關於 what is civil disobedience ，我們在網路上蒐集到這些相關的討論、資訊與評價

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

Barak Obama's statement on killing of George Floyd.

As millions of people across the country take to the streets and raise their voices in response to the killing of George Floyd and the ongoing problem of unequal justice, many people have reached out asking how we can sustain momentum to bring about real change.

Ultimately, it’s going to be up to a new generation of activists to shape strategies that best fit the times. But I believe there are some basic lessons to draw from past efforts that are worth remembering.

First, the waves of protests across the country represent a genuine and legitimate frustration over a decades-long failure to reform police practices and the broader criminal justice system in the United States. The overwhelming majority of participants have been peaceful, courageous, responsible, and inspiring. They deserve our respect and support, not condemnation — something that police in cities like Camden and Flint have commendably understood.
On the other hand, the small minority of folks who’ve resorted to violence in various forms, whether out of genuine anger or mere opportunism, are putting innocent people at risk, compounding the destruction of neighborhoods that are often already short on services and investment and detracting from the larger cause. I saw an elderly black woman being interviewed today in tears because the only grocery store in her neighborhood had been trashed. If history is any guide, that store may take years to come back. So let’s not excuse violence, or rationalize it, or participate in it. If we want our criminal justice system, and American society at large, to operate on a higher ethical code, then we have to model that code ourselves.

Second, I’ve heard some suggest that the recurrent problem of racial bias in our criminal justice system proves that only protests and direct action can bring about change, and that voting and participation in electoral politics is a waste of time. I couldn’t disagree more. The point of protest is to raise public awareness, to put a spotlight on injustice, and to make the powers that be uncomfortable; in fact, throughout American history, it’s often only been in response to protests and civil disobedience that the political system has even paid attention to marginalized communities. But eventually, aspirations have to be translated into specific laws and institutional practices — and in a democracy, that only happens when we elect government officials who are responsive to our demands.
Moreover, it’s important for us to understand which levels of government have the biggest impact on our criminal justice system and police practices. When we think about politics, a lot of us focus only on the presidency and the federal government. And yes, we should be fighting to make sure that we have a president, a Congress, a U.S. Justice Department, and a federal judiciary that actually recognize the ongoing, corrosive role that racism plays in our society and want to do something about it. But the elected officials who matter most in reforming police departments and the criminal justice system work at the state and local levels.
It’s mayors and county executives that appoint most police chiefs and negotiate collective bargaining agreements with police unions. It’s district attorneys and state’s attorneys that decide whether or not to investigate and ultimately charge those involved in police misconduct. Those are all elected positions. In some places, police review boards with the power to monitor police conduct are elected as well. Unfortunately, voter turnout in these local races is usually pitifully low, especially among young people — which makes no sense given the direct impact these offices have on social justice issues, not to mention the fact that who wins and who loses those seats is often determined by just a few thousand, or even a few hundred, votes.

So the bottom line is this: if we want to bring about real change, then the choice isn’t between protest and politics. We have to do both. We have to mobilize to raise awareness, and we have to organize and cast our ballots to make sure that we elect candidates who will act on reform.
Finally, the more specific we can make demands for criminal justice and police reform, the harder it will be for elected officials to just offer lip service to the cause and then fall back into business as usual once protests have gone away. The content of that reform agenda will be different for various communities. A big city may need one set of reforms; a rural community may need another. Some agencies will require wholesale rehabilitation; others should make minor improvements. Every law enforcement agency should have clear policies, including an independent body that conducts investigations of alleged misconduct. Tailoring reforms for each community will require local activists and organizations to do their research and educate fellow citizens in their community on what strategies work best.

But as a starting point, here’s a report and toolkit developed by the Leadership Conference on Civil and Human Rights and based on the work of the Task Force on 21st Century Policing that I formed when I was in the White House. And if you’re interested in taking concrete action, we’ve also created a dedicated site at the Obama Foundation to aggregate and direct you to useful resources and organizations who’ve been fighting the good fight at the local and national levels for years.

