Wednesday, 13 April 2022

Activist Jailed for Unlawful Assembly


Commuters were attacked by men in white shirts July 21, 2019

Many Hongkongers will forever remember the Yuen Long attacks on the evening of July 21, 2019, when some 100 men in white shirts with sticks and rods beat people in the MTR station, not only on the concourse but in the train carriage as well.

It was such a shocking incident that people watched the events unfold live, and one journalist, Gwyneth Ho Kwai-lam filmed herself being assaulted by a middle-aged man. Forty-five people were injured, including lawmaker Lam Cheuk-ting.

Attackers went into MTR trains to assault people
Only seven people were convicted and sentenced for the assaults.

A week after the horrific incident, activist Max Chung Kin-ping organised a "Reclaim Yuen Long" march on July 27, 2019.

However, the police filed a Letter of Objection, saying the protest may cause traffic disruptions. 

While Chung suggested he would march alone, and urged people not to follow him, some 288,000 people showed up that day to show support for the district, and by 5pm the police started firing tear gas at the protesters.

Today Chung was jailed for 16 months after he pleaded guilty to organising an unauthorised assembly.

District Judge Amanda Woodcock described the atmosphere in Yuen Long in the days after the mob attack as a "tinderbox situation", and the banned demonstration was a potential source of violence.

Chung pleaded guilty to unauthorised assembly
She did not believe Chung did not see emotions were running high and that violence could have erupted easily.

Woodcock noted the defendant used "provocative and inflammatory" language and "covertly" asked people to participate in the unauthorised procession.

"[Chung] made a conscious decision to break the law... actions have consequences for everyone...," she said.

In addition Woodcock disagreed with the defence's argument that the court should not blame him for violent acts that took place adjacent to the demonstration route he proposed.

The court also dismissed the defendant's plea that it was "unfair" for Chung to be prosecuted more than two years after the demonstration took place. The prosecution said it had taken time to look into a high volume of evidence, and Woodcock said relevant parties faced a heavy workload.

"Two years was not a very long time... there was no intentional delay. More importantly, I see no prejudice...," the judge said.

Some 288,000 came to Yuen Long on July 27, 2019
Chung was originally sentenced to 24 months in prison, which was then reduced to 16 months for submitting a guilty plea. 

He was arrested the day of the protest but he was not charged. Chung was later apprehended last August and remanded in custody since. 

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