A former student leader convicted of rioting inside the city’s legislature on the anniversary of Hong Kong’s handover to China during the 2019 protests was repeatedly interrupted by the judge for “expressing political opinions.”
Althea Suen, who appeared at the West Kowloon Law Courts Building on Tuesday alongside five other defendants, was cut off by Deputy District Judge Li Chi-ho several times throughout her mitigation plea.
Her case relates to the storming of the Legislative Council (LegCo) on July 1, 2019, which marked one of the major incidents in the months-long unrest. That night, protesters occupied the government building, smashing windows and spray-painting slogans on the walls.
Suen, the former head of the University of Hong Kong’s students’ union, was among seven people who pleaded guilty last May to rioting. Of the six other defendants in the case who pleaded not guilty to rioting, four were convicted last week, while two were acquitted.
The court heard six of the defendants’ mitigation pleas on Tuesday.
When it was Suen’s turn, she personally gave a statement and said she was obligated to join the anti-extradition protests in 2019. She said she believed citizens who were capable of “independent and rational thought” would step forward when Hong Kong’s core values were being challenged.
Judge Li then stopped Suen, saying that political statements were not allowed in court.
‘Loosely-defined’ law
Suen continued after that first interruption, saying that she had pleaded guilty because she understood the “literal meaning” of the law. She said that even though she had not damaged anything, disturbed peace, or committed any violent acts, she had committed a rioting offence under the “loosely-defined” law.
“In the eyes of the regime, the real crime is the pursuit of democracy, freedom, and human rights,” she said in Cantonese.
Judge Li then ordered a court break and asked Suen’s lawyer to discuss the contents of the plea with her client. He warned again that Suen would be stopped from speaking if she used her mitigation as a platform for expressing political opinions.
Suen continued after the break, saying she had “not stopped observing, learning and reflecting over the past years.”
“The strategy of civil disobedience had failed to bring about a free and democratic Hong Kong,” she said before being interrupted by Li again.
Suen then said she would skip parts of her speech to comply with the judge’s warning.
“I understand the court is not the place to pursue historical truth, but I have not given up on my pursuit of justice, and I have not given up fighting for children’s rights,” said Suen, who is a children’s rights advocate.
“I hope to regain my freedom soon and return to the people I love, and to continue living in truth, to lead an honest and righteous life,” she added.
Ex-reporters’ mitigation pleas
Suen appeared in court with five other defendants, including Wong Ka-ho, a then-reporter for a student publication at the City University of Hong Kong and Passion Times reporter Ma Kai-chung.
The two were acquitted of rioting, but were found guilty of entering or remaining in the LegCo chamber. Their lawyer told the court that cases such as theirs were usually dealt with by fines, adding that they had entered the chamber as journalists.
The lawyer said that while the judge ruled that Wong’s actions amounted to a breach of the law, his client had not engaging in physical conflict.
Referring to the fact that Wong’s fingerprints were found on a Basic Law pamphlet in the LegCo chamber, the lawyer said it was not the student reporter’s intention to tamper with the copy. He had wanted to take photographs from a better angle, the lawyer said.
The lawyer, who also represented Ma, said the then-Passion Times reporter was working that day and did not lead or participate in the protest, nor did he obstruct the police. He added that Ma’s photos and live broadcasts had served the public’s interest, and asked the court to hand him a fine.
Those found guilty of entering or remaining in the LegCo chamber are liable to a $2,000 penalty and three months’ imprisonment.
The court will hear mitigation statements from the second batch of the case’s defendants on February 21. The defendants include ex-activist Ventus Lau, who pleaded guilty, and actor Gregory Wong, who denied the charge and was found guilty last week. All of them will face sentencing on March 16.
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