毋忘五大訴求 公民抗命有理
—10‧20九龍遊行陳情書
(案件編號:DCCC 535/2020)
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「毋忘初衷,活在愛和真實之中」
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胡法官雅文閣下:
2012年,我第一次站在法庭上承認違反「公安惡法」,述說對普選的盼望,批評公安惡法不義,並因公民抗命的緣故,甘心樂意接受刑罰。當年我說,如果小圈子選舉沒有被廢除,惡法沒有消失,我依然會一如故我,公民抗命,並且我相信將會有更多學生和市民加入這個行列。想不到時至今日,普選仍然遙遙無期,我亦再次被帶到法庭接受審判,但只是短短7年,已經有數十萬計的群眾公民抗命,反對暴政。今日,我承認違反「未經批准的政府」所訂立「未經批准的惡法」之下的「未經批准集結」罪,我不打算尋求法庭的憐憫,但請容許我佔用法庭些微時間陳情,讓法庭在判刑前有全面考慮。
暴力之濫觴
在整個反修例運動如火如荼之際,我正承擔另一宗公民抗命案件的刑責。雖然身在獄中,但仍然心繫手足。我在獄中電視機前見證6月9日、6月16日及8月18日三次百萬港人大遊行,幾多熱愛和平的港人冒天雨冒彈雨走上街頭,抗議不義惡法,今日關於10月20日的案件,亦是如此。可能有人會問,政府已在6月暫緩修例,更在9月正式撤回修例,我等仍然繼續示威,豈非無理取鬧?我相信法官閣下肯定聽過「遲來的正義並非正義」(Justice delayed is justice denied)這句格言。當過百萬群眾走上街頭,和平表達不滿的時候,林鄭政府沒有理睬,反而獨行獨斷,粗暴踐踏港人的意願,結果製造出後來連綿不絕的爭拗,甚至你死我活的對抗。經歷眾多衝突痛苦之後,所謂暫緩撤回,已經微不足道,我們只是更加清楚:沒有民主,就連基本人權都不會擁有!
在本案之中,雖然我們都沒有鼓動或作出暴力行為,但根據早前8‧18及10‧1兩宗案件,相信在控方及法庭眼中,案發當日的暴力事件仍然可以算在我們頭上,如此,我有必要問:如果香港有一個公平正義的普及選舉,人民可以在立法會直接否決他們不認可的法律,試問2019年的暴力衝突可以從何而來呢?如果我們眼見的暴力是如此十惡不赦,那麼我們又如何看待百萬人遊行後仍然堅持推行惡法的制度暴力呢?如果我們不能接受人民暴力反抗,那麼我們是否更加不能對更巨大更壓逼的制度暴力沈默不言?真正且經常發生的暴力,是漠視人民訴求的暴力,是踐踏人民意見的暴力,是剝奪人民表達權利的暴力。真正憎恨暴力,痛恨暴力的人,不可能一方面指摘暴力反抗,又容忍制度暴力。如果我需要承擔和平遊行引發出來的暴力事件的刑責,那麼誰應該承擔施政失敗所引發出來的社會騷亂的罪責呢?
