Martin Lee hugged the media and supporters in his car as he left the courtroom
In August 2019, during Hong Kong’s anti-China movement, the pro-democracy camp was banned by the police from organizing the 8-18 march, and only the rally at Victoria Park was approved. The police arrested nine pro-democracy activists, including the founding chairman of the Democratic Party, Lee Chu-ming, and the founder of Next Media, Lai Chi-ying, for organizing and participating in an unauthorized rally on the same day.
The judge said a prison sentence was the only option, and the nine defendants were sentenced to eight to 18 months in jail, while three legal professionals, including Martin Lee, Ng Yau-yee and Albert Ho, were suspended for two years; former Legislative Council member Leung Yiu-chung Leung Yiu was suspended for one year. The former Democratic Party Chairman Yeung Sum was puzzled by the sentences and questioned the court’s cooperation with the State Security Department in restricting the right of Hong Kong people to march and assemble.
The nine defendants in the high-profile case of the “8-18 rally” in Victoria Park, the anti-SEC movement in Hong Kong, include 82-year-old Lee Chu-ming, the founding chairman of the Democratic Party and the “father of democracy in Hong Kong,” 72-year-old Lai Chi-ying, the founder of Next Media, 64-year-old Lee Cheuk-yan, the chairman of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, and 69-year-old Lee Cheuk-yan, the vice chairman of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China. Lee Cheuk-yan, 64, chairman of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China (HKASPDMC), and Albert Ho, 69, vice chairman of the HKASPDMC, as well as a number of former legislators from the pro-democracy camp, including Ng Yi Yee, 73, Leung Kwok Hung, 65, Ho Sau Lan, 66, Leung Yiu-chung, 67, and Au Nok Hin, 33.
9 democrats sentenced to 8 to 18 months in prison
Eight of the defendants were charged with two counts of organizing an unauthorized assembly on Aug. 18, 2019, and knowingly participating in an unauthorized assembly. Leung Yiu-chung was charged with one count of knowingly participating in an unauthorized assembly, and he and Au Nok Hin pleaded guilty at the opening of the case.
After a month and a half of trial, Judge Wu decided on April 1 that Li and the other seven defendants who pleaded not guilty were all guilty; sentencing was adjourned until Friday morning (April 16) at the West Kowloon Magistrates’ Court.
After hearing the plea of the defendants, the judge said at the sentencing in the afternoon that imprisonment was the only option for each defendant. Lai Chi-ying and Lee Cheuk-yan were sentenced to 12 months in prison, Leung Kwok-hung to 18 months, Ho Sau-lan to 8 months and Au Nok-hin to 10 months, and five defendants to immediate imprisonment.
Martin Lee Ng Yau Yee Ho Chun Yan Leung Yiu-chung received a suspended sentence
Three members of the legal profession, including senior barrister Martin Lee, were sentenced to 11 months in jail, while barrister Ng Mui Yee and practicing lawyer Albert Ho were also sentenced to 12 months in jail, and their sentences were suspended for two years.
A large number of citizens lined up outside the courtroom to stand in solidarity with the defendants. When the court adjourned at noon, some people came up to shake hands with Martin Lee and chanted slogans of support for him, including “Support Martin Lee, thank you, support Martin Lee, go for Martin Lee”.
Lee Chu-ming, the founding chairman of the Democratic Party, was sentenced to 11 months in prison and two years of probation for the 8-18 rally. (Voice of America/Tang Huiyun)
When he arrived at the court in the morning, Lee, who was convicted for the first time, was surrounded by a large number of reporters for interviews.
Martin Lee said, “The most important thing is to continue to have hope, because as long as we have hope, everything will work out.”
3 defendants in 8-31 prayer march case sentenced to 6 to 8 months in jail
Judge Amanda Woodcock also sentenced three defendants, Lai Chi-ying, Lee Cheuk-yan and Yeung Sum, former chairman of the Democratic Party, to six to eight months in prison on Friday afternoon at the West Kowloon Magistrates’ Court in another case of the anti-China movement: the 8-31 Hong Kong Island “March of Prayer for Hong Kong Sinners”, which took place last Wednesday. The three defendants, Lai Chi-ying, Lee Cheuk-yan and Yeung Sum, former chairman of the Democratic Party, pleaded guilty to participating in the unauthorized march at the trial last Wednesday (April 7).
Wu Ya Wen believes that the case sentenced to imprisonment is also the only option, with one year in prison as the starting point for sentencing, because the defendants only pleaded guilty before the trial, can only get a quarter of the sentence deduction, and in view of Lai Chi-ying’s health condition, and then reduce the sentence by one month, sentenced to 8 months in prison.
