Actions of ‘Occupy’ initiators ‘unlawful’, HK court hears
Key “Occupy Central” figures initiated and hosted an “unreasonable” and “unlawful” demonstration at the center of the city, disrupting traffic and risked causing injuries to members of the public, a prosecutor told a court on Monday.
Senior Counsel Andrew Bruce made the statement at the West Kowloon Magistrates’ Courts while opening the case against three chief “Occupy Central” masterminds. The case also centered on six other key figures, who allegedly joined the trio to help organize the 79-day illegal protest which started in late September 2014.
Bruce said that by doing this, the nine defendants attempted to force the authorities to respond to their political demands.
Between Sept 28 and Dec 11 of 2014, massive sit-ins were staged on Tim Mei Avenue and Fenwick Pier Street — major thoroughfares linking Wan Chai and Central, forcing the city to a standstill.
According to Bruce, police had been notified about a public gathering on Sept 27. Yet they had not received any notification of a public gathering held the day after.
Under the Public Order Ordinance, public meetings of more than 50 people and public processions of more than 30 should provide a notice to the commissioner of police not less than seven days prior to the intended event; they can then only be conducted if the commissioner does not prohibit or object to it.
Therefore, any demonstration in relevant public areas “was an unlawful one” and “would be unreasonable in disrupting the traffic and would give rise to a common injury to the public or a significant section thereof”, said the prosecutor.
“The choice of the location of Central was calculated to make an impact by creating an unreasonable obstruction in the center of the city,” Bruce added.
The choice of the location of Central was calculated to make an impact by creating an unreasonable obstruction in the center of the city.”
Andrew Bruce, senior counsel and public prosecutor
The prosecutor also noted that during the public gathering on Sept 27 and 28, the nine defendants had repeatedly and “unlawfully incited” more people, or urged protestors to gather more people to continue the “prolonged or indefinite” occupation. They also asked people to bring more food and other resources to the ongoing demonstration.
The three protest initiators — University of Hong Kong law professor Benny Tai Yiuting, sociologist Chan Kin-man and pastor Reverend Chu Yiuming — face three counts. These are: conspiracy to commit public nuisance, incitement to commit public nuisance, and incitement to incite public nuisance.
Each charge carries up to seven years imprisonment, according to the Crimes Ordinance and the Criminal Procedure Ordinance.
Other defendants include a legislator from the Civic Party, Tanya Chan Suk-chong, legislator and social worker Shiu Ka-chun, social activist Rapha- el Wong Ho-ming, and student activists Tommy Cheung Sauyin and Eason Chung Yiu-wa. They face two incitement charges.
Former Democratic Party lawmaker Lee Wing-tat faces one charge of incitement to commit public nuisance.
All nine defendants pleaded not guilty to the charges. The trial is expected to last for around four weeks.