Opinion | Occupy leaders’ sentences are a testament to the rule of law and Hong Kong’s openness as a society

While the sentences handed down to the leaders of the 2014 Occupy movement appear to have satisfied few, they highlight the independence of the courts and Hong Kong’s tolerance of protest, compared to other jurisdictions

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Chan Kin-man, Benny Tai Yiu-ting and Reverend Chu Yiu-ming stand defiantly outside the West Kowloon Law Courts Building in Cheung Sha Wan on April 19 before the sentencing hearing for their roles in the 2014 Occupy movement. Photo: Sam Tsang

Published: 12:45pm, 9 May 2019Updated: 7:21pm, 9 May 2019

Not surprisingly, the sentencing of the nine leaders of the Occupy movement two weeks ago created a considerable stir. The events leading up to the Occupy or Umbrella protests were controversial at the time. The camps blocking streets for 79 days in 2014 were divisive. The subsequent arrests and charges filed against the nine also split the community.

Whatever the judge decided, plenty of people would be unhappy. To read all the conflicting opinions, it almost looks as if a majority of the community is unhappy.

To those on one side of debate, the charges against peaceful activists were unjustified, and therefore any sentences would be unnecessarily harsh and aimed at intimidating future protesters. Such criticism has not just come from within Hong Kong. Several foreign consulates, overseas legislators and others voiced concerns over the sentences, suggesting that they threatened Hong Kong’s freedoms.

Although maybe the media did not cover them so thoroughly, many people at the other end of the spectrum felt strongly that the punishments were nowhere near harsh enough. Only four of the eight sentenced so far will actually go to prison – the others received suspended prison terms or community service. The prison terms were quite short, ranging from eight to 16 months, which means that all four could be released in less than a year with good behaviour.

I do not think the community is completely polarised. From the conversations I have had, there are a lot of moderates out there who broadly think that the sentences struck a good balance. Some people I have talked to – including a very senior lawyer – believe that the court’s decisions were essentially correct and deserve respect.

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