‘I Thought I Was About to Die’: Eyewitnesses Describe Brutal Beatings by Police

A crumpled tissue dampened with tears lies near Ng Chi Fai as he tells how a routine journey home on the Hong Kong subway landed him in a scene of terrifying chaos.

Business was slow for the chef Saturday night at the restaurant where he boils, steams and fries the Cantonese dishes his customers love. The 53-year-old, a cook since the age of 18, was fretting about getting home, scrolling through the news on his cellphone as protests broke out across the city. Demonstrators were defying a police ban, angered by the arrests of a group of pro-democracy activists.

So he decided to leave early, changed out of his chef’s shirt and hurried to the nearby Lai Chi Kok transit railway station.

A wave of irritation overcame him as he changed trains at Prince Edward station, where he found a platform crammed with an unusually large crowd for late Saturday night: mainly families with small children, older people, and young women dressed in fancy clothes for a night out. He squeezed onto a train with other passengers, including some protesters.

Read the full article here: Los Angeles Times

Text: Los Angeles Times, Robyn Dixon, Ryan Ho Kilpatrick
Photo: Marcus Yam, Los Angeles Times

Hong Kong Bar Association Statement on Police Violence

The Hong Kong Bar Association (HKBA) released a statement on Police action in relation to the protests against the extradition law.

1. The fundamental duties of the Police Force are to protect the life, safety and well-being of residents, to safeguard public order, and to bring offenders before the courts for them to be dealt with in accordance with due process. It is an important part of our system which defends and upholds the Rule of Law.

2. There is, however, evidence that some elements in the Police Force have fallen below their usual high standards of conduct. In the past few months there has been a great deal of television and video footage showing police officers using excessive force to disperse protesters and in making arrests. Excessive crowd dispersal techniques have included the indiscriminate use of tear gas (including inside an MTR station) and the shooting of crowd control projectiles at shoulder height level or above at close range. Beatings upon arrests are apparent and have been widespread.

“riot police launching indiscriminate attacks without any apparent lawful excuse and using pepper spray on passengers inside a train compartment or hitting them with batons, especially since the officers in question left the train carriage afterwards without making any arrests.”

3. Video footage from the Prince Edward MTR station last Saturday night show riot police launching indiscriminate attacks without any apparent lawful excuse and using pepper spray on passengers inside a train compartment or hitting them with batons, especially since the officers in question left the train carriage afterwards without making any arrests.

4. Members of HKBA who have assisted arrested persons have experienced obstruction at police stations where arrested persons were denied timely access to legal assistance and representation. Arrested persons have also complained of abuses suffered during detention, many of whom required hospitalization or other non-trivial medical treatments.

5. There have been other violations of the Police General Orders such as the failure of police officers to display any form of identification which fosters a sense of impunity and lack of accountability. The various explanations that have been proffered to justify this – such as there being “no room” on the uniform of the Special Tactical Squad to display proper identification – are unconvincing to say the least.

6. It is paramount that whatever difficult or provocative circumstances that the Police Force may have to face, they must respect the constraints that are placed on them by the Police General Orders, and the law generally, which ensure professionalism, especially with respect to the use of force that is no more than proportionate in the circumstances.

7. The HKBA condemns any abuse of power by the Police Force. As disciplined professionals equipped with public authority and lethal and non-lethal weaponry, any unwarranted or excessive use of force against members of the public, be they protesters or ordinary passers-by or residents in housing estates, cannot be condoned. The incidents described above have greatly reduced public confidence in the Police Force. An independent inquiry will offer the truth that the public and the police deserve and may restore public confidence in our Police Force.

Hong Kong Bar Association 3rd September 2019

Police Officer Goes Kung Fu Panda on Media

Just when you think you’ve seen it all… a Hong Kong Policeman goes Kung Fu Panda on the media in Prince Edward last night (2 Sept).

In the same incident police used tear gas and pepper spray to attack journalists late last night with at least one sent to the hospital.

MTR Injunction

Imitating the actions of the Airport Authority Hong Kong the MTR has obtained a High Court injunction about obstruction and interference in the use of the MTR.

