On Aug 12, the Hong Kong Court of Final Appeal (CFA) dismissed appeals by former media tycoon Jimmy Lai Chee-ying and six former lawmakers, including Martin Lee Chu-ming, who sought to overturn their convictions for participating in an unauthorized assembly during the social unrest in 2019.

Grenville Cross, a senior counsel and law professor, former director of public prosecutions of the Hong Kong Special Administrative Region, believes the decision upholds the rule of law and is a “carefully reasoned” judgment.

1. Q: Do you think the justifications provided by the Justices are compelling?

A: This is a carefully reasoned judgment, grounded in legal principle. Although the importance of proportionality is acknowledged when restrictions are placed on the basic rights of citizens, the judgment makes clear that the local law on participation in unauthorized assemblies is wholly legitimate from a constitutional perspective. The attempt by the appellants to drive a coach and horses through the Public Order Ordinance by placing reliance on different legislative arrangements existing elsewhere was bold and has been firmly rejected by all five judges, including Lord Neuberger, the former president of the Supreme Court of the United Kingdom. The judges’ reasoning is impeccable, and people now know exactly where they stand when it comes to participating in unauthorized assemblies.

2. Q: How do you evaluate court’s decision?

A: ⁠The CFA’s judgment not only demonstrates its principled independence but also its inherent common sense. It will be welcomed by everybody who values the rational development of the criminal law in Hong Kong. It is an exercise in judicial excellence, and the last word on the subject. The quality of the judgment once again demonstrates the importance of the CFA’s role in ensuring the proper development of criminal justice and upholding the rule of law.

Grenville Cross is a senior counsel and law professor, former director of public prosecutions of the Hong Kong Special Administrative Region.

The views do not necessarily reflect those of China Daily.