Protestors camp outside the Sin Fong building on April 2014
Seven Sin Fong Garden building residents were convicted of aggravated disobedience. The Court of First Instance (TJB) ruling was issued yesterday morning.
Considering that all of the defendants are first time offenders, they were sentenced to a penalty equivalent to 90 days worth of fines at a rate of MOP 100 per day (totaling MOP 9,000) that can be transformed into sixty days of imprisonment if they fail to pay the fines.
“I’m going to talk with the lawyers to see if there’s any chance of an appeal. Is this ruling fair or not? I think everybody knows the answer,” one of the convicted told TDM.
The TJB ruling indicated that the rights of assembly and demonstration of citizens are granted by the law. However, this freedom of assembly and expression is not unlimited, and the citizens’ use of these rights was far from being in a legitimate and proper way. The judge highlighted that all meetings and demonstrations that violate the fundamental rights of others in an excessive way are illegal.
The facts in question occurred on April 10, 2014 at around 8:30 p.m., when protesters gathered on the street in front of the troubled Sin Fong Garden building, after an inconclusive meeting with the Land, Public Works and Transport Bureau (DSSOPT). The residents took part in loud protests, which made it difficult for neighbors to sleep. At around 1 a.m., when the police started the eviction of the site, these seven defendants defied the eviction order, remaining on site and showing an unwillingness to leave. By doing so, according to the ruling, they troubled the traffic and blocked the passage of vehicles driven by other citizens.
Following the original accusation of aggravated disobedience by the Public Prosecutions Office (MP), the seven Sin Fong Garden proprietors accused the government of breaking its alleged promise not to prosecute them over the demonstration. The allegation was dismissed afterwards by an investigation made by the Commission Against Corruption (CCAC). According to the anti-graft department, representatives of Sin Fong Garden owners stated that they never heard government officials promising not to prosecute them. RM
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