‘Occupy’ pair jailed for violating court injunction

The High Court on Thursday sentenced an “Occupy Central” protester to three months in prison while giving another a fine and suspended sentence for defying a court injunction during the 79-day illegal sit-in in 2014.

The duo — radical activist Alvin Cheng Kam-mun and waiter Au Yuk-kwan — became the first to be sentenced among 17 people who were charged with criminal contempt of court.

Passing sentence, Justice Andrew Chan Hing-wai said the pair’s conduct did not embarrass the court but “challenged its existence”, adding that they had violated the rule of law.

Chan also noted that any deliberate action that goes against a court order must result in a deterrent sentence. This was to prevent the judicial system from being impeded, abused and severely interfered with.

In September 2014 protesters took to the streets in Admiralty, Mong Kok and Causeway Bay. They occupied main thoroughfares and forcing bus routes to detour and businesses in nearby areas to shut down.

On Oct 20 of the same year, a court injunction, sought by a local minibus company, was issued to bar protesters from Argyle Street in Mong Kok.

Some 17 people, including the pair, were arrested on site on Nov 25, 2014, when bailiffs had to disperse crowds and remove street blockades. Cheng and Au pleaded guilty last month.

Cheng was ordered to spend three months behind bars. The judge said Cheng must be sent to prison as his conduct was a “blatant contempt” of the court order. Police footage showed that a masked Cheng, holding yellow banners and a loudspeaker, stayed in the concerned area for a long period of time.

Chan also criticized Cheng for showing little remorse in the previous court session, when he turned up late and played with his mobile phone.

The judge also rejected Cheng’s application for bail pending an appeal, saying the chance for appeal approval was slim.

Au, 21, received a HK$10,000-fine and onemonth jail term, which was suspended for one year. Elabo- rating on Au’s sentence, Chan said the part-time waiter played a minor role in the case and had apologized sincerely in court, showing no attempt to challenge the court.

Also on Thursday, the Eastern Magistrates’ Court held a pre-trial hearing on the case involving nine leading figures in the “Occupy” movement who were charged recently over their alleged roles in provoking people to join the protest.

They faced charges of causing a public nuisance, conspiracy to cause a public nuisance and inciting others to participate in a public nuisance.

The nine people include Benny Tai Yiu-ting, Chu Yiuming and Chan Kin-man, a trio who were believed to have initiated the mass protest. Legislators from the opposition camp Tanya Chan Suk-chong and Bottle Shiu Ka-chun were also on the list.