I recognize that these past few months have been hard and dispiriting — that the fear, sorrow, uncertainty, and hardship of a pandemic have been compounded by tragic reminders that prejudice and inequality still shape so much of American life. But watching the heightened activism of young people in recent weeks, of every race and every station, makes me hopeful. If, going forward, we can channel our justifiable anger into peaceful, sustained, and effective action, then this moment can be a real turning point in our nation’s long journey to live up to our highest ideals.

Let’s get to work.

https://medium.com/@BarackObama/how-to-make-this-moment-the-turning-point-for-real-change-9fa209806067

黃浩銘：

//法官閣下，我能夠參與雨傘運動，爭取民主，實是毫無悔意，畢生榮幸。我已花了最青春的10年在社會運動上，假若我有80歲，我仍有50年可以與港人同行，繼續奮鬥。要是法官不信，且即管以刑罰來考驗我的意志，試煉我的決心，希望我的戰友們在我囚禁的時候，可以激發愛心，勉勵行善，更加有勇氣和力量作個真誠的人對抗謊言治國的中共政權。

　　「希望在於人民，改變始於抗爭」，唯有透過群眾力量，直接行動，才能改變社會。8年前如是，今日亦如是。但願港人堅定不移，爭取民主，打倒特權，彰顯公義。自由萬歲！民主社會主義萬歲！願公義和慈愛的　主耶穌基督與我同在，與法官先生同在，與香港人同在！//

希望在於人民　改變始於抗爭
—雨傘運動公眾妨擾案陳情書

陳法官仲衡閣下：

　　自2011年你審理只有23歲的我，追問時任特首曾蔭權知否米貴涉擾亂公眾秩序的案件距今已有8年。在命運的安排下，我再次站在你面前，只是當你讀到這封陳情書的時候，我已經不是當年被你宣判無罪釋放的年青人，而是一個準備迎接第三次入獄的積犯。然而，今天我不是尋求你的憐憫，而是希望道明我參與雨傘運動，公民抗命的緣由，讓法官閣下可以從我的動機及行為來給予合理判刑。

　　8年以來，我們的崗位稍有轉變，但香港的變化更大，充滿爭議的各個大白象基建均已落成，更多旅客走訪社區，似是一片繁華景象，但同時，更多窮人住在劏房，更多群眾走上街頭，亦有更多我們愛惜的年青人進入監牢。從前我們認為香港不會發生的事，都一一在這8年間發生了。當我8年前站在你面前那一刻，我們都不會想像得到香港人可被挾持返大陸，亦想像不到原來有一天大陸的執法人員可在香港某地方正當執法，更想像不到中共政府除了透過人大釋法外，還可藉著「一言九鼎」的人大決定，甚至中央公函來決定香港人的前途命運和收緊憲制權利。

爭取民主的本意

　　民主只是口號嗎？當年，我痛罵無視100萬窮人及30萬貧窮長者利益，卻慶祝不知辛亥革命本意的前行政長官曾蔭權，並要求設立全民退休保障，廢除強積金，因此首次被捕被控。但時至今日，香港仍然有過百萬貧窮人口，超過30萬貧窮長者，貧富懸殊及房屋短缺的問題愈加嚴重。2014年，我見過一位75歲的伯伯跪在立法會公聽會向時任勞工及福利局局長張建宗下跪，懇求政府不要拆遷古洞石仔嶺安老院。2019年，我又見到一位67歲執紙皮維生的婆婆在立法會公聽會哭訴難以找工作，現任勞工及福利局局長羅致光竟然叫她找勞工處。為何官員如此冷酷無情？為何我們的意見均未能影響政府施政？歸根結柢，就是因為香港人沒有真正的選擇，喪失本來應有制訂政策及監督的權力！

