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Police chase after a protester who had knocked over trash bins on Nathan Road. Photo: Vic Shing
In the largest police action against pro-democracy demonstrators since the Occupy Central protests ended nearly three weeks ago, Hong Kong police said they arrested a total of 37 people in Mong Kok in a second night of protests and clashes during the Christmas holidays.
Police said on Friday morning that the 37 protesters, including 26 men and 11 women aged between 13 and 76, were arrested for suspected offences such as "disorderly conduct in public place" and "criminal damage".
The disturbances started at 9pm on Christmas night and spilled over into the early hours of Friday morning in the residential neighbourhoods in Mong Kok. Around 300 protesters engaged in a 5 hour-long stand-off with police, as hundreds of officers were deployed to contain what they call an “illegal occupation”. On several occasions, police raised yellow warning flags in an effort to quell the angry crowds.
The largest number of arrests -- of 20 men and 10 women -- were made in a case of suspected criminal damage in the stairwell of a private apartment block on Tung Choi Street following resident complaints.
People living in the block complained that the crowd had entered the property illegally, and one resident complained that a metal gate had been damaged. Following the complaints, the police moved in and made the arrests.
Early on Friday morning, one male protester was arrested on Nathan Road for criminal damage after he pushed over rubbish bins, spilling trash onto the road in a bid to stall traffic. About 10 more people were pulled aside by police and detained briefly in relation to the episode.
Policemen detain protesters on a sidewalk in Mong Kok. Photo: Chris Lau
On Christmas Eve and early Thursday morning, police had arrested 12 people in clashes as large crowds carrying yellow-coloured accessories gathered and chanted slogans demanding true universal suffrage in Mong Kok.
On Thursday evening, hundreds of vocal protesters gathered again as their slogan of “I want real universal suffrage” echoed around the narrow roads and tall apartment blocks in the district.
Tensions boiled over as police bottlenecked protesters in Tung Choi Street, separating hundreds in order to prevent crowds from getting out of control. Police repeatedly demanded that protesters register their identity cards before they could leave the cordon.
Some claimed to have been detained for almost three hours, during which time they could hardly get a toilet break.
The round-up tactic attracted criticism from Eric Cheung Tat-Ming, a member of the Independent Police Complaints Commission who was at the scene to observe the police operation.
"Although there were no complaints about physical contact, some said they were unsatisfied with how police had cordoned off the crowd," said Cheung, after speaking to the crowd.
Eric Cheung Tat-Ming, a member of the Independent Police Complaints Commission. Photo: Chris Lau
He said some people told him they just happened to be walking past, but found the area ahead was blocked. When they turned around to leave, they found all the exit routes were guarded by police.
"Police have to explain and pay heed to the fact that passers-by have been dragged into this," said Cheung. But the member of the law enforcement watchdog said he did not want to draw any conclusion as yet.
Human resources clerk Miranda Shum Kit-wah, 24, described the police tactic as “unfair”. “I feel so angry because we are trapped unreasonably and they don’t give us a reason why they’ve trapped us in the area,” she said.
“They ask us to show our ID for further investigation. They think we’re demonstrating illegally, but I don’t know why because in Hong Kong we have the right to protest. They [police] don’t stand for justice anymore,” she added.
Student Joshua Chan Long-hin, 19, claimed he was pushed over by police officers during a scuffle as police arrested protesters.
"My arm is in pain, and I think this is ridiculous. I just want to go home. They are asking for our IDs before we can go. Are we not a free place? Why do we have to give our IDs?”
Those arrested were taken to Cheung Sha Wan police station at the last minute, after angry crowds gathered outside Mong Kok police station.
Weeks after the protest camps were cleared, Federation of Students leaders Alex Chow (second from left) and Lester Shum (second from right) are turning their attention to the studies they have put aside in the fight for universal suffrage. Photo: Sam Tsang
With the Occupy sit-ins at an end, student leaders are looking to the future - not just for the pro- democracy movement but also for their academic lives.
