Hong Kong social worker jailed for a year over impeding police work at protest, as case sparks anger from unions
- Magistrate points out some demonstrators had hurled bricks at police and no social worker should slow officers’ advancement towards suspects
- Lau Ka-tung says he was only trying to prevent stampede, while supporters argue discussion needed on social workers’ roles as guardians of protesters’ safety and rights
A social worker who was convicted of impeding a police operation at an anti-government protest has been sentenced to a year in jail, with the magistrate saying he and his peers caused chaos and “dealt a blow” to officers’ work.
The comments raised the ire of lawmakers and social work unions, who pointed to the need for awareness on the roles of social workers in protests, arguing that protesters’ rights and safety should be guarded.
Lau Ka-tung was handed his sentence at Fanling Court on Wednesday for obstructing a police officer during a demonstration in Yuen Long on July 27 last year, when tens of thousands defied a ban and rallied in the residential district.
The 24-year-old, who was among some 20 social workers arrested during last year’s social unrest, was accused of intentionally delaying police movement along On Lok Road for a few minutes by blocking the path of Constable Chan Pui-kit during a clearance operation at 7pm that day.
The court heard Lau and two other social workers had stood in front of the police cordon, asking officers to slow down and allow time for protesters to leave.
Lau’s lawyers said his client had wished to communicate with police because he feared officers would cause a stampede if they suddenly charged towards protesters.
No one was allowed to stop the advancing officers, just as nobody should prevent police from chasing a robber
That defence failed to convince acting principal magistrate Don So Man-lung, who said the presence of social workers at the scene led to chaos and danger, as well as having “fundamentally dealt a blow” to police work.
He said police were duty-bound to disperse protesters by using appropriate force, particularly so when some of them provoked officers by hurling bricks and shining flashlights at them. But the three social workers had disrupted the operation and made it difficult for officers to enforce the law, the magistrate added.
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“The duty of police is not to rally alongside protesters ... Police are entitled to charge at the gathering crowd and jostle protesters to break down their size,” So said.
“In the present case, no one was allowed to stop the advancing officers, just as nobody should prevent police from chasing a robber.”
The presence of social workers on protest scenes is both lawful and appropriate. It is not open to challenge
Defence lawyer Billy Li On-yin urged the court to punish Lau with a fine, adding that he might be subject to disciplinary actions by the Social Workers Registration Board, a statutory body governing social workers.
But the magistrate said a term in prison was appropriate in view of the considerable magnitude of the obstruction caused by Lau and his counterparts.
He also refused Lau’s temporary release pending an appeal against his sentence at the High Court.
Lau’s punishment upset social workers, according to Cheung Chi-wai, vice-president of the Hong Kong Social Workers’ General Union.
“I am extremely angry,” he said in a press conference alongside lawmakers Shiu Ka-chun and Fernando Cheung Chiu-hung, both social workers by profession.
Cheung Chi-wai said the prosecution of Lau and other social workers pointed to the need for society to discuss their roles in protests, where a guardian of peoples’ rights and safety was called for.
“The presence of social workers on protest scenes is both lawful and appropriate. It is not open to challenge,” he added.
Shiu said he believed the sentence was delivered to silence dissent, while Fernando Cheung noted the ruling had set a bad precedent.