　　所謂民主，就是人民當家作主。任何施政，應當由人民倡議監督，公義分配，改善公共服務，使得貧者脫貧，富者節約。今日香港，顧全大陸，官商勾結，貧富懸殊，耗資千億的大白象跨境基建接踵而來，但當遇見護士猝死，教師自殺，老人下跪，政府政策就只有小修小補，小恩小惠，試問如何服眾？由1966年蘇守忠、盧麒公民抗命反對天星小輪加價，乃至1967年暴動及1989年中國愛國民主運動，甚至2003年反廿三條大遊行，無不是因政權專政，政策傾斜，分配不公，引致大規模民眾反抗。2014年雨傘運動的起點，亦是如此。

　　多年來，港人爭取民主，為求有公義分配，有尊嚴生活，有自主空間，但我們得到的是甚麼？1984年，中英兩國簽署《聯合聲明》前夕，前中共總書記趙紫陽曾回覆香港大學學生會要求「民主治港，普選特首」的訴求，清楚承諾「你們所說的『民主治港』是理所當然的」。當時，不少港人信以為真，誤以為回歸之後可得民主，但自1989年六四血腥鎮壓及2003年50萬人反對《廿三條》立法大遊行後，中共圖窮匕現，在2004年透過人大釋法收緊政制改革程序，並粗暴地決定2007及2008不會普選行政長官及立法會。自此，完全不民主的中國立法機關－全國人民代表大會常務委員會掌控香港人的命運福祉，人大釋法及人大決定可以隨時隨地配合極權政府的主張，命令香港法庭跟從，打壓香港的民主和法治。

　　2014年8月31日，是歷史的轉捩點。儘管多少溫和學者苦苦規勸，中共仍以6月的＜一國兩制白皮書＞為基礎，展示全面管治權的氣派，包括法官閣下在內，都要屈從愛國之說。在《8‧31人大決定》之後，中共完全暴露其假民主假普選的面目，其時，我們認為對抗方法就只有公民抗命。

公民抗命的起點

　　違法就是罪惡嗎？我們違法，稱之為「公民抗命」，就是公民憑良心為公眾利益，以非暴力形式不服從法律命令，以求改變不義制度或法律。終審法院非常任法官賀輔明（Leonard Hoffmann）勳爵曾在英國著名案例 R v Jones (Margaret) [2007] 1 AC 136 案提出：「發自良知的公民抗命，有着悠久及光榮的傳統。那些因着信念認為法律及政府行為是不義而違法的人，歷史很多時候都證明他們是正確的……能包容這種抗爭或示威，是文明社會的印記。」

　　終審法院在最近的公民廣場案（Secretary for Justice v Wong Chi Fung (2018) 21 HKCFAR 35）亦道明「公民抗命」的概念可獲肯定（該案判詞第70至72段）。因此，亦印證我等9人及其他公民抗命者並非可以一般「違法犯事」來解釋及施刑。港人以一般遊行示威爭取民主30年，無論從殖民年代乃至特區年代，皆無顯著改進，今日以更進步主張，公民抗命爭取民主，正如印度、南非、波蘭等對抗強權，實在無可厚非。誠然，堵塞主要幹道，影響民眾上班下課，實非我所願，但回想過來，中共及特區政府多年來豈不更堵塞香港民主之路，妨擾公眾獲得真正的發聲機會？

　　如果我是公民抗命，又何以不認罪承擔刑責？2014年12月，警方以成文法「出席未經批准集結」及「煽動參與未經批准集結」在村口將我逮捕。2017年3月，警方改以普通法「煽惑他人作出公眾妨擾」及「煽惑他人煽惑公眾妨擾」提控。正如戴耀廷先生在其結案陳詞引述英國劍橋大學法學教授 John R. Spencer 提及以普通法提訴的問題：「近年差不多所有以『公眾妨擾罪』來起訴的案件，都出現以下兩種情況的其中一個：一、當被告人的行為是觸犯了成文法律，通常懲罰是輕微的，檢控官想要以一支更大或額外的棒子去打他；二、當被告人的行為看來是明顯完全不涉及刑事責任的，檢控官找不到其他罪名可控訴他」，無獨有偶，前終審法院常任法官鄧楨在其2018年退休致詞提及：「普通法同樣可被用作欺壓的工具。它是一種變化多端的權力，除非妥善地運用人權法加以適當控制，否則可被不當使用。」如今看來，所言非虛。