Weeks after the protest camps were cleared, Federation of Students leaders Alex Chow Yong-kang and Lester Shum are turning their attention to the studies they have put aside in the fight for universal suffrage.
"I need to settle down and reflect on the movement," Shum said. "I want to complete my degree before deciding what I want to do in future."
Shum, who still has two years left of his politics course at the Chinese University, says he realises he needs a solid foundation of knowledge to analyse problems such as Hong Kong's relations with Beijing, as well as models for social movements.
While he is "not ready" to run for election and does not plan to join a political party, Shum may organise a new group to give young people a platform to express their views and take action.
"The Umbrella Movement has exposed the weak organisational ability of civil groups," Shum said. "We can't just rely on the federation alone."
While the protesters were committed, Shum noted, participating groups were unable to form a strong alliance to mobilise people efficiently.
Shum said it was important to set up a group with stronger organisational capabilities, and he was prepared to share his experience from the movement.
Chow agreed that the student group's leadership suffered from a lack of experience. "We were not able to respond quickly to the change of sentiments in the Occupy zones. There's also room for improved communications with protesters," Chow said.
For example, the students and the three founders of the Occupy Central movement had to abandon a plan for an electronic vote at the three main protest zones.
Chow said they had been unable to convince protesters of the point of the vote - to set the way forward for the protests.
Despite failing to change the government's political reform plans, Chow does not see the movement as a failure.
"The movement has transformed the culture of protest in Hong Kong," said Chow. "Young people no longer focus on their own career and social life. They have come out and organised themselves in different ways. And middle-aged people are willing to back up their next generation."
Like Shum, Chow is now giving more thought to his academic life as he enters the last semester of his University of Hong Kong course. But he will not be disengaged from the social movement and will support the next round of elected federation leaders.
Shum and Chow have become big names, with fans coining the portmanteau name "Alexter" and setting up Facebook pages dedicated to the pair.
But Shum is surprised by how little attention has been paid to one personal aspect - his US citizenship - especially amid claims that the movement's leaders colluded with "external forces".
"I am emotionally attached to Hong Kong and my identity is a Hongkonger," he insisted. "The [US] passport is not very important to me. I will not flee this place to escape my legal or political responsibility."
Amy But Wai-fan says police officers slapped her three or four times, until my ear bled.
A 19-year-old pro-democracy activist has alleged plain-clothes officers slapped her in the head until she bled as she was driven to the Mong Kok police station just after midnight on Christmas Eve.
Amy But Wai-fan told her story to the media yesterday, saying she had decided not to report the case to the Complaints Against Police Office (Capo) - the force's internal investigation unit - as she had "no confidence" in it.
Her ear was still red and there was a bruise on her left arm.
But said she was one of 500 people on a "shopping tour" protest - in which crowds walk slowly to disrupt commercial areas - on Shantung Street. She was taken to a police car by five plain-clothes officers after she failed to show her identity card. She alleges the officers assaulted her in the car on the way to the station.
"They slapped me three or four times … until my ear bled," she said. "When I asked for their officer numbers, they threatened to charge me with police assault and obstructing police work if I made a complaint."
The teenager is not alone in her reluctance to report such cases to the police complaints unit, said Chan Shu-fai, of the Civil Human Rights Front. Chan said he had received more than 30 complaints of police abuse since the Occupy protest sites were cleared in mid-December.
He said people tended not to complain to Capo. "Some are concerned with the time it will take, and they think it will be useless anyway," Chan said. "Others worry about being charged with offences such as illegal assembly if they complain about abuse."
But cases are not followed up by the Independent Police Complaints Council (IPCC) - an independent body that monitors and reviews police complaints - if they are not lodged with Capo.
"The council cannot receive complaints independently from the public. Capo must be involved first," he said. "The problem is, people don't trust Capo."
There is also a lack of faith in the IPCC because its members are appointed by the chief executive, said the Democratic Party's Helena Wong Pik-wan.
