Yellow Back in Force

Chan Kin-man waves to well wishers as he leaves Pik Uk prison in Sai Kung

Amid the crisis of the coronavirus spreading to over 100 countries in the world, at least there was a bit of good news on the political front in Hong Kong today.

Occupy co-founder Chan Kin-man was released on good behaviour after serving 11 months of his 16-month sentence for inciting and conspiring with others to cause substantial obstruction in 2014.

A crowd of well-wishers, including Benny Tai Yiu-ting, Reverend Chu Yiu-ming, Cardinal Joseph Zen Ze-kiun, former Civic Party leader Alan Leong Kah-kit, and Democratic party lawmaker Lam Cheuk-ting, waited for Chan, 61, to come out of Pik Uk Prison in Sai Kung at 9am.

Benny Tai (left) and Reverend Chu Yiu-ming flanked Chan

He rushed to his wife and they hugged before she gave him a bouquet of flowers. Chan then hugged Reverend Chu, who was suitably attired in a yellow sweater and wearing a yellow mask.

"I have been in jail for months, and time in jail must be hard. But I have no regrets because that's the price one has to pay for democracy," said Chan, adding he was happy to see his family and friends. They held a banner with Chinese calligraphy on it that read: "Noble spirits trot thousand mountains", that means with integrity, one could go a long way.

Interestingly the former sociology professor was holding a book by Alice Munro, Canadian and Nobel Prize-winning laureate in literature, whose short stories are set in small towns, and about the complexities life.

He believed the recent anti-government protests were a result of the 2014 disobedience movement, and accused the government of lacking openness, transparency and impartiality. Chan also said he was aware of young people becoming more radical over the past several months, but said the government was responsible for this.

Chan was jailed for his part in the 2014 Occupy movement

After Hong Kong has finished dealing with the coronavirus, protesters will be back on the streets again... will Chan & co be there actively participating or on the sidelines? Given how badly the economy has been battered by the protests and now the coronavirus, protesters may have new tactics on how to get their message across to the government.

The city can't afford to take much more of an economic hit, but at the same time it could be an opportune time to press the reset button in how Hong Kong's economy is run. Maybe protesters will take the lead?

Four of Nine Occupy Leaders Jailed

Dr Chan Kin Man (left) and Benny Tai (centre) were jailed for 16 months

Today nine people who were found guilty on public nuisance charges related to the 2014 Occupy protests found out their fate.

In the end four of them were sent to jail -- two of the founders of "Occupy Love and Peace", Benny Tai Yiu-ting, and Dr Chan Kin-man were both sentenced to 16 months, while legislator Shiu Ka-chun, and League of Social Democrats vice-chairman Raphael Wong Ho-ming were handed eight-month sentences.

The judge, Johnny Chan Jong-herng considered Reverend Chu Yiu-ming's poor health and had his 16-month sentence suspended for two years.

Tanya Chan revealed she a brain tumour diagnosis

Then lawmaker Tanya Chan Suk-chong's lawyer revealed shocking news in the court, that his client was suffering from a life-threatening brain tumour the size of a ping pong ball and needed to undergo surgery in two weeks. As a result then judge adjourned her sentence.

And former lawmaker Lee Wing-tat had his eight-month sentence suspended for two years as the judge considered his years of public service.

Meanwhile former student leaders Tommy Cheung Sau-yin and Eason Chung Yiu-wa, were sentenced to 200 hours of community service, and eight months' of jail respectively, but Chung also had his jail sentence suspended, with their ages (25 and 26 respectively) taken into consideration.

Although the judge criticized the nine for putting their political demands before the lives of others, he also noted the protests were non-violent, and the goal was not motivated by "greed, lust, anger, or monetary reward", though the obstruction was serious and its duration extensive.

Reverend Chu Yiu-ming wept as he left court

"The nine defendants just looked up to their aspirations... but they failed to notice the ordinary folks who needed to use the carriageways," the judge said, describing their would-be "martyrdom" as "contorted".

He added the group never apologized to the public for causing such an inconvenience for 79 days.

After he walked out of the dock, Chu burst into tears without his friends, Tai and Chan.

 "In the past five years, we have never been apart," the reverend said, before leaving court. "Today, they were sentenced to jail. I'm in immense sorrow. I am truly willing to go with them."

The relatively light sentences show the judge felt the defendants were honest about their motivations, though he said they were "naive".

The unforgettable protest in 2014 that lasted 79 days

This was a relief, because if the sentences had been harsh, tensions would have continued to rise. Can we finally move forward? That depends on Carrie Lam administration -- or shall we say Beijing? This case has dragged on too long and today it has finally ended.

