From: Chinese.news@chinese.umass.edu
Subject:      Hong Kong Students Charged (fwd)
Reply-To: Chinese.news@chinese.umass.edu
Organization: Indiana University
Date: Sat, 3 Oct 1992 19:08:54 GMT
Comments: To: China-NT@uga.cc.uga.edu

From: H8811377@hkucc.hku.hk
Date: Fri, 2 Oct 1992 20:43 +0800

        Dear friends,

             Three former secretary-generals of the Hong Kong  Federation
        of students are charged for unlawful assembly  outside  the  NCNA
        on  5  June  1992.  The  Federation  sees  it  both  a  political
        prosecution  against  the local student movement ; and  the  last
        attempt  of the HK government to save the infamous  Public  Order
        Ordinance. The Ordinance has been used several times in the  past
        to  prosecute  pro-democracy activists. Even  the  Secretary  for
        Security  and  the Governor Mr. Christ Patten  have  promised  to
        review it under great public pressure over the years. Yet shortly
        afterwards,  we  have the three activists Mr. to  Kwan-hang,  Mr.
        Tsio Yiu-cheong, and Miss Wong Ching Man being charged under  the
        "under-review" ordinance.

             The Federation is now drawing local NGOs to protest  against
        the  political  prosecution.  We  also  need  more  international
        pressure  on  the British and Hong Kong government.  Attached  is
        more  information  on the whole story. We urgently ask  for  your
        support in this matter. You and your organization can generate a
        discussion on the matter ; express your opinion ; (especially the
        law groups since we need your opinion on the charge and its
        relevancy  with  human rights). Please send  your  statements  or
        opinions to us and to the British-Hong Kong government.

             Should  there be any inquiries, please  contact  us  by  fax
        or  by E-mail. Our fax number is (852) 787-3120. E-mail code is
        H8811377@HKUCC.HKU.HK.

             Your support and opinion is badly needed.

        Yours faithfully,

        Hong Kong Federation of Students


        1)   STATEMENT ON  PROSECUTION OF DEMONSTRATORS ON 5TH JUNE 1992
        HONG KONG FEDERATION OF STUDENTS

        Regarding  the  prosecution of four demonstrators TO  KWAN  HANG,
        TSOI YIU CHEONG, WONG CHING MAN and CHAN SAU SUM, for taking part
        in  an unlawful assembly outside the New China  News  Agency(Hong
        Kong)  on  5th June 1992, the Hong Kong  Federation  of  Students
        finds  it  a political prosecution.  The  prosecution  is  highly
        selective and unacceptable.

        Three  of the charged persons have been the Secretary-General  of
        the  Hong Kong Federation of Students since 1989.  To  Kwan  Hang
        was Secretary-General from 1989-1990; Tsoi Yiu Cheong from  1990-
        1991;  and  Wong Ching Man from 1991-1992.  The  three  were  not
        organizers of the June fifth NCNA demonstration.

        The Federation believes that this prosecution is one of the  many
        acts  to suppress the student movement in Hong Kong in  the  past
        three  years.  In December 1989, a student procession in  support
        of democracy in China was blocked by police.  The Federation  was
        warned against unlawful assembly under the infamous Public  Order
        Ordinance  for not making prior notification to the  Commissioner
        of Police.  The Federation has been criticizing the Public  Order
        Ordinance  for violating human rights and civil liberties.   From
        then  on, the Federation refuses to comply with the Public  Order
        Ordinance and starts a series of campaign to demand its review.

        The  Federation has been highly supportive of  the  pro-democracy
        movement  in China in 1989.  In July 1991, the second  conference
        of  the Global Chinese Students Union (a union of the  autonomous
        student organizations of overseas Chinese students from all  over
        the  world)  was  to  be  held in  Hong  Kong.   All  except  two
        attendents  holding  valid visas were rejected from  arrival  and
        repatriated by the Hong Kong Immigration Department.  In a  reply
        letter,  the  Hong  Kong  government  made  it  clear  that   the
        government  would  not  let Hong Kong be  a  place  of  political
        contention.

        On  30 September 1991, 30 students from the Federation  staged  a
        demonstration   outside  the  venue  of  the  PRC  National   Day
        Celebration banquet demanding the release of political  activists
        in China.  The police took action on the students.  Students were
        squeezed  and  pushed  to  the  corner  of  the  road  that   the
        demonstration  could hardly be seen by the banquet attendents  at
        all.