Functional constituency lawmakers Christopher Cheung Wah-fung and Tony Tse Wai-chuen will serve as vice-chairmen of the IPCC from next year. Six new members have been appointed for the next two-year term, and none of them appear to be pan-democrats, Wong said.
She said the law governing the watchdog's composition and powers should be reviewed.
A police spokesman said the complaints office would handle any cases fairly and in accordance with procedures.
Some 49 protesters were arrested in clashes over the Christmas holidays. Capo had received 1,972 Occupy-related complaints up to December 15 - with 106 cases reportable. The latest figure was not available yesterday.
Seven police officers arrested for allegedly beating Civic Party activist Ken Tsang Kin-chiu in Admiralty in October are on bail and must report back this month.
Another yellow banner is unfurled atop the famous Lion Rock. Like the one hoisted there in October, it carries the slogan 'I want genuine universal suffrage'. Photo: Nora Tam
Hongkongers should be allowed to veto all candidates in the 2017 chief executive election, a legal scholar said yesterday in the latest attempt to break an impasse that threatens prospects for political reform.
Professor Albert Chen Hung-yee says a "none of the above" option would help ease objections to a stringent framework for reform set by Beijing, under which a 1,200-strong committee dominated by Beijing loyalists would choose two or three candidates for a public election.
The University of Hong Kong academic, also a Basic Law Committee member, made the suggestion ahead of a second round of consultation on reform next month. Meanwhile pro-democracy campaigners - who want any reform package based on Beijing's framework vetoed by lawmakers - continued to make themselves seen, hanging a giant yellow banner on the landmark Lion Rock, a repeat of a stunt from October.
Chen also suggested ensuring that a pan-democrat appear on the ballot by having the nominating committee vote on lists of candidates, each of which would contain one pan-democrat, rather than on individual candidates. That would help overcome the concerns of pan-democrats, who object to the screening out of candidates critical of Beijing.
Chen conceded that he had no idea whether the local or central governments would be open to his "liberal" idea, though it did not contradict the framework Beijing set in August.
"We should keep making the appeal even though we know it is difficult to succeed," Chen said in a radio interview.
His ideas "would instead reinforce the legitimacy of the committee - in which most of the members would be under Beijing's influence - because the nominators would be accountable for choosing candidates acceptable to the wider public," Chen added.
Under his proposal - similar to a system used in parts of Europe and the Americas - a majority vote for the "none of the above" option would see the election declared invalid. Instead the 1,200 committee members would choose an "interim chief executive", under the same model used to pick previous chief executives. The details, including how long the interim leader would serve, needed further discussion, Chen added.
Separately, a two metre by eight metre yellow banner with the slogan "I want genuine universal suffrage" and the umbrella logo adopted by Occupy Central protesters was unfurled near the top of the 495-metre Lion Rock.
Similar banners have been placed on hills, schools and other buildings since a mystery group of climbers unveiled the first banner on Lion Rock in October. The new banner was removed by firefighters yesterday morning.
Benny Tai passed HK$1.45m Occupy Central donations to HKU. Photo: Jonathan Wong
Donations of HK$1.45 million that Occupy Central co-founder Benny Tai Yiu-ting passed to his employer, the University of Hong Kong, complied with the institution's procedures, an internal document shows.
The document, attached to a letter by HKU president and vice chancellor Professor Peter Mathieson, appears to back the pro-democracy movement's claim its donations are above board.
HKU received the sum to cover some of the expenses it incurred in activities like a "civil referendum" on electoral reform that Occupy organised in the summer. On October 29, leaked emails suggested Tai, who is also an HKU professor, got the sum over several months from at least one anonymous donor.
Later that day the Occupy movement clarified that the money was actually obtained through another of its co-founders, the Reverend Chu Yiu-ming, mostly from "a member of the public" to support his "efforts in promoting democracy".
