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May 03, 2016

‘Political protest not a crime’: Hong Kong lawmaker tells court as police testifies

Trial centres on encounter at June 2014 rally in which pro-democracy figures burned a prop representing Beijing’s white paper on the city

JASMINE.SIU@SCMP.COM

UPDATED : Tuesday, 03 May, 2016, 3:04pm

Raphael Wong (far left), “Long Hair” Leung Kwok-hung, Albert Chan, Nathan Law and Joshua Wong at a rally. Photo: Felix Wong

A police inspector told Eastern Court that two men, including radical lawmaker Albert Chan Wai-yip, blocked a colleague from putting out a fire that was burning a prop of Beijing’s white paper at a protest outside the central government’s liaison office in June 2014.

Li Tsz-wai’s testimony on Tuesday was meant to incriminate League of Social Democrats vice-chairman Raphael Wong Ho-ming, 27, Chan, 61, Demosisto chairman Nathan Law Kwun-chung, 23, and the new party’s secretary Joshua Wong Chi-fung, 19.

The four were accused of obstructing police officers as they carried out their duties at a protest in Western district on June 11, 2014.

In a 22-minute video played in court, protesters were seen burning a prop of Beijing’s white paper on Hong Kong, following the release of the document spelling out the central government’s “complete jurisdiction” over Hong Kong. The prop measured 1.5 by one metre.

Li said his colleague took out a bottle of water in an attempt to douse the fire, when Raphael Wong and Chan “attempted to use their bodies to prevent the officer from doing so”.

The fire was later put out when another officer used a fire extinguisher.

The inspector also recalled that protesters, including then Scholarism convenor Joshua Wong, pointed and shouted at officers who tried to put out the fire.

“But I couldn’t hear what they said because it was too noisy,” he added.


Raphael Wong (left, pictured at a protest in March) said political prosecution was shameful when he was asked Tuesday to enter a plea in the case. Photo: David Wong

The four men were arrested last July, a year after the incident.

When asked to enter a plea, Raphael Wong replied: “Burning white paper is not a crime. Political prosecution is shameful. I plead not guilty.”

Magistrate Lee Siu-ho told the defendants the court was not a platform for political expression.

But that did not stop Chan from adding: “Political protest is not a crime.”

The magistrate replied: “I take that as a not-guilty plea.”

Raphael Wong and Law each pleaded not guilty to one count of obstructing a police officer in the execution of his duty. Chan and Joshua Wong each denied two counts of the same charge.

The magistrate said the prosecution had to prove the defendants were present at the scene when the officers involved were executing their duties and that their obstruction was intentional.

The trial continues.

http://m.scmp.com/news/hong-kong/law-crime/article/1940679/political-protest-not-crime-hong-kong-lawmaker-tells-court