Southern District Councilor Yuen Ka Wai (front row, from right), Tsuen Wan District Councilor Sham Ao Fai, former Hong Kong House of Representatives Secretary General Wong Chi Fung, and Kwun Tong District Councilor Leung Kai Ching (back row, far right), who were charged with allegedly participating in an unauthorized assembly for their participation in the June 4, 2020 31st anniversary candlelight rally, pleaded guilty in the District Court. (Voice of America/Thang Wai-wan)
Hong Kong police last year denied permission for the first time in 31 years for the Hong Kong Alliance in Support of Patriotic Democratic Movements of China to hold a June 4 candlelight rally in Victoria Park, citing the seriousness of the new crown pneumonia epidemic. A number of pro-democracy activists, including Lee Cheuk-yan, the chairman of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China (HKASPDMC), entered the Victoria Park that night to pay tribute to the victims of the June Fourth Incident. After the incident, 24 pro-democracy activists were arrested by the police and charged for allegedly participating in the unauthorized rally and other charges.
The judge adjourned the case to next Thursday for sentencing, stating that a community service order was not an appropriate punishment and that the defendants would be held in custody pending sentencing. For the first time, people were immediately detained for participating in the June 4 rally, the Hong Kong Alliance in Support of Patriotic Democratic Movements of China expressed surprise, questioning the authorities to deter people from participating in this year’s June 4 rally with severe punishment, indicating that it will continue to organize June 4 memorial activities.
After the June 4 massacre in 1989, the Hong Kong Alliance in Support of Patriotic Democratic Movements of China has been organizing annual candlelight rallies in Victoria Park in Causeway Bay since 1990 to commemorate the victims of the June 4 incident.
Police arrested 24 people for the first time last year for participating in the June 4 rally
The Hong Kong police have approved the Hong Kong Alliance in Support of Patriotic Democratic Movements of China to hold a candlelight vigil in Victoria Park for 30 consecutive years, with tens of thousands or even close to 200,000 people participating each year.
Last year, the Hong Kong Police Force denied permission for the first time in 31 years for the Hong Kong Alliance in Support of Patriotic Democratic Movements of China to hold a candlelight vigil in Victoria Park on the grounds of the seriousness of the new pneumonia epidemic. The president of the Alliance, Mr. Lee Cheuk-yan, vice-president Mr. Albert Ho, founder of Next Media, Mr. Lai Chi-ying, and many other pro-democracy activists entered the Victoria Park that night to light candles in memory of the victims of the June 4 Incident.
After the incident, 24 pro-democracy activists were arrested by the police, including Lee Cheuk-yan, Albert Ho, Zou Xingtong, Tsoi Yiu-cheong, Cheung Man-kwong, Mak Hoi-wah, Wan Siu-kin, Chiu Yan-lai, Leung Yiu-chung, Leung Kam-wai, Lai Chi-ying, Kwok Wing-kin, Chan Ho-hwan, Ho Sau-lan, Wu Chi-wai, Leung Kwok-wah, Wong Chi-fung, Yuen Ka-wai, Leung Kai-ching, Sham Ao-fai, Ho Kwai-lam, Leung Kwok-hung, Chu Kai-dee and Yeung Sum, who were charged for allegedly participating in the unauthorized assembly. The other two exiled defendants, former Hong Kong House of Representatives Founding Chairman Law Kwun Chung and former spokesman for the Hong Kong College and University International Affairs Delegation Cheung Kun-yang, were not present at the court hearing earlier, and the court issued arrest warrants for them.
Wong Chi-fung and four other defendants pleaded guilty
Four of the defendants, including 24-year-old former secretary general of the Hong Kong House of Representatives Wong Chi-fung, two 27-year-old district councillors Shum Ao-fai and Yuen Ka-wai, and 26-year-old district councillor Leung Kai-ching, pleaded guilty in the District Court on Friday (April 30) to one count of knowingly participating in an unauthorized assembly.
The prosecution read out in court the case admitted by both the prosecution and defense, saying that the secretary of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China (HKASPD), Choi Yiu-cheong, applied to the police for a notice of no objection on behalf of the HKASPD in relation to the June 4, 2020 memorial service. However, at that time, the Department of Health considered that the new crown pneumonia confirmed cases soared sharply, the public should maintain social distance to reduce the risk of infection; if a large public gathering is held, it is also difficult to implement preventive measures such as taking body temperature and 8 people limit gathering, so public gatherings are not recommended.
