Nine Convictions in the Umbrella Movement

These nine were convicted for their role in the Umbrella Movement in 2014

 

The big news today was the conviction of nine pro democracy activists for their part in the Umbrella Movement that began on September 28, 2014 and lasted for 79 days. Now they could face jail terms of up to seven years.

Judge Johnny Chan Jong-herng said the founders of the Occupy movement -- Benny Tai Yiu-ting, Dr Chan Kin-man, and Reverend Chu Yiu-ming were "naive" to suggest that by encouraging people to block roads they could force the government to bow to their political demands, mainly to have universal suffrage in being able to vote for Hong Kong's chief executive.

Supporters today continued the yellow umbrella tradition

Beijing had quashed this idea and instead suggested people could vote for vetted pro-China candidates.

Judge Chan also said that while Hong Kong recognized civil disobedience, it could not be used as a defense for a criminal act -- that is causing public nuisance.

Prosecutors successfully argued that the nine caused obstructions by mobilizing people to block main thoroughfares in Admiralty, Central, parts of Causeway Bay and Mongkok.

The other six who were convicted were legislators Tanya Chan and Shiu Ka-chun, former student leaders Tommy Cheung Sau-yin and Eason Chung Yiu-wa, League of Social Democrats vice-chairman Raphael Wong Ho-ming, and former Democratic Party lawmaker Lee Wing-tat.

Tear gas in Admiralty sparked the Occupy movement

It is worth noting at this point that the last time the charge of public nuisance was applied was in 2001when Alain Robert, the French "Spiderman" climbed up the Hang Seng Bank headquarters wiht his bare hands.

He was charged with causing public nuisance and was originally sentenced to 21 days in prison, but later reduced to a suspended sentence on appeal.

Defense lawyers in this 18-day trial had argued that their clients were being prosecuted on vague charges that carried a harsher sentence than for unlawful assembly, which is a typical charge for protestors.

But Chan rejected the charge would have a "chilling effect" on freedom of expression as the lawyers had argued.

The Occupy Movement occupied Admiralty for 79 days

Reaction to the convictions was swift. Hong Kong's former last governor Chris Patten condemned the verdict, calling the prosecution "vengeful".

"At a time when most people would have thought that the aim of the Hong Kong government should be to bring the whole community together it seems appallingly divisive to use anachronistic common-law charges in a vengeful pursuit of political events which took place in 2014," he said.

The nine are currently out on bail and mitigation hearings continue tomorrow.

It is sad but not surprising the verdict would turn out like this. Prosecutors were keen to nail the pro-democracy activists with harsh sentences so that no one will dare to try to initiate something on this scale ever again.

Nathan Law won a seat in Legco, only to be disqualified later

So much has happened and changed in Hong Kong since 2014 -- awakening people's political rights, record turnouts in legislative council elections in 2016, and then disqualifying newly elected lawmakers for altering their oaths when they were being sworn into office, and now candidates have to agree that Hong Kong is an "inalienable part" of China.

The appetite to go out on the streets again has waned considerably and now participating in protests means wearing face masks to avoid identification on police video cameras.

Passing through Admiralty on the freeway it's incredible that the place was completely shut down and the friendly camaraderie was unforgettable.

The Umbrella Movement will never happen again at this rate, and will just be a memory for many of us.