Declaration of the Give-up Action
by Hong Kong Signers of “Charter 08”
Original Intention of the Action
Liu Xiaobo has been sentenced 11 years of imprisonment with deprivation of his political right for two years due to Charter 08. We, signers on Charter 08, have a deep conviction that Liu Xiobo is innocent and we are willing to share the responsibility with him. We, by way of giving ourselves up to the authorities of China, request the Justice Department to punish us – democracy lovers – that have signed on Charter 08.
The Course of the Action
On the 27th December 2009, at 4:05pm, we, a group of 21, having passed through the checkpoint of Hong Kong at the border, marched toward Lo Wu Bridge. A group of 13 to give up, chained with plastic buckles into a line, bearing the words Charter08 on their backs, went slowly toward the other side of the border. Upon arrival at Lo Wu Bridge at around 4:15pm, two journalists from Ming Pao, a photographer and three citizens were dragged to the other side of the border by the suspected police in plain clothes who, crossing the border, launched a sudden attack into the crowd. Three ‘give-ups’ in the front row were caught and dragged to the other side of the border almost at the same time by a few big guys of dubious background in plain clothes.
The remaining 10 ‘give-ups’ (namely those witnesses witnessing the capture) stopped where they were and asked the Hong Kong police for help but failed to get assistance from them. Then these ‘give-ups’ decided to report to the HK police but failed again to obtain their immediate arrangement. Despite failing to offer us immediate arrangement for report, they warned us to hurry to the other side of the border and not to stay in the “restricted area”. Moreover, they were not willing to give us assistance to negotiate with the China’s police at the border and assist us in looking for and taking back our lost companions violently grabbed away by them. Meanwhile, the police separated the ‘give-ups’ and those in transit with iron-horse barriers and defined where we were staying as “demonstration area”. We continued to ask the HK police for help but they were not only unwilling to handle the matter on the spot but also declined to negotiate with their Chinese counterparts at the border. Just at this moment, two people from the China’s side, with a camera and a video camera one by each, took photos of the ‘give-ups’ and others. During the period, the HK police did nothing to stop them. A Hong Kong police in plain clothes kept watching but did nothing to push them back to the other side of the border, only hinting them to leave with eyes not until they finished taking photos of all the ‘give-ups’. Only when the HK police were ready to accept our report did they let the other witnesses, as arranged by the police, leave Lo Wu Bridge to handle the report procedures. The ‘give-ups’ not caught held a press conference at 8:10pm, reporting to the media and the public the details of the incident. Those caught were released at 8:10pm the same evening,
As for the ‘give-ups’ dragged to the other side of the border, upon their entry into China, they were put into a custody room where they were searched with their ID card copied. Among their personal belongs, three books and a notebook computer were confiscated. They requested the police in plain clothes to show their identity and ID cards, but received no response. After photos taken and videos taped, they were brought to an interrogation room separately for interrogation. Apart from their personal data, they were questioned about the purpose of their entering China. The three ‘give-ups’ confirmed that these people were Chinese police since they were chatting and laughing with the police in police uniforms there.
The three then told them their intention to give themselves up, admitting that they had signed on Charter 08, and formally requesting to be prosecuted. But the police told them that they did not know what Charter08 was, nor did they know who Liu Xiaobo was. Finally they were released and sent back to Hong Kong on the ground that they had no valid travel documents.
Reply to the policy accusation
1. Contradictory wording –on the RTHK program “Free Wind – Free Phone ”on 28th December, the police claimed that they had not seen anyone enforce the law from the other side of the border. But on the RCHK program “Set Out on a Fine Day”, the police claimed that they did not know the identity of those in plain clothes and the purpose of their actions.
2. Logically wrong – The police told the media and the public that they had assisted and escorted the ‘give-ups’ to pass through the border, which is equivalent to acknowledging that they had known our intention to cross the border to give ourselves up. Hence, the police’s accusation of our “illegally staying in the restricted area” cannot stand.
3. Erroneous regarding Home-return Permit – The police indicated that if the ‘give-ups’ failed to bring their home-return permits with them, it was equivalent to no intention to cross the border to China. We’d like to reiterate: There is no need to present home-return permit if one wants to contact the law enforcement department; so long as one violates the local rules and regulations, the administration and the law enforcement department should arrest and prosecute the criminals according to the law, regardless of whether they have or not have ID documents with them.
Summary
We are much concerned about the two innocent journalists of Ming Pao and three civilians captured and even more concerned for the three ‘give-ups’ arrested. We are indignant and deeply regret for what has happened – the entry of the police from the other side of the border into the SAR side for enforcement of the law. This incident has enabled us to realize that the personal freedom and security of the Hong Kong people are not well protected as they ought to deserve, that our right to preserve the basic human right has been severely violated; and that the rules and regulations both in China and Hong Kong will severely threaten the right of the Hong Kong people to air their views freely; and that the existence of the so-called spirit of “One state – two systems” only available in name.
13 Hong Kong Citizens willing to share the responsibility with Liu Xiaobo
Dated: 30th December 2009