Hong Kong court acquits eight Falungong members of protest charges

Hong Kong, China - Hong Kong's highest court quashed criminal convictions against eight Falungong sect members, ending a high-profile legal battle seen as a test of free speech in the Chinese territory.

The Court of Final appeal Thursday acquitted the eight, who had initially been convicted along with eight other members of the controversial spiritual movement for assaulting and obstructing police during a rally three years ago.

The court said police had no reasonable grounds to make the arrests, adding that the right to protest was protected under the constitution adopted when the former British colony reverted to Chinese rule in 1997.

Lawyer for those appealing, John Clancey, hailed the decision as a victory for freedom of speech.

"This is a good judgement not only for the Falungong but it says very clearly that the police cannot just take people away if they are causing an obstruction while holding a peaceful protest," Clancey told AFP after the hearing.

The headline-grabbing protest outside the Chinese government's local office in 2002 became a cause celebre for rights campaigners here who accused police of crushing the demonstration on the orders of officials inside.

It came amid claims China was putting pressure on the local government to suppress the movement in Hong Kong, where members are free to gather.

All 16 protesters were originally convicted and sentenced to pay fines for a range of charges, including assaulting and obstructing police and obstructing the public.

Half were acquitted in November when convictions for obstructing the public were quashed on appeal.

Although the protest had been peaceful, participants -- who included a New Zealander and four Swiss nationals -- had carried banners declaring former Chinese president Jiang Zemin a killer and attacking mainland authorities.

Clancey said the ruling upheld people's rights to criticise their leaders.

"It is very clear that even if people are saying things that are very unpopular they still have a right to do that," he said.

The Falungong once claimed millions of followers in mainland China but has been outlawed as an "evil cult" by Beijing since 1999.

The group claims that at least 1,600 of its members have been tortured or beaten to death in China since a crackdown ordered four years ago largely drove the organisation underground.

The sect's Hong Kong spokeswoman Sophie Xiao praised the court's ruling and vowed the movement would continue to protest against China's suppression of its members.

"We have been victimised but this gives us the confidence to carry on," Xiao told AFP. "We will continue our daily practice and begin now to raise awareness of the atrocities and the persecution of our members in China."