社會之病根
對於法庭而言,可能2019年所發生的事情只是一場社會騷亂,務必追究違法者個人責任。然而,治亂治其本源,醫病醫其病根,我雖然公民抗命,刻意違法,控方把我帶上法庭,但我卻不應被理解為一個「犯罪個體」。2019年所發生的事情,並不是我一個人或我們這幾位被告可以促成,社會問題的癥結不是「犯罪份子」本身,而是「犯罪原因」。我明白「治亂世用重典」的道理,但如果「殺雞儆猴」是解決方法,就不會在2016年發生旺角騷亂及2017年上訴庭對示威者施以重刑後,2019年仍然會爆發出更大規模的暴力反抗。
如果不希望社會動亂,就必須正本清源,逐步落實「五大訴求」,從根本上改革,挽回民心。2019年反修例運動,其實只是2014年雨傘運動的延續而已,縱使法庭可能認為兩個運動皆是「一股歪風」所引起,但我必須澄清,兩個運動的核心就是追求民主普選,人民當家作主。在2019年11月24日區議會選舉這個最類近全民普選的選舉中,接近300萬人投票,民主派大勝,奪得17個區議會主導權,這就是整個反修例運動的民意,民意就是反對政府決策,反對制度暴力,反對推行惡法,不容爭辯,不辯自明。我們作為礦場裡的金絲雀,多次提醒政府撤回修法,並從根本上改革制度,而在10月20日的九龍遊行當然是反映民意的平台契機。如今,法庭對我們施加重刑,其實只不過是懲罰民意,將金絲雀困在鳥籠之內,甚至扼殺於鼓掌之中,窒礙表達自由。
堅持之重要
大運動過後的大鎮壓,使我們失去《蘋果日報》,失去教協,失去民陣,不少民主派領袖以及曾為運動付出的手足戰友都囚於獄中,不少曾經熱情投入運動的朋友亦因《國安法》的威脅轉為低調,新聞自由示威自由日漸萎縮,公民社會受到沈重打擊,我亦失去不少摯友,有感傷孤獨的時候,但我仍然相信,2019年香港人的信念,以及所展現人類的光輝持久未變。我不會忘記百萬人民冒雨捱熱抗拒暴政,抵制惡法,展現我們眾志成城;我不會忘記人潮紅海,讓道救護車,展現我們文明精神;我不會忘記年青志士直接行動反對苛政,捨身成仁,展現我們膽色勇氣;我不會忘記銀髮一族走上街頭保護年青人,展現我們彼此關懷;我不會忘記「五大訴求」,不會忘記2019年區議會選舉,展現我們有理有節。
法官閣下,我對於當日的所作所為,不感羞恥,毫無悔意。我能夠在出獄後與群眾同行一路,與戰友同繫一獄,實是莫大榮幸。若法治失去民主基石,將使法庭無奈地接受專制政權所訂立解釋的法律限制,隨時變成政治工具掃除異見,因此爭取民主普選,建設真正法治,追求公平正義,仍然是我的理想。在這條路上,如有必要,我仍然會公民抗命,正如終審法院海外非常任法官賀輔明(Lord Hoffmann)所言,發自良知的公民抗命有悠久及光榮的傳統,歷史將證明我們是正確的。我期望,曾與我一起遊行抗命的手足戰友要堅持信念,在艱難歲月裡毋忘初衷,活在愛和真實之中。
最後,如9年前一樣,我想借用美國民權領袖馬丁路德金牧師的一番話對我們的反對者說:「我們將以自己忍受苦難的能力,來較量你們製造苦難的能力。我們將用我們靈魂的力量,來抵禦你們物質的暴力。對我們做你們想做的事吧,我們仍然愛你們。我們不能憑良心服從你們不公正的法律,因為拒惡與為善一樣是道德責任。將我們送入監獄吧,我們仍然愛你們。」(We shall match your capacity to inflict suffering by our capacity to endure suffering. We shall meet your physical force with soul force. Do to us what you will, and we shall continue to love you. We cannot in all good conscience obey your unjust laws because noncooperation with evil is as much a moral obligation as is cooperation with good. Throw us in jail and we shall still love you.)
願慈愛的主耶穌賜我們平安,與我和我一家同在,與法官閣下同在,與香港人同在。沒有暴徒,只有暴政;五大訴求,缺一不可!願榮耀歸上帝,榮光歸人民!
第五被告
黃浩銘
二零二一年八月十九日
Lest we forget the five demands: civil disobedience is morally justified
- Statement on 10‧20 Kowloon Rally
(Case No.: DCCC 535/2020)
Your Honour Judge Woodcock
In 2012, I stood before the court and admitted to violating the "Public Security Evil Law". I expressed my hope for universal suffrage, criticized the evil law as unjust, and willingly accepted the penalty for civil disobedience. Back then, I said that if the small-circle election had not been abolished and the draconian law had not disappeared, I would still be as determined as I was, and I believe that more students and citizens would join this movement. Today, universal suffrage is still a long way off, and I have been brought before the court again for trial. But in just seven years, hundreds of thousands of people have already risen up in civil disobedience against tyranny. Today, I plead guilty to "unauthorised assembly" under an unapproved evil law enacted by an unauthorised government. I do not intend to seek the court's mercy, but please allow me to take up a little time in court to present my case so that the court can consider all aspects before sentencing me.
