HKG 001 / 0419 / OBS 036

Sentencing/
Judicial harassment

Hong Kong
April 25, 2019

The Observatory for the Protection of Human Rights Defenders, a partnership ofFIDH and the World Organisation Against Torture (OMCT), requests your urgentintervention in the following situation in Hong Kong.

Description of the situation:

TheObservatory has been informed by reliable sources about the sentencing of eightof the nine Hong Kong pro-democracy activists who led Hong Kong’s 2014‘Umbrella Movement’[1]:Messrs. Benny Tai, a legal scholar; Chan Kin-man, a retiredsociology professor; Chu Yiu-ming, a pastor; Raphael Wong, anactivist and Vice-Chairman of the League of Social Democrats party; ShiuKa-chun, a social worker and member of the Legislative Council of HongKong; Eason Chung, a former student leader; Lee Wing-tat, aformer member of the Legislative Council of Hong Kong; and Tommy Cheung,a former student leader. The sentencing of the ninth leader, Ms. TanyaChan, a member of the Legislative Council of Hong Kong, has been delayed.The movement organised peaceful demonstrations, including rallies and sit-insin public spaces to protest the decision by China’s Standing Committee of theNational People's Congress (NPCSC) that imposed a selective pre-screening ofcandidates for the 2017 election of Hong Kong's Chief Executive and to demanduniversal suffrage in Hong Kong[2].The protests shut down various parts of Hong Kong for 79 days, from September28 to December 15, 2014.

According to the information received, onApril 9, 2019, the nine defenders were convicted on various public nuisance andincitement charges and on April 24, 2019, the Hong Kong District Courtdetermined the punishment.

Messrs. Chan Kin-man, Benny Tai and ChuYiu-ming were found guilty of “conspiracy to commit public nuisance” andsentenced to 16 months in prison each, although Mr. Chu’s sentence wassuspended for two years, in consideration of his age - he is 60 years old - andhis past contribution to society.

Messrs. Chan Kin-man, Benny Tai, and LeeWing-tat were convicted of “incitement to commit public nuisance” and sentencedto eight months in prison, to be served immediately; Ms. Tanya Chan and Messrs.Shiu Ka-chun, Eason Chung, Tommy Cheung, and Raphael Wong were convicted ofboth “incitement to commit public nuisance” and “incitement to incite publicnuisance”. Messrs. Eason Chung and Lee Wing-tat were sentenced to eight monthsin prison but their sentences were suspended for two years in consideration of theirpast contribution to society and young age, respectively. Mr. Tommy Cheung wassentenced to 200 hours of community service, to be served within a year. Ms.Tanya Chan’s sentencing was delayed to June 10, 2019, for medical reasons.

The ‘Umbrella Nine’ 20-days trial tookplace before the District Court between November 19, 2018 and December 14,2018. During the trial, the prosecution argued that the activists were responsiblefor causing “unreasonable obstruction” by occupying public roads and were alsoguilty of incitement because they had called on the public to join them. Thenine defendants pleaded not guilty to the charges.

TheObservatory condemns the sentencing and judicial harassment of the ‘UmbrellaNine’, as these actions seem to be only aimed at punishing them for theirpeaceful exercise of the right to freedom of opinion and expression and theirright to freedom of peaceful assembly. The Observatory urges the authorities ofHong Kong to end any act of harassment, including at the judicial level,against the nine protesters.

Actions requested:

Pleasewrite to the authorities of Hong Kong asking them to:

i. Immediatelyand unconditionally release Messrs. Chan Kin-man, Benny Tai, Raphael Wong, andShiu Ka-chun;

ii. Guaranteein all circumstances the physical integrity and psychological well-being ofMessrs. Benny Tai, Chan Kin-man, Chu Yiu-ming, Raphael Wong, Shiu Ka-chun,Eason Chung, Lee Wing-tat, and Tommy Cheung, Ms. Tanya Chan as well as allother human rights defenders in Hong Kong;

iii. Put an endto all acts of harassment, including at the judicial level, against Messrs.Benny Tai, Chan Kin-man, Chu Yiu-ming, Raphael Wong, Shiu Ka-chun, Eason Chung,Lee Wing-tat, and Tommy Cheung, Ms. Tanya Chan, and all other human rightsdefenders in Hong Kong, and ensure they are able to carry out their activitieswithout hindrance;

iv. Respect, protect,and fulfil Hong Kong’s obligations in accordance with Article 21 of theInternational Covenant on Civil and Political Rights (ICCPR) on the right topeaceful assembly;

v. Conform toall the provisions of the United Nations Declaration on Human Rights Defendersadopted by the UN General Assembly on December 9, 1998, in particular itsArticles 1, and 12;

vi. Ensure inall circumstances respect for human rights and fundamental freedoms inaccordance with international human rights standards and internationalinstruments applicable to Hong Kong.

