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.

Desperately Seeking Young FOBs

Hong Kong apparently needs even more people to keep it going...

The Hong Kong government is looking to second generation overseas Hong Kong people to come back to the city to work to solve the aging demographic and lack of skilled labour.

However, do they want to come despite the pollution, crowded environment and not to mention soaring rents and property prices?

Chief Executive Leung Chun-ying talked about a pilot scheme in his policy address on Wednesday, where children born to permanent Hong Kong residents who have emigrated, can apply for a one-year visa to look for jobs here. Applicants need to be aged 18-40, have a university degree, and prove they can afford to live in the city.

However, last year about 3,000 second-generation overseas Hong Kong people had their applications rejected for identity cards, and this is the exact demographic the government is now targeting.

This lack of foresight isn't going to help the situation, and the government is hardly making the city enticing when it blames young people for taking part in the Umbrella Movement last year.

Or maybe the Leung administration thinks the calibre of young people they are looking for either a) have no clue what is going on politically, socially and economically in the city or b) they would be too well educated to even participate in civil disobedience.

But when you are inviting second generation Hong Kong people to the city, it doesn't necessarily mean they can read, write or speak Cantonese. But seems like Leung is overlooking the language part as long as they are literate in English...

There could be people who was to make a go of starting out their careers here, though entry-level jobs here hardly pay enough to cover rent. And do we need more ABCs and CBCs who are loud-mouthed and pissed drink in Lan Kwai Fong?

But there could also be bankers keen on making even more money in Hong Kong, but those practicing law, medicine and dentistry could have a hard time getting licensed here without writing those exams that are almost impossible to pass -- or can the government help them bypass the system?

Now that would be a big selling point for more young professionals to come here.

Have you thought of that, CY?

People's Daily Rant

Some of the many message posted on the "Democracy Bus" in Mongkok

The students' deadline for Chief Executive Leung Chun-ying to resign is at 11.59pm tonight and there is no sign he is going to do that.

While the students have promised to escalate the situation by occupying government offices, there are concerns they might try to break in his offices.

And this may explain why this afternoon the police were seen -- photographed by the media -- bringing in barrels of "corrosive" material, anti-riot gear and what looked like rubber bullets.

Why these were so openly photographed is not clear -- perhaps a scare tactic? But word has gone around several times to everyone to be prepared.

It's frightening to think something may happen tonight and I really hope the students know what they are doing and what they are risking because it looks like the police are egging on a fight.

Meanwhile The People's Daily published a scolding message to Hong Kong people, emphasizing how the Occupy movement is "illegal" and how it is disrupting the city's economic development.

People helping out with stocking supplies in Admiralty

It's all tied to money, isn't it?

Here's the full text:

Cherish positive growth: Defend Hong Kong's prosperity and stability

In the early hours of September 28, residents of the Hong Kong Special Administrative Region came together as part of an illegal gathering -- so-called "Occupy Central" -- disrupting social order and harming Hong Kong's economic livelihood. "Occupy Central" will have negative consequences for Hong Kong and all its people. If it continues, these consequences will be unimaginable.

During this extraordinary moment, the people of Hong Kong should unite in supporting the law of the Special Administrative Region's government and the firm decisions of its police force, and quickly restore public order. They should act in accordance with Hong Kong Basic Law and the provisions set out in the decision of the Standing Committee of the National People's Congress, in order to push for the development of a democratic system that suits the realities on the ground in Hong Kong.

"Occupy Central" has destroyed the foundations of society in Hong Kong. One of these foundations, the rule of law, is also one of Hong Kong's core values. An extremely small number of "Occupy Central" people have, for their own self interest, ignored the law. They have incited the masses, paralyzed transportation, disrupted businesses, stirred up conflict and interfered with the daily lives of Hong Kong people. This has gone so far as to threaten people's safety, as well as their property. These activists ought to be held legally responsible for this unlawful behaviour. Therefore, we first insist that we will resolutely support legal action taken by the government of Hong Kong to defend the Special Administrative Region's core values and its people. We also advise that those responsible for "Occupy Central" and any other participants stop their illegal activities at once, and restore calm and order.