　　今我遭控二罪，必定據理力爭，冀借助法官閣下明智判決推翻檢控不義，但法庭定讞，我自當承擔刑責，絕無怨言，以成全公民抗命之道。

試問誰還未覺醒

　　我是刻意求刑標榜自己，讓年青人跟從走進監獄大門嗎？我反覆推敲這個問題。然而，我的答案是，正正是希望後輩不用像我此般走進牢獄，我更要無懼怕地爭取人們所當得的。縱使今日面對強權，惡法將至，烏雲密佈，我依然一如既往，毋忘初衷地認為真普選才是港人獲得真正自由之路。任何一個聲稱為下一代福祉者，理應為後輩爭取自由平等的選擇權利，讓他們能自立成長，辨明是非，而非家長式管控思想，讓下一代淪為生財工具，朝廷鷹犬。

　　主耶穌基督說：「我確確實實地告訴你們：一粒麥子如果不落在地裡死去，它仍然是一粒；如果死了，就結出很多子粒來。（《約翰福音》第12章24節）」沒有犧牲，沒有收穫。故然，我不希望年青人跟我一樣要踏上公民抗命之路，承受牢獄之苦，但我請教所有智慧之士，既然舉牌示威遊行均已無顯其效，公民抗命和平抗爭為何不是能令政權受壓求變之策？若非偌大群眾運動，梁振英豈不仍安坐其位？

　　刑罰於我而言，無情可求，唯一我心中所想，就是希望法庭能顧念75歲的朱耀明牧師年事已高，望以非監禁方式處之，讓港人瞥見法庭對良心公民抗命者寬容一面。美國法哲學家羅納德‧德沃金（Ronald Dworkin）在1968年論及公民抗命時（On Not Prosecuting Civil Disobedience），不但認為法庭應給予公民抗命者寬鬆刑罰，甚至應不予起訴。事實上，終審法院非常任法官賀輔明在2014年12月4日，即雨傘運動尾聲（已發生大規模堵路多日），佔中三子自首之後一日，接受《蘋果日報》及《南華早報》訪問時提到「抗爭者及掌權者均未有逾越公民抗命的『遊戲規則』，抗爭活動並沒有損害香港法治」，更進一步提到「一旦他們被判有罪，應該從輕發落，認為這是傳統，因為自首的公民不是邪惡的人」，由此，我期盼法庭將有人道的判刑。

　　法官閣下，我能夠參與雨傘運動，爭取民主，實是毫無悔意，畢生榮幸。我已花了最青春的10年在社會運動上，假若我有80歲，我仍有50年可以與港人同行，繼續奮鬥。要是法官不信，且即管以刑罰來考驗我的意志，試煉我的決心，希望我的戰友們在我囚禁的時候，可以激發愛心，勉勵行善，更加有勇氣和力量作個真誠的人對抗謊言治國的中共政權。

　　「希望在於人民，改變始於抗爭」，唯有透過群眾力量，直接行動，才能改變社會。8年前如是，今日亦如是。但願港人堅定不移，爭取民主，打倒特權，彰顯公義。自由萬歲！民主社會主義萬歲！

　　願公義和慈愛的　主耶穌基督與我同在，與法官先生同在，與香港人同在！

社會民主連線副主席、雨傘運動案第八被告
黃浩銘
二零一九年四月九日

Hope lies in the people
Changes come from resistance
- Umbrella Movement Public Nuisance Case Statement

