A letter to all university students in Hong Kong

給香港大學生的信

試想想學校決定結束你就讀的學系，又不容許你表達反對的意見。而你用盡所有辦法亦無法改變事實。你又會如何做？

大學生對生活環境有所關懷，不平則鳴十分常見。對校園內所發生的不公平事情也會敢於表達不滿。一位中大三年級本科同學陳倩瑩也一樣，面對社會不公，挺身而出。她去年抗議政府遞補機制諮詢，卻於三月二十日被判有罪，即時入獄三星期。我們對陳同學面對的難關表達關切，並對警方的檢控及法庭的量刑深感痛心。

事實是她當日只是跟隨示威者衝入會場後在場內用大聲公發言，但最後卻被警方控告。究其原因，是該次論壇實際上不容許他們進入討論，以致他們在無從選擇的情況下被迫以這種手法進入會場，以表達他們的訴求，引起大家關注。

法庭在今天所提出的刑罰是前所未有的嚴重。警方也並非第一次以《公安條例》對示威者提出起訴。事實上，1992年嶺大的同學陶君行於新華社門外與警方衝突，只是被判社會服務令；2002年包括馮家強在內的三位人士組織未經批准的集會，也只是自簽守行為三個月。但今次初犯的她被同一法例檢控，竟然被判即時入獄三星期。相比之下，這次的量刑實在太重，並且對仍然在學的她造成很大影響。況且當時尚有其他示威人士，警方卻只檢控當中一部份的人（包括陳同學）。這實在是一個不當、不公、具選擇性的檢控。

最後，她這樣做只是因為社會大環境造成。面對一個不民主、不公義的社會，我們理解這種方法是為勢所迫，以表達不滿及爭取社會改變。我們支持她提出上訴，並懇請法庭重新量刑。同學如果支持，請廣傳及聯署。

一群關心是次事件的中大學生
二零一二年三月二十日

March 20, 2012

A letter to all university students in Hong Kong

Imagine the university is going to end the operation of your major department, without any opportunities allowing you to deliver your opposition. You have no means to change the decision, so what will you do?

It is commonplace for university students to pay attention to their own society and express their concern. Opposition against unfair and unjust university decisions is of the same nature. One of the CUHK Year 3 undergraduates, Daisy CHAN Sin-ying, shares the same belief. She voiced out against social injustice in September 2011 during a consultation of the LegCo vacancy filling mechanism. She was charged by police eventually, convicted on March 20, 2012 for a 3-week prison term.

The reality is that she was following a group of protestors to enter the Science Museum, where the consultation forum was held. Her opposition was delivered via a loud-speaker as the consultation fails to address the concerns of the opposition. Protestors were left no means but to conflict directly in this occasion to make their voices heard among members of the public.

In the past, The Ordinance of Public Order has been employed by the police to charge against protestors. There were cases in the past but the sentencing was much more lenient. In 1992, Lingnan University student Andrew TO Kwan-hang had a direct conflict with the police during a protest and was sentenced to serve a Community Service Order. In 2002, FUNG Ka-keung, among 3 others, was judged for a Bind-over Order for 3 months in another protest. For the first time she was charged, she was jailed immediately for 3 weeks. Comparatively speaking, the sentencing is the most severe we have ever observed and poses a disastrous effect towards her. More notably is that there were other protestors at the venue, but the police selectively prosecute some of them only. It was an unfair, unjust and selective prosecution.

Miss CHAN was forced to employ such tactics because of the greater social conditions: this was the only possible means to promote social change when facing a government without democratic and fair elements. We support her to lodge an appeal against the ruling, and at the same time sincerely ask the court to reconsider the sentencing. Please sign the petition and help spread the message if you agree for an appeal.

A Group of Students Concerning This Incident from the Chinese University of Hong Kong

URL: http://www.gopetition.com/petitions/a-letter-to-hong-kong-university-students.html