        In  fact the Hong Kong government has been restricting the  local
        social  movement  and especially the  support  Chinese  democracy
        movement  since the end of 1989.  The New China News Agency,  the
        mini   Chinese  embassy  in  Hong  Kong,  becomes   a   protected
        "demonstration-free  zone"  only  since  1990.   Anybody  staging
        demonstrations   against  the  PRC  government  is  barred   from
        approaching  the NCNA.  This is far from being the  situation  in
        1989.   The  PRC  National Day is also  a  politically  sensitive
        occasion   that  for  3  years  since  1989,  no   demonstrations

        supporting  Chinese democracy could be successfully held  outside
        the venue of the National Day celebration banquet.  In 1989 (29th
        September),  members of the April Fifth Action Group  were  badly
        beaten up by the police in the midst of their demonstration.

        The   Public  Order  Ordinance  was  enacted  in  1967  after   a
        territory-wide  riot  in  Hong  Kong.   The  Ordinance  has  been
        severely criticized by professionals, NGOs both local and  abroad
        for   not  being  sensitive  and  sympathetic  to  human   rights
        especially concerning the freedom of speech and assembly.  A Bill
        of  Rights  was enacted in 1992.  The Public Order  Ordinance  is
        widely believed to be incompatible with the Bill of Rights.   Yet
        the  government ignores the  cries for a review of  the  infamous
        ordinance.

        In the past 3 years, the Public Order Ordinance has been used  to
        prosecute local activists and outspoken NGOs.  In 1989, the April
        Fifth Action Group was charged for unlawful assembly even  though
        it  was  them beaten up by the police.  In 1990,  five  activists
        from  the democrats were charged for using loudhailers in  public
        places  and staging public fund raising campaigns  without  prior
        notification.   In 1992, another activist from the Federation  of
        Trade Union was charged for road blockade.  The charged  activist
        was  staging  a  signature campaign demanding a lowering  of  tax
        allowance then.

        The Federation therefore sees this prosecution against the  three
        former  secretary-general  of the HKFS  a  political  prosecution
        aimed  to  give  a  blow to  the  local  student  movement.   The
        prosecution is also a political signal to "discipline" the social
        movement which is blossoming in Hong Kong in recent years.

        To  Kwan  Hang,  Tsoi Yiu Cheong and Wong  Ching  Man  have  been
        actively  supporting the pro-democracy movement and human  rights
        in  China.  Against the unreasonable Public Order Ordinance,  the
        three former secretary-general have been fighting for its  repeal
        in the past 3 years.  The Federation strongly supports the  three
        in this prosecution.  The Federation also expresses its strongest
        protest against this political prosecution.

        23th September 1992

        2)   NEWS EXTRACT FROM SOUTH CHINA MORNING POST ON THE NCNA CLASH
        ( 5TH JUNE 1992)