Your Honour Judge Johnny Chan,

It has been 8 years since I have met you in court. You were the judge to my case on disorder in public places. It was in 2011 and I was only 23 years old. I chased after the then Chief Executive Mr. Donald Tsang and asked if he knew the price of rice and whether he understood the struggles of the poor. Fate has brought us here again, I am before you once again, but I am no longer the young man who was acquitted. When you are reading this statement, I am a “recidivist”, ready to be sent to prison for the third time. However, I do not seek your mercy today, but wish to explain the reasons for my participation in the Umbrella Movement and civil disobedience, so that your honour can give a reasonable sentence through understanding my motives and actions.

Our positions have slightly altered in the past 8 years, but not as great as the changes that took place in Hong Kong. The controversial big white elephant infrastructures were completed. More tourists are visiting, making Hong Kong a bustling city. At the same time, however, more poor people are living in sub-divided flats, more people are forced to the street to protest, more young people are sent to jail. Things we wouldn’t have imagined 8 years are now happening in Hong Kong. When I was before you 8 years ago, we would not have imagined Hong Kong people could be kidnapped by the Chinese authority to Mainland China. We wouldn’t have imagined that one day, the Mainland law enforcement officers could perform their duties in Hong Kong. We wouldn’t have imagined, not only could the Community Chinese government interpret our law, but they could decide on our future and tightened the rule on constitutional rights through the National People’s Congress Decision.

The Original Intention

Is democracy just a slogan? 8 years ago, I criticised the then Chief Executive Mr. Donald Tsang for ignoring the interests of 1 million poor people and 300,000 elderly. I scolded him for celebrating the 1911 Revolution without understanding its preliminary belief. I called for the establishment of universal retirement protection and the abolition of MPF, and was arrested for the first time. Yet, there are still over a million poor people in Hong Kong today, with more than 300,000 of poor elderly. The disparity between the rich and the poor and housing problem have only become worsen.

In 2014, I witnessed a 75-year-old man kneeling before the Secretary for Labour and Welfare Mr. Matthew Cheung Kin-Chung at a public hearing in the Legislative Council. The old man begged the government not to demolish the elderly home in Kwu Tung Dills Corner. In 2019, a 67-year-old woman, who scavenges for cardboards to make a living, cried during the Legislative Council public hearing. She cried because it was impossible for her to get a job. The Secretary for Labour and Welfare Mr. Law Chi-Kwong simply told her to ask for help in the Labour Department. Why are the government officials so callous? Why have our opinions failed to affect the government’s administration? The root of the problem is that Hong Kong people do not have real choices, we have been deprived of the power to supervise the government and to formulate policies.

What is democracy? Democracy means people are the masters. Any policies should be supervised by the people, the society’s resources should be justly distributed to improve the public services, so that the poor is no longer in poverty. However, in today’s Hong Kong, the focus is on the Mainland China, there is collusion between the government and the businesses, there is a great disparity between the rich and the poor, and multi-billion-dollar big white elephant cross-border infrastructure are built one after another. Nurses die from overexertion at work, teachers commit suicide and old man kneels to beg for what he deserves. Yet, the government policies were only minor repairs here and there, giving small treats and favours to the people. How can you win the support of the people? From the civil disobedience movement in 1966 by So Sau-chung and Lo Kei against the increase of Star Ferry fare, until the 1967 riots and 1989 China Patriotic Democratic Movement, even the 2003 march against the purported legistlation of Article 23, they were all due to the political dictatorship, imbalance policies as well as unfair distribution of public resources. It is for these reasons that led to large scale protests. It is for the same reason that the 2014 Umbrella Movement started.

