World

Hong Kong police wrong to ban Tiananmen vigil, court rules

In rare rebuke of authorities, judge rules cops failed their duty by not considering ways to facilitate gathering

Updated 3 years ago · Published on 14 Dec 2022 6:15PM

Hong Kong police wrong to ban Tiananmen vigil, court rules
Hong Kong police stand guard, having banned the last three vigils citing the coronavirus and security fears. – AFP pic, December 14, 2022

HONG KONG – Hong Kong police’s decision to ban a Tiananmen vigil last year was unlawful, a court ruled today, as it overturned the conviction of jailed democracy activist Chow Hang-tung.

The ruling is a rare rebuke of authorities in a city where the public commemoration of Beijing’s deadly 1989 crackdown has been virtually wiped out in recent years.

Chow, a 37-year-old lawyer and one of Hong Kong’s most prominent democracy activists, led a now-disbanded group that used to organise the city’s annual candlelight vigils to mourn those killed in Tiananmen Square when China sent troops to crush democracy protests.

Police have banned the last three vigils citing the coronavirus and security fears and the courts have already jailed multiple activists who defied those bans, including Chow.

Pro-democracy media tycoon Jimmy Lai is also among those behind bars for defying the various bans on the vigils, in his case for the 2020 event.

Chow was jailed for 15 months in January for writing articles urging the public to “light candles to seek justice for the dead”, which a lower court said amounted to inciting others to defy the ban.

But high court judge Judianna Barnes today said police wrongly banned the vigil in 2021 as they did not “proactively and seriously consider” ways to facilitate a public gathering, as was required by law.

As the government failed to prove the ban was legally valid, Chow’s articles would no longer constitute a crime and her conviction was scrapped on appeal.

Despite her court victory, Chow remains in custody as she faces further prosecutions including for national security charges which carry up to a decade in jail.

Hong Kong was formerly the only place in China where mass commemoration of Tiananmen was tolerated but Beijing has been remoulding the city in its authoritarian image after huge and sometimes violent democracy protests in 2019.

Chow was arrested on the morning of June 4, 2021, when her articles appeared on social media and in a newspaper calling on residents to mourn Tiananmen victims.

At the time, police warned that the vigil was banned due to the pandemic and that thousands of officers would be on standby to halt any “unlawful assemblies”.

But judge Barnes said today that police failed to fulfil their duty under the law to take reasonable measures to facilitate public gatherings, such as imposing conditions on social distancing.

“Although the organisers expressed willingness to follow any reasonable demands by the police, the police only raised questions... and did not propose measures or conditions that could obviously be considered,” the judge said.

AFP has contacted the Justice Department and Hong Kong police for comment.

In mainland China, censors have long scrubbed what happened at Tiananmen Square, both online and in the real world.

Commemoration of the Tiananmen crackdown in Hong Kong has largely been driven underground.

Last year, multiple statues marking the historical event were removed from university campuses while an activist-run museum was shut down. – AFP, December 14, 2022

Related News

Malaysia / 3d

Desa ParkCity tragedy: Boy, girl stabbed in the neck, say cops

Malaysia / 1w

Billionaire numbers reach record high as wealth remains concentrated

Malaysia / 1w

Malaysians urged to rethink travel to southern Thailand after 51 violent incidents

Malaysia / 1w

Anwar backs One China policy, says Beijing can pursue reunification

Malaysia / 1w

Disturbed woman at KLIA taken to hospital, had forgotten to take medication

Malaysia / 1w

Woman, believed to be foreigner, allegedly causes disturbance at KLIA (video)

Spotlight

Malaysia

Singapore could bar under-18s from social media platforms that fail safety test

Malaysia

College student dies after falling from 22nd-floor condominium in Setapak

Malaysia

PM praised for ‘Medeka Day’ reforms; More needed to cope with rising costs – Guan Eng

By Ian McIntyre

World

Tupac Shakur murder case ends after 30 years as ex-gang leader found guilty

Malaysia

Unidentified man found dead in Sungai Buloh drain as police probe suspected murder

Malaysia

Four killed, four injured in 11-vehicle Pahang highway crash

Malaysia

Sarawak haze crisis deepens as five areas hit hazardous air quality

Opinion

Would the United States use nuclear weapons against Iran?

Malaysia

Tajikistan eyes bigger role for Malaysia in Central Asian market

By Alfian Z.M. Tahir

You may be interested

World

Nepal presses China for real-time glacier data after deadly Himalayan flood

World

Flash flooding hits Grand Canyon, leaves 15 missing as 62 rescued

World

Search continues as Nepal-Tibet disaster toll tops 1,000 with hundreds remain unaccounted for

World

Nepal flood disaster: Mass graves grow as death toll nears 1,000

World

Woman killed by police after fatal stabbing in New York’s Times Square

World

China warns of ‘consequences’ over Taiwan’s presence at pacific forum

World

Insurgents' Global House raid and bombing in Pattani most brazen yet

World

Iran’s Mojtaba Khamenei urges Muslim unity, calls for Gulf nations to stand together