Hong Kong Law & Crime Politics & Protest

Court denies activist Raphael Wong permission to challenge Occupy protest conviction

The Court of Appeal refused to grant activist Raphael Wong permission to challenge his contempt of court conviction at the Court of Final Appeal on Thursday. Wong will now take his appeal to the city’s highest court.

The League of Social Democrats vice-chair was among 20 protesters jailed in 2014 over failing to comply with an injunction to clear the Umbrella Movement protest site in Mong Kok. He pleaded not guilty and was imprisoned for four-and-a-half months. He was not allowed to post bail.

Raphael Wong

Raphael Wong. Photo: In-Media.

Wong had his appeal to overturn the jail sentence rejected by the Court of Appeal in March this year, and subsequently applied for leave to challenge his conviction at the Court of Final Appeal. He completed his sentence in April.

The activist previously said that the prosecution had to prove his intent for criminal contempt, and that he should not have been found guilty for simply refusing to leave the protest site.

Lester Shum Raphael Wong Chan Po-ying

Defendants of the Occupy clearance case: Lester Shum, Raphael Wong and Chan Po-ying. Photo: In-Media.

But the Court of Appeal said on Thursday that, although the appeal was of public importance, it was too broad and not “reasonably arguable.” The court will leave the matter to the Court of Final Appeal to determine whether to accept Wong’s application.

Wong was ordered to pay HK$62,000 in legal fees.

Court denies activist Raphael Wong permission to challenge Occupy protest conviction