HK court sentences organizers of 'Occupy' movement

A court in Hong Kong jailed leaders of the so-called Occupy movement on Wednesday for up to 16 months for their roles in protests that brought much of the city to a virtual standstill in 2014.

Four of the nine people convicted, including two of the three chief organizers - Benny Tai Yiu-ting and Chan Kin-man - were jailed immediately after the court delivered its sentence.

In passing down the sentences, judge Johnny Chan Jong-herng said immediate imprisonment is the only appropriate penalty, considering the profound influence and extensive impact the protests inflicted on society.

Chan said the protests went far beyond past cases submitted to the court as reference for sentencing.

None of the convicted individuals showed any remorse over their misconduct, and the public has yet to receive the apology it deserves for the pain and inconvenience the protests inflicted, the judge said.

Tai and Chan Kin-man were sentenced to 16 months in prison for conspiracy to commit public nuisance. Convicted of the same charge, their accomplice Chu Yiu-ming was also sentenced to 16 months, suspended for two years.

Three others - incumbent lawmaker Shiu Ka-chun, Raphael Wong Ho-ming and Chung Yiu-wa, were each given an eight-month jail term for incitement to commit public nuisance, and incitement to incite public nuisance.

The jail term for Chung was suspended for two years.

Also convicted on the same two charges, Tommy Cheung Sau-yin was ordered to perform 200 hours of community service.

Former lawmaker Lee Wing-tat was convicted of incitement to commit public nuisance. He was given eight-months in prison, suspended for two years.

The sentencing of legislator Tanya Chan Suk-chong was postponed until June 10 because of her poor health. She was convicted of two incitement charges.

The nine were convicted of the public nuisance-related charges on April 9. Each charge carries a maximum jail term of seven years under Hong Kong's Crimes Ordinance and the Criminal Procedure Ordinance.

Some of the eight who were sentenced, including Benny Tai, intend to appeal, their legal representatives said.

Speaking before the court's sentencing, the Hong Kong Special Administrative Region's Chief Executive Carrie Lam Cheng Yuetngor said the government would respect the court's decision.

Hong Kong is a society where the rule of law is always upheld, and both the government and the public must respect and strictly abide by the law, Lam said.

Lam stressed that the government respects freedom of speech, assembly and demonstration. She hoped the public would exercise their rights in an orderly manner.

The court's decision was well-received by the legal sector in Hong Kong. Senior counsel and executive councilor Ronny Tong Ka-wah said the sentencing is a victory for the rule of law and a lesson for the young people. It will also serve to deter similar illegal protests in the future, Tong said.

Under Article 79 of the HKSAR Basic Law, lawmakers could lose their seats if jailed for one month or more, once a motion to relieve them of their duties is passed by two-thirds of the Legislative Council members present.

They can also be deprived of the right to run for legislative elections for five years if the penalty exceeds three months' imprisonment, according to the Legislative Council Ordinance.

The 79-day sit-ins between September and December 2014 drew thousands of demonstrators onto the streets, paralyzing major business intersections and inflicting losses on many industries, particularly hotels, catering, transport and tourism.

heshusi@chinadailyhk.com

(China Daily Global 04/25/2019 page4)