It's a sad day for the fight for democracy in Hong Kong, though some might say it's just a blip in the long term...

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.

Ushering the Year of the Dog

In the late afternoon there were thousands of people in Victoria Park

Happy New Year of the Dog!

I just got back from Victoria Park where the largest flower market is, and it was pretty full of people. Lots of them were clutching large cushions shaped like dogs, or eating long bamboo skewers with strawberries covered in sugar. On the news we saw people selling cushions shaped like egg custards but we didn't see them. Too bad!

Pots of gorgeous orchids for sale

Students at the market hone their selling skills, as many schools rent booths and try to sell merchandise. Most of the time they break even selling plush toys or snarky items like canvas bags with a caricature of tycoon Li Ka-shing and it says, "Are you a man or are you a dog" with a picture of a canine.

Ouch!

Another canvas bag said "Error 404. Site not found". Sound familiar?

The snacks were pretty popular too. We saw one woman rolling globs of glutinous rice flour paste into an orangey nutty mixture and then cutting them up for people to eat. That was delicious, around HK$25, and dragon beard candy was only about HK$15.

Even HK$25 succulents could be snapped up

For many people eating these snacks are nostalgic -- you can't find them often around shops or street corners anymore, so now's the time to indulge. We also go a kind of wafer with desiccated coconut and sugar wrapped in a thin crepe that was HK$8 for two.

We also saw Occupy leaders Benny Tai Yiu-ting and Chu Yiu-ming waving to people and smiling. They were soliciting donations and in return people could get fai chun or Chinese couplets with good wishes for the new year.

A friend remarked the pan-democrats trying to solicit donations weren't getting much love from the public this year, perhaps focusing instead on the holiday than political activism. With the Hong Kong government legally cracking down on civil disobedience, it tempers people's appetite to protest.

Nevertheless, visiting Victoria Park was not too stressful -- everyone was in a good mood and patiently making their way through the lanes.

Many picking up flowers for the start of the new year

新年快乐！恭喜发财！身体健康！ 万想如意！

Making Fresh Demands Again

Some 13,000 people showed up to protest for universal suffrage this afternoon

My weekend was totally sidelined by a terrible bug that wreaked havoc with my stomach... as a result I couldn't take part in the first major pro-democracy march since the Occupy/Umbrella Movement protests ended in December.

Organizers were hoping for 50,000, but only about 13,000 showed up to march from Victoria Park in Causeway Bay to Chater Garden in Central.

Nevertheless young and old were there, many carrying banners that read, "I want true universal suffrage", echoing demands from the massive 79-day protest last year.

Before today's event, there were concerns if the protest would go ahead after police warned protest organizers to have about 100 marshalls to prevent people from "occupying" Chater Garden, but they claimed to only have about 60 to 70 on hand.

Young and old came out with yellow umbrellas to march

Police also didn't want to take any chances and had some 2,000 officers fanned out throughout the route, which now in hindsight seems unnecessary, as the appetite for protest marching has died down.

Reports say the rally happened smoothly and those who started near the head of the rally that was led by Occupy founders, Benny Tai Yiu-ting, Chan Kin-man and Reverend Chu Yiu-ming at around 2.20pm, finished in Central about two hours later.

"The [turnout] is indeed fewer than what we expected, but this only shows that Hong Kong people are no longer satisfied with conventional ways of protest," said organizer Daisy Chan Sin-ying.

"It doesn't mean Hong Kong people will pocket whatever [proposal] that's on offer," she said. "We will review whether the people want new ways to pressure the government... If the people are tired with taking part in marches; it's not the front which is in trouble, but the government... I am confident Hong Kong people will show up again when the right moment comes."

Chan may be right, as the movement lost momentum after the protests were finally put down by the police in early December. When Beijing continued to firmly back Chief Executive Leung Chun-ying, many became jaded and despondent.

How to keep the protest movement alive is the $64 million question, and anyone will any brilliant ideas will be welcome. In the meantime everyone's back to trying to eke out a living, continue being house slaves and indentured to one of the several tycoons in town as the economy slows down thanks to Chinese President Xi Jinping's anti-corruption crackdown.

What else is new?

Here We Go Again

Twenty-four pan-Democrats walk out of Legco with yellow umbrellas

Chief Secretary Carrie Lam Cheng Yuet Ngor addressed the Legislative Council this afternoon, announcing the second round of public consultation regarding Hong Kong's political reforms.