The police commissioner also refused to issue a notice of no objection to last year’s June 4 rally on the grounds of the seriousness of the epidemic and the restriction on gathering. The prosecution said that Lee Cheuk-yan and about 400 people still entered the soccer field that night to light candles, and the prosecution also read out the crowd chanting slogans such as “vindication of the 1989 pro-democracy movement” and “five demands, one cannot be missing”, and estimated that about 20,000 people gathered in Victoria Park that night. The judge did not have to review the case in court.
The judge accused the party of not having to repeat political slogans in court.
The judge in charge of hearing the case of the National Security Law designated judge Chen Guangchi interrupted the prosecution’s speech and said, noting that the case was written with many slogans, but the judge believes that the defendants were charged with “knowingly participating in an unauthorized assembly,” in the end the defendants did not call slogans that night is not important.
The judge also believes that slogans with political overtones do not need to be mentioned in court, asking the prosecution to amend it to “call slogans, crowd response slogans” and so on, without having to repeat the content of the slogans.
Defense lawyers hope the court to consider human rights and public health
The four defendants who pleaded guilty were represented by senior barrister Xia Weizhi. The court should consider two aspects, firstly, human rights and secondly, public health.
Xia Weizhi said that the candlelight vigil to commemorate June 4 has been tolerated by the government for 30 years. In the past, the party was peaceful and orderly. Xia Weizhi said that the rally that night did not involve violence, did not incite others to use violence, did not damage property, the whole process was peaceful and orderly.
The police objected to the rally because of public health concerns, but the four defendants wore masks throughout, and there is no evidence that they ever took them off. The rally organizers at least took some action to ensure that participants kept a social distance and were not completely oblivious to the new pneumonia epidemic.
Four defendants are in custody awaiting sentencing
Xia Weizhi said that a civilized society should not send four talented young people to jail unless there is no other way. He hoped that the court would seek a social service order report for the four defendants, however, the judge made it clear that a social service order is not an appropriate punishment. Xia Weizhi responded that if the court were to impose a prison sentence, he would like to impose a suspended sentence or a short term of imprisonment.
After hearing the defense’s plea, the judge adjourned the case to next Thursday (May 6) for sentencing, and the four defendants will need to be held in custody immediately pending sentencing. Among them, Wong Chi-fung, Sham Ao-fai and Yuen Ka-wai are already in custody or serving their sentences for the case of 47 people in the democratic primary election, while only Leung Kai-ching is detained for the first time for this case.
Leung Kai-ching, 26, a member of the Kwun Tong District Council, pleaded guilty to unauthorized assembly for the June 4 candlelight memorial rally last year, and was revoked bail by the judge and immediately remanded to scabbard pending sentencing (Voice of America/Tong Wai-wan)
The Alliance is surprised by the immediate detention of the four defendants
The Vice Chairman of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China (HKASPDMC), Mr. Zou Xingtong, Mr. Ho Chun-yan and two other members of the HKASPDMC went to the court on Friday morning to show their solidarity with the defendants.
In an interview with the Voice of America, Zou Xingtong expressed surprise that for the first time someone was summarily detained for participating in the June 4 rally, which she considered inappropriate under the human rights standards familiar to Hong Kong people.
HKASPDMC Vice Chairman Albert Ho (from left) and Zou Xingtong, along with two members, show solidarity with Wong Chi-fung and other defendants outside the District Court building, chanting slogans such as mourning the innocence of June 4 (Voice of America/Tong Wai-wan)
Zou Xingtong said: “basically think instant detention is inappropriate, but also a little surprised, by our initial expectations, fines, social service orders, the judge said not to give, even if compared to 8-18, 8-31 (case), there are quite a defendant probation, probation will not be detained, do not have to go to jail, now not to the final decision, the judge has first said, this thing is After all, those familiar human rights standards, a peaceful assembly should not be subject to criminal punishment, and even less should be subject to the loss of freedom of punishment, now has completely violated this principle.”
Zou Xingtong criticized the authorities for “using the epidemic to suppress”
She also said the authorities should not ban all rallies because of the epidemic. She questioned why many indoor and even outdoor concerts could be held under the recent epidemic. She hopes that the police will not prohibit the Hong Kong Alliance in Support of Patriotic Democratic Movements of China from holding June 4 rallies this year.