The roots of violence
At the time when the whole anti-extradition law movement was in full-swing, I was taking responsibility for another civil disobedience case. Although I was in prison, my heart was still with the people. I witnessed the three million-person rallies on 9 June, 16 June and 18 August on television in prison, when many peace-loving people took to the streets despite the rain and bullets, to protest against unjust laws. Some people may ask, "The Government has already suspended the legislative amendments in June and formally withdrew the bill in September, but we are still demonstrating, are we not being unreasonable?" I am sure your Honour has heard of the adage "Justice delayed is justice denied". When more than a million people took to the streets to express their discontent peacefully, the Lam administration ignored them and instead acted arbitrarily, brutally trampling on the wishes of the people of Hong Kong, resulting in endless arguments and even confrontations. After so many conflicts and painful experiences, the so-called moratorium is no longer meaningful. We only know better: without democracy, we cannot even have basic human rights!
In this case, although we did not instigate or commit acts of violence, I believe that in the eyes of the prosecution and the court, the violence on the day of the incident can still be counted against us, based on the August 18 and October 1 case. And now I must ask - If Hong Kong had a fair and just universal election, and the public could directly veto laws they did not approve of at the Legislative Council, then how could the violent clashes of 2019 have come about? If the violence we see is so heinous, how do we feel about the institutional violence that insists on the imposition of draconian laws even after millions of people have taken to the streets? If we cannot accept violent rebellion, how can we remain silent in the face of even greater and more oppressive institutional violence? The true and frequent violence is the kind of violence that ignores people's demands, that tramples on their opinions, that deprives them of their right to express themselves. People who truly hate violence and abhor it cannot accuse violent resistance on the one hand and tolerate institutional violence on the other. If I have to bear the criminal responsibility for the violence caused by the peaceful demonstration, then who should bear the criminal responsibility for the social unrest caused by failed administration?
The roots of society's problems
From a court's point of view, it may be that what happened in 2019 was just a series of social unrest, and that those who broke the law must be held personally accountable. What happened in 2019 was not something that I alone or the defendants could have made possible, and the crux of the social problem was not the 'criminals' but the 'causes of crime'. I understand the concept of " applying severe punishment to a troubled world", but if "decimation" was really the solution, there would not have been more violent rebellions in 2019 after the Mongkok "riot" in 2016 and the heavy sentences handed down to protesters by the Court of Appeal in 2017.
If we do not want social unrest, we must get to the root of the problem and implement the "five demands" step by step, so as to achieve fundamental reforms and win back the hearts of the people. 2019's anti-revision movement is indeed a continuation of 2014's Umbrella Movement, and even though the court may think that both movements are caused by a "perverse wind", I must clarify that the core of both movements is the pursuit of democracy and universal suffrage, and the people being the masters of their own house. In the District Council election on 24 November 2019, which is the closest thing to universal suffrage, nearly 3 million people voted, and the democratic camp won a huge victory, winning majority in 17 District Councils. As canaries in the monetary coal mine, we have repeatedly reminded the government to withdraw the extradition bill and fundamentally reform the system, and the march in Kowloon on 20 October was certainly an opportunity to reflect public opinion. Now, by imposing heavy penalties on us, the court is only punishing public opinion, trapping the canaries in a birdcage, or even stifling them in the palm of their hands, suffocating the freedom of expression.
