Nine Occupy protesters facing rarely sought charges, Hong Kong legal experts say

Public nuisance offences described as ‘not at all common’

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Benny Tai (centre) flanked by fellow accused Occupy protesters outside Hong Kong police headquarters on Monday. Photo: K. Y. Cheng

Published: 9:18pm, 28 Mar 2017Updated: 10:14pm, 28 Mar 2017

The charges faced by nine Occupy leaders and protesters due in court tomorrow are rarely sought offences requiring prosecutors to prove the accused obstructed the public in exercising their rights, legal experts said.

Three Occupy Central founders – academics Benny Tai Yiu-ting and Dr Chan Kin-man, and the Reverend Chu Yiu-ming – were arrested on Monday, each facing one count of conspiracy to cause public nuisance, inciting others to cause public nuisance, and inciting people to incite others to cause public nuisance.

Lawmakers Tanya Chan and Shiu Ka-chun as well as former student leaders Tommy Cheung Sau-yin and Eason Chung Yiu-wah each face the two incitement charges, as does League of Social Democrats vice-chairman Raphael Wong Ho-ming.

Former lawmaker Lee Wing-tat faces one charge of inciting others to cause public nuisance. Each charge carries a maximum sentence of seven years in jail.

The nine are expected to appear at Eastern Court on Thursday. The case is to be transferred to the District Court.

University of Hong Kong principal law lecturer Eric Cheung Tat-ming said public nuisance offences descend from common law and were seldom sought.