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August 29, 2015

Three Hong Kong protesters jailed after magistrate accuses them of undermining Legislative Council

Magistrate accuses trio of undermining Legislative Council by blocking doors, staying in lobby

CHRIS LAUchris.lau@scmp.com

PUBLISHED : Friday, 28 August, 2015, 11:05pm

UPDATED : Friday, 28 August, 2015, 11:05pm

Activist Bobo Yip expresses shock at the jail term imposed on her and rejects comments made by the magistrate. Two other protesters were also jailed over the protest. Photo: Felix Wong

Three activists were jailed for up to three weeks on Friday after a magistrate said they undermined the Legislative Council during a rowdy protest last year against government plans for new towns in the northeastern New Territories.

The trio were earlier convicted of one count of violating a Legco administrative order.

Wong Kan-yuen, 25, and Cheung Hon-yin, 41, prevented two doors at Legco's west gate from being closed during the protest on June 6, 2014, while Bobo Yip Po-lam, 34, remained in the legislative complex for five hours that day.

Magistrate Lee Siu-ho said no matter how reasonable their views were, expressing them through illegal means would only make them less convincing.

Opponents of the Northeast New Territories development plan break the security lines and protest inside Legco complex on June 6, 2014. Photo: Edward Wong

"It might put you in the spotlight for a while, but such acts do not assist you in spreading the message," Lee told the three defendants at Eastern Court, adding that their attempts had shifted attention from their message to their criminal acts.

He sentenced Wong to three weeks in prison. Yip was jailed for two weeks and Cheung for one week. All three were granted bail pending appeals.

He said the trio had undermined the council in carrying out its functions with dignity.

Yip encouraged others to protest inside the Legco lobby, which was not suitable for such activities, the magistrate continued. He noted people were yelling and beating drums at the time.

Lee also stressed that Wong's blocking of the door later led to injuries to Legco security guards.

He said their actions leaned towards the serious end of the spectrum of the charge of contravening an administrative instruction issued under the Legislative Council (Powers and Privileges) Ordinance.

The instruction bans visitors without permits or authorisation from the premises while Legco meetings are under way.

All three had earlier pleaded not guilty. The jail terms were imposed after probation officers decided against recommending community service orders for Yip and Wong, who had told the officers they intended to launch an appeal - which was seen as a sign that they lacked remorse.

Cheung was also not recommended for community service for health reasons.

In mitigation, Yip, of the Land Justice League, said she had tried all means to express her opinions, but to no avail.

"We wanted to put pressure [on the authorities] through peaceful protests," she said.

The other two defendants, the court heard, were active in social protests and followed social affairs closely.

Outside court, Yip said she was shocked by the heavy sentence. She disagreed with the magistrate's comment that their protest was a momentary attempt to place themselves in the spotlight. She said their aim was to put pressure on the authorities through the media.

http://m.scmp.com/news/hong-kong/law-crime/article/1853544/three-hong-kong-protesters-jailed-after-magistrate-accuses