The importance of persistence
As a result of the crackdown after the mass movement, we lost Apple Daily, the Hong Kong Professional Teachers' Union, and the Civil Human Rights Front. Many of our democratic leaders and comrades who had contributed to the movement were imprisoned, and many of our friends who had been passionately involved in the movement had been forced to lay low under the threat of the National Security Law. I still believe that the faith of Hong Kong people and the glory of humanity seen in 2019 will remain unchanged. I will never forget the millions of people who braved the rain and the heat to resist tyranny and evil laws, demonstrating our unity of purpose; I will never forget the crowds of people who gave way to ambulances, demonstrating our civility; I will never forget the young people who sacrificed their lives, demonstrating our courage and bravery; I will never forget the silver-haired who took to the streets to protect the youth, demonstrating our care for each other; I will never forget the "five demands" and the 2019 District Council election, demonstrating our rationality and decency.
Your Honour, I have nothing to be ashamed of and no remorse for what I did on that day. It is my great honour to be in prison with my comrades and to be able to walk with the public after my release. If the rule of law were to lose its democratic foundation, the courts would have no choice but to accept the legal restrictions set by the autocratic regime and become a political tool to eliminate dissent at any time. As Lord Hoffmann, a non-permanent overseas judge of the Court of Final Appeal, said, civil disobedience from the conscience has a long and honourable tradition, and history will prove us right. I hope that my comrades in arms who walked with me in protests will keep their faith and live in love and truth in the midst of this difficult time.
Finally, as I did nine years ago, I would like to say something to those who oppose us, borrowing the words of American civil rights leader Reverend Martin Luther King: "We shall match your capacity to inflict suffering by our capacity to endure suffering. We shall meet your physical force with soul force. Do to us what you will, and we shall continue to love you. We cannot in all good conscience obey your unjust laws because noncooperation with evil is as much a moral obligation as is cooperation with good. Throw us in jail and we shall still love you."
Peace be with me and my family, with Your Honour, and with the people of Hong Kong. There are no thugs, only tyranny; five demands, not one less! To god be the glory and to people be the glory!
The Fifth Defendant
Wong Ho Ming
19 August 2021
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#Opinion by Tsang Kin-shing 曾健成|"On the contrary, under the lead of the SAR government, the Home Affairs Department, District Offices and District Council Secretariats show neither sincerity nor humility to work with elected members. They even go against public opinion and use administrative measures to interfere with the work of elected members despicably at meetings, big and small. Their treacherous actions are in effect a full-fledged non-cooperation movement against the public."
Read more: https://bit.ly/3mZbmUh
"反之以特區政府為首的民政事務總署、各區民政事務處及轄下的區議會秘書處,不但沒有虛心與民選議員衷誠合作,更是忤逆民意,於大小會議及以行政手段卑劣干預議員反映民意及有關工作,此等鬼蜮行為猶如實行對市民的「全面不合作運動」。"
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non cooperation movement 在 堅離地城:沈旭暉國際生活台 Simon's Glos World Facebook 的精選貼文
🇩🇰 這是一篇深度報導,來自歐洲現存最古老的報紙:丹麥Weekendavisen,題目是從香港抗爭運動、香港聯繫加泰羅尼亞的集會,前瞻全球大城市的「永久革命」。一篇報導訪問了世界各地大量學者,我也在其中,雖然只是每人一句,加在一起,卻有了很完整的圖像。
以下為英譯:
Protest! The demonstrations in Hong Kong were just the beginning. Now there are unrest in big cities from Baghdad to Barcelona. Perhaps the stage is set for something that could look like a permanent revolution in the world's big cities.
A world on the barricades
At the end of October, an hour after dark, a group of young protesters gathered at the Chater Garden Park in Hong Kong. Some of them wore large red and yellow flags. The talk began and the applause filled the warm evening air. There were slogans of independence, and demands of self-determination - from Spain. For the protest was in sympathy with the Catalan independence movement.
At the same time, a group of Catalan protesters staged a protest in front of the Chinese Consulate in Barcelona in favor of Hong Kong's hope for more democracy. The message was not to be mistaken: We are in the same boat. Or, as Joshua Wong, one of the leading members of the Hong Kong protest movement, told the Catalan news agency: "The people of Hong Kong and Catalonia both deserve the right to decide their own destiny."