For so many years, Hong Kong people have been fighting for democracy. We demand a just allocation, a life with dignity and space of freedom. However, what do we get in return? On the eve of the signing of the Joint Declaration in 1984, the then premier of the Communist Chinese government Zhao Ziyang in his reply to the demand for democracy and universal suffrage by the University of Hong Kong Student Council clearly promised that ‘what you referred to, namely “rule Hong Kong by democracy” is a matter that goes without saying.’ At the time, a lot of Hong Kong people believed it. They thought they would have democracy after the handover. However, since the bloody suppression on 4th June 1989 and the 500,000 people demonstration against Article 23 in 2003, the plot of the Chinese communist revealed itself. They decided by force through the NPC interpretation in 2004 that there would be no universal suffrage of the Chief Executive and the Legislative Council in 2007 and 2008. Since then, the undemocratic authority of NPC kept a tight grip on the destiny of Hong Kong people. NPC’s interpretation and decisions can be deployed anytime when convenient to assist the propaganda of the authoritative government, forcing the hands of the Hong Kong court and suppressing Hong Kong democracy and the rule of law.

31st August 2014 was a turning point in history. No matter how the moderate scholars tried to persuade it from happening, the Community Chinese government has used the One Country Two System White Paper in June as the foundation and forced its way down onto the people. Even your honour was among them, succumbed to the so called patriotism. After the 8.31 Decision of the National People’s Congress, the plot of the Communist Chinese government has revealed itself, the Chinese government has been lying to the Hong Kong people, they never intended to give Hong Kong genuine universal suffrage. At that time, we believed that civil disobedience was inevitable and was the only way out.

The Starting Point of Civil Disobedience

Is breaking the law sinful? We broke the law with a cause, as “civil disobedience” is the refusal to comply with certain laws considered unjust, as a peaceful form of political protest in the interest of the public to change the unjust system or law. Non-Permanent Judge of the Court of Final Appeal Honourable Leonard Hoffman stated in the well-known R v Jones (Margaret) [2007] 1 AC 136 case that, “civil disobedience on conscientious grounds has a long and honourable history in this country. People who break the law to affirm their belief in the injustice of a law or government action are sometime vindicated by history. It is the mark of a civilised community that it can accommodate protests and demonstrations of this kind.”

The recent decision by the Court of Appeal concerning the Civic Square outside the government headquarter（Secretary for Justice v Wong Chi Fung (2018) 21 HKCFAR 35) also confirmed the idea of civil disobedience(paragraphs 70-72 of the judgment refer). This , therefore, confirmed that myself and the other 8 defendants as well as other civil disobedience protestors, should not be understood as “breaking the law” in its general circumstances, nor should our sentencing be weighted against the usual standard. Hong Kong people have been fighting for democracy through protest for 30 years already, whether it was during the times of colonial British rule or during the special administrative region, there has been no improvement. Today, we fought for democracy, just as the fights for freedom and democracy in India, South Africa and Poland, and civil disobedience is inevitable. It is true that we did not want to block the roads or affect Hong Kong citizens attending to work or school. But on reflection, didn’t the Communist Chinese and Special Administrative governments block our road to democracy and interfere with our rights to speak up?

If what I did was in the name of civil disobedience, why should I defend my case and not bear the criminal responsibility? In December 2014, the police made use of the statutory offences of “attending unauthorised assembly and inciting participation in unauthorised assembly” and arrested me at the village I live in. In March 2017, the police amended their charges to common law offences of “incitement to commit public nuisance and incitement to incite public nuisance”. As Mr. Benny Tai said in his closing submissions, quoting law professor of Cambridge University John R. Spencer on common law charges, “...almost all the prosecutions for public nuisance in recent years seem to have taken place in one of two situations: first, where the defendant’s behaviour amounted to a statutory offence, typically punishable with a small penalty, and the prosecutor wanted a bigger or extra stick to beat him with, and secondly, where the defendant’s behaviour was not obviously criminal at all and the prosecutor could think of nothing else to charge him with.” Coincidentally, the then Court of Appeal Honourable Mr Justice Robert Tang Kwok-ching stated in his retirement speech in 2018 that, “Common law can be used oppressively. It is protean power, unless adequately controlled by the proper application of human rights law, can be misused.” What he said has become true today.