The police are willing to communicate with the police and propose various ways to make the June 4 candlelight rally conform to the social distance, in line with the principle of segregation and safety, but the police do not go to Consider, I very much hope that this kind of disrespect for human rights will not be repeated this year.”
The Hong Kong Alliance in Support of Patriotic Democratic Movements of China continues to apply for a venue for this year’s June 4 candlelight vigil
Secretary of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China Tsoi Yiu-cheong applied to the police on Tuesday (April 27) to hold the 32nd anniversary of the June Fourth candlelight rally in Victoria Park without a notice of objection. Management of Victoria Park, the Leisure and Cultural Services Department responded that the Department, in response to the epidemic, has suspended the processing of applications for the booking of free recreational and sports venues under its jurisdiction for non-specified activities until further notice, and has informed the Alliance on the arrangements.
Zou Xingtong said that the LCSD’s notice is only “routine” to suspend all applications for renting venues for the reason of the epidemic, and the suspension does not mean that they will not be processed afterwards, so it is still at the waiting stage, and she hopes that the authorities will not double standards this year.
Zou Xingtong said: “We submitted the relevant (June 4 candlelight rally) application, the government has allowed a lot of public activities, including concerts, these can be, why entertainment can be, political expression can not be it? We will see what they will do.”
Zou Xingtong, vice president of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, was surprised that for the first time someone was summarily scabbarded for participating in the June 4 candlelight rally, and questioned the authorities for deterring the public from participating in this year’s June 4 anniversary mourning activities (Voice of America/Tang Hui Yun)
Questioning the authorities to deter the public from participating in the June 4 memorial activities
She said that the court sentenced the four defendants to prison sentences more than a month before the 32nd anniversary of June 4, so as to send a message to the society.
Zou Xingtong said, “We can not represent everyone, we can only say that we will not be intimidated in this way, we are really good for a society, the requirements of a democratic society is to have a pluralistic voice, we will insist to express these pluralistic voices.”
Scholars criticize Hong Kong’s freedom retrogression, sad to see young people in jail
Hong Kong Institute of Public Opinion Research (HKIPR) Deputy CEO Chung Kin-wah said in an interview with Voice of America that the court only followed the police’s definition and technically sentenced the 4 defendants to participate in the unauthorized assembly on June 4 last year. However, he believes that Hong Kong people have insisted on lighting candles to commemorate June 4 for more than 30 years, and the sentencing of 4 young people to be punished for the June 4 rally this time reflects the retrogression of freedom in Hong Kong is no different from other Chinese cities.
The Deputy CEO of Hong Kong Institute of Public Opinion Research, Mr. Chung Kin-wah, is saddened that the four young people were sentenced to jail for participating in the June Fourth Candlelight Vigil. (Photo taken by Voice of America’s Tang Hui Yun)
Chung said: “In fact, in the past years, that is, every year of June 4 in Hong Kong has shown the world a kind of candlelight, to pursue justice, the pursuit of reasonable to deal with some issues of candlelight, so this time four young people because of participation in that (June 4) rally and jail, the government can use those legal and technical reasons to explain, even later to use the National Security Law to make to June 4 rally But I think this will not dilute Hong Kong people’s memory of June 4, and it will only become a very important symbol of Hong Kong’s regression from a civilized, modern society to a society that is no different from other Chinese cities. In any case, it is quite sad.”
Judy Chu reconsiders whether to plead guilty
Another defendant, former pro-democracy legislator Chu Kai-dee, who was detained in connection with the 47-member primary election case, said through his lawyer on Friday that he was still considering his plea and requested a postponement of the trial until June 11, along with 19 other defendants in the same case, which was approved by the judge.
The court was adjourned, and as he walked from the defendant’s bar into the detention room, he shouted “Hang in there!” to a number of people in the audience. A member of the public shouted that he missed Cady Chu.
The court was adjourned with a shout to the public that “we can’t change the world, but we can keep the world from changing itself. Wong Chi-fung was sentenced to 13 and a half months in prison last December for his involvement in the “6-21 siege of the police headquarters”, and on April 13 this year he was sentenced to four months in prison for his involvement in the “10-5 anti-masking law march”.
Huang Zhifeng was also charged with “conspiracy to subvert state power” under the National Security Law for his participation in last year’s 35+ primary election, and the case was arraigned again on May 31.
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