(Translated by Chapman Chen)
（Translator’s note: On 30th December 2014, Mr. Leung Kam-cheung refused to renew bail and was unconditionally released by the police.）
This is an absurdist play that reminds one of Kafka’s works. A journalist was arrested without any evidence of criminality and without any identifiable mens rea, simply because he was carrying out his duties as a reporter. The absurdity of this event may not be surpassed in Hong Kong until Jimmy Lai, the boss of Appledaily, is arrested in the future for “planning” or “directing” the entire Occupy Central Movement.
On 18 November 2014 at 22:46, I received a message from a colleague of mine that earlier on certain protestors had stormed the Legislative Council Building. I immediately asked, “Is there any colleague (to cover the news)?” “On his way home,” replied my colleague. I thus hurried to the scene with a view to reporting the incident.
At around 23:20, I arrived in Admiralty. Based on my reporting experience, I first took a walk around the scene, made observations and took pictures with my mobile phone. Then I proceeded to the demonstration zone outside the main entrance to the Legco. Soon afterwards, some of the protestors wanted to move metal barricades in order to block the main entrance to the Legco. But that was objected to by another group of protestors. There was a brief dispute between the two sides. (See Leung Kam-cheung’s spot coverage , 23:44, 18th November.)
I have to point out that the picture published by the media, from which my allegedly “planning” and “directing” the subsequent crash is deduced, must have been taken at this moment. In other words, the content of the picture basically is not related in any direct way to the subsequent crash but it has become the “proof” on which my arrest is based.
When the situation subsided a little, I saw Fernando, Cheung Chiu-hung, Legco member. So I went forward and interviewed him. I mainly asked him about his view on different strategies and whether the action should be escalated. He clearly indicated that he objected to any crash (see Leung Kam-cheung’s spot coverage, 23:45, 18th November).
The reason why I emphasize this report is that I wish to point that if I really wanted to “plan” the crash on that night, there was no reason why I should carry out that interview and made the report, which truthfully indicated a celebrity’s stance against storming (the Legco).
After doing a couple of short interviews and making a few reports, I went to the Admiralty Centre. Under the flyover, there were several dozens of protestors protesting against the “pickets” of the assembly. There is no need to repeat the entire process, sufficient to mention that Leung Kwok-hung, another Legco member, was vigorously arguing with these protestors about whether the “main forum” and the “pickets” should be abolished or not. (See Leung Kam-cheung’s spot coverage, 00:49, 19th November).
Towards the end of the debate, feeling that the atmosphere was fading and witnessing part of the protestors departing in the direction of the demonstration zone of the Legco, I decided that there would be no news to report. So I followed those departing protestors. At that time, I did not talk with them, nor did I know what kind of action they were going to take and what the purpose of their action might be.
What happened subsequently was the well-known crash of the glass window of the Legco building. My spot report can be found amidst the rolling news reports of Local Press as published that night. The picture which someone took of me at the scene while I was covering news there (with my press card hanging in front of my chest) has again ironically become “evidence” of my alleged crime.
Why I was then so close to the spot of the crash is simply because “If your pictures aren’t good enough, you’re not close enough”, the golden quote of the WWII reporter Robert Capa.
Like the other reporters working at the scene, I could only draw near the news focus as far as myself and other’s bodies were not in danger. Of course, from the pictures and videos, it can be clearly seen that there were other reporters who stood closer to the news focus than I. I am glad that they were not prosecuted like me.
On the afternoon of 19 November, reporters of DBC and Mingpao respectively called me up in relation to the pictures and rumours spread on the net. I clearly indicated to them that I only carried out my duties as a reporter during the entire course of the crash, that I never “directed” or “planned” any crash action.
In view of the current political situation of Hong Kong, I then sensed that these rumours might one day become the pretext of legal nuisance. So on the same night I explained the entire matter to my boss in order that Local Press would be psychologically prepared for what might happen.
On the afternoon of 20th November, I was arrested on the ground floor of the building in which the office of Local Press was located. After my arrest, I was unable to communicate with outside. As a consequence, based on the conversation between me and my boss, Local Press thought that I was arrested for “planning” and “directing” the crash and the news published somewhat deviated from the reality. My suspected crime was actually “criminal damage” of the glass door of the Legco.
I have to point out that during the entire course of arrest, the frontline police officers were more or less polite and non-prejudiced. I guess that they wanted me to believe that they would handle the matter impartially and according to law. But I cannot infer from my personal experience that other arrested persons have been dealt with similarly. I even doubt that justice can be seen to be done in a twisted legal system, no matter how hard the frontline officers try to maintain a little bit of “professional ethics”. I dare not imagine how hard the basic rights of Hong Kong citizens will be trampled upon. What will Hong Kong become one year later? How about ten years later?
As for the question of who sold me up, frankly, I have never been interested to pursue it. In the net world, there are conspiracy theories everywhere. The problem is that when the law enforcement authorities arrest and charge people without any concrete proof, it is already political prosecution, from my point of view.
As for “planning” and “directing”, they apparently are not legally feasible charges. Maybe some people would say that a journalist can do the things above even while they are covering news! If that is true, then I should not be the only suspect. There are other reporters that were present and that stood even closer to the Legco door than me.
Of course, in the final analysis, why it was me instead of anybody else is closely connected with my political comments made in my net programmes. It may even be said to be guilt by association and I am a victim of collateral damage.
Thus, although the entire matter is so absurd, I can still draw some sort of “reasoning” from it. Hong Kong now is already very different from the past; the rules of the game have apparently undergone fundamental changes. Caught in this radical change, the news media and even the academy, both of which have been all along “peaceful and rational”, can no longer care about their own good only. From a self-consolatory point of view, the Umbrella Revolution may be so powerful that this regime cannot but suppress it in this way. Otherwise, it will cease to exist.
Thus, I will not regard this incident as a unique, single problem of the news media (or, to be more exact, non-mainstream media). Because this is an unprecedented challenge faced by the whole city. As a result, ever since my arrest, I have never thought of seeking help from the related association. Even if we continue to shout, “This is the darkest day of Hong Kong news media,” the problems of today cannot be solved. Not can we thereby prevent unjustified arrests and even assaults of news workers when they are carrying out their duties.
Although I have written quite a few words to mention my own experience, I have no intention to indefinitely magnify my personal trouble. For I know that in the Umbrella Revolution, there are many many “nameless” people who have met with even more unreasonable treatments, including assaults causing grievous bodily harm.
Ultimately, this is a challenge which no Hongkongers could possibly avoid. In order to get even, in order to uphold justice, every Hongkonger is obliged to strive for a democratic system that can protect the basic interests and right to survival of Hong Kong people, a democratic system that can restrain and monitor the ever expanding public authorities, which are equipped with suppression apparatuses of the State. Otherwise, Hong Kong is just a city of slaves.
