Occupy leaders found guilty over role in Hong Kong’s 2014 umbrella movement
- They made up the last group to be tried over 79-day protests for greater democracy in the city
- Judge rules that, while Hong Kong courts recognise the notion of civil disobedience, it ‘is not a defence to a criminal charge’
Chris Lau
Jeffie Lam
Published: 10:40am, 9 Apr, 2019
Nine democracy leaders responsible for the largest civil disobedience movement in Hong Kong’s history were on Tuesday found guilty over their roles in the 2014 protests.
Judge Johnny Chan Jong-herng called the three founders of the city’s Occupy movement – academics Benny Tai Yiu-ting, 55, and Dr Chan Kin-man, 60, and Reverend Chu Yiu-ming, 75 – “naive” to suggest that by encouraging people to block roads they could force the government to bow to their political demands.
And while Hong Kong courts recognised the notion of civil disobedience, it “is not a defence to a criminal charge”, he wrote in a 268-page judgment.
Prosecutors had said the nine caused obstructions by mobilising protesters to block major thoroughfares in the heart of the city almost five years ago.
No matter what happens, I am confident that many of us will continue to strive for democracy. We will persist and will not give upBenny Tai, Occupy co-founder
Tai, Chan and Chu were all found guilty of one count of conspiracy to cause public nuisance. Tai and Chan were also convicted of one count of inciting others to commit public nuisance.
The three were acquitted of one count of inciting others to incite, and Chu was also cleared of one count of incitement.
Legislators Tanya Chan, 47, and Shiu Ka-chun, 49, former student leaders Tommy Cheung Sau-yin, 24, and Eason Chung Yiu-wa, 26, and League of Social Democrats vice-chairman Raphael Wong Ho-ming, 30, were found guilty of one count each of inciting others to incite and one count each of inciting.
Former Democratic Party lawmaker Lee Wing-tat, 63, was found guilty of one incitement charge.
They face jail sentences of up to seven years for each charge. A jail term of more than three months could also cost Tanya Chan and Shiu their Legislative Council seats.
After the verdicts were delivered, Gerard McCoy, barrister for the founding trio, asked that the court be adjourned until the afternoon, to give the lawyers time to digest the ruling.
McCoy began his mitigation after the court reconvened and called the defendants’ acts “altruistic and selfless”, and said they were willing to serve a community service order if the court found it fit.
The court was adjourned to Wednesday to hear mitigation from the other defendants.
The nine were the final group to be tried by a court over the 79-day protests, also known as the “umbrella movement”, which they thought could drive political change in Hong Kong.
The 18-day trial at West Kowloon Court, which began last November, featured hours of protest footage and days of police testimony.
More running dogs to be jailed.