        By JIMMY LEUNG
        and DOREEN CHEUNG

             The  Police  Commissioner, Mr. Li Kwan-ha,  has  ordered  an
        investigation  into a confrontation between police  and  students
        outside the New China News Agency (NCNA) offices in Happy  Valley
        yesterday morning which left 37 injured.
             Protesters  complained of excessive police force and  called
        for  free  access  to  the area outsides  the  offices  to  stage
        demonstrations.
             About  40 protesters marched on police  head-quarters  after
        the incidents.
             Protest leader Mr. Wong Yan-yin read a statement  condemning
        the  Government  for suppressing their rights to  demonstrate  by
        cordoning off the entrance to the NCNA over the past two years.
             "[The  Government] cannot use unreasonable means to  deprive
        people  of the right to demonstrate peacefully to  express  their
        dissatisfaction to the establishment," he said.
             "Since the Government has never given any reasonable grounds
        for cordoning off the entrance to the NCNA, we cannot accept  any
        measure   barring  us  from  protesting  together   outside   the
        entrance."
             The  group  attributed  the cause of  the  scuffles  to  the
        "excessive power" given to the police in ways such as the  Public
        Order  Ordinance  and Police Ordinance which they  said  were  in
        breach of the Bill of Rights to suppress demonstration.
             "Under the suppression of unreasonable legislation , we were
        compelled to exercise our rights not to cooperate to protect  our
        basic rights" Mr. Wong said.
             The incident flared at about 2.30 am after students who  had
        left  the  June 4 commemorative rally in Victoria  Park  went  to
        protest outside the NCNA offices.
             Thirty police officers and seven protesters were injured  in
        15 minutes of scuffles.
             They began when about 50 students tried to force past police
        to  get  to  the NCNA entrance, overturning  metal  barriers  and
        knocking police and students to the ground.
             A police inspector and a constable standing behind  barriers
        across  Queen's Road East sustained bend injuries when hit  by  a
        photographer's step ladder thrown by protesters.
             About  10 police officers and seven protesters went to  Tang
        Shin  Kin and Queen Mary hospitals, where they were  treated  and
        discharged.
             The   police   district  commander  in   Wan   Chai,   Chief
        Superintendent  Lionel Lam Kin, said the officers  had  exercised
        restraint.
             "We  took  a defensive position but some of  the  protesters
        just  kept charging on us and pushing the metal  barricades,"  he
        said.
             Three  women and one man who broke through the police  lines
        were  temporarily detained by police in Hau Tak Lane  behind  the
        NCNA.
             About  100 police officers from Happy Valley police  station
        and the "Foxtrot" company of the Police Tactical Unit were at the
        scene  to prevent students from approaching the main entrance  of
        NCNA.
             After  negotiation  with the students at the scene  Mr.  Lam
        agreed to allow a small groups of protesters to approach the NCNA
        to chant slogans.
             Yesterday's  violence  was the second most  serious  violent
        incident  since September 1989 when about 200 protesters  clashed
        with  police  near  the Causeway Bay  restaurant  as  dignitaries
        gathered to celebrate Chinese National Day.
             In  a  statement yesterday the Police commissioner  said  he
        respected  the  rights  of those who wished  to  make  legitimate
        protest  and  understood  th emotion that was  often  a  part  of
        demonstration.
             But  he deplored the use of unnecessary violence  and  hoped
        future  protests  would  be  accompanied by  the  sort  of  self-
        discipline  which had earned Hongkong a well-deserved  reputation
        for restraint.
             Mr.  Li  said  a  report on the incident  would  go  to  the
        Attorney-General for advice to see whether anyone should be  held
        responsible.
             Meanwhile,  the  regional  commander  for  Hongkong  Island,
        Assistant  Police  Commissioner Peter Wong Tsan-kwong,  said  the
        investigation would be "open mined".
             "We'll  look at all aspects of the incident,"he said."It  is
        too early to say when the investigation will be completed."
             An  executive committee member of the Hongkong  Alliance  in
        Support of Patriotic Democratic Movement in China, Mr Szeto  Wah,
        said  the  Government should review present  legislation  to  see
        whether or not it had breached th Bill of Rights.
             "It is obvious that the Public Order Ordinance is in  breach
        of the Bill," he said.
             Another  executive committee member, Mr Lau Chin-shek,  said
        police should not stop people from staging protests because  they
        should be allowed to enjoy freedom of expression.
             But  he  also  urged protesters to demonstrate  in  a  legal
        style.

        3)   NEWS  EXTRACT  OF THE PROSECUTION FROM SOUTH  CHINA  MORNING
        POST 12.9.92

        "COURT DATE FOR LIBERAL ACTIVISTS"
        A  core  member  of the United Democrats of Hong  Kong  has  been
        charged  with unlawful assembly outside the local branch  of  the
        New China News Agency (NCNA) in the early morning of June 5.
        Andrew  To Kwan Hang, the internal vice-chairman of  the  liberal
        party's  Kowloon Central Branch, was served a  summons  yesterday
        for a hearing at Eastern Court on October 28.
        To  is  also  a Wong Tai Sin District Board  member,  a  standing
        committee  member  of  the  Hong  KOng  Alliance  in  Support  of
        Patriotic  Movement in China and a former secretary  -general  of
        the Hong Kong Federation of Students.
        He is one of the four people expected to be charged for  unlawful
        assembly outside the agency.
        The  others are former secretary-generals of the  Federation  Mr.
        Tsoi Yiu Cheong and Miss Wong Ching Man.
        About  30  police officers and seven students were injured  in  a
        scuffle  outside the NCNA on June 5 after a candlelight vigil  at
        Victoria Park.

