A Hong Kong woman who had already completed a 14-month prison sentence for unlawful assembly has lost her appeal against both her conviction and sentence in a case stemming from the 2019 protests surrounding Hong Kong Polytechnic University.
According to The Witness, Liu Song-qi was among people who gathered near the Hong Kong Science Museum Piazza in Tsim Sha Tsui on Nov. 18, 2019, as protesters remained surrounded by police inside nearby Polytechnic University. Liu was 26 at the time.
Twenty defendants were charged with unlawful assembly in connection with the gathering. The Witness reported in its earlier coverage of the case that one defendant pleaded guilty while the remaining 19, including Liu, contested the charge.
Appeal dismissed after sentence completed
Liu appeared without a lawyer before a three-judge Court of Appeal panel on Sept. 30. The Witness reported that Liu had already completed her 14-month sentence but confirmed that she wanted to continue challenging both her conviction and punishment.
The court was told that Liu had not applied for legal aid. She had read the Department of Justice’s written submissions and told the judges that she would rely on her own written submissions without making additional oral arguments.
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The Department of Justice likewise relied on its written arguments. According to The Witness’s account of the hearing, prosecutors argued that the trial judge had heard Liu’s testimony and reached findings based on the evidence, saying there was no indication that the original ruling was “completely contrary to logic.”
When asked whether she wished to respond, Liu said, “I have nothing in particular to respond to.”
A judge then asked her again, “You really have nothing else to say?”
Liu replied, “I have nothing to say. I understand.”
After a brief discussion, the three judges dismissed her appeals against both the conviction and sentence. The Witness reported that the court would issue its written judgment within six months.
Trial judge cited her presence and protective items
Liu was convicted of unlawful assembly in November 2023 and sentenced the following month to 14 months in prison.
At trial, Liu said she had entered the Science Museum Piazza because she needed to travel to Hung Hom Station. The trial judge rejected that explanation as not credible, according to The Witness.
The judge concluded from the evidence that Liu had already been within the area of the unlawful assembly before police advanced and had chosen to remain there. The court found that by staying with the crowd, Liu had supported, encouraged or assisted other protesters participating in the unlawful assembly.
The judge also cited the mask and saline solution Liu was carrying. The Witness reported that the court viewed the items as evidence that Liu had planned to join the gathering rather than simply finding herself there by chance.
Polytechnic University confrontation became a flashpoint
The confrontation at Polytechnic University became one of the most intense episodes of Hong Kong’s months-long anti-government protests in 2019.
By Nov. 19, about 100 protesters remained trapped inside the university after repeated attempts to leave the campus, according to Reuters. Police used rubber bullets, water cannon and tear gas, while protesters used petrol bombs and other improvised weapons during clashes around the campus.
Large numbers of people also gathered in surrounding districts in support of those inside the university. Police arrested protesters and others attempting to move through areas surrounding the campus as authorities sought to contain the unrest.
The police operation drew criticism from human rights organizations. Amnesty International said at the time that police had fired tear gas and rubber bullets at people attempting to leave the university and called on authorities to de-escalate the confrontation. Amnesty also renewed its call for an independent investigation into allegations concerning police use of force during the wider protest movement.
Hong Kong authorities rejected calls for a separate independent inquiry and relied instead on the Independent Police Complaints Council to examine the events.
That process also became controversial. A five-member panel of overseas experts brought in to advise the police watchdog stepped aside in December 2019. The experts said there was a “crucial shortfall” in the IPCC’s powers, capacity and independent investigative capability, according to contemporaneous reporting on the panel’s decision.
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