In Hong Kong, the channels of communication are wide open. Anyone who disagrees with the stance taken by the Standing Committee is more than welcome to use normal, sensible channels of appeal. To communicate, one ought not resort to extremes like "Occupy Central". This is not communication, it is confrontation. By now, a small number of people in Hong Kong are insistent on resistance and provocation, and in the end they will suffer because of it.

A reference to John Lennon's iconic song in yellow

"Occupy Central has undermined Hong Kong's unwavering prosperity. The vast majority of people in Hong Kong agree that economic growth and the improvement of people's livelihoods are the most important challenges facing them today. But "Occupy Central" tosses aside economic growth and people's wellbeing, and does immediate damage. It's not fair that Hong Kong stock market tumbles day after day, with financial institutions being forced to temporarily shut down some operations. Many organizations have also cancelled trade and social events. The traffic and safety situation now in Hong Kong has led schools to close, even leading to the cancellation of the much-anticipated National Day fireworks. "Occupy Central" has shamed Hong Kong. If it continues, it will undoubtedly damage Hong Kong's reputation as a hub of international business, directly harming the lives of everyday people.

"Occupy Central" will obstruct Hong Kong's smooth transition to democracy. The Standing Committee's August 31 decision on the general election of the Special Administrative Region's chief executive is based on the provisions of the basic law, and was made with full awareness of the views of all the people of Hong Kong. It was made in accordance with the realities on the ground in Hong Kong, and is favourable to upholding its sovereignty, safety, economic growth, and long-term prosperity. It has unshakeable legal status and validity. What the "Occupy Central" activists have done is to harm such legal foundations, impeding the way to the original goal of universal suffrage by 2017.

One of the politest protests so far...

We hope all people in Hong Kong treasure and defend this favourable phase of stability and growth, act in accordance with basic law and the Standing Committee's decision, behave reasonably and pragmatically, come to a common understanding, and join together in promoting a transition to democracy that suits the realities on the ground in Hong Kong.

The tone of the editorial is clearly condescending, trying to reason a wayward child into going back to the straight path. Occupy Central has happened over five days... and the consequences for stretching yet another day are?

In the second paragraph, the people came out in droves because they did not agree with what the Hong Kong government and police were doing! They were so angry that the police were so heavy handed in using tear gas on the unarmed students that more people came out on the streets...

The editorial goes on to say that Occupy Central has "destroyed the foundations of society in Hong Kong -- in fact the opposite is true. Having gone through all the districts myself yesterday, what the protests have created are a united community, a friendly and civilized community that cares for each other. Obviously no one from the People's Daily has come to experience it for his/herself.

As for "the channels of communication being wide open", Hong Kong people have been waiting for years to have one man, one vote, that was promised in the basic law. And for China to change the rules and say that candidates must be vetted by Beijing create what many have called "a fake democracy".

Hong Kong people have spoken -- they don't want what Beijing has proposed -- so the ball is now in the mainland's court. They are now waiting to hear what it has to say...

Everyone is keen on the city's economic development, but the Occupy movement has demonstrated that even money isn't as important as democracy. The stock market did not crash -- only a few percentage points -- and the Hang Seng Index isn't performing particularly stellar these days anyway. And what a pity that the fireworks were cancelled yesterday! We are all upset. Not.

Interesting the editorial says "'Occupy Central' has shamed Hong Kong -- when in fact it has shamed the Hong Kong and Chinese governments. They completely mishandled and misread people's frustrations and anger despite the latter's deployment of people on the ground who are apparently tasked with trying to find out what local people think. Someone obviously got the reports wrong...