        4)   THE RESTRICTED AREA - THE NEW CHINA NEWS AGENCY

        Before  1989,  there were occasional demonstrations  outside  the
        NCNA.  Demonstrators were allowed to demonstrate in front of  the
        NCNA.  Demonstrations were peaceful.No restricted area was set up
        and no clashes took place.

        During  the  pro-democracy movement  in  Beijing,  demonstrations
        outside  the  NCNA frequently took place and usually in  a  large
        crowd.   Demonstrations  were  in support  of  the  pro-democracy
        movement   in   China  and  criticizing   the   PRC   government.
        Demonstrations,  sit-ins, hunger strikes took place in  front  of
        the NCNA without any interference from the police.

        On  the first anniversary of June Fourth in 1990,  students  were
        barred from approaching the NCNA to have a sit-in there.  Reasons
        were not given by the police.  It marked the first time the  NCNA
        is  being made a demonstration-free zone.  Such policy becomes  a
        police practice dealing with anti-PRC demonstrations outside  the
        NCNA now.  Over the last 2 years, different reasons were cited by
        the  police to justify such a policy.  A summary is as follows:

           1) that the police has to protect the NCNA building;
           2) that the police act upon complaints against demonstrators;
           3) that demonstrations cause a road blockade;
           4) that demonstrations jam traffic;
           5) that the police act to ensure the safety of students;
           6) that this is the policy;

        (This  is  a  quotation  from  an  article  discussing  the  NCNA
        restricted area prepared by the Hong Kong Federation of  Students
        in June 1992)

        COMMENT BY LEGAL PROFESSIONALS

        According  to Mr. Johannes M.M.Chan, the senior lecturer  of  the
        Faculty  of Law of the University of Hong Kong, the set up of  so
        called a "sensitive zone" has no legal ground.  Unless the police
        mean  and  prove  that  demonstrations  took  place  in  such   a
        "sensitive zone" have caused a breach of peace.  Breach of  peace
        has  clear  definitions in common law.  A  few  students  staging
        sit-in  outside  the  NCNA  hardly commits  a  breach  of  peace.
        Besides  the  British  Foreign  Department  and  the  Hong   KOng
        government have made clear that the NCNA enjoys no embassy status
        in  Hong  Kong,  so to set the NCNA as  a  "sensitive  zone"  for
        demonstrations has no legal ground.
        (Mr.  Johannes Chan made the above comment after the HKFS  staged
        an  overnight sit-in outside the NCNA on 12 February  1991.   The
        above is a translation of a newspaper transcript of the Hong Kong
        Economic Journal on 14 February 1991.)


        5)   EXTRACT  OF  THE PUBLIC ORDER ORDINANCE  PART  IV   UNLAWFUL
        ASSEMBLIES,RIOTS AND SIMILAR OFFENCES

        18.  (1)  When  3 or more persons,  assembled  together,  conduct
        themselves   in   a  disorderly,   intimidating,   insulting   or
        provocative  manner  intended  or  likely  to  cause  any  person
        reasonably  to fear that the persons so assembled will  commit  a
        breach of peace, or will by such conduct provoke other persons to
        commit a breach of the peace, they are an unlawful assembly.

             (2)  It is immaterial that the original assembly was  lawful
        if  being assembled, they conduct themselves in such a manner  as
        foresaid.

             (3)  Any  person who takes part in an assembly which  is  an
        unlawful  assembly by virtue of subsection(1) shall be guilty  of
        the offence of unlawful assembly .......

        (The  four  persons  are charged for take  part  in  an  unlawful
        assembly  as  contrary  to  section  18.1  of  the  Public  Order
        Ordinance)


        6)   COMMENT ON PUBLIC ORDER ORDINANCE SECTION 18 BY THE HKFS

        1) Section 18 allows prosecution be taken against those who  take
        part  in  the unlawful assembly so defined by 18(1).  It  is  not
        fair that only the presence of the accused, not his/her intention
        is considered and constitutes a crime.

        2) Section 18 makes all those present in the unlawful assembly so
        defined  by 18(1) liable to prosecution even though it is only  3
        people    acting   disorderly,   intimidating,   insulting    and
        provocative.  It is both unfair and intimidating to people taking
        part in any assembly.

        (Abstracted from HKFS Resolutions on Human Rights in HK 1989-90)