A ‘noble’ cause: 13 Hong Kong activists who stormed Legco spared jail
Magistrate tells protesters who opposed rural development that speaking up for others ‘is by no means wrong’
Thirteen protesters who stormed Legco two years ago were spared jail terms yesterday by a magistrate who said rallies sometimes served a noble cause.
Before sentencing the defendants to community service in Eastern Court, Jason Wan Siu-ming said: “It could be noble not only because people act for themselves, but they speak up for those that are ignored.
“To speak up and express an opinion for others, especially those who are repressed, is by no means wrong.”
The 13 had taken part in an unlawful assembly on June 13, 2014, when they stormed into the Legislative Council in Admiralty in protest at controversial government plans to develop the northeastern New Territories.
They were not unleashing violence nor hurting people in order to get others to change their views or listen to them
Wan was told that the defendants joined the assembly on the day because they wanted to speak up for villagers who might face eviction as a result of work on new towns.
He noted that the defendants only intended to take part in a peaceful protest that day and that events did not escalate until they realised that lawmakers inside the chamber had approved preliminary funding for the plan.
“Their demand was clear. They were not unleashing violence nor hurting people in order to get others to change their views or listen to them,” Wan said, adding that it was never their intent to damage property or hurt anyone.
Twelve of the protesters were found guilty of taking part in an unlawful assembly after trial. They were: Leung Hiu-yeung, 21, Raphael Wong Ho-ming, 26, Lau Kwok-leung, 23, Leung Wing-lai, 32, Ivan Lam Long-yin, 19, Chu Wai-chung, 18, Ho Kit-wang, 22, Kole Chow Koot-yin, 26, Yim Man-wa, 22, Billy Chiu Hin-chung, 29, Kwok Yiu-cheong, 40, and Chan Pak-shan, 26.
Leung Hiu-yeung was also found guilty of an extra count of obstructing a Legco officer, while the 13th defendant, Wong Kan-yuen, 24, pleaded guilty to one count of taking part in an unlawful assembly and another of forcible entry.
They were all sentenced to 120 hours of community services, except Wong, who got 80 hours, and Billy Chiu Hin-chung and Chan Pak-shan, who were ordered to serve 150 hours.
During their mitigation pleas, most said they did not feel remorse but were sorry that someone was hurt. Wan took this to mean that they did not regret speaking up for the villagers.
He said: “If you say you’re remorseful now, I would think you probably lack a bit of integrity.”
Earlier, the court heard how doors and signs were damaged while a security guard was injured and other staff frightened during the protest.
Wan cast reservations on their protest methods and hoped they had learned their lesson.
“No one would ever prevent you from sacrificing yourself, but when you have to sacrifice others, is it still worth it?” he asked.
He said it would be wrong to disregard people’s safety regardless of how strongly one felt about something.
“Violence only leads to more violence,” he reminded the defendants, urging them to use a wiser way to protest in future.
Outside court, Raphael Wong, vice-chairman of the League of Social Democrats, said the sentence was fair. But he said he would appeal to clarify in a higher court whether it was right for the Legco Commission to have sought assistance from the police, which led to their convictions.