The details of the interim injunction can be read here or below. The Writ of Summon HCA1551/2019 is here.

 

UN Human Rights Office Criticises HK Police

The UN Human Rights Office has reviewed credible evidence of law enforcement officials employing less-lethal weapons in ways that are prohibited by international norms and standards.

For example, officials can be seen firing tear gas canisters into crowded, enclosed areas and directly at individual protesters on multiple occasions, creating a considerable risk of death or serious injury.

In a press briefing note issued on the 13 August, 2019 the Office of the High Commission on Human Rights at the United Nations about the current protests against the China Extradition law – the United Nations criticises the HK Police for their illegal use of weapons against protestors.

The full text of the briefing, which can be found here, is as follows:

Press Briefing Note on Hong Kong, China

Spokesperson for the UN High Commissioner for Human Rights: Rupert Colville
Location: Geneva
Date: 13 August 2019
Subject: Hong Kong, China

The High Commissioner is concerned by the ongoing events in the Hong Kong Special Administrative Region (Hong Kong SAR) and the escalation of violence that has taken place in recent days.

The High Commissioner condemns any form of violence or destruction of property and urges everyone participating in the demonstrations to express their views in a peaceful way. She notes the Chief Executive’s commitment to “engage as widely as possible” and to “listen to the grievances of the people of Hong Kong.” She calls on the authorities and the people of Hong Kong to engage in an open and inclusive dialogue aimed at resolving all issues peacefully. This is the only sure way to achieve long-term political stability and public security by creating channels for people to participate in public affairs and decisions affecting their lives.

The rights of freedom of expression and peaceful assembly and the right to participate in public affairs are expressly recognized in the Universal Declaration of Human Rights, as well as the International Covenant on Civil and Political Rights which is incorporated in the Basic Law of the Hong Kong SAR.

The UN Human Rights Office has reviewed credible evidence of law enforcement officials employing less-lethal weapons in ways that are prohibited by international norms and standards. For example, officials can be seen firing tear gas canisters into crowded, enclosed areas and directly at individual protesters on multiple occasions, creating a considerable risk of death or serious injury. The Office would urge the Hong Kong SAR authorities to investigate these incidents immediately, to ensure security personnel comply with the rules of engagement, and where necessary, amend the rules of engagement for law enforcement officials in response to protests where these may not conform with international standards.

The Office urges the Hong Kong SAR authorities to act with restraint, to ensure that the right of those who are expressing their views peacefully are respected and protected, while ensuring that the response by law enforcement officials to any violence that may take place is proportionate and in conformity with international standards on the use of force, including the principles of necessity and proportionality.

The Universal Declaration of Human Rights adopted by the UN General Assembly in Paris in 1948 can be found here, below is a video of how declaration came about.

Protestor Johnson Yeung Speaks About His Arrest

Speech by Johnson Yeung Ching Yin (ex convenor of Civil Human Rights Front) after his release on bail on 30th July 2019 evening:

There are many protestors here, some 40 of them have been held inside the Kwai Chung Police Station, and for many the 48-hour limit has passed.

I am one of the protestors arrested on 28th July. My name is Johnson Yeung. I was arrested in Central District at around 11pm that night. We were very cooperative at that time and we followed instructions given by the police. Policemen dragged me behind their shields regardless and subdued me with their fists. This is a complete abuse of police power!

“Being born in Hong Kong gives us the responsibility to make this a better place.”

My mobile phone was confiscated by the Police after the arrest. When they confiscated my mobile phone, I have told them the mobile phone must be put in a sealed evidence bag. However, they did not do so. After urging them several times, they still did not do so. They did not do so even after our arrival at the police station. Worse still, a police officer flashed a torchlight into my eyes when I was on my way to see the officer on duty. Another police officer even threatened me by saying “If you continue to be noisy you will be put inside the air-conditioned room”. They tried to use cruel treatment to threaten protestors who stood by their own rights.

The 40 more of us sat inside a car park that was as hot as a steamer for 24 hours. Some protestors may have sat there for even longer without rest. All we could do was sit. Some people were on the verge of getting a heat stroke. It is very clear to everyone whether this is normal practice or an abuse of power: The police was obviously trying to punish the protesters.

