Recently the South China Morning Post (SCMP) On-line in Hong Kong
reported the following:
Four of nine
Occupy leaders jailed for up to 16 months over roles in Hong Kong’s 2014
umbrella movement
Published: 10:46am, 24 Apr, 2019
Updated: 4:36am, 25 Apr, 2019
Hong Kong reopened one of the most emotional and divisive
chapters in its history on Wednesday as four of nine democracy leaders and key
activists convicted on public nuisance charges over the 2014 Occupy protests
were jailed for up to 16 months.
Two founders of the city’s biggest civil disobedience
movement, academics Benny Tai Yiu-ting, 54, and Dr Chan Kin-man, 60, were given
the longest jail terms, at 16 months, while legislator Shiu Ka-chun, 49, and
League of Social Democrats vice-chairman Raphael Wong Ho-ming, 30, received
eight months each.
Because of poor health and his years of contribution to
society, Reverend Chu Yiu-ming, 75, the third founder, had a 16-month sentence
suspended for two years.
Lawmaker Tanya Chan, 47, had her sentencing adjourned after
her lawyer dropped a bombshell in court, revealing that she was suffering from
a life-threatening brain tumour and would have to undergo surgery in two weeks.
Former lawmaker Lee Wing-tat, 63, had his eight-month term
suspended for two years in light of his years of public service.
Former student leaders Tommy Cheung Sau-yin, 25, and Eason
Chung Yiu-wa, 26, were sentenced to 200 hours of community service and eight
months’ jail respectively, but Chung also had his prison term suspended. Their
ages were taken into consideration.
All were sentenced by Judge Johnny Chan Jong-herng at West
Kowloon Court. The judge criticised the nine for putting their political
demands before the lives of others.
All but Cheung and Chung said they planned to appeal against
their convictions, and some their sentences.
Occupy leaders
found guilty over role in 2014 umbrella movement
The nine were found guilty earlier this month of a string of
public nuisance charges – which carry a maximum sentence of seven years’
imprisonment – over the mass protests of 2014 that saw key roads blocked for 79
straight days and the city’s commercial district brought to a standstill in the
name of greater democracy for Hong Kong.
While the judge noted the protests had been non-violent, and
the goal was not motivated by “greed, lust, anger, or monetary reward”, the
obstruction was serious and its duration extensive.
“The
nine defendants just looked up to their aspirations ... but they failed to
notice the ordinary folks who needed to use the carriageways,” he said,
describing their would-be “martyrdom” as “contorted”.
Although Tai had recounted “touching moments” from the
protests in court, the other side of the story was that the activists had
brought excessive delays and inconvenience to the city, the judge added.
Until now, he noted, the group had not expressed any regret.
“By
regret, I do not mean they should give up their political beliefs or demands,”
he said. “It is an apology that the members of the public rightly deserve from
the defendants, but never received.”
Occupy protests
five years on: after all the prosecutions, was the movement in vain?
For the first time, Chu on Wednesday walked out of the dock
without his two closest allies, Tai and Chan Kin-man, and burst into tears.
“In the
past five years, we have never been apart,” he said, before leaving court.
“Today, they were sentenced to jail. I’m in immense sorrow. I am truly willing
to go with them.”
Raphael Wong thanked the judge from the dock and vowed to
soldier on with his pursuit of democracy as cheers erupted from supporters in
the public gallery. Judge Chan returned a smile.
Chan Kin-man, Tai, Wong and Shiu were later taken to Lai Chi
Kok Reception Centre.
Their convictions have drawn statements of concern about the
impact on the city’s freedoms from Western diplomatic missions, as well as
human rights groups.
Hong Kong’s leader, Carrie Lam Cheng Yuet-ngor, declined to
comment on the sentencing but insisted the prosecution of the activists had not
undermined freedom of expression or the right to demonstrate.
“I don’t
see any of these effects, or any of these activities being affected,” Lam said.
Tears in court as
first Occupy leaders deliver mitigation submissions
The protests, which began on September 28, 2014, were
sparked by frustration over a restrictive framework Beijing had laid down for
the direct election of Hong Kong’s leader.
Democracy activists had been expecting to elect a chief
executive through a one-person, one-vote system, but were outraged that they
would have to settle for a pool of preselected candidates.
A little more than a month after Beijing’s ruling,
protesters poured into Admiralty, Wan Chai and Central, blocking major
thoroughfares in the heart of the city. Police fired tear gas but failed to
disperse them.
The nine were found guilty of a range of public nuisance
charges on April 9 following an 18-day trial that revisited the civil
disobedience movement through testimony from police officers, footage of the
protests and the words of those who took part.
Judge Chan called the protest plan unrealistic, saying it
was naive to think “a concession to introduce the form of universal suffrage
advocated by the founding trio could be made by the government overnight with a
click of its fingers”.
During mitigation, Chan Kin-man, Tai and Wong urged the
judge not to jail Reverend Chu, citing worries for his health.
Who are the nine
key leaders of Hong Kong’s Occupy movement?
