Occupy protester jailed over HK court injunction defiance

HONG KONG — A key Occupy Central protester was sentenced to three months’ jail yesterday for defying a Hong Kong court injunction over his role in the 79-day sit-in, while another participant was slapped with a fine and suspended sentence.

Former Legislative Council runner Cheng Kam-mun and waiter Au Yuk-kwan became the first to be sentenced for criminal contempt of court over injunctions sought against pro-democracy protesters two years ago.

Au was fined HK$10,000 (S$1,795) and given a suspended sentence of one month.

High Court judge Justice Andrew Chan Hing-wai said a deterrent sentence was needed for large-scale and deliberate actions to defy court orders. This was to protect the rule of law.

“Your conduct does not embarrass this court. It challenges the very existence of it,” said the judge.

Their sentencing came on the same day as the first court appearance of nine Occupy Central leaders facing a range of public nuisance charges.

In 2014, pro-democracy protesters took to the streets to block major roads in busy areas, including Admiralty and Mong Kok. They were voicing discontent over a restrictive framework of universal suffrage proposed by Beijing. As the movement developed, two taxi and minibus driver groups claimed protesters blocked their right of way. The groups applied for a court injunction to bar protesters from congregating at Argyle Street in Mong Kok, a popular shopping hub.

Cheng, Au and others were arrested on Nov 25 that year, when officers worked to disperse the crowds.

The pair are among more than a dozen facing criminal contempt. But while others have pleaded not guilty, Cheng and Au admitted their involvement. The two were initially arrested over a civil injunction, but later faced criminal contempt when the Department of Justice took over the proceedings.

The judge said Cheng must go to jail because of the little remorse he had shown for being late and “toying with his mobile phone” during the last mitigation session.

He also said Cheng’s involvement was a “flagrant defiance of the injunction order”. Video footage showed a masked Cheng holding banners and a loudspeaker during the protest.

Cheng applied for bail pending an appeal, but this was dismissed by the judge, who said there was little prospect of success. He intends to file an appeal, according to his lawyers. SOUTH CHINA MORNING POST