Faced with 2 charges, I am going to stand by reasons and my principles, in order to assist the Court to overturn an unjust prosecution. However, should the court find me guilty, I shall bear the criminal responsibility. I have no qualm or regrets, in fulfilment of my chosen path of civil disobedience.

Who has not yet awoken?

I do reflect as to whether I am simply seeking a criminal sentence in order to make a point, or to encourage other young men to follow my footsteps into the gates of the prison. I have reflected upon this repeatedly. However, my answer is that, I am doing this precisely because I do not wish to see other young men following my suit into the prison. Because of this, I need to fight for what is ours fearlessly. Although today we are confronted by an oppressive authority, the looming legislation of unjust laws and a clouded future, I shall be as I always am: relentless maintaining my stance that a real election is the path to freedom for Hong Kong people. Anyone who claims to be acting in the interest of the next generation should fight for a free and equal choice for their youths. This is in order for them to learn to be independent, to be able to tell rights from wrongs. There should be no paternal thinking, simply teaching the next generation to be slaves of money and accessories to the oppressor.

My Lord Jesus Christ has said: ‘Very truly I tell you, unless a kernel of wheat falls to the ground and dies, it remains only a single seed. But if it dies, it produces many seeds. (Book of John 12:24.) Without sacrifice, there is no reward. I don’t wish to see any more young men having to join the path of civil disobedience as I did, and to pay the price as I did. However, I ask this of all men and women of wisdom: if peaceful demonstration in the old fashioned way has lost its effectiveness and was simply ignored, why is peaceful civil disobedience not a good way to bring about change whilst one is being oppressed? If not for this crowd movement, C Y Leung would still be sitting comfortably on the throne.

I have no mitigation to submit. I only wish that the Court would spare Reverend Chu, who is an elderly of 75 years of age. I pray that a non-custodial sentence may be passed for Reverend Chu. I hope that the Court will have leniency and mercy for Reverend Chu. I refer to the work of the American legal philosopher Ronald Dworkin in 1968, namely: ‘On Not Prosecuting Civil Disobedience’. He opined that, not only should the Court allow leniency to civil disobedience participants, but also should they not be prosecuted. In fact, Lord Hoffmann NPJ of the CFA stated the following in an interview with Apple Daily and South China Morning Post on 4th December 2014 (which was at the end of the Umbrella Movement, a day before the surrender of the 3 initiators of the Occupy Central Movement): ‘In any civilised society, there is room for people making political points by civil disobedience.’ ‘These are not wicked people.’ Civil disobedience had ‘an old tradition’ in the common law world. ‘When it comes to punishment, the court should take into account their personal convictions.’ In light of this, I hope the Court shall pass a humane sentence.

Your honour, I have no regret for participating in the Umbrella Movement and the fight for democracy. It was an honour of a lifetime. I have spent the best 10 years of my youth in social movements. If I can live up to 80-year-old, I would still have 50 years to walk alongside the people of Hong Kong, to continue the fight. If this is in doubt, please test my will against the whips of criminal punishment. I shall take this as a trial of my determination. I only hope that my brothers and sisters-in-arms can be inspired whilst I am imprisoned, to do goods and encourage others. I hope they shall have further courage and strength to be honest men and women, to fight against the lies of the ruling Chinese Communist authority.

“Hope lies in the hands of the people, change starts from resistance.’ It’s only through the power of the people and direct action that the society can be changed. This was so 8 years ago. This is still the case today. May the will of the people of Hong Kong be firm and determined, to fight for democracy, overthrow the privileged, and let justice be done. All hail for freedom! All hail for democratic socialism!

May justice and peace of my Lord Jesus Christ be with me, with your Honour and with the People of Hong Kong!

Vice President of the League of Social Democrats,
the 8th Defendant of the Umbrella Movement Case

Raphael Wong Ho Ming
10th April 2019