conviction

Hong Kong appeals court overturns Jimmy Lai’s fraud conviction | Freedom of the Press News

Surprise ruling comes weeks after the media mogul was convicted and jailed for 20 years on national security charges.

A Hong Kong appellate court has overturned a fraud conviction against pro-democracy media tycoon Jimmy Lai in a surprise ruling weeks after his jailing for 20 years on a separate national security charge.

The ruling by the Court of First Instance on Thursday said that it allowed the appeal from Lai and ⁠another defendant in the case to proceed as a lower court judge had “erred”.

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“[We] allow the appeals, quash the convictions and set aside the sentences,” the judges wrote.

The conviction that was overturned was from an earlier fraud case in which prosecutors alleged that a consultancy firm operated by Lai, 78, for his personal use had taken up office space that his now defunct media business – Apple Daily – rented for publication and printing purposes.

This was in breach of the terms of the lease Apple Daily signed with a government company and amounted to fraud, prosecutors said.

Lai had been sentenced to five years and nine months in prison in 2022 on the two fraud charges.

Former Apple Daily executive Wong Wai-keung was also charged in the same case and jailed for 21 months.

Judges at the Court of Appeal wrote in their judgement that while Apple Daily Printing had breached the lease terms by allowing the firm to use part of the space, it didn’t owe a duty to disclose its breach. They said even if it had owed and breached that duty, the same could not be attributed to Lai and Wong as a matter of law.

The trial judges’ “reasoning in concluding that the applicants were liable for the concealment as the prosecution contended is unsupportable”, they said.

Neither defendant appeared in court.

The ruling would slightly reduce Lai’s total prison time. The judges handling Lai’s national security case allowed the two sentences to be served concurrently for only two years, with the other 18 years to be added after the fraud sentence.

The lengthy sentence – over ‌two counts of conspiracy to collude with foreign forces and one for publishing seditious materials – has raised concerns that he could spend the rest of his life in prison.

Lai’s children have expressed hopes that a visit by United States President Donald Trump to Beijing could help secure the release of their father, a British citizen. The White House has confirmed that Trump will travel to China on March 31 through April 2 to meet Chinese leader Xi Jinping.

United Kingdom Foreign Secretary Yvette Cooper has said Lai was sentenced for exercising his right to freedom of expression and called on the Hong Kong authorities to release him on humanitarian grounds.

Chinese and Hong Kong authorities have defended Lai’s sentencing in the national security case, saying it reflected the spirit of the rule of law. They also insisted the security law is necessary for the city’s stability.

In a separate ruling on Thursday, a Hong Kong court sentenced the father of a wanted pro-democracy activist to eight months in prison under the city’s national security law for attempting to withdraw funds belonging to an “absconder”.

Kwok Yin-sang, 69, was found guilty on February 11 for “attempting to deal with, directly or indirectly, any funds or other financial assets or economic resources” after he tried to terminate his daughter Anna Kwok’s insurance policy and withdraw the funds.

He is the first person in the city to be charged and convicted of the offence.

He had pleaded not guilty and did not testify at the trial.

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Ex-President Yoon appeals life sentence over insurrection conviction

Former President Yoon Suk Yeol on Tuesday appealed his life sentence over his insurrection conviction from his failed bid to impose martial law.

The appeal was filed by his lawyers five days after a court sentenced Yoon to life in prison for leading an insurrection when he briefly imposed martial law on Dec. 3, 2024.

“We think we have a responsibility to clearly point out the problems with this decision for not only court records but for future historical records,” the lawyers said in a notice to the press.

“We will not be silent about the special counsel’s overzealous indictment and the contradictory decision of the court of first instance premised on it, as well as its political background,” they added.

The Seoul Central District Court delivered the ruling last Thursday, saying Yoon aimed to cripple the National Assembly by sending troops to the compound after declaring martial law, meeting the definition of an insurrection as stipulated by the Constitution.

It also said the former president planned the crime personally and in a leading role, incurring an enormous social cost, but hardly expressed an apology.

Seven other defendants received their first verdicts alongside Yoon, including former Defense Minister Kim Yong-hyun, former National Police Agency chief Cho Ji-ho and former Seoul Metropolitan Police Agency chief Kim Bong-sik.

The former defense minister was sentenced to 30 years in prison, while Cho was given 12 years and the former Seoul police chief 10 years for their roles in the martial law bid.

Yoon was earlier sentenced to five years in prison in a separate trial on charges that include his alleged obstruction of investigators’ attempt to detain him last year.

Copyright (c) Yonhap News Agency prohibits its content from being redistributed or reprinted without consent, and forbids the content from being learned and used by artificial intelligence systems.

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Routh to appeal conviction and sentence in attempt on Trump’s life

Ryan Routh is arrested by law enforcement officers with the Martin County Sheriff’s Office for the attempted assassination of then-former president Donald Trump on Sept. 15, 2024. Routh filed a notice Friday that he intends to appeal his conviction and life sentence. Photo via Martin County Sheriff’s Office/UPI | License Photo

Feb. 16 (UPI) — Ryan Routh, who was convicted of attempting to kill then-former President Donald Trump, has filed an appeal of his life sentence and his conviction.

Routh, 60, was convicted of hiding in the bushes at Trump International Golf Club in West Palm Beach in September 2024. He pointed a military-grade SKS rifle toward Trump, who was then a candidate running for his second term, and a Secret Service agent.

He defended himself in the trial that ended in September. When the verdict was read, he stabbed himself in the neck with a pen.

Routh was given an attorney for the sentencing portion of his trial. That attorney, Martin L. Roth, filed a notice Friday with the U.S. Court of Appeals stating that Routh will fight the conviction and his sentence, ordered Feb. 4. Routh was sentenced to life plus seven years.

He was convicted in October of all five charges of attempting to assassinate a major presidential candidate, assaulting a federal officer, possession of a firearm in furtherance of a crime of violence, being a felon in possession of a firearm and ammunition, and possessing a firearm with an obliterated serial number.

Secret Service agent Robert Fercano testified that Routh hid behind a shrub-covered fence near the sixth hole of the course, aiming an AK-style weapon at Trump. Routh was found with a handwritten note that stated his intention to kill Trump.

Routh argued that he had a right to peacefully protest at the golf course.

“This is as far [from] peaceful assembly as you can imagine,” Assistant U.S. Attorney John Shipley responded. “Peaceful protest is one thing. An assassination attempt is another.”

Prosecutors said in a court filing that Routh deserved a life sentence.

“Routh’s crimes undeniably warrant a life sentence — he took steps over the course of months to assassinate a major presidential candidate, demonstrated the will to kill anybody in the way, and has since expressed neither regret nor remorse to his victims.”

Routh’s attorney argued that his conviction was faulty.

“Defendant recognizes that he was found guilty by the jury but asserts that the jury was misled by his inability to effectively confront witnesses, use exhibits, or affirmatively introduce impeachment evidence designed to prove his lack of intent to cause injury to anyone,” Roth wrote.

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