The internal document responds to HKU council members' queries, saying senior management had examined the contributions and found no violation of university policies.
"We [HKU senior management] are satisfied that the correct procedures have been followed in the acquisition and disposition of … the donations being queried," the document, seen by the Post, says.
The university management also say they would have identified the actual donor before accepting the cheques if they had known the money was from someone other than Chu.
However, they "have not done any further due diligence" after learning Chu was the donor.
Mathieson's letter, dated December 23, also mentions that an unnamed member of the HKU council suggested launching an independent inquiry into the matter, an idea rejected by another member. Mathieson does not respond to this issue directly, saying only that he would be "happy to further discuss with council members" if need be.
The university also concluded that Tai did not "encourage or exhort HKU students or staff to take any political action" in the course of his duties and therefore would not face any action.
Tai could not be reached for comment last night.
Yvonne Leung Lai-kwok, president of the HKU student union and a student representative on the council, declined to comment on the document.
The streets may have been cleared, but the spirit of the "umbrella movement" has been kept alive by a man who has transformed a Causeway Bay apartment into a replica protest site.
Chock-full of everything from the street art to the emblematic tents and umbrellas, the exhibit seeks to recreate the experience of the "inspiring" occupation, its creator Stephen Thompson, says.
"I really loved the occupied area [in Admiralty]. I found it very stimulating and inspiring. When the police were going to clear it, I felt very sad, so I took as much as I could before it went in the garbage," said Thompson, 50, who has lived in Hong Kong for eight years and greater China for three decades.
"I thought maybe I can recreate the experience of the occupation and maybe other people would like to come along and see it. A lot of people missed out on it, even people living here in Hong Kong who did not have time," he said.
Black-and-white prints of CY Leung's head adorn the toilet paper. Photo: Bruce Yan
Thompson, who works as a writer and translator when not preoccupied with Hong Kong's protests - he has contributed to the South China Morning Post - christened the apartment the Umbrella Revolution Occupation Experience, a nod to the interactive nature of the exhibit.
Guests can even spend the night in one of the three tents in exchange for a HK$100 donation - an offer that has prompted a steady stream of tourists, including a number from the mainland, said Thompson.
"I came to Hong Kong to fight for freedom. If I don't fight for freedom, I will get nothing," said David King, a guest from Shenzhen who expressed worry that his four-day stay at the exhibition would cause him grief when he returned home.
Thompson declined to comment on how much money he invested in the exhibition and rejected criticism that he was making money out of the student protests. He said the exhibit was not a profit-making venture, given the cost of renting the premises.
Stephen Thompson with some of the saved items. Photo: Bruce Yan
He also emphasised that the exhibit is intended to be an experience and not just a hotel, a distinction he hopes can protect the apartment from the city's official rules on what constitutes a hotel. "According to the housing and home affairs departments, a hotel is open to everyone, everyone who shows up and is basically fit to enter. I think I am not actually operating a hotel according to their guidelines," said Thompson.
"I ask everyone who comes here what they think of the Occupy movement and if they are interested in learning about it. If they're not, I decline them," he added.
Thompson is not expecting any anti-Occupy elements to visit, as the exhibit is advertised as an opportunity to "relive Hong Kong's utterly awesome Umbrella Revolution".
Guests can spend the night in one of the three tents in exchange for a HK00 donation. Photo: Bruce Yan
'Lennon Wall' in Admiralty, where a teenager who scribbled a flower on the wall has been taken into care. Photo: Nora Tam/SCMP
A 14-year-old Hong Kong girl arrested for scribbling graffiti on a wall famous for the pro-democracy messages it carried has been sent to a children’s home.
Police detained the girl for chalking a flower on the “Lennon Wall”, a staircase at the main Admiralty Occupy Central protest site which became plastered with brightly-coloured notes of support for the democracy movement during more than two months of rallies.
Notes and messages have sporadically been posted on the wall since the protest sites were cleared by police earlier in December.