For much of 2019, Hong Kong's streets have been ravaged by fierce protests and a growing desperation on both sides, with escalating violence and vandalism ensuing. But what, do observers ask, if Hong Kong is not just a Chinese crisis, but a warning of anger that is about to break out globally?
Each week brings new turmoil from an unexpected edge. In recent days, attention has focused on Chile. Here, more than 20 people have lost their lives in unrest, which has mainly been about unequal distribution of economic goods. Before then, the unrest has hit places as diverse as Lebanon and the Czech Republic, Bolivia and Algeria, Russia and Sudan.
With such a geographical spread, it is difficult to bring the protests to any sort of common denominator, but they all reflect a form of powerlessness so acute that traditional ways of speaking do not seem adequate.
Hardy Merriman, head of research at the International Center for Nonviolent Conflict in Washington, is not in doubt that it is a real wave of protest and that we have not seen the ending yet.
"I have been researching non-violent resistance for 17 years, and to me it is obvious that there are far more popular protest movements now than before. Often the protests have roots in the way political systems work. Elsewhere, it is about welfare and economic inequality or both. The two sets of factors are often related, ”he says.
Economic powerlessness
Hong Kong is a good example of this. The desire among the majority of Hong Kong's seven million residents to maintain an independent political identity vis-à-vis the People's Republic of China is well known, but the resentment of the streets is also fueled by a sense of economic powerlessness. Hong Kong is one of the most unequal communities in the world, and especially the uneven access to the real estate market is causing a stir.
According to Lee Chun-wing, a sociologist at Hong Kong Polytechnic University, the turmoil in the city is not just facing Beijing, but also expressing a daunting showdown with the neoliberal economy, which should diminish the state's role and give the market more influence, but in its real form often ends with the brutal arbitrariness of jungle law.
'The many protests show that neoliberalism is unable to instill hope in many. And as one of the world's most neoliberal cities, Hong Kong is no exception. While the protests here are, of course, primarily political, there is no doubt that social polarization and economic inequality make many young people not afraid to participate in more radical protests and do not care whether they are accused of damage economic growth, 'he says.
The turmoil is now so extensive that it can no longer be dismissed as a coincidence. Something special and significant is happening. As UN Secretary General António Guterres put it last week, it would be wrong to stare blindly at the superficial differences between the factors that get people on the streets.
“There are also common features that are recurring across the continents and should force us to reflect and respond. It is clear that there is growing distrust between the people and the political elites and growing threats to the social contract. The world is struggling with the negative consequences of globalization and the new technologies that have led to growing inequality in individual societies, "he told reporters in New York.
Triggered by trifles
In many cases, the riots have been triggered by questions that may appear almost trivial on the surface. In Chile, there was an increase in the price of the capital's subway equivalent to 30 Danish cents, while in Lebanon there were reports of a tax on certain services on the Internet. In both places, it was just the reason why the people have been able to express a far more fundamental dissatisfaction.
In a broad sense, there are two situations where a population is rebelling, says Paul Almeida, who teaches sociology at the University of California, Merced. The first is when more opportunities suddenly open up and conditions get better. People are getting hungry for more and trying to pressure their politicians to give even more concessions.
“But then there is also the mobilization that takes place when people get worse. That seems to be the overall theme of the current protests, even in Hong Kong. People are concerned about various kinds of threats they face. It may be the threat of inferior economic conditions, or it may be a more political threat of erosion of rights. But the question is why it is happening right now. That's the 10,000-kroner issue, ”says Almeida.
Almeida, who has just published the book Social Movements: The Structure of Social Mobilization, even gives a possible answer. A growing authoritarian, anti-democratic flow has spread across the continents and united rulers in all countries, and among others it is the one that has now triggered a reaction in the peoples.
“There is a tendency for more use of force by the state power. If we look at the death toll in Latin America, they are high considering that the countries are democracies. This kind of violence is not usually expected in democratic regimes in connection with protests. It is an interesting trend and may be related to the authoritarian flow that is underway worldwide. It's worth watching, 'he says.
