Earlier this year, in a courtroom twist that defied reason, well-known Hong Kong localist activist Alvin Cheng Kam-mun began his trial facing charges of ‘perverting the course of justice’ and ended it with a nearly four year sentence for rioting—a crime with which he had not been charged, nor received a trial.
As Cheng and his co-defendants entered the courtroom of District Court Judge Cheng Lim-Chi, only a few spectators filled the gallery. Their alleged crimes, carrying the prospect of just a few months in prison, had garnered far less attention than the hundreds of defendants charged with rioting or national security crimes, crimes that carry the weight of severe, years-long sentences.
Yet by the end of the 13-day trial, Alvin[1] would be handed just such a sentence for rioting, one of the most serious—and common—charges doled out to those involved in the 2019 pro-democracy protests.
Despite scant evidence of any violence on the part of many defendants, Hong Kong’s judges have managed to manipulate law and evidence to secure a guilty verdict. This is often achieved by mischaracterizing clothing associated with the political movement and protective gear as evidence of rioting. Judge Cheng’s conviction of Alvin, however, is a particularly stark example of the extraordinary measures some judges have been willing to employ to imprison dissidents for “riots” they never actually participated in.
A failed rescue
In November 2019, a campus protest turned into a standoff when police laid siege to Hong Kong Polytechnic University. From November 17-29, hundreds of people were trapped inside the university’s buildings, surrounded by unyielding police lines. Initial attempts to break through these lines, both from some of those trapped inside and thousands supporting them from outside, met with little success. By November 19, the siege had descended into a tense waiting game.
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