Applauding in Court, and Shouting Remarks Led to Convictions for Sedition

Applauding in Court, and Shouting Remarks Led to Convictions for Sedition
On April 4, 2022, Pastor Garry Pang Moon-yuen shared his views on a riot in Hong Kong on his YouTube channel. (Screenshot of YouTube "pastorrockswithu")
11/2/2022
Updated:
11/2/2022

A Hong Kong pastor, 59, and a woman, 68, were convicted of “uttering seditious words” and other crimes for applauding from the public gallery and shouting to the magistrate, “You have lost your conscience,” when they were watching a hearing of the June 4 vigil (commemorating Tiananmen Massacre) of organizer Chow Hang-Tung in January. They were reprimanded by the judge after the clapping incident, but they continued to shout messages and slogans.

The two were arrested for“uttering seditious words” during a court hearing on April 6 and faced trial on Sept 1, 9, 13-16, and Oct. 21, and were sentenced on Oct. 27. The many trial days filled by viewing and discussing the content of Youtube videos.

Magistrate Cheng Lim-chi convicted both of them at the West Kowloon Magistrates’ Court on Oct. 27 and sentenced pastor Pang Moon-yuen to one-year detention, and Chiu Mei-ying was sentenced to three months in prison. When defendant Pang was on the stand, he quoted from the Bible, saying, “Woe to those who call evil good, and good evil.” He also said that he defended freedom of speech and the rule of law, “History will acquit me.”

Chow Hang-tung’s case refers to the former vice-chairman of the Hong Kong Alliance (HKA), Chow Hang-tung, who last year appealed online to the public to participate in the June 4 vigil and was charged with “inciting others to knowingly participate in an unauthorized assembly.” The case was decided in January, and Chow was sentenced to 15 months in prison, of which 10 months will be executed in installments with other cases, with a total sentence of 22 months.

Since the June 4 Incident in 1989, the HKA has held candlelight vigils in Hong Kong for 31 consecutive years. The number of citizens participating each year ranges from tens of thousands to hundreds of thousands. However, after the CCP passed the “Hong Kong version of the National Security Law,” it banned the HKA and also banned Hong Kong people from mourning the June 4th incident.

Some citizens went to court to show their support for Chow. The two defendants, Garry Pang Moon-yuen, 59, and Chiu Mei-ying, 68, were convicted of “uttering seditious words” and for applauding at the hearing, while Pang was also found guilty of committing “acts with seditious intention” for operating a YouTube channel.

In Cheng’s ruling, he pointed out that when the case occurred, the first defendant, Peng, said, “You have lost your conscience.” And the second defendant, Chiu, said, “Ask Bao Qingtian to come to trial” (*“Bao Qingtian” was an impartial official in the Song Dynasty of China), Zheng said that “Bao Qingtian” represented justice and strictness, and believed that Chiu was criticizing the judge’s injustice in the judgment. After someone clapped hands, the magistrate issued a warning, but the two still verbally criticized the judge, and thus, the magistrate believed that a deterrent sentence should be imposed.

In relation to Pang’s offense of “acting with a seditious intention,” Zheng pointed out that the defendant Pang repeatedly criticized the court on his YouTube channel, “severely undermining the credibility of the court and damaging the rule of law and trampling on the dignity of the court.” He also pointed out that with the defendant’s background and education, he must understand that there are procedures for complaining about a judge’s misconduct. Rather than unilaterally saying that judges do not follow the rule of law online.

Pang made a personal statement, citing the Bible as saying, “Woe to those who call evil good, and good evil.” He also pointed out that in this sedition case, ostensibly, the prosecution won from the perspective of protecting conscience and justice. He defended freedom of speech and the rule of law, “I have won,” and “History will acquit me.” He also quoted from the Bible and from “Power of the Powerless,” authored by Václav Havel, and claimed that he confessed to applauding and to accusing the judge, which is “defeating the fear of freedom.” He said that no matter how long the sentence is, he will happily face it and continue to undertake the mission of “prison chaplain.”

Pang was sentenced to 12 months in prison for the two crimes, while Chiu was sentenced to 3 months in prison.

Case No.: WKCC928/2022