On Wednesday, Judge Chan accepted that request, saying he
was “impressed and touched” by Chu’s 30-plus years of service helping drug
addicts and HIV patients.
“I am
also concerned about his age,” he said.
The judge also acknowledged former lawmaker Lee’s track
record of serving Hong Kong, saying it was time for the court to recognise
those contributions.
Ex-student leaders Cheung and Chung were still young and
lacked life experience, Chan said as he spared them jail.
As for the rest, the judge said, they could only be punished
with immediate custodial sentences but he shortened them by a month to two
months after considering their good characters, with the exception of Wong’s
sentence.
Tai, Chan Kin-man and Chu were found
guilty of one count of conspiracy to cause a public nuisance. Tai and Chan were
also convicted of one count of inciting others to commit the same offence. The
three were acquitted of one count of inciting others to incite, and Chu was
also cleared of one count of incitement.
Tanya Chan, Shiu, Cheung, Chung and Wong were all found
guilty of one count each of inciting others to incite and one count each of inciting.
Lee was found guilty of one incitement charge.
What is more naive
than believing in ‘one country, two systems’?
Wednesday’s sentencing session began as more than 100 people
with yellow umbrellas – the symbol of the movement – awaited the arrival of the
nine on the ground floor of the court building. Some wore yellow shirts with
the words “I was not incited”, in defiance of court findings that the group had
incited others to block roads in 2014.
Before walking into court, Chan Kin-man said the group would
only discuss appeals after the sentencing.
“In the
verdict, the judge commented that we were naive – believing that by having an
Occupy movement, we could attain democracy,” Chan said.
“But
what is more naive than believing in ‘one country, two systems’?”
He was referring to the policy under
which Hong Kong has been granted a high degree of autonomy by Beijing since
1997.
Tai said he felt “peaceful and hopeful” before learning of
his fate. Chu urged democracy activists in Hong Kong not to give up even if the
nine were all jailed.
The group walked into court surrounded by supporters
chanting: “We want genuine universal suffrage.”
Tai and Shiu said prayers and sang hymns with a small group,
before joining other Occupy leaders to address journalists.
They received rounds of thunderous applause when they
eventually turned up on the fourth floor outside the courtroom for the
sentencing.
Security measures were stepped up as scores of pro-Beijing
protesters also gathered outside the court building, chanting through
loudspeakers: “You have to pay for occupying Central.”
(This article appeared in the South China Morning Post print
edition as: FOUR OF NINE OCCUPY LEADERS JAILED FOR UP TO 16 MONTHS)
My Chinese translation