Addresses:

• Ms. Carrie Lam, Chief Executive ofthe Hong Kong Special Administrative Region, Email: ceo@ceo.gov.hk,Phone: +852 2878 3300, Fax: +852 2509 0580;

• Ms. Teresa Cheng Yeuk-wah, Secretaryfor Justice, Email: dojinfo@doj.gov.hk, Phone: +852 2867 2198, Fax: +852 3918 4249;

• Mr. Matthew Cheung Kin-chung, ChiefSecretary for Administration, Email: cso@cso.gov.hk,Fax: +852 2882 0099;

• Mr. Patrick Nip Tak-kuen, Secretaryfor Constitutional and Mainland Affairs, Email: cmabenq@cmab.gov.hk, Fax: +852 2810 2059;

•

Please alsowrite to the diplomatic representations of Hong Kong in your respectivecountries.

***

Paris-Geneva, April 25, 2019

Kindly inform us of any action undertaken quoting thecode of this appeal in your reply.

The Observatory for the Protection of HumanRights Defenders (the Observatory) was created in 1997 by FIDH and the WorldOrganisation Against Torture (OMCT). The objective of this programme is toprevent or remedy situations of repression against human rights defenders. FIDHand OMCT are both members of ProtectDefenders.eu, theEuropean Union Human Rights Defenders Mechanism implemented by internationalcivil society.

To contact the Observatory, call the emergency line:

• E-mail:Appeals@fidh-omct.org

• Teland fax FIDH +33 (0) 1 43 55 25 18 / +33 1 43 55 18 80

• Teland fax OMCT +41 (0) 22 809 49 39 / +41 22 809 49 29

[1] Thename “Umbrella Movement’ derives from the fact that protesters used umbrellasto fend off police pepper spray, tear-gas, and batons.

[2] Demonstratorsrejected the August 31, 2014 decision of the National People’s CongressStanding Committee on the “selection” of Hong Kong’s Chief Executive, whichrequired candidates to be endorsed by a majority of a Beijing-controllednominating committee. @font-face { font-family: Arial;}@font-face { font-family: "Courier New";}@font-face { font-family: Wingdings;}@font-face { font-family: Wingdings;}@font-face { font-family: "MS Mincho";}p.MsoNormal, li.MsoNormal, div.MsoNormal { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }h1 { margin: 0cm 0cm 0.0001pt 47pt; text-indent: -18pt; break-after: avoid; font-size: 10pt; font-family: "Times New Roman"; font-weight: normal; }p.MsoFootnoteText, li.MsoFootnoteText, div.MsoFootnoteText { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }p.MsoHeader, li.MsoHeader, div.MsoHeader { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }p.MsoFooter, li.MsoFooter, div.MsoFooter { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }p.MsoBodyText, li.MsoBodyText, div.MsoBodyText { margin: 0cm 0cm 7pt; line-height: 120%; font-size: 10pt; font-family: "Times New Roman"; }a:visited, span.MsoHyperlinkFollowed { color: purple; text-decoration: underline; }span.Titre1Car { }span.FootnoteCharacters { vertical-align: super; }span.CorpsdetexteCar { }p.Footer1, li.Footer1, div.Footer1 { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }p.Header1, li.Header1, div.Header1 { margin: 0cm 0cm 0.0001pt; font-size: 10pt; font-family: "Times New Roman"; }span.NotedebasdepageCar { }p.ListParagraph1, li.ListParagraph1, div.ListParagraph1 { margin: 0cm 0cm 0.0001pt 36pt; font-size: 10pt; font-family: "Times New Roman"; }p.ListParagraph1CxSpFirst, li.ListParagraph1CxSpFirst, div.ListParagraph1CxSpFirst { margin: 0cm 0cm 0.0001pt 36pt; font-size: 10pt; font-family: "Times New Roman"; }p.ListParagraph1CxSpMiddle, li.ListParagraph1CxSpMiddle, div.ListParagraph1CxSpMiddle { margin: 0cm 0cm 0.0001pt 36pt; font-size: 10pt; font-family: "Times New Roman"; }p.ListParagraph1CxSpLast, li.ListParagraph1CxSpLast, div.ListParagraph1CxSpLast { margin: 0cm 0cm 0.0001pt 36pt; font-size: 10pt; font-family: "Times New Roman"; }span.En-tteCar { }span.PieddepageCar { }span.WW-FootnoteReference31 { vertical-align: super; }.MsoChpDefault { font-size: 10pt; }div.WordSection1 { }ol { margin-bottom: 0cm; }ul { margin-bottom: 0cm; }