HK court rejects Falun Gong ruling

Hong Kong's top court yesterday overturned criminal convictions against eight followers of the Falun Gong spiritual group accused of assaulting and obstructing police in a 2002 protest, in a case seen as a key test of judicial independence under Chinese rule.

"The freedom to demonstrate peacefully is a constitutional right," a summary of the court ruling said.

The decision may bolster confidence in Hong Kong's legal system, which has faced criticism in recent weeks that judicial independence is being eroded by meddling from Beijing.

"This decision gives more adequate protection to Hong Kong people, including Falun Gong followers, who protest and air their grievances peacefully," said Falun Gong spokesman Kan Hung-cheung (簡鴻章).

The case stemmed from a March 2002 protest against China's ban on Falun Gong, which Beijing considers to be an evil cult that threatens society. The spiritual movement wasn't banned in Hong Kong, but authorities arrested the demonstrators outside China's liaison office in Hong Kong. They were convicted of assaulting and obstructing police -- the first such convictions against Falun Gong in the territory, sparking fears that Beijing's crackdown on the group was expanding to Hong Kong.

The public was riveted by the case initially, but interest dropped off as the legal battle dragged on into appeals.

The Court of Final Appeal yesterday overturned the convictions, saying the demonstration was legitimate and the arrests were illegal. The court ruled that the defendants couldn't be held accountable for their behavior during their illegal detention.

The court said in its summary that freedom of expression is "at the heart of Hong Kong's system and the courts should give them a generous interpretation."

The ruling came amid complaints from pro-democracy lawmakers and legal experts that Hong Kong's law has been compromised by Beijing's interference during the past month.

Last week, China's most powerful legislative body resolved a constitutional dispute over how long Hong Kong's next leader should serve. Pro-democracy lawmakers and legal experts thought Hong Kong's courts should have resolved the issue.

Yesterday's ruling didn't ease the worries of Law Yuk-kai (羅沃啟), director of the Hong Kong Human Rights Monitor. Law said Hong Kong's judicial system is still undermined by China's power to issue rulings that pre-empt decisions by local courts.

Hong Kong courts could be "completely sidelined," Law said.

Beijing has issued legal decisions on Hong Kong twice before. The rulings blocked quick democratic reforms and limited the ability of Chinese to obtain residency rights in Hong Kong. Both stirred outrage.