The Court of Appeal on Wednesday heard an appeal by activist Joshua Wong over his three-month jail sentence for ignoring a court injunction during the clearance of an Occupy Movement protest site in Mong Kok in 2014.
The Demosisto secretary-general has been out on bail since January last year pending the outcome of this appeal.
Speaking before a three-judge Court of Appeal panel, Wong’s lawyer, Lawrence Lok, said there's no evidence to show his client had led others to defy the injunction, saying Wong had simply asked questions to bailiffs in an attempt to allay the concerns of other protesters.
Lok stressed that although Wong is a well-known social activist, the court should not penalise him for his status, but for what he actually did.
He also urged the court to take into account the fact that Wong was only 21 when he was sentenced to his prison term, saying his young age should be taken into account in the sentence. Lok said the court should consider a suspended prison term.
But the lawyer representing the Department of Justice says age is just one of many factors the sentencing judge can take into account. He maintained that the Demosisto founder did play a leading role in the obstruction, saying he had "escalated the tension and increased the risk of protests" in Mong Kok.
The court has reserved judgement for a later date, and Wong remains free on bail.