The teenager was arrested in the early hours of December 23 after scrawling on the wall and was detained for 17 hours, said solicitor Patricia Ho.
She was sent to a children’s home on Monday for three weeks while a court considers a police application for a care and protection order which could see her removed from her father’s care, said Ho.
She described the move as “disproportionate” and “shocking”.
The girl has been in trouble with police before, said Ho, but she added there was no evidence that she was not well cared for at home.
In a separate case, a 14-year-old boy could also be removed from his parents following his arrest as police cleared the Mongkok protest camp in late November.
Police have applied for a care and protection order for him.
“These types of orders are usually sought in extreme cases, for example the child is on drugs, or trading drugs or prostituting themselves,” Ho said.
“It’s a very worrying trend... it’s imposing a climate of fear.”
The wall became a focus for pro-democracy messages during Occupy Central. Photo: Dickson Lee/SCMP
The magistrate at Monday’s hearing deemed it safer for the teenager to go into a girls’ home, Ho said. The application before the court alleges that she is being neglected by her family.
But neither the girl nor her father wanted her to be removed, Ho said.
“She was very upset and said she was afraid of going into the home” in a statement to the court, said Ho.
Her father, who is severely hearing-impaired, also made an emotional statement, pledging to keep an eye on her at all times.
“He said he would want to go wherever she goes,” said Ho.
A social worker will investigate the case before the next hearing in January, Ho said.
The next hearing in the teenage boy’s case will also take place in January.
Police said they could not comment on the cases as legal proceedings were ongoing, but confirmed that neither teen had been charged since their arrest.
Minors were arrested during the mass protests seeking fully free leadership elections, and at subsequent smaller gatherings.
Police said they did not have a total figure for the number of minors detained. But some as young as 13 were arrested at small Christmas protests in Mongkok, according to police statements.
A cleaner cleaning up the protest site in Causeway Bay. Photo: AFP
One enduring question about the Occupy movement concerns how it was handled. Many fault the government for not listening to or misjudging public sentiment, but the reality shows that the administration should be credited for a job well done.
The fact we have just enjoyed a relatively peaceful Christmas, with our economy intact, employment stable, and with tourists still flowing in, shows what a close shave it was. Had the situation been bungled, it would have definitely been "the nightmare before Christmas".
Probably the most difficult part in handling Occupy was that it was a headless monster. There was no visible leadership, nor was there a focused demand. Was it about a retraction of the National People's Congress decision on the 2017 chief executive election or the downfall of Chief Executive Leung Chun-ying? Was it about real universal suffrage, or even independence?
Matters were complicated by the unexpected outpouring of support for protesters, plus a vocal and largely anti-government media. Worse, the public reaction to standard procedures to prevent rioting led to an explosive backlash against the administration.
One more wrong move could have led to a massive blowout, a Frankenstein monster no longer in the control of its own creator - or, worse still, intervention by the People's Liberation Army.
During the prolonged stand-off, nobody really knew what to do. Nothing seemed to work: the dialogue between the administration and student leaders started well and then fizzled out; Robert Chow Yung's anti-Occupy signature campaign of 1.8 million got nowhere; fightbacks by anti-Occupy demonstrators were met with a media backlash. When several policemen seemingly took matters into their own hands, it seemed that we'd hit rock bottom.
It would have been tempting for Leung to give in, as with the national education crisis, and hope for a quick resolution. Thus he deserves kudos this time for holding his ground. Chaos calls for emergent, untested answers. The administration gambled on the right one.
When there is no clarity about public support, it is best to use Sun Tzu's "borrowed knife". In this case, letting civic groups take matters into their own hands through the law courts was the right move.
It was, of course, unusual that civil lawsuits were used to settle social unrest. Some say the government was shirking its duties, but at the end of the day, it worked out well. Hats off to Leung for enabling a creative solution to emerge.