And finally, people here do not accept the Standing Committee's decision which is why they are out on the streets participating in civil disobedience. No one is listening to them! In fact negotiations with the pan-democrats went no where, and so Hong Kong people have resorted to having to speak up for themselves.

Should this be a surprise?

We hope tonight will not end badly -- we hope things will calm down and that rational heads will prevail. We are not asking for the students to back down but to be firm and continue to fight for what they believe in.

But we don't want violence -- the protesters have been so amazing so far and because of it they have given the police and the government no excuses to shut things down. They need to continue on this same path.

Support and Tensions Rising in HK

Student protestors hung out at Tamar again for another night...

In the last few days, people have been posting their student pictures on Facebook and now I know why -- they are showing their solidarity with the student protestors, now out occupying the Central Government Offices at Tamar.

While friends and colleagues can't be out with the secondary and university students demanding universal suffrage, they are trying to show their support virtually.

Today there were some 1,200 secondary students who joined the fifth day of boycotting classes, which is far more than what Scholarism organizers led by Joshua Wong Chi-fung had expected.

"We originally thought only 100 students would join the strike. The turnout is 15 times our estimate and is complete out of our expectation," said the group's spokesman Agnes Chow Ting. "[The turnout] reflects there's a need to reform the [political] system... the government should listen to public opinion."

Secondary students had been warned to get permission from their schools and parents before being able to attend the sit-in. While some did get permission from both, or were even accompanied by a mother or father, some defied both to listen to speeches about democracy and civil disobedience.

Ho Ho-yin is a Form Five student in Ng Yuk Secondary School in Sha Tin, who joined the boycott with six classmates.

"The central and local governments have completely ignored Hong Kong people's voice, so I believe a stronger action, like a class boycott, could prompt the officials to listen to us," he said.

A woman named Mrs Lam who accompanied her Form Five daughter to the rally said: "I support the students to boycott classes if they have the ability and independent thinking to understand what's going on," she said. "The government has faked Hong Kong people over political reform and I do not think the reform proposal could still be amended in the future."

Students storming Civic Square tonight

The latest development now (11.30pm local time) is that some students have managed to break into Civic Square, the forecourt outside Central Government Offices. Some forced their way through a gate, while others climbed over the security fences -- catching the police off guard.

As they stormed the gate, the students shouted, "Open the gates!" What followed were chaotic scenes and police finally managed to secure the square with a few dozen students still inside.

There are reports that Scholarism's Joshua Wong has been arrested, along with three others, and there are unconfirmed reports that pepper spray was used.

At least three people were injured and attended to by paramedics...

It's going to be a long night...

Hong Kong's New Normal

Looking at Hong Kong from a new perspective...

Hong Kongers are still reeling from Sunday's news about so-called election reform set out by the National People's Congress Standing Committee.

Many feel defeated and wonder how to move forward. There seems like there is no room for any negotiations. Take it or leave it.

Tonight I took the bus home after an early dinner and was surprised it was completely full. It got me thinking about each of these passengers, how we are all eking out a living on salaries that have not risen with inflation, rents and housing prices going through the roof, and with it the price of food in restaurants, new clothes and entertainment.

We are all in survival mode, thanks to the handful of tycoons who control the city, and a lame-duck government that carries out orders from Beijing.

Did Occupy Central push too much? Perhaps in China's eyes it did. There's confusion over whether there is still an appetite to commit civil disobedience now, and doing it on a public holiday seems useless.

In fact doing anything to protest now seems even more pathetic than what we did a few months ago.

What is going to happen to Hong Kong now? We are all just focused on trying to survive, instead of thinking outside the box and making Hong Kong grow and develop into a community and society we want to live in.

The city is fast losing its lustre with its "Lion Rock" spirit fast evaporating. It's not sheer hard work and determination that will get you far here -- it's who you know and have a pro-Beijing attitude.

The Hong Kong we used to know is fast disappearing before our eyes and we have to quickly adjust to the new normal...