Hong Kong 47: lawyer wins appeal against jail term for obstructing police amid high-profile court case

Police cordoned off the court’s entrance in the evening and only allowed those related to the case to pass through.

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In Friday’s written verdict, Mr Justice Johnny Chan Jong-herng said the police’s decision was “fairly cautious but reasonable”, citing public interest in the case and the protests staged outside the building on the day of the hearing.

Chan also found “wholly sufficient evidential basis” to rule that Yau had not genuinely believed police lacked the authority to seal off the area and order him to produce identification documents before he could enter.

A pre-sentencing report submitted to the trial court recommended a community service order for the appellant, but Magistrate Andy Cheng Lim-chi refused after finding Yau’s remorse to be superficial.

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The magistrate said Yau had only admitted in the report that he was “reckless” but did not say he had deliberately broken the law.

Chan, however, cited a 2000 Court of Final Appeal ruling and said that a reckless act to impede police duty also constituted wilful obstruction.

The judge pointed out that the appellant’s remorse was indicated by his confession to his rash behaviour, adding the court could not exclude the possibility that Yau had little rest that day due to his long working hours.

Obstructing a police officer is punishable by up to two years in prison under the Offences against the Person Ordinance.