Lee Cheuk-yan, the chairman of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China (HKASPDMC), was sentenced to 14 months in prison for the 8-18 running rally case and the 8-31 prayer march case. (Voice of America / Tang Hui Yun)
Yang Sen suspended the sentence of Lai Chi-ying and Lee Cheuk-yan added two months to his sentence.
Yang Sen, 73, received a one-month reduction in his sentence due to his old age, and was also sentenced to 8 months in prison. The judge suspended his sentence for 12 months in consideration of his contributions to the education and social work sectors, while Lee Cheuk-yan was also sentenced to six months in prison but not suspended because of his contributions to society.
Lai Chi-ying and Lee Cheuk-yan were sentenced to one year in prison for organizing and participating in an unauthorized march in the 8-18 assembly case. The judge said that since the two cases occurred two weeks apart, he agreed that two months of the sentence in this case should be served in phases with the 8-18 case, that is, two months on top of the 12 months of imprisonment in the 8-18 case, and Lai Chi-ying and Lee Cheuk-yan were sentenced to a total of 14 months in prison for the two cases.
Albert Ho (left), one of the defendants, and Yeung Sum, former chairman of the Democratic Party, leave the court to make a statement to reporters
Albert Ho was surprised and disappointed by the starting point of sentencing and his view on sentencing.
Albert Ho and Yeung Sum, who received suspended sentences, met with the media when they left the court. He said he could not believe that the starting point of sentencing for a peaceful demonstration was 18 months imprisonment, and in the past, most of the courts would not prosecute for peaceful demonstrations, or use fines as punishment.
Mr. Albert Ho said, “Today we are very surprised and disappointed with the principles and views adopted by the judge in sentencing. Originally a peaceful, orderly and rational assembly, under the framework of international law or human rights law, should be respected, and also according to many cases, in the past, this kind of peaceful assembly is generally not prosecuted, but today the judge in sentencing after the conviction, she surprisingly from a very negative perspective, to look at this kind of peaceful assembly march. “
The vice chairman of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, Albert Ho, who is a practicing lawyer, was surprised and disappointed by the starting point of sentencing and the sentencing viewpoint of the 8-18 rally case (Voice of America/Tong Wai Yun)
Albert Ho said he was saddened that the other defendants had to serve such a long sentence, and he believed the other defendants would appeal.
Even though we are both on probation today, our sentences are very heavy, I am 12 months in prison, and Yang Sen is only involved (unauthorized marches) are (sentenced to) 8 months in prison, no organization, even though we are now on probation, but we were sentenced to such a sentence, and others are to be immediately imprisoned, to serve a sentence so long. We feel very sad. We believe that the defendant will appeal, we will discuss with the lawyer again.”
Yang Sen said the sentence is unbelievable
He also said that a peaceful assembly is protected by international human rights law and Article 17 of the Basic Law, and that the judge blamed the 2019 social unrest on the march and rally, which ignored the government’s administration and aroused public anger.
She (the judge) said that a lot of the unrest in 2019 is related to demonstrations, but she did not say anything about the government’s administration and police abuses, which have aroused public anger, but all the social unrest is related to demonstrations. In normal times, such a peaceful assembly is at most a fine or community service order, but now the starting point for sentencing, 8-18 months (imprisonment) 18 months, I can even 8 months, that is, imprisonment, such a sentence is unbelievable, I am also very surprised, because I pay attention to these political events for so long.”
Questioning the court’s cooperation with the State Security Department to suppress the peaceful assembly with severe punishment
Yeung Sum questioned the court to cooperate with the State Security Division to suppress the right of Hong Kong people to peaceful assembly and basic human rights with severe punishment. Yang said that if the government listens to public opinion, it can solve the problem, but the judge ignored this point. He believes that Hong Kong people will continue to insist on peaceful protests and will not give up the fight for democracy and freedom.
Yang said: “Now is the court to cooperate with the State Security Department, through a strict law to suppress some peaceful demonstrations? Because peaceful demonstration is a basic human right, is the best way to express our public opinion. In fact, if the government had listened to public opinion and responded positively, it could have solved many social problems, but the judge completely ignored it.
Several pro-democracy groups came to the West Kowloon Magistrate’s Court on April 16 to show solidarity with the nine defendants in the 8-18 assembly case (Voice of America/Tang Wai Wan)
Yang Sen pleaded not guilty but guilty in person
Yang Sen said in person in court last Wednesday that he pleaded guilty but not guilty to the charges against him on August 31, and that he would not plead for mercy. Janssen cited political philosophy scholar J. Rawls’ Theory of Justice, which states that everyone has equal freedom and equal opportunity to be fair, as well as what he called Civil Disobedience, which states that in order to fight for fairer laws, one has to put one’s life on the line.