She said the public being able to vote for the next chief executive in 2017 was "an opportunity not to be missed" and "the only way to create a solid foundation for further democratization".

What a sales pitch.

But instead there is no change on how candidates will be nominated -- as decided by the national legislature in China on August 31 last year -- that the public must choose between two or three candidates who have been chosen by a 1,200-strong nominating committee.

Isn't this what people protested about for 79 days?

As a result, 24 pan-Democrats opened yellow umbrellas in Legco and stormed out while chanting, "I want real democracy".

The pan-Democrats had promised long ago to veto the government's public consultation, though Lam urged them to give up their protest.

Chief Secretary Lam is in tough position to deliver

"At this stage, any person refusing to participate in the consultation, or even vowing to veto any constitutional development proposal... is tantamount to depriving 5 million eligible voters of their opportunity to elect the chief executive by universal suffrage," she said.

"Even if certain 'legal space' is available, the 'political space' must be created by all of us. I urge all Lego members to think twice and not to destroy completely the limited 'political space' remaining before the second round of public consultation has yet to commence.

"Adopting a negative and uncomfortable attitude, or even taking confrontational acts... would only aggravate social conflict and internal attrition, and cause harm to the ... well being of the whole society.

Meanwhile some critics felt the consultation process did not acknowledge the Umbrella Movement and what protesters were demanding.

But a government spokesman said the report had "reflected truthfully the events related to constitutional development" from August 31 to December 15".

Yesterday the police announced over 30 key figures of the Umbrella Movement face prosecution and must report to Wan Chai police station. These include Civic Party's Alan Leong Kah-kit, League of Social Democrats' Leung Kwok-hung, as well as the Occupy Central trio: Reverend Chu Yiu-ming, Benny Tai Yiu-ting and Dr Chan Kin-man.

Federation of Students' Alex Chow Yong-kang was also named along with Joshua Wong Chi-fung and Eason Chung Hiu-wah, or Federation of Students.

They have been asked to to go police headquarters to assist in the investigation over unlawful assembly. Those who show up will be arrested for instigating, organizing or aiding and abetting an unlawful assembly over the 79 days.

Security Secretary falls asleep as Lam speaks in Legco!

So what is the government doing? Just as the consultation kicks off, it silences its loudest critics. How appropriate.

However, one should also observe, that while Carrie Lam was speaking in Legco, Security Secretary Lai Tung-lok was spotted in Legco slumped to one side and asleep!

Reports say he leaned so far to one side that it looked like he may fall off his chair!

Is this what Lai really thinks about political reform in Hong Kong? Sounds like Lam's speech was hardly invigorating...

Occupy Organizers Bow Out

The Occupy organizers are ready to turn themselves into police tomorrow

Benny Tai Yiu-ting, Reverend Chu Yiu-ming and Dr Chan Kin-man have announced they will surrender themselves to police tomorrow (Wednesday) at 3pm in the hopes it will bring an end to the Umbrella Movement and urged the protesters to save their energy and regroup later in their fight for democracy.

During the press conference today, Reverend Chu was teary-eyed, wiping his eyes while Tai spoke. They hope that by "sacrificing" themselves legally they can protect the young people from getting more hurt or into more clashes with police.

"For the sake of the occupiers' safety, for the sake of our original intention of love and peace, as we prepare to surrender, we three urge students to retreat and put down deep roots in the community and transform the movement to extend the spirit of the umbrella movement," Tai said.

However will the students and die-hard protesters listen to them and continue their occupation of the sites? Or will they quietly leave after over two months of civil disobedience?

And how will the police deal with the adult trio? Will they even bother to "arrest" them? Or will they be treated like those who have been extradited back to Hong Kong because of serious crimes?

While there are probably many lawyers who are willing to defend the three for their persuading others to commit civil disobedience for the good of Hong Kong, how would this argument stand up in court because it happened in such a large scale?

Meanwhile Joshua Wong Chi-fung is conducting his hunger strike and critics have joked he is already skinny so how long can he last?

What is the end game? The courts have granted court injunctions for part of Connaught Road and and Harcourt Road to be cleared -- in Central and Admiralty respectively -- again for a tour bus company and not the government.

While the Occupy trio are doing the gentlemanly thing, it may not solve the problem; it may cause others to become more hard core in their actions or to give up and go home.

Regardless, all the protesters cannot think that their efforts in the past 65 days have been for nothing. They have shown themselves and the world that they are Hong Kong people who have a voice and have spoken out loud and clear.