[Patrickov]

Hong Kong 'Umbrella Movement' protesters found guilty over pro-democracy rallies

Nine Hong Kong democracy campaigners have been found guilty over their involvement in pro-democracy rallies in 2014, in a controversial verdict prompting renewed alarm about the city’s political freedom.

Protest leaders including sociology professor Chan Kin-man, 60, law professor Benny Tai, 54, and Baptist minister Chu Yiu-ming, 75, were among those convicted of rarely used colonial-era public nuisance charges for their roles in the 2014 Umbrella Movement protests calling for free elections, the largest civil disobedience movement in the city’s history.

All three were charged with one count of conspiracy to cause public nuisance. Tai and Chan were also convicted of inciting others to cause public nuisance. The court did not immediately announce sentences for the charges, which each carry a maximum of seven years in prison.

The other defendants, including pro-democracy lawmakers, Tanya Chan and Shiu Ka-chun, former student leaders Eason Chung and Tommy Cheung, and Raphael Wong, an activist, were convicted of inciting others to cause a public nuisance as well as inciting others to incite. One former lawmaker, Lee Wing-tat, was convicted of incitement to incite others create public nuisance.

In a summary of the judgement, justice Johnny Chan said civil disobedience was not a defence to a criminal charge. “The offence of conspiracy to cause a public nuisance does not have the undesirable effect of curtailing or suppressing civil disobedience at its formation stage or suppressing human rights as the defendants contended,” the court concluded.

On Tuesday, supporters holding yellow umbrellas, a symbol of the demonstrations, crowded outside the courthouse. Tai told supporters: “No matter what happens today, I have the confidence that many people here will strive for Hong Kong’s democracy.”

The trio founded the pro-democracy “Occupy Central” movement in 2013 which joined the student-led Umbrella Movement a year later that brought parts of the city to a standstill for months.

Hong Kong’s Justice Department eventually brought the charges against the group leaders, more than two years after the protest ended. The nine defendants, known as the “Umbrella Nine” were the last group of demonstrators to be charged over the 2014 protests.

Human rights groups have described the prosecution as politically motivated, criticising the use of vaguely worded public nuisance laws against protesters.

“Hong Kong courts, by labelling peaceful protests in pursuit of rights as public nuisance, are sending a terrible message that will likely embolden the government to prosecute more peaceful activists, further chilling free expression in Hong Kong,” said Maya Wang, senior China researcher at Human Rights Watch.

Man-kei Tam, Amnesty’s Hong Kong director, said: “Today’s guilty verdicts are a crushing blow for freedom of expression and peaceful protest in Hong Kong. The government has used vague charges in their relentless persecution of the Umbrella Nine.”

“The government is increasingly using prosecutions as a political tool to target peaceful activists, abusing the law to silence debate about sensitive issues such as Hong Kong democracy and autonomy,” Tam said.

The city enjoys rights unseen on the Chinese mainland, which are protected by the 50-year handover agreement between Britain and China, but fears are growing that those liberties are being eroded.

At the trial, prosecutors argued the mass protests had caused a “common injury done to the public”, who had been affected by the blockage of major roads.

On Saturday, more than 200 supporters, including outspoken Cardinal Joseph Zen, gathered for a service ahead of the verdict where the crowd prayed and sang songs. The venue – Kowloon Union church – was where the trio first announced their “Occupy Central” manifesto six years ago.

“What we are facing is the most powerful autocracy in human history and we have to take back our democratic rights from its hand,” a tearful Tai told his supporters, referring to China’s increasingly assertive control over the city.

The Occupy movement highlighted widespread frustration, especially among the young, over Hong Kong’s direction but failed to win any reforms or concessions from Beijing. Since then, many activists have been prosecuted, with some jailed, while a string of pro-democracy lawmakers have been barred.

The Guardian

If see it on a plus side, the HK Government can be seen as trying to do as hard-line as they can, to avoid the Commies in Beijing intervening with something even worse.

Of course I don't see the HK Government is really this benevolent, or the Commies would satisfy on this.