Yeung Sum said he was using civil disobedience to protest against the draconian law of the Public Order Ordinance, because the police did not issue a notice of no objection to ban peaceful assembly and procession, is a violation of Article 17 of the Hong Kong Bill of Rights and Article 27 of the Basic Law, that is, Hong Kong residents enjoy freedom of speech, of the press, of publication, freedom of association, of assembly, of procession, of demonstration, etc.
Worried about the current political situation in Hong Kong insist on the right to demonstrate and march
Yeung Sum said that he tried to take the law into his own hands because he was very worried about the current political situation in Hong Kong, so he wanted to insist on the right to demonstrate and march. He also said that the “National Security Law” has come into effect, and the National People’s Congress has amended Hong Kong’s political system, which has caused a major retrogression in democracy. Over the years, the mainland parliamentary culture has been gradually injected into Hong Kong’s political system, not only violates the principle of gradual implementation of democracy in the Basic Law, but also makes the democratic process after the transfer of sovereignty in Hong Kong is aborted.
Yang Sen said, it can be said that one country, two systems has become one country, one system, a high degree of autonomy can be said to be ruined. Hong Kong is not only fully governed by Beijing, but also fully controlled. Today, from the election of the Chief Executive to the election of the Legislative Council, it has become a mainland-style election, that is, the result is predicted before the election.
Yang Sen said that the government is using heavy-handed methods in a chaotic world, thinking that harsh law enforcement, massive arrests and prosecutions of political dissidents will deter Hong Kong people. But it has led to the rise of immigration, public grievances are building up, public sentiment is at a low point, and society is more divided.
Former legal legislator Ng Mi-yee was sentenced to one year in prison and two years’ probation for the 8-18 rally (Voice of America/Tong Wai-wan)
Wu’s personal plea to go with the people
The lawyer herself, Wu Hsien-yi, also stood in the prisoner’s box on Friday to present her case in person. Wu said that one of the controversial points of the 8-18 case is the legality of the Public Order Ordinance. She recalled that when she was a member of the Legislative Council in 2000, she had already mentioned in the Legislative Council the contents of the Ordinance that had long troubled the legal profession, and she urged the government to review it at that time so that the public would not refuse to abide by the law.
She said that there was talk of civil disobedience at the meeting and the then Secretary for Security questioned the “threat”; she advised the government at the time that it should not exclude dissent, otherwise it would create conditions that would make civil disobedience inevitable.
Wu said that the freedom of expression and assembly is the most valuable freedom, respect for this right is an important element of the rule of law. She said that she would not only defend freedom in the Legislative Council and the courts, but that it is not enough to just say nice words in the Legislative Council, but also to join the community. When people collectively express their anger, she chooses to walk with the people, otherwise her commitment is all talk and no action.
Wu said the law must serve the people
Wu said, the year before last June 9 and 12, there are 1 million, 2 million people took to the streets, still maintain complete peace, won the world praise. And this case 8-18 rally and march, it is said that 1.7 million people participated, she thinks that no matter how many people, the public in the heavy rain to participate stoically, restrained to show strong voice, completely peaceful.
Wu said that she could not leave the masses and must stand together. She quoted U.S. Judge Anthony Kennedy who said that lawyers should talk to litigants about reasoning, to society about justice, and to power about truth. She stressed that the law should serve the people and she is proud to be a barrister.
She said she is a loyal servant of the law, but more importantly, she is a loyal servant of the people, because the law must serve the people, not the people serving the law.
PFDJ is disappointed with the sentence and regrets the backlog of public grievances
Howie Chan, the convener of PFDJ and the applicant of the 8-18 Victoria Park “flowing rally”, said that compared to the Umbrella Movement’s “nine sons” case, the starting point of sentencing and the sentence of this case are very heavy. It will only make Hong Kong people dare not and will not speak out again in the future, so that public grievances pile up.
Chen Haohuan said that the previous year, on the day of the 8-18 rally, even the government also issued a statement admitting that it was peaceful, but unfortunately, the peaceful statement in exchange for the government’s response is the arrest and prosecution of peaceful, rational and non-violent democratic leaders, and ultimately sentenced to imprisonment. Chen Haohuan asked the government, how to call the public rational and peaceful communication again.
Chen Haohuan also said that he believed that the sentencing of the people of Hong Kong is very angry, he will remember what Martin Lee said, as long as the heart of hope, there will be good results. He believes that as long as the people of Hong Kong insist, the goal of the five major demands will be achieved.
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