Harsh charges used against Occupy leaders could have ‘chilling effect’ on future of social movement in Hong Kong, legal experts warn
- Court found the group all guilty of at least one count of conspiracy to cause public nuisance, inciting others to cause public nuisance, or inciting others to incite
- Convictions may lead to organisers thinking twice about holding rallies in the future, Civic Party official says
The successful conviction of the nine leaders of the 2014 Occupy movement using charges that carry harsher punishments could have a chilling effect on Hong Kong’s social movement in the future, legal experts and rights groups said on Wednesday.
They were responding to the West Kowloon Court ruling the day before which found the group all guilty of at least one count of conspiracy to cause public nuisance, inciting others to cause public nuisance, or inciting others to incite. Prosecutors used three charges that were not statutory but common law offences, and each carries a maximum punishment of seven years in prison.
Former Bar Association chairman Alan Leong Kah-kit said the three charges were unclear and could have a chilling effect on the organisers of any future rallies.
“What is public nuisance? It means one should not disproportionately affect the rights of others,” said the senior counsel, who is also chairman of the opposition Civic Party. “But there is no objective definition of that.”
Leong said the turnout at rallies was unpredictable and they could be rendered unlawful if they attracted bigger crowds than expected.