were disqualified as lawmakers over the oath-taking saga at the start of that Legco term.
Leung was convicted of unlawful assembly in 2018 and was jailed after losing the appeal in the Court of First Instance last year.
He then took the matter to the top court.
Leung argued that for an unlawful assembly conviction the prosecution must prove that his action would cause people at the scene to reasonably fear that he would commit a breach of the peace.
The Court of Final Appeal said his case was arguable and fixed a hearing for June 22.
Last December, Leung said he had fled Hong Kong and is seeking political asylum in the United States.
He also faces bankruptcy proceedings after Legco demanded that he return almost HK$1 million in salary and other funds that he received prior to his disqualification.