Hong Kong Judge Amy Woodcock Monday sentenced activist Jimmy Lai to prison for his role in a vigil commemorating the victims of the 1989 Tiananmen Square massacre.

The case arose from an annual vigil held on June 4, 2020. Lai, as well as two other activists who are defendants in the case, held the vigil prior to an organized event by a pro-democracy group. However, a Hong Kong public ordinance banned incitement of unauthorized assemblies at the time. The law was put into place under the guise of preventing the spread of the coronavirus pandemic.

Lai’s defense team claimed that his intention was not to incite others to join him. They argued that he was merely making a statement. Individuals who joined later were there for their own independent reasons. However, Judge Woodcock rejected the argument. She stated that his public nature, combined with the presence of photographers and reporters, showed that the intent was to draw more individuals to the vigil.

Lai’s lawyers also argued that even if he is guilty, both the law and the level of punishment are unconstitutional. In their view, the law disproportionately infringes on the right to peaceably assemble. Moreover, the maximum of a five-year sentence is so disproportionate that it would have a “chilling effect on those that wish to exercise their right to freedom of assembly.” Judge Woodcock stated that she is bound by precedent set in HKSAR v Lai Chi Ying and Others and that a constitutional challenge is not appropriate.

Critics of the decision argue that the government is using COVID-19 as an excuse to crack down on dissent and public assembly. The decision comes amid a wave of intrusions on journalists and public assembly in Hong Kong.