After the implementation of the "Law on Masking Faces" last year, seven pan-democrats including Chen Haohuan, Liang Guoxiong, He Junren, etc., admitted to inciting and organizing the 10.20 Kowloon parade that year. Violence and serious damage occurred later that day, the Bank of China reported. The loss also reached 5 million yuan. The case was sentenced at the District Court today (1st), and all were sentenced to 11 to 16 months' imprisonment.
Except for Huang Haoming, the other 6 people have been sentenced to prison for other unapproved assembly cases. The judge allowed them to execute the sentence in this case at the same time as the sentence in the previous case.
7 defendants: Chen Haohuan, Liang Guoxiong, He Xiulan, He Junren, Huang Haoming, Yang Sen and Wu Wenyuan.
Except for He Junren, the other six pleaded guilty to organizing an unauthorized assembly; Chen Haohuan, Liang Guoxiong, He Xiulan, and He Junren also pleaded guilty to inciting others to participate in an unauthorized assembly.
Except for Huang Haoming, the other 6 people are serving sentences for other similar unapproved demonstrations.
Seven defendants and their charges.
(See the picture below for details)
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Summary of 15 pan-democrats involved in 4 demonstrations
Emphasizes that sentencing will not take into account the defendants’ political attitudes
Judge Hu Yawen reiterated that the freedom of assembly and demonstration is not an absolute right and must be restricted, but the restrictions have nothing to do with personal political opinions. The sentence in this case will not take into account the political attitudes of the defendants.
The judge pointed out that four of the defendants incited the public to ignore police opposition and violated the law at the press conference. Although the press conference emphasized that even if there were violent protesters, they would still maintain the peace procession. However, due to the turmoil in 2019, the appeals were just "empty words". In the vernacular", they deliberately ignore that public order will be disrupted.
The defendant had expected violence to happen
The judge believed that the defendant anticipated that the violence would occur and was not entirely responsible for the subsequent violence, so he would also consider it when sentencing.
Although the defendant stated that the crime was committed by the main line of civil disobedience, considering the circumstances of the case and the need for deterrence, the defendant's motives for committing the crime will not account for a large proportion of the sentencing considerations.
The Kowloon Parade on October 20, 2019, eventually turned into a conflict.
(See the picture below for details)
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The defendant emphasized that he advocated peaceful and non-violent marches
A number of defendants pleaded for mercy, saying that they advocated peaceful, rational, and non-violent demonstrations that day, and questioned that, in terms of social conditions at the time, violent incidents would occur regardless of whether there were demonstrations. They also emphasized that they had served the society for many years. Among them, Liang Guoxiong and Wu Wenyuan had suffered. Erwiana, an Indian domestic helper abused by the employer, wrote a letter of plea, praising them for their efforts to fight for the rights of foreign domestic helpers.
Huang Haoming pleaded for peace, he must punish public opinion
Both Huang Haoming and Yang Sen interceded personally.
Huang Haoming pointed out that if we do not want social unrest, we must fundamentally reform to restore people’s hearts, rather than punish public opinion. He also expressed that he was not ashamed or regretful for what he did on that day; while Yang Sen stated that he would continue to fight for it. Democracy, adhere to the concept.
The rally on that day was not approved by the police
The case alleged that after the government implemented the ban on face-masking, FDC applied for a rally in Tsim Sha Tsui on October 20 of that year, but the police refused to approve the rally and march.
However, Chen Haohuan, Liang Guoxiong, He Xiulan, and He Junren still held a press conference on October 19, saying that they would still hold the parade according to the original theme and route, and called for public participation, but warned that there would be a risk of arrest on that day.
The crowd refused to leave after the parade
On the day of the incident, October 20 of that year, a large number of people gathered on Salisbury Road in Tsim Sha Tsui. The police had issued a warning, but the people refused to leave.
Except for He Junren, the other six defendants all led the mass demonstrations with banners of "Five demands, one is indispensable".
When the team headed to the junction of Canton Road and Austin Road, Chen Haohuan instructed the crowd to disperse, but a large number of demonstrators did not leave and committed different acts of violence.
The incident severely obstructed traffic and damaged many properties. The Bank of China reported a loss of more than 5 million yuan, and Youpin 360 reported a loss of 1.77 million yuan.
Case Number: DCCC 535/2020
Summary of 15 pan-democrats involved in 4 demonstrations, Liang Guoxiong, the most serious prisoner in 22, and another 5 suspended sentences, Chen Haohuan, Liang Guoxiong and others admitted to inciting 10.20, the prosecution of the demonstrations alleged that the Bank of China was violently lost 5 million on that day. Punishment case was sentenced on September 1 [10.20 conflict] The man was charged with arson and not allowed to release bail for igniting petrol bombs in a police car [10.20 conflict] The transporter admitted to stealing goods from the ground in the chaos, and the phone official claimed to be imprisoned for 3 months [10.20 conflict] ] The taxi driver was accused of possession of 40 petrol bombs. Another driver also brought up the court on the same day [10.20 Parade] The demonstrators blocked a road in Kowloon District and cleared the scene. The police cleared 43 men and women, the youngest being 15 years old.
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