Don’t emulate Pontius Pilate: Hong Kong magistrate refuses to jail three Occupy student leaders
Government prosecutors argued that community service orders were insufficient over storming of government headquarters forecourt
Eastern Court magistrate June Cheung Tin-ngan spared jail for newly elected lawmaker Nathan Law Kwun-chung and student activists Joshua Wong Chi-fung and Alex Chow Yong-kang last month after finding them guilty. But reviewing her ruling yesterday, prosecutors argued that the only suitable option should be immediate custodial sentences.
Counsel Edwin Choy Wai-bond, for Chow, urged the magistrate – in a biblical reference – not to be like Pilate, the Roman governor who bowed to mob pressure to hand Jesus Christ over to his enemies for crucifixion.
He also said he felt for the prosecutors, who had to “turn the law upside down”.
Refusing to jail the trio, Cheung said she had considered all the grounds put forward by the prosecutors in her earlier ruling.
Supporters burst into cheers and applause as soon as they saw the three walk free from Eastern Court.
Chow, 25, another prominent student leader of the movement, was given a three-week jail term suspended for one year.
The trio were found guilty of taking part in an unlawful assembly and inciting others to take part in the protest on September 26 two years ago.
But deputy director of public prosecutions David Leung Cheuk-yin SC on Wednesday argued that an immediate jail term would be required as the trio’s act was premeditated and they had shown no genuine remorse.
Citing past cases, Leung drew a parallel with an illegal assembly involving triad members with dyed hair and identical T-shirts.
But Cheung said: “The prosecution would agree that triads aiming for their own benefit would be different from students pursuing idealism?”
Wong, Law and Chow stormed the east wing forecourt at government headquarters – popularly known as Civic Square – with others in a radical protest that was the immediate catalyst for the 79-day Occupy protests.
Their goal was to seek dialogue with Chief Executive Leung Chun-ying over the rigid framework Beijing had set for the city’s leadership election next year.
Cheung was reluctant to impose a deterrent sentence earlier, concluding that the three had expressed their demands based on genuinely held political ideals or concern for society.
Speaking outside court yesterday, the trio accused the authorities of prosecuting them because of political motives.
Law, the youngest lawmaker ever elected in the city, thanked the magistrate indirectly by referring to a group of “guardians” dedicated to protecting the city’s establishment from within.
Wong vowed to carry on with further acts of civil disobedience.
Chow, who leaves on Thursday for Britain to further his studies, said: “We truly believe that our move to reclaim Civic Square was done out of courage and conscience.”
The Department of Justice is considering its next step.