The authoritarian wave
Politologists Anna Lürhmann and Staffan Lindberg from the University of Gothenburg describe in a paper published earlier this year a "third autocratic wave." Unlike previous waves, for example, in the years before World War II, when democracy was beaten under great external drama , the new wave is characterized by creeping. It happens little by little - in countries like Turkey, Nicaragua, Venezuela, Hungary and Russia - at such a slow pace that you barely notice it.
Even old-fashioned autocrats nowadays understand the language of democracy - the only acceptable lingua franca in politics - and so the popular reaction does not happen very often when it becomes clear at once that the electoral process itself is not sufficient to secure democratic conditions. Against this backdrop, Kenneth Chan, a politician at Hong Kong Baptist University, sees the recent worldwide wave of unrest as an expression of the legitimacy crisis of the democratic regimes.
“People have become more likely to take the initiative and take part in direct actions because they feel that they have not made the changes they had hoped for through the elections. In fact, the leaders elected by the peoples are perceived as undermining the institutional guarantees of citizens' security, freedom, welfare and rights. As a result, over the past decade, we have seen more democracies reduced to semi-democracies, hybrid regimes and authoritarian regimes, ”he says.
"Therefore, we should also not be surprised by the new wave of resistance from the people. On the surface, the spark may be a relatively innocent or inconsiderate decision by the leadership, but people's anger quickly turns to what they see as the cause of the democratic deroute, that is, an arrogant and selfish leadership, a weakened democratic control, a dysfunctional civil society. who are no longer able to speak on behalf of the people. ”The world is changing. Anthony Ince, a cardiff at Cardiff University who has researched urban urban unrest, sees the uprisings as the culmination of long-term nagging discontent and an almost revolutionary situation where new can arise.
"The wider context is that the dominant world order - the global neoliberalism that has dominated since the 1980s - is under pressure from a number of sides, creating both uncertainty and at the same time the possibility of change. People may feel that we are in a period of uncertainty, confusion, anxiety, but perhaps also hope, ”he says.
Learning from each other.
Apart from mutual assurances of solidarity the protest movements in between, there does not appear to be any kind of coordination. But it may not be necessary either. In a time of social media, learning from each other's practices is easy, says Simon Shen, a University of Hong Kong political scientist.
“They learn from each other at the tactical level. Protesters in Hong Kong have seen what happened in Ukraine through YouTube, and now protesters in Catalonia and Lebanon are taking lessons from Hong Kong. It's reminiscent of 1968, when baby boomers around the globe were inspired by an alternative ideology to break down rigid hierarchies, 'he says.
But just as the protest movements can learn from each other, the same goes for their opponents. According to Harvard political scientist Erica Chenoweth, Russia has been particularly active in trying to establish cooperation with other authoritarian regimes, which feel threatened by riots in the style of the "color revolutions" on the periphery of the old Soviet empire at the turn of the century.
"It has resulted in joint efforts between Russian, Chinese, Iranian, Venezuelan, Belarusian, Syrian and other national authorities to develop, systematize and report on techniques and practices that have proved useful in trying to contain such threats," writes Chenoweth in an article in the journal Global Responsibility to Protect.
Max Fisher and Amanda Taub, commentators at the New York Times, point to the social media as a double-edged sword. Not only are Twitter and Facebook powerful weapons in the hands of tech-savvy autocrats. They are also of questionable value to the protesting grass roots. With WhatsApp and other new technologies, it is possible to mobilize large numbers of interested and almost-interested participants in collective action. But they quickly fall apart again.
The volatile affiliation is one of the reasons why, according to a recent survey, politically motivated protests today only succeed in reaching their targets in 30 percent of cases. A generation ago, the success rate was 70 percent. Therefore, unrest often recurs every few years, and they last longer, as Hong Kong is an example of. Perhaps the scene is set for something that might resemble a permanent revolution in the world's big cities - a kind of background noise that other residents will eventually just get used to.
"Since there is still no obvious alternative to neoliberalism, the polarization that led to the protests initially will probably continue to apply," says Lee of Hong Kong Polytechnic University. "At the same time, this means that the anger and frustration will continue to rumble in society."
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