香港2014年的雨傘運動九名佔領運動領導人中有四人被判入獄長達16個月
星期三，香港重新開啟了其歷史上最激動人心和最具分裂性的一個章節，因為在2014年“佔領”抗議活動中因為公共滋擾指控而被定罪的九名民主黨領袖和關鍵活動家中有四人被判入獄長達16個月。
這個城市最大的公民抗命運動的兩位創始人，54歲的學者戴耀廷和60歲的陳健民博士被判了16個月最長的監禁，而49歲的立法委員邵家臻和30歲的社會民主黨副主席黃浩銘每人被判8個月。
由於健康狀況不佳及其多年來對社會的貢獻，75歲的第三位發起人朱耀明牧師被判處16個月, 緩刑兩年。
47歲的立法会議員陳淑莊的律師在法庭上透露陳患有危及生命的腦瘤，並且必須在兩週內接受手術, 因投下這一枚重磅炸彈, 法庭暫緩判處她的刑罸。
63歲的前議員李永達因其多年的公共服務而被判緩刑兩年。
25歲的前學生領袖張秀賢和26歲的鍾耀華分別被判處200小時的社區服務和8個月的監禁,因為考慮到他們的年齡。鍾耀華也被判緩刑。
所有人均被西九龍法院的陳智貞法官判刑。法官批評九人將他們的政治要求置於他人的生命之前。
除了張秀賢和鍾耀華之外，其餘的人都表示他們計劃對定罪和刑期判決提出上訴。
佔領領導人對2014年雨傘運動中的角色感到內疚
本月早些時候，九人被判有罪 : 一系列公害案 , 最高可判七年監禁。在 2014年的大規模抗議活動，主要幹道連續79天被封鎖，他們以香港要更大民主的名義, 令該市的商業區停頓。
雖然法官指出抗議活動是非暴力的，並且目標不是出於“貪婪，慾望，憤怒或金錢獎勵”，但阻礙是嚴重的，其持續時間亦很長。
“九名被告只是滿足了他們的願望......但他們沒有注意到那些需要使用行車道的普通人，法官說，他們將自己的描述“扭曲” 為 “殉難”。
法官補充說，儘管戴耀廷已在法庭上講述了抗議時期的“感人時刻”，但故事的另一面,是活動人士給這座城市帶來了過多的延誤和不便。
法官指出，到目前為止，該組織並未表示遺憾。
“遺憾的是，我並不是說他們應該放棄他們的政治信仰或要求，” 法官說。 “這是一個道歉，是公眾人仕理所當然應該得的，但從未收到過。”
五年抗議活動：在所有起訴之後，這場運動是徒勞的嗎？
週三，朱耀明在第一次走出被告席而沒有他兩個最親密的盟友戴耀廷和陳健文，並淚流滿面。
在離開法庭之前他說:“在過去的五年裡，我們從未分開過”，
“今天他們被判入獄,
我非常悲傷。我真的願意和他們一起去。”
黃浩銘在被告席向法官表示感謝，並發誓要追求民主，因為公共旁聽席的支持者們正在歡呼。陳法官笑了一笑。
陳健民，戴耀廷，黃浩銘及邵家臻後來被帶往荔枝角收押所。
他們的判刑引起了西方外交使團以及人權組織關注,
和對該城市自由的影響。
香港政府領導人林鄭月娥拒絕對判刑發表評論，但堅稱起訴些活動人士並未破壞言論自由或示威權。
“我沒有看到任何影響，或任何這些自由或示威權活動受到影響”林說。
當第一個佔據領導者提交輕判請求時 求法庭上有人落淚
2014年9月28日開始的抗議活動是由於北京為香港政府領導人的直接選舉制定一個限制性框架,
令人沮喪而引發的。
民主活動人士一直希望通過一人一票制選出一位行政長官，但他們因為要接受一批預先選出的候選人而憤怒。
在北京定出限制性框架一個多月後，抗議者湧入金鐘，灣仔和中環，封鎖了市中心的主幹道。警方發射催淚瓦斯但未能驅散他們。
在經過18天的審判後，這9人被判定犯有一系列公害行為罪，這次審判通過警察的證詞，抗議的鏡頭和參與者的言論重新審視了公民抗命運動。
陳法官稱這一抗議計劃不切實際。他說,“如果政府一夜之間只需用手指點擊一下，就可以讓步通過提出引入三人組所倡導的普選形式”是天真的。
在請求減刑期間，陳健民，戴耀廷 和黃浩銘敦促法官不要監禁朱牧師，理由是擔心他的健康狀況。
誰是香港佔領運動的九大關鍵領導者？
星期三，陳法官接受了這一要求，稱朱先生30多年來一直幫助吸毒成癮者和愛滋病病毒感染者，他對此感到“印象深刻和感動”。
“我也很關心他的年齡，”他說。
法官還承認前立法議員李永達在香港服務記錄，並表示現在是法院承認這些贡献的時候。
陳法官說前學生領袖張秀賢和鍾耀華還很年輕，缺乏生活經驗，免了他們坐牢。
至於其他人，法官說，他們只能受到立即監禁的懲罰。但在考慮到他們的良好品格之後，將他們刑期縮短了一個月到兩個月，但黃浩銘的判決除外。
戴耀廷，陳健民和朱耀明被判犯有一項串謀引起公共滋擾罪。 戴耀廷和陳健民也被判犯有一項煽動他人犯同樣罪行的罪名。三人被控煽動他人煽動罪被判不成立，朱耀明也被清脱了一項煽動罪。
陳淑莊，邵家臻，張秀賢, 鍾耀華和黃浩銘都每人被判犯有一項煽動罪和一項煽動他人煽動的罪名。李永達被判犯有一項煽動罪。
什麼比相信“一國兩制”更天真？
週三的量刑會議開始時，超過100人帶著黃色遮陽傘
- 運動的象徵 - 等待九人到達法院大樓底層。一些人穿著黃色襯衫，上面寫著“我沒有被煽動”，蔑視法庭已判定該組織在2014年煽動其他人阻塞道路。
在走進法庭之前，陳健文說，該組織只會在判決後討論上訴。
“在判決中，法官評論說我們天真 - 相信通過佔領運動，我們可以實現民主，”陳說。
“但是，相信'一國兩制'不是更天真？”
陳指的是香港獲得由北京自1997年以後享有高度自治的政策。
戴耀廷說他在知道判决前感到“和平而充滿希望”。朱耀明敦促香港的民主活動人士不要放棄，即使九人都被判入獄。
該團體走進法庭，被支持者高呼：“我們想要真正的普選權。”
戴耀廷和邵家臻在與其他佔領領導人一起向記者講話之前，曾與一小群人一起祈禱和唱讚美詩。
當他們最終出現在四樓法庭室之外,
预備聽取量刑時，他們收到了雷鳴般的掌聲。
保安被加强由於有些支親北京的抗議者聚集在法院大樓外，並通過擴音器高喊：“你必須支付佔領中環的費用”。
My comments
It is sad to see that these nine people were convicted and sent were to jail because they, together with other like mind people, wanted to express their anger over the restrictive framework that Beijing had laid down regarding a direct election in choosing Hong Kong’s Chief Executive. Hong Kong people had been promised by Beijing in the Basic Law a right to elect their top political leader, but it turned out to be an empty promise.
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