Patience turned out to be the biggest virtue. The Occupy situation could have dragged on for many more months. Every day that the arteries of the city were clogged, pressure was building. Waiting for public sentiment to shift against the Occupy protests was nerve-racking, as any misstep by the authorities could have triggered an avalanche of support for Occupy. The protesters knew this, and wasted no opportunity to provoke.
You have to credit the administration for stoically ploughing on. The chief executive, in particular, kept graciously quiet, at a time when the pressure was on him to speak up. Even the police chief stayed out of the picture until the end of the movement.
All in all, the protesters did not overturn the electoral framework, nobody died, things quickly returned to normal, and the students are back in school. Some say political awareness among youth has been heightened. And everybody learnt something new about democracy.
Michael Wong is an ex-lecturer at the Polytechnic University, and researches change management and education
Through Occupy, Hong Kong youth claim their citizen's rights
Florence Lee says through the Occupy protests, Hong Kong's youth found a way to exercise their natural right to participate in and shape the society they live in, for the better
By constructing mini communities, youngsters created a variety of spaces that provided room for innovation, experimentation and dissent.
On the night before the clearance of the historic Occupy Central movement, I visited the main campsite in Admiralty. What I saw were many young people, banded together in makeshift communities, brimming with hope, frustration and unity. For me, their strong sense of solidarity, purpose and togetherness sparked questions. Hong Kong's youth are on a mission - but what do they want? And what do they seek to achieve?
This movement embodies the pursuit of citizenship rights as young people stake their claim to the city. Much has been said about their frustration over the lack of upward social mobility and employment opportunities. Many youngsters face such anxieties during their transition to being a full member of society. It is a natural part of growing up. However, too much uncertainty, economic precariousness and a lack of socio-economic security pave the way to civil unrest.
Citizens who feel excluded from their rights do not remain silent for long. Rather, excluded groups seek to challenge inequalities by widening the distribution of resources and citizenship. In doing this, Hong Kong youth are channelling their frustrations and creating new "space" where ideal forms of citizenry manifest themselves in the open.
As James Holston, an anthropology professor from the University of California, Berkeley, noted, a new form of radical, "insurgent" citizenship often arises out of an old, unequal regime. He uses the example of Brazil in the 1960s, where the working class overlooked the illegality of their actions as they built houses on unoccupied, untenured land. In this way, the poor effectively established themselves by asserting their citizen rights on housing, daily life and urban space, while transforming marginalised areas into socially organised spaces. Citizens claimed their identity and status through radical, transformative means.
Similarly, at the heart of Occupy, there is an insurgent movement led by young people wanting to change from passive citizens to active participants in society. By breaking the law with the act of civil disobedience, young citizens were "claiming" their right to expression, to be heard by the world. Gathering in Admiralty and Causeway Bay, for example, is important symbolically. Physically occupying Hong Kong's privileged, important areas is about retaking space from the corporate world and the state.
Second, the protests provided youngsters who usually communicate via social media with a physical meeting place for face-to-face communication. Against the isolation and divisions of daily life, Occupy offered participation and interaction. It invited passive young citizens to experience a sense of what an inclusive and egalitarian society might look like.
In this sense, the movement was about Hong Kong youth forming alternative pathways for political organisation and communication ahead of the real democracy and active citizenry to come.
It helped radicalise a whole generation of previously apathetic and discouraged youth, and built "test zones" for a post-capitalist utopia based on principles that are outside the competitive and corporate world.
The movement has created an entirely new marker of Hong Kong identity.
Third, the movement aimed to create space for a conversation in which all can participate and determine what the future should look like.
By constructing mini communities, youngsters created a variety of spaces that provided room for innovation, experimentation and dissent. These civil utopias foster a form of solidarity and identity, which transcend the cultural, religious, ethnic, gender and class divisions that Hong Kong youth face in their daily lives.
Lastly, the Occupy movement provided young participants with an experience of direct democracy, where people with different views interacted directly in a civil and responsible manner.
