Hong Kong LegCo Storming Case: Judge Repeatedly Interrupted Former HKU Student President’s Pleading

Althea Suen Hiu-nam, the former president of the Hong Kong University Students’ Union. (Sung Pi-Lung/The Epoch Times)

Six of the defendants in the Hong Kong Legislative Council storming case, including Althea Suen Hiu-nam, the former president of the Hong Kong University Students’ Union, pleaded for leniency on Feb. 6.

Ms. Suen said that as a passionate lover of Hong Kong, it was “a natural and unshirkable thing” for her to join the anti-Extradition Law Amendment Bill Movement. During her speech, the judge interrupted at least five times and warned he might suspend her speech.

In 2019, the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill proposed by Hong Kong authorities attracted wide concerns that Hong Kong’s independence might be undermined. In June 2019, a number of large-scale rallies and protests against the Bill took place.

On July 1, 2019, the 22nd anniversary of the establishment of the Hong Kong Special Administrative Region, the public gathered to demand the release of arrested protesters and to prevent the flag-raising ceremony from being held to show that the unelected authorities were not recognised. Some protesters stormed the Legislative Council and clashed with the police, entering the building at around 9 p.m. The protesters displayed black Bauhinia and Hong Kong flags to show that the legislature did not reflect public opinion. Words such as “genuine suffrage,” “Hong Kong communists,” and “misgovernment makes the people rebel” were spray-painted on the wall in the anteroom of the Council.

Ms. Suen became the president of the Hong Kong University Students’ Union in 2016. She is the first president of the Union to express support for Hong Kong’s independence during her term of office.

On May 29, 2023, Ms. Suen wrote on Facebook that she had never regretted her fight for freedom, justice, and democracy.

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“In 2023, I am in Hong Kong, in prison, but my mind is still free,” reads the post written in Chinese.

Judge: Not a Stage to Express Personal Opinions

Ms. Suen, although represented by a lawyer, requested to address the court in person. She said it was her first time facing criminal prosecution; it had been over four and a half years since the incident, and she was grateful for the opportunity to express herself in words after pleading guilty. She also noted that considering a large number of minors had been arrested and prosecuted, the principle of “best interest of trial” was ignored by the criminal court.

However, the district court judge Li Chi-ho immediately interrupted Ms. Suen, saying that her plea was “off-topic.”

Ms. Suen continued her speech, saying that she had been concerned about children’s rights since secondary school. In 2019, while studying for a master’s degree in human rights law, she believed that with her knowledge, she could protect social values. The day before the incident, she attended a press conference on the mental distress of young people caused by social events. She had also enrolled in a relevant course in prison, hoping that the judicial system in Hong Kong could be transformed into a path of justice to allow society to reconciliate.

Committed Riot Offence Never Using Violence

When talking about the lack of genuine suffrage in Hong Kong, the judge interrupted again, reminding Ms. Suen that “this is not the stage for you to express your political orientation.”

“I decided to plead guilty because I understand the literal meaning of the law. Even if I had not done anything to damage objects or disturb the peace of the community, and even if I had paid attention to the people from the beginning to the end, never using violence, I would still be guilty of a broadly-defined offence of riot in the eyes of the regime,” Ms. Suen replied.

“The real offence, in the eyes of the regime, is the pursuit of democracy, freedom, and human rights.”

The judge interrupted Ms. Suen’s speech again at that point. Ms. Suen, arguing that there would be a personal reflection section later, wished the judge would give her a few minutes to reflect on the case.

An “anti-extradition” parade with a million people packed the entire street in Hong Kong on June 9, 2019. (Sung Pi-Lung/The Epoch Times)

However, Judge Li interrupted by saying, “This is not a stage for you to express your personal views,” and ordered a short adjournment.

After the re-opening of the case, the judge said that it was an exceptional case for the court to allow Ms. Suen, who was represented by a lawyer, to speak in person, and that the court might terminate her speech if she continued to make political statements.

“I hope that you will treasure the opportunity and will not abuse it,” he said.

Ms. Suen further stated that on the day of the incident, she did not enter the Legislative Council, whose “middle door was wide open” in a premeditated and organised manner, and she understood that the court was not a platform for pursuing historical truth.

“I will always keep my heart open and maintain my concern for others. [I’ll] return to freedom and people who love me as soon as possible after bearing the price,” she concluded.

“In the future, I will continue to live in the truth and live an open and honest life.”

Of the 14 defendants involved in the case, six pleaded guilty on Feb. 6, including two journalists, Wong Ka-ho (aged 20 at the time) and Ma Kai-chung (aged 30), who were convicted of “entering or remaining in the precincts of the Chamber.” The pleas of the other eight will be heard on Feb. 21. The case is due to be sentenced on March 16.

Hong Kong’s district court sets a maximum of seven years in prison for the offence of rioting.

Case No. DCCC1124/2022