Prosecutor sums up saying freedoms do not include the right to breach the peace

Promoting general welfare for the society does not mean tolerating demonstrators who breach the peace, a prosecutor concluded on Thursday in her closing remarks at the trial of two activists charged after a protest against Chief Executive Donald Tsang.

Wong Chun-kit, 25, and Wong Ho-ming, 22, both members of the League of Social Democrats, are charged with behaving in a disorderly manner in a public place when they protested against the Chief Executive outside the Hong Kong Museum of History in Tsim Sha Tsui on March 1.

Prosecutor Vinci Lam Wing-sai rebutted the defense lawyer's closing statement that the demonstration by the accused would "encourage the public to contemplate the social status quo".

Lam said the case has nothing to do with the purpose of the demonstration, and that no "reasonable excuses" can rationalize the conduct that led to a breach of peace.

She cited the Basic Law as well as the Hong Kong Bill of Rights Ordinance and said that the freedom to demonstrate and freedom of expression are subject to certain restrictions, including "respecting the rights ... of others; or the protection of public order".

"What is stated in the law should not be exempted in cases of demonstrations. A civilized and democratic society cannot accept conducts that breach the peace and threaten the security of the public," Lam told the Kowloon City Magistrates' Court.

Douglas Kwok King-hin, lawyer for the two defendants, agreed the peace should not be breached, but contended it is "inappropriate to settle another bottom line to require the demonstrators behaving extremely orderly".

He denied he interpreted "tolerance" as tolerance of violence, but continued: "the essence of tolerance should be placed under the context that the spirit of pluralism and broad-mindedness be upheld."

Kwok carried on that one of the defendants Wong Ho-ming was videotaped grabbing a handful of rice from the ground, shouting some slogans, but showing no sign that he intended to throw it at Donald Tsang, which should be "an objective representation" that Wong posed no threat when "objectively reviewed".

Kwok said Wong's action was just a means of venting the protester's outrage towards the budget speech and the welfare system for retired people.

Magistrate Johnny Chan Jong-herng however said the video cannot prove that Wong Ho-ming would not have thrown the rice abruptly at that time.

The case was adjourned to Sept 2, when Chan will deliver the verdict.

andrea@chinadailyhk.com

China Daily

(HK Edition 08/12/2011 page1)