Demonstrators made a point of cleaning up after collective action to illustrate the capacity of "the people" to govern themselves. The idea that differences should be respected is also embedded in the civil utopias created. Students respected non-students, the elderly respected youngsters and all respected the help given by volunteers. Thus, by creating a space for communication, citizens from different ideological backgrounds had the chance to experience a form of deliberative democracy.
Fundamentally, the protests represented a channel for Hong Kong youths' frustrations in the hope of creating a collective identity and asserting their citizenship rights. My generation wants to be seen on the streets, and is not afraid of staking a visible claim to our right to be seen and heard. When young people enact their rights as citizens in public spaces, they have the collective capacity to speak truth to power. In a literal sense, it shows that citizenship is physical as much as political.
The process of democratic reform must involve people transforming themselves from subjects ruled by others - which Hong Kong's people have always been - to active citizens who rule themselves. That does not involve the subjects asking for citizenship rights, for the ruler will not grant them freely. It means that the subjects start acting as citizens, demand their full rights and ownership of an inclusive society that is rightfully theirs.
Hong Kong youths have reconfigured the notion of citizenship by participating in and shaping the Occupy protests. They have created for themselves an ideal notion of an inclusive, egalitarian society that they strive to live in.
In the midst of the struggle for genuine universal suffrage, these changes are occurring within my generation of Hong Kong youth.
Florence Lee, a student at the University of Cambridge, serves on the executive committee of the university's Hong Kong and China Affairs Society
Girl sent to children's home for drawing flowers on Occupy's 'Lennon Wall' freed after outcry
Girl spent two nights at children's home after police applied for a child protection order
The chalked flowers were drawn around an Occupy umbrella symbol. Photo: SCMP Pictures
Questions are hanging over the police's court application for a child protection order that subjected a 14-year-old girl to two nights' detention in a children's home before she was released on bail yesterday.
The decision to release her overturned an earlier detention order that sparked widespread criticism over the police's handling of minors.
The girl was arrested before Christmas for allegedly scribbling graffiti on a wall near government headquarters in Admiralty after the Occupy Central protests had ended.
She could have spent two more nights at the home but for Mr Justice Louis Tong Po-sun, who arranged for an urgent hearing last night after learning that the Department of Justice did not object to allowing bail.
"This is about an application for a Care or Protection Order at a magistrate's court," the High Court judge said. "[The court] should consider the girl's best interests as it is not a criminal case."
He granted bail up to January 19 on condition that the girl live with her father, continue her studies and obey a curfew from 10pm to 6am unless accompanied by her father, sister or a social worker. She must then appear in Tuen Mun Court to see if the protection order is needed.
The police said they would consider only a child's best interest and political concerns would not come into play.
On December 23, the girl allegedly drew flowers using chalk on Occupy's "Lennon Wall", which used to be plastered with notes of support for the democracy movement. She was held at a police station for 17 hours.
On December 29, Tuen Mun Court granted the police's application and sent her to the home. A solicitor filed a bail application yesterday that was to be heard tomorrow, but Tong intervened and brought forward the case.
Another of the girl's solicitors, Patricia Ho, said she was shocked as police had failed to consult social workers or show evidence that she was not well cared for at home, adding: "I cannot see any urgency in this case that requires them to apply for the order."
Lawmaker Wu Chi-wai of the Democratic Party said police and prosecutors applied for such orders only if they believed the child might harm others or be hurt by living with the family. "The police's action is incomprehensible," Wu said. "It raises doubts about whether the case involved political persecution."
Civic Party lawmaker Claudia Mo Man-ching said: "If the girl had not drawn on the Lennon Wall but somewhere else in the street, would they have made the same application?"
About 40 people on Thursday gathered at the Lennon Wall to condemn what they called "political persecution at its new low".
"Police knew it would not stand a chance at court but they are still doing this to scare those who dare to speak up, including children," said Yip Kwai-ho, in her 60s, who still camps in the street outside the government headquarters as a last vestige of the Occupy blockades.
