Independence advocate Louis Lo Yat-sun, 30, was arrested in 2019 for possession of explosives after police found 1.5 kilos of triacetone triperoxide explosives and some petrol bombs inside a unit at an industrial building in Tsuen Wan.
He admitted on a count of keeping explosives with intent to endanger life or property and was sentenced to 12 years in jail.
The appeal argued that Judge Andrew Chan Hing-wai wrongly decided that Lo was the mastermind in the case, and that his sentence should be similar to Yip Kai Foon, who was sentenced to 18 years in prison in 1997 for possession of 2 kilos of TNT.
He continued that Chan mistakenly seen the offence of making explosives and possession of explosives as the same.
Plus there was no direct evidence that Lo intended to injure people with the explosives, therefore, the sentence imposed by Chan on Lo, who only admitted possession of the explosives, was excessive.
Justices of Appeal Maggie Poon Man-kay said his possession of explosives intented to subvert the Hong Kong government and promote Hong Kong independence, which posed a more serious potential risk to the public and the police than Yip Kai-foon case.
Poon said Yip committed the crime for robbery back then, while Lo was targeting the Hong Kong government and bringing fear to the public. She said manufacturing or possessing explosives was liable to up to 14 years in jail but making or keeping explosive with intent to endanger life or property was liable to up to 20 years.
When Lo pleaded guilty to the count, he admitted that he intended to endanger life or damage property.
Meanwhile, he was the one who rented the unit, knowing that there were explosives but still frequently went there, therefore, Chan's conclusion of him as the mastermind had nothing wrong.
The appeal was finally dismissed as not reasonably arguable.
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