While the Police claimed that I was arrested for obstructing police officers, after detaining me for almost 24 hours, they obtained a search warrant from a Magistrate for the offence of unlawful assembly at midnight. They chose to bring me to my household in the middle of the night to disturb my family.

“The government is still sacrificing teenagers’ blood and freedom for their own dignity, power and benefit! We despise these! We want freedom! All we are asking for is freedom! We ask for autonomy! There are no rioters! There’s only tyranny!”

The above are tactics that the police are using: Illegal, inappropriate ways to discourage the people of Hong Kong from coming out to protest. All these convey one message: If you come out to protest, expect a deprivation of basic rights. Expect nuisance. Expect terror and restlessness for your family.

I do not reckon the above as what the Police should be doing. However, these actions are exactly what they have been doing to abuse and exert their power. These actions are also reasons why we have been pushing for the involvement of an independent investigative committee in reviewing the Police’s abuse of power.

Next, I would like to talk about this charge of “rioting”. There are some 40 people inside, and over 40 of us are being charged with “rioting”. I might have spent only around 20 hours with them inside this dungeon, but most of them are… (sobbing) they were only ten-odd and twenty-odd years old!

Why should they be prosecuted and threatened with the charge of “rioting”? In 2014 it was like this. In 2016 nothing changed. It is 2019 now and it has been five years! The government is still sacrificing teenagers’ blood and freedom for their own dignity, power and benefit! We despise these! We want freedom! All we are asking for is freedom! We ask for autonomy! There are no rioters! There’s only tyranny!

There are no rioters! There’s only tyranny!

I had a short conversation with several arrested protestors. In fact, they are really just… They are just teenagers that desperately hoped for a better Hong Kong. Some of them have considered migration and starting a new life in a different country, but ultimately they said: “Being born into Hong Kong gives us the responsibility to make this a better place.” Even if they have the right and the chance to immigrate, they still want to fight for freedom here in Hong Kong in hopes of making their homeland a place where people could truly live in peace. They are really not rioters. They are just a group of idealistic teenagers. I urge everyone to continue to support them.

The Regime That Devours It’s Young Souls – Testimony of a Journalist

I was one of the journalists stationed at the Legislative Council last night. As I write, the government has just called a press conference at 4 am. It is not hard to imagine how, by the morning, public opinion would sway against their favour thanks to the propaganda machine, and young protestors that occupied LegCo will have been labelled as “rioters”. Therefore, allow me to document here what I witnessed so that the public could gain a different perspective of the events.

https://www.facebook.com/RTHKVNEWS/videos/353449915337426/

At around 9 pm, the doors of LegCo’s main entrance were pried open. As we walked into the building, the stench of rotten eggs wafted through. Scattered on the ground were shattered glass and miscellaneous items. The young people and the journalists swarmed in, both going for the first floor by the escalator.

Located on the first floor of LegCo are the chamber and the ante-chamber, where lawmakers usually rest during work days. The sofas made for legislators had then become a place for the young people to rest their heads. Graffiti can be seen across the walls, there is a display within the cupboard.

One of the protestors reached for those items and was at once stopped by another who shouted, “Really, stop messing around!” “We are here to occupy, not to do damage,” said another as they went down the stairs. The first protester, as if they had been misunderstood, replied: “I just thought that it’s already damaged”. Others quickly retorted, “and that’s exactly because someone did it! Seriously, don’t touch anything!”

After a while, when we went back to the ante-chamber, there were four notes on the cupboard, which read “DO NOT DAMAGE”, and the items inside were totally unscathed. The same thing happened in the restaurant located on the foyer. Some of them took drinks from the fridge and left cash, careful to indicate with memos on the fridge that it was not a theft.

There was never a large crowd in the chamber—half of them were journalists, and some others were lawmakers. Fernando Cheung was there all night. And then it was what you see on the TV—graffiti, words in black spray paint. Outside the frame, someone dropped what appeared to be a metal plank, letting out a loud clang, but was immediately reminded “not to recklessly damage things”.