"Those in power should never have left this political problem to the police," she said.
In a separate case, a 14-year-old boy could also be removed from his parents’ care after being arrested when police cleared a protest camp in Mongkok in late November, the Agence France-Presse reported.
Police told the news agency they do not have a total figure for the number of minors detained during the pro-democracy protests. But some as young as 13 were arrested at small Christmas protests in Mong Kok, according to police statements.
Additional reporting by Stuart Lau, Clifford Lo and Samuel Chan
40 return to Admiralty Occupy site in show of support for arrested girl
People return to government headquarters to protest "new low for political persecution" after 14-year-old spends two nights at Tuen Mun Children and Juvenile Home
A police officer prevents further chalk graffiti.Photo: Sam Tsang
About 40 people returned to the Admiralty Occupy site yesterday to condemn what they called a new low for "political persecution" and to voice support for a 14-year-old girl who was arrested on December 23 for allegedly drawing two flowers with chalk at the site.
The child spent two nights at Tuen Mun Children and Juvenile Home before the High Court overturned the decision yesterday and released her on bail up to January 19, on condition that she lives with her father, continues her studies and obeys a curfew from 10pm to 6am.
"The police knew they would not stand a chance [of conviction] at courts but they are doing this to scare those who dare to speak up - and that includes children," said Yip Kwai-ho, a woman in her 60s who continues to camp in protest on the pavement outside government headquarters. "Those in power should never have left this political problem to the police."
Police yesterday fenced off what was known as the "Lennon Wall" - which during Occupy was plastered with colourful notes calling for full democracy - only after a few people scribbled "Down with CY [Chief Executive Leung Chun-ying]" on the concrete slab, near the government headquarters.
Arguments broke out when one officer was alleged to have pushed the crowd away with his belly. "He offered no explanation and kept telling us to leave," said Au Yiu-kai, a doctor who led a team of first-aid volunteers during Occupy.
Civic Party leader Alan Leong Kah-kit said the party's lawyers would provide free legal assistance to the protesters, adding that many people, including the party's chairwoman Audrey Eu Yuet-mee, plan to raise funds to help arrestees who were not receiving legal aid.
The chalked flowers were drawn around an Occupy umbrella symbol. Photo: SCMP
After fencing off the "Lennon Wall" at the former Occupy protest site in Admiralty last week, police relented yesterday, letting members of the public draw on the concrete in chalk.
The U-turn came as more supporters of a 14-year-old girl arrested for criminal damage on December 23 gathered at the site on Harcourt Road.
The girl was sent to a children's home last week for allegedly drawing two flowers in chalk on the wall which, during the protests, was covered with thousands of colourful paper notes bearing pro-democracy messages. Those who turned up at the site to support the girl last week were stopped when they tried to chalk slogans on the wall.
Last night, a police spokeswoman said only that the wall was not under its management and officers would act only when asked to by officials. It is managed by the Leisure and Cultural Services Department, which has put up "No graffiti" and "Post no bills" signs since the girl's arrest.
Meanwhile, the teenager, who cannot be named for legal reasons, has thanked the public for their support in an open letter on her Facebook page, signing off as "Chalk Girl". The girl spent two nights at the Tuen Mun Children and Juvenile Home before the High Court overturned an earlier court order for her to remain there for three weeks. She was released on bail until January 19.
"Ever since my arrest, I have been moved by the amount of support I have received and that makes me feel no longer alone," she wrote. "I am just a 14-year-old and an ordinary Form Three student. What happened caught my family and me by surprise and is … beyond what we can handle.
"Adhering to senior counsel Martin Lee Chu-ming's advice, I hope every one of you, elder brothers and sisters who work in the media in particular, can give us some space. My family and I wish to face this together in peace so we will say no to all requests for interviews. I hope to spend the next two weeks together with my family and stay at home to think."
Student group Scholarism said over 55,000 people signed a petition demanding to know why a protection order was sought.