Hong Kong Occupy leaders found guilty over mass rallies

Hong Kong Occupy leaders found guilty over mass rallies

Occupy Central leaders, from right, Benny Tai, Chu Yiu-ming and Chan Kin-man listen to reporters' questions before entering a court in Hong Kong, on Tuesday. (AP photo)
Occupy Central leaders, from right, Benny Tai, Chu Yiu-ming and Chan Kin-man listen to reporters' questions before entering a court in Hong Kong, on Tuesday. (AP photo)

HONG KONG: A Hong Kong court found leaders of the 2014 "Occupy" civil disobedience movement guilty on Tuesday of public nuisance charges during the mass protests, in a landmark verdict that comes as the China-ruled city's freedoms come under strain.

Scores of supporters clapped in support of the nine defendants including a law professor, two lawmakers and former student activists, after the judge delivered his verdict following a trial that critics say highlights shrinking political freedoms in the former British colony.

Three of the defendants accused of playing a leading role in planning and mobilising supporters during the 79-day street occupations in 2014 - Benny Tai, Chan Kin-man, and retired pastor Chu Yiu-ming - were found guilty of conspiracy to commit public nuisance - a rarely-used colonial-era law.

Tai and Chan were also found guilty of incitement to commit public nuisance. They appeared calm after the verdict was delivered, and Chan bowed to supporters clapping for them outside the court. The trio had pleaded not guilty to all charges, which each carry a maximum seven years jail.

Tai, speaking to Reuters before the verdict, said: "We will still continue our struggle for democracy,

"The reason that we committed civil disobedience is because we want justice for Hong Kong people."

Supporters raise placards outside a court in Hong Kong on Tuesday. (AP photo)

In a summary of his judgement, Justice Johnny Chan noted that while the concept of civil disobedience is "recognised in Hong Kong", it wasn't 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 summary read.

The six other defendants include pro-democracy legislators Tanya Chan and Shiu Ka-chun, two former student leaders Eason Chung and Tommy Cheung, activist Raphael Wong, and veteran democrat Lee Wing-tat, were also found guilty of at least one public nuisance charge.

No sentences were immediately given by the judge, although the defendants could face jail.

The nine defendants were accused of inciting and mobilising protesters during the pro-democracy demonstrations that blocked major roads in several parts of the global financial hub for 79 days in late 2014, in one of the boldest populist challenges against Beijing in decades.

The demonstrators were finally cleared away by police, having won no democratic concessions from the government.

Since the city returned from British to Chinese rule in 1997, critics say China has reneged on its commitment to maintain Hong Kong's high degree of autonomy and freedoms under a so-called "one country, two systems" arrangement.

In the more than four years since the Occupy protests, democracy activists, diplomats and business leaders have expressed grave concerns over what they say is Beijing's tightening grip on the city's freedoms. 

Human rights groups and critics hit out at the convictions, saying the use of vaguely worded public nuisance laws against protesters would have a chilling effect on free speech in Hong Kong.

"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," said Maya Wang, a senior China researcher at Human Rights Watch.

Chris Patten, the last British Governor of Hong Kong, said it was "appallingly divisive to use anachronistic common law charges in a vengeful pursuit of political events which took place in 2014."

Pro-democracy activists Chung Yiu-wa, Cheung Sau-yin, Tanya Chan, Chu Yiu-ming, Chan Kin-man, Benny Tai, Lee Wing-tat, Shiu Ka-chun and Raphael Wong chant slogans before hearing a verdict on their involvement in the Occupy Central, also known as "Umbrella Movement", in Hong Kong, China on Tuesday. (Reuters photo)

Before their conviction the nine defendants struck a note of defiance as they greeted a large crowd of supporters outside the courthouse in Hong Kong's Kowloon district on Tuesday morning.

"No matter what happens today, I have the confidence many people today will be together and continue to strive for Hong Kong democracy. We will persist on and do not give up," Tai told media and supporters.

"I still believe in the power of love and peace. I have no regret for what I have done," Chan Kin-man added.

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 as Beijing flexes its muscles.

At the trial, prosecutors argued that the mass protests had caused a "common injury done to the public", who had been affected by the blockage of major roads, and that the leaders of the movement deserved to be punished.

Judge Chan denied his ruling would impact the ability of Hong Kongers to protest.

"It cannot be reasonably argued that a charge of conspiracy to cause public nuisance would generate a chilling effect in society," he wrote.

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.

Do you like the content of this article?
COMMENT (11)