The “Obstruction Case”, which ended
on August 15, 2002 will be appealed on September 3, 2003
The Epoch Times reported on August 27, 2003
that Falun Gong practitioners filed an appeal on the “obstruction case” which
arose from their peaceful petition. The trial for the appeal was initially slated
for the Supreme Court, but the judge thinks it may involve the Basic Law and
has transferred it to the Appeals Court. It is estimated the trial will last
three days. Spokesperson Xu Jun of the Hong Kong Falun Dafa Association said,
“The ruling in West District Court on August 15, 2002 was unfair. The Basic
Ordinance for vendors was misused to restrict the right to petition, which is
no different than losing the freedom to petition. It apparently violated the
Basic Law.”
4 Falun Gong practitioners from Switzerland and 12
Hong Kong practitioners peacefully petition in front of China’s Liaison
Office on the morning of March 14, 2002
The result of the appeal will have an impact
on future petitions
Xu Jun said, “The appeal of the obstruction case
is important as the result will have an impact on the future of the Hong Kong
people’s right to petition, such as the march of 500,000 people on July
1 and the 50,000 person demonstration on July 9 in Hong Kong. If the charges
were based on the definition of the vendor’s obstruction in the Basic Ordinance,
the appeals on July 1 and 9 no doubt caused obstruction.”
Ms. Lu Jie, a Falun Gong practitioner in the obstruction
case, said, “We want to appeal because our basic right to petition was denied
and they applied the basic ordinance related to vendors to prosecute us. We
are not vendors. We had the goal to appeal to the central government in an urgent
situation, because former Chinese president Jiang issued an order to shoot Falun
Gong practitioners distributing truth-clarifying flyers on the street when they
were spotted.”
Ms. Lu said, “The Basic Law states that we have
the right to appeal. We followed the Basic Law to appeal, but we were arrested.
In this incident, the law was trampled because of Jiang’s persecution of
Falun Gong. Falun Gong practitioners in mainland would be arrested if they appealed;
they have been deprived even of their basic right to exist.”
The verdict disregarded the law and facts
She said that the judge did not consider the law
and facts. “The sidewalk in front of China’s liaison office was 9.5 meters
wide and 33 meters long. We occupied a little space but were accused of obstruction.
Now they have set up a large flower island in the center to narrow the 9.5-meter-wide
sidewalk to about 3 meters. Thus I think obstruction is not the reason but an
excuse.”
The 9.5-meter-wide sidewalk in front
of China’s liaison office is much narrower after flower island was set
up
Based on a Falun Dafa Information Center report
on March 5, 2002, Falun Gong practitioners in Changchun intercepted a cable
TV signal and broadcasted information on 8 channels about the worldwide spread
of Falun Gong and the persecution in China. Jiang issued an order to “kill without
pardon” and ordered police to shoot Falun Gong practitioners posting truth-clarifying
literature.
On March 14, 2002, 4 Falun Gong practitioners from
Switzerland and 12 Hong Kong practitioners were arrested in front of China’s
Liaison’s Office in Hong Kong and charged with obstruction, hindering official
work, attacking police and so on. The case was tried on June 17 in West District
Court and after 32 days, the judge ruled on 7 charges and levied fines ranging
from 1300 to 3800 Hong Kong dollars.
Basic Ordinance and Basic Law
Posting date: 3/Sep/2003
Original article date: 31/Aug/2003
Category: World News
