香港的英國保守黨人權委員會副主席羅哲斯（Benedict Rogers）牽頭成立非政府組織「Hong Kong Watch(香港監察)」，在本民前前發言人梁天琦被判囚6年後，發出新聞稿，當中前港督彭定康與其他英國政界人士均對判刑感到關注。彭定康認為，90年代《公安條例》改革，是因為該法例中含糊不清的定義有機會令條例被濫用，並且不符合聯合國的人權標準，但現在有關條例在政治上被用來對泛民主派和其他抗爭者，作出極端的判決，令他感到失望。
香港監察指出，根據《公安條例》指明，如果非法集結者破壞社會安寧，該集結即屬暴動，但「非法集結」和「破壞社會安寧」被指定義含糊。而90年代時，前港督彭定康曾改革《公安條例》，令它達至國際水平，但其後的臨時立法會令條例倒退。
對於梁天琦的判刑，曾為梁撰寫求情信的英皇御用大律師Sir Geoffrey Nice指，他於2017年曾與梁天琦會面，對他的年輕、溫和和善良的性格感印象深刻，認為梁是一個有天賦的年輕人，如果有機會，他能展示巨大潛力，但今日的判刑明顯阻止他進一步抗爭的力量，亦對這位有悔意的年輕人毫無幫助，故認為此判刑是不合理的，亦對那些仍然相信民主價值的年輕有影響，以判刑去達到某目的亦難以起作用。
英國國會議員Fiona Bruce亦認為，梁天琦的判刑並非個別個案，是香港政府利用法律來恐嚇民主運動和削減言論自由的眾多例子之一，亦對雨傘運動以來有逾百名抗爭者被起訴感震驚，認為這是一場令人無法接受的鎮壓行動，對民主運動產生了令人不寒而慄的影響。
梁天琦上月被裁定一項暴動罪成，另承認一項襲警罪。案中其他被告方面，盧建民判囚7年、黃家駒判囚3年半。
「香港監察」英文新聞稿全文
Press Release : Lord Patten criticises Public Order Ordinance following sentencing of Edward Leung
On 11 June 2018, Edward Leung Tin-kei was sentenced to 6 years in jail for rioting. Lord Patten and other UK politicians expressed their concerns about the sentencing.
Edward Leung Tin-kei has been convicted of rioting under the Public Order Ordinance on the basis that an event is a riot if an ‘unlawful assembly’ leads to a ‘breach of the peace.’ The vague definitions of ‘unlawful assembly’ and ‘breach of the peace’, coupled with the extreme potential sentencing, has ensured that the law has been widely criticised.
In the 1990s, Lord Patten reformed the Public Order Ordinance to bring it in line with international standards, but the reforms were reversed by the ‘Provisional Legislative Council’ selected by the Chinese government in 1997.
Lord Patten of Barnes, the last Governor of Hong Kong, said:
‘We attempted to reform the Public Order Ordinance in the 1990s and made a number of changes because it was clear that the vague definitions in the legislation are open to abuse and do not conform with United Nations human rights standards. It is disappointing to see that the legislation is now being used politically to place extreme sentences on the pan-democrats and other activists.’
The United Nations have repeatedly highlighted that 'the Public Order Ordinance could be applied to restrict unduly enjoyment of the rights guaranteed in article 21 of the International Covenant on Civil and Political Rights'.
Sir Geoffrey Nice QC, a leading barrister who led the UN trial of Slobodan Milosevic in the Hague and was previously the senior barrister member of the Bar Standards Board that regulates the barristers of England and Wales, expressed concerns about the use of extreme sentences as a deterrent. He said:
‘I met Edward in 2017 and was struck by his articulate, gentle, personable character as well as his youth. He is clearly a talented young man who has enormous potential if given a proper chance. I am quite unable to see that Edward’s actions warrant him spending formative years of his life in jail. The sentencing today, clearly designed as a deterrent to mute further protest, will not help this bright, able and penitent young man who deserves a second chance. It is easy to think that imprisonment in this case is simply unjustified. It may be seen as a mean but dangerous act by those in this delicate world who still believe in the values of democracy. Sentencing politically troublesome young men to achieve collateral objective rarely works and often backfires - in the end’
Edward Leung will face a retrial for another rioting charge for which he was previously acquitted.
His sentencing is the latest in a series of political trials against pro-democracy figures. Fiona Bruce MP, the Chair of the Conservative Party Human Rights Commission, said:
‘Edward’s sentencing should not be seen in isolation. It is only one of many examples of the Hong Kong government using the law to intimidate the pro-democracy movement and curtail freedom of expression. It is shocking that one in three pro-democracy legislators and more than one hundred protestors have been prosecuted by the government since the Umbrella Movement of 2014. This is an unacceptable crackdown which has a chilling effect on the pro-democracy movement, forcing people into self-censorship and silencing opposition.’
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