Amongst the portraits of LegCo Presidents, those of Andrew Leung, Jasper Tsang, and Rita Fan were taken down. Taking their places on the wall were the words of “YOU ASK FOR IT”. While the portraits Andrew Wong and John Joseph Swaine were, by some stroke of luck, left intact on the wall.

Deep into the night, debates and discussions on whether to leave or stay intensified. Pan-democrat legislators returned to the chamber, hoping to communicate with the young people there. The latter expressed clearly that they wanted to replicate Sunflower Movement, while others mentioned that they hoped the presence of lawmakers or other “adults” with certain leverage, who could stay with them and watch over them, would deter the police from taking disproportionate actions. They had indeed planned to occupy the chamber for an extended period of time at first, some even proposing setting up “scouts” and lines of supplies, or seeking help from “tech-saavy protesters who could operate the mics in the control room”.

They weren’t fearless. When someone shouted “the police are here” from the outside, they would panic and start running. After a while, when they realized it was a false alarm, they would start shouting “stay calm” and “don’t spread fake news” among themselves.

What really got the discussion going was a young man. Before that, there were already constant debates in the room on whether to leave or stay, but then this young man stood up and took off his mask. He yelled to the crowd things like, “We can’t afford to back down anymore”, “if we leave now, we are affirming CCTVB’s denunciation of us as ‘rioters'”, “we will be relentlessly hunted down and arrested; once we fall everyone will gloat”, “civil society will regress by 10 years”. He called for people to stay, while others applauded. When protesters reminded him to put his mask back on, he responded, “I took off my mask because there is nothing more to lose”.

But then shortly after this, there was a change of plans. Another young person spoke up, saying that help from prominent figures and lawmakers were vital to the Sunflower Movement, whereas the Hong Kong legislators here wouldn’t help them. “They care about their votes next year so much that there is no way they are going to help us”, “we’re the underdogs here, why should we sacrifice just so that they could capitalize on our moral appeal?” As this went on, another round of discussion kicked off. They had reached a certain level of consensus in the end, such as leaving after reading out the manifesto. But after reading out the manifesto, they drifted back to discussions, being extremely conflicted as to whether they should stay or leave.

The final decision was, 12 am would be the deadline for evacuation, as those at the frontline outside had negotiated with the police. Other than the several young people that insisted to stay, others would leave by then, while the frontline outside would buy them as much time as possible. Those who chose to stay gathered in front of President Podium and waited to be arrested. At that moment, it seemed that the dust had settled. Some of those who were prepared to get arrested took off their masks and were interviewed by the press.

But the discussion didn’t end here. They were still ongoing in the chamber, where someone proposed “If we leave, we leave together”; “we can’t leave them behind for the police”, while some said “I don’t care if this makes you think that I’m a ‘traitor’, but I’m going to say it anyway, why should we wait here to be arrested, why shouldn’t we leave”. Not only one but several young people started crying as they ask “why”.

Meanwhile, there were others coming in from outside LegCo, and there were reports saying that the cops were ready and people should leave. As crowds of protestors left, only those who braced themselves for the police remained.

The turning point came at around 10 minutes before 12am. Everyone thought this is going to be how things end, but all of a sudden, a dozen young people stormed into the chamber, chanting “we leave together, we leave together”. They grabbed those who had chosen to stay and dragged them out. StandNews’ live feed bore witness to this moment, in which one can hear the journalist asking several girls among the squad, “the 12am deadline is looming, aren’t you scared?” And the girls went, “all of us here are scared. But we have to get the four of them out, even if we’re scared because what we are more afraid of is not being able to see them again the next day”.

https://www.facebook.com/ThingsAtHongKong/videos/2147533238677447/

Although LegCo was cleared (only lawmakers and journalists remained), the police still behaved as if they were prepared for confrontation; I could smell the tear gas before I even left the building. Without goggles and face mask, I started coughing as I inhaled the gas. A girl who was retreating passed by and shoved a slice of lemon into my mouth (I didn’t know then that lemon could help one cope with tear gas).

