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Thursday, April 18, 2019, 00:19
Ending the pernicious influence of 'Occupy' herculean task for HK
By Ho Chi-man
Thursday, April 18, 2019, 00:19 By Ho Chi-man

Leaders of the illegal “Occupy Central” movement have finally been given their verdicts by Hong Kong courts. Benny Tai Yiu-ting, Chan Kin-man and Chu Yiu-ming have been convicted of a conspiracy to commit a public nuisance. In addition, Tai and Chan, together with Tanya Chan Suk-chong, Shiu Ka-chun, Tommy Cheung Sau-yin and Eason Chung Yiu-wa, were found guilty of inciting others to commit a public nuisance. The fact that all nine defendants were found guilty of at least one offense proves that justice may come late, but is never absent. Violence eventually comes at a cost. It is time for “Occupy” perpetrators take responsibility for what they have done.

Those perpetrators who consistently declared they would take responsibility for the illegal movement, however, unashamedly disregarded their previous declaration in the court. They even tried to evade the penalties they deserve. Chu asked for mitigation. Tai and others would not rule out the possibility of appealing against their convictions; and Tanya Chan, in an attempt to reduce her penalty, said she had limited influence on the movement. Their remarks did not reveal the slightest trace of remorse or willingness to take responsibility. Meanwhile, the opposition legislators issued a statement, accusing the government of pursuing a political persecution via judicial means. Some overseas politicians and media outlets also indulged in such rhetoric.

The court’s verdict on the “Occupy” leaders is essentially to reiterate the importance of respect for the rule of law. The court, whose ruling is based on the fact that offenders have contravened the law, has clearly stated that “civil disobedience” is illegal. Therefore, attributing the verdict to political revenge is placing politics above the law. It is undermining the rule of law in Hong Kong

The court’s verdict on the “Occupy” leaders is essentially to reiterate the importance of respect for the rule of law. The court, whose ruling is based on the fact that offenders have contravened the law, has clearly stated that “civil disobedience” is illegal. Therefore, attributing the verdict to political revenge is placing politics above the law. It is undermining the rule of law in Hong Kong. In order to derail the proposed amendments to the Fugitive Offenders Ordinance, the opposition camp has tried to discredit Hong Kong’s judicial system by questioning its independence. Now they are vilifying the court by accusing it of undertaking political retaliation in an attempt to help the “Occupy” leaders evade their penalties. This is not only an unwarranted accusation, but blatant contempt of the court — for which they deserve to be denounced. The offenders have constantly exerted pressure on the court by making unsubstantiated claims. This can be used as evidence to support a decision to mete out heavier punishments.

Whatever jail terms the “Occupy” culprits will receive, the court’s verdict has played an important and positive role in cleaning up the pernicious influence of “Occupy” and its “civil disobedience” ideas. “Occupy” opened a Pandora’s box of “civil disobedience” and violence. It has led some people to think that it is acceptable to pursue political goals via illegal or violent means, who believe that the court would be lenient to offenders with a political motive. This is an idea Benny Tai has been vigorously promoting. Most important of all, the court ruling emphasizes that “civil disobedience” is not a defense for a criminal charge. The court ruling has forcefully rebutted Tai’s fallacy of “achieving justice via breaking the law”. 

However, it is impossible to negate the poisonous influence of “Occupy” in one fell swoop. It is necessary to conduct a comprehensive cleanup, which must start with concluding the court cases of all the offenders as quickly as possible. Over thousands of “Occupy” participants have been arrested, but ring leaders like Joshua Wong Chi-fung, Alex Chow Yong-kang and other core members involved have not been brought to justice. With the completion of the current case setting a legal precedent, it is expected that a large number of offenders will be found guilty and sentenced to imprisonment. Those pending cases should be concluded as quickly as possible, so justice will be served while a clear message is sent to society that lawbreakers cannot escape punishment.

The second step is to clear up all the misconceptions about “civil disobedience” in society. This court ruling admonishes the society to respect the rule of law and acknowledge the fact that lawfulness is the pre-condition of exercising freedom of expression. The verdict of this court case should be well publicized in the community, especially at schools, so students will understand the misconception and harm of civil disobedience.

Thirdly, the authorities should brace themselves for a long legal battle. The opposition camp, and particularly the “Occupy” offenders, will not be willing to give in. They will continue to appeal against their verdicts. The law enforcers will have to be well-prepared for future battles in the courts.

The author is a senior current affairs commentator. This is an excerpt translation of his Chinese article published earlier on Hong Kong Commercial Daily.

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