圍警總 黃之鋒 周庭 林朗彥 重判囚7-13.5月 國際震驚不公審判 Hong Kong Activists Joshua Wong, Agnes Chow & Ivan Lam Jailed – World Shocked by Unfair Trial

去年6月21日圍警總,黃之鋒、周庭及林朗彥被控煽惑、組織及參與未經批准集結,重判囚13.5、10、7個月。港大法律講師張達明認為,案件控罪與刑罰不相稱,國際震驚不公審判。

去年6月21日大批示威者包圍警察總部,已解散的香港眾志前秘書長黃之鋒、成員周庭及主席林朗彥被控煽惑、組織及參與未經批准集結等三罪。三人早前承認控罪,即時還押 9 日。

裁判官王詩麗今判刑時指,本案有預謀,三名被告均是積極參與者,集結亦有一定規模,而示威者呼叫的口號目的無疑是衝擊警方,挑戰警方權威,直指本案比其他集結案更為嚴重,必須判以阻嚇性刑罰,即時監禁是唯一選項,最終判黃之鋒入獄13個半月、周庭入獄10個月、林朗彥囚7個月,並且不准緩刑。周庭聞判抱頭痛哭,認罪並第一次判囚,申請保釋上訴竟遭拒。

港大法律學院首席講師張達明認為,案件控罪與刑罰不相稱,指3人的控罪是涉及未經批准集結,即指相關的集結是和平進行,反映控方無法證明非和平暴力原素與三人有關,但裁判官將很多不和平的情節,放在三人的責任上,違反法律原則。對於周庭提出上訴,張達明指,如果高等法院法官認為法律原則上有問題,就會批准保釋等候上訴。

末代港督彭定康透過人權組織「香港監察」發聲明,指黃之鋒等三人都是香港民主及法治的倡導者,三人被判監是中國決意「將香港鎖上手銬」的例證。呼籲國際社會與港人同行。

英國外相藍韜文回應黃之鋒等三人被判入獄時,敦促香港和北京當局停止扼殺反對派,又指檢控決定必須公平公正,香港人的權利及自由必須獲維護。

歐盟外交與安全政策發言人納比拉·馬斯拉利(Nabila Massrali)指出:今天宣判黃之鋒等……是在縮窄香港支持民主發聲空間的另一個標誌。必須確保行使基本自由,包括和平集會。

美國國會眾議院議長佩洛西(Nancy Pelosi)就判刑發表聲明,指中國重判這些年輕民主鬥士令人震驚,如此不公的審判清楚顯明北京會不惜一切消滅異見及摧毀允諾港人享有的自由和真正自治。

On June 21 last year, a large number of demonstrators surrounded the police headquarters. Joshua Wong, former secretary general of the disbanded Hong Kong Demosisto, member Agnes Chow and chairman Ivan Lam were charged with inciting, organising and participating in unauthorised assembly. The trio pleaded guilty earlier and were immediately remanded for 9 days.

Magistrate Lily Wong said the trio had been “premediated” in inciting others to take part in, or continue to take part in, the assembly. She said their inciting acts posed a threat to personal safety to people at the scene and caused serious disruption to traffic: “They committed the offence in a joint enterprise of which they were active participants.” The slogans used by the protesters were undoubtedly aimed at attacking and challenging the authority of the police. Wong was sentenced to 13.5 months in prison whilst Chow received 10 months, and Lam was handed seven months behind bars and no suspended sentence was allowed. Agnes Chow cried upon hearing the conviction. Chow pleaded guilty and was sentenced to prison for the first time, yet her application for bail pending appeal was rejected.

Eric Cheung, principal lecturer of the Faculty of Law of the University of Hong Kong, believes that the charges and punishments do not commensurate with the case. The inability of the prosecution to link many violent acts to the trio involved an unauthorised assembly, which was conducted peacefully, violated legal principles. Regarding Chow’s appeal, Cheung pointed out that if a judge of the High Court finds that there is a problem in principle of law, he will approve bail pending appeal.

Chris Patten, ex-governor of Hong Kong, stated that the imprisonment today of Joshua Wong, Ivan Lam and Agnes Chow – all of them campaigners for the rule of law and democracy in Hong Kong – is another grim example of “China’s determination to put Hong Kong in handcuffs.” He called on the international community to stand with the people of Hong Kong.

British Foreign Minister Dominic Raab responded after the trial: “I urge the Hong Kong and Beijing authorities to bring an end to their campaign to stifle opposition. Prosecution decisions must be fair and impartial, and the rights and freedoms of people in Hong Kong must be upheld.”

Nabila Massrali, Spokesperson for Foreign Affairs & Security Policy of the European Union said, “Sentencing today of Joshua Wong… is another sign of shrinking space for pro-democracy voices in Hong Kong. Exercise of fundamental freedoms, including peaceful assembly, must be ensured.”

Nancy Pelosi, Speaker of the US House of Representatives, described the sentencing as “appalling”. “This injustice is clear proof that Beijing will stop at nothing to stamp out dissent and to destroy the freedoms and real autonomy guaranteed to the people of Hong Kong.”

楊必興 P H Yang