The pan-democrats were present the whole time. When the police were clearing the scene, Roy Kwong was talking to the press in Harcourt Road, pleading the police not to go too far. Alvin Yeung was also in Admiralty Centre, helping to get people into the MTR station and leave. Au Nok Hin was running around with a loudspeaker…and some other pan-democrats were there, too.

The police cleared the scene with extreme restrained manner. They even asked if the journalists would like some water when they were pushed forward.

Above are my observations overnight. Are these young people rioters? Why did they charge? Had they acted wantonly or caused significant damage? You can decide for yourself.

But below is my take on this, which is totally subjective.

They have used force, damaged the building, and broken the law. But they had not caused wanton damage. All the damage they did was an expression of their deep dissatisfaction towards the norms, the establishment, and the regime. Many may say that they should not have done this because there were other alternatives. But to them, this was the last resort. Even if they never stop searching for a new way out, it’s only a matter of time before they could only turn to more perilous means. No one would ever storm into the LegCo Building for fun. People need to stop always accusing them of being incited. If you have ever listened to their discussions once, you’d realize they have really put thought into everything they did. They might be rough and imperfect ideas, but they were not easily manipulated by others either.

Before putting the blame on them, shouldn’t we first ask, why has a city that takes pride in being “civilized” driven a whole generation into the brink of mental collapse? Even deaths? Hope was slowly extinguishing before their eyes. They have done almost everything, from civil disobedience to forceful break-ins, even death for the cause. They have done what we as adults wouldn’t do or wouldn’t dare do.

But the regime stands unmoved and has shown no sign of mercy. It shuts its eyes to all their demands, knowing clearly that its unresponsiveness will only further anger the young people, pushing them towards more radical extremes. So when finally the young stormed into LegCo, and the government decided to issue a condemnation at 4am, to emphasize “the Rule of Law”, manipulate public opinion through mass media, and brand the young as rioters. What kind of regime is this, hiding behind a fig leaf called “the Rule of Law”? It knows that standing by idly and unleashing the police onto the young people will only end up in casualties and hatred on both sides, and yet it chooses to turn a blind eye to all this, using this deepening feud between the two as bargaining chips to prolong its stability. What kind of regime is this that exploits its peers and treats the future of our society like this?

For the young, freedoms, human rights, democracy, the Rule of Law, civil society, all these metaphysical values are, in reality, what they value as everything. Some would mock them, saying that they’ve buried their heads in books to the extent they’ve lost their minds. But please think further; every generation has its own unique pursuit. The last generation sought stable livelihoods and therefore worked frantically to improve their lives. This is a decent pursuit. But this is also exactly why, after the last generation’s hard work, when living conditions have improved tremendously, our children have embarked on the journey to seek ideals more than bread and butter. This is social progress.

Yet, they pursue these ideals in the face of merciless backlash from the last generation. The latter accuse the young of going onto the wrong path, as they fervently wish for the young to copy what they had done in their times to reach success. Isn’t this impending social progress?

On this night I honestly couldn’t see the young “rioting” (of course, the regime has also refrained from recklessly further defining the event). What I saw were simply kids willing to sacrifice themselves for the future of Hong Kong. They risked their careers. They didn’t go on trips or dates even though it’s summer, they chose to come out knowing that they might since then live forever in the shadow of being arrested, for they wish to defend what we as adults had failed to defend well. The means they resorted to might be immature and unrefined, sometimes reckless even…but whatever more mature means there are, they’ve already tried them. And we all bear witness to how effective it’s been.

As a 30-year-old, I am ashamed. We are supposed to protect our children, and yet now we are in their protection. They might be foul-mouthed, not gracious enough at times, and they might get into arguments when they see things they deem unjust. But this is because they really care. They really care about this place.

Lastly, to all the 30, 40, 50-year-old friends out there, before the young takes this city on as their responsibility, it should first be ours. The truth is, the society is largely run by the middle-aged and the elderly (just take a look at the ruling class). Can we promise ourselves? When the day comes that we take over this society, that we will not let it feed on our children any further?

Original: Kris Ching HKCnews.com
Translation: anonymous