[asia-apec 76] Conviction of toy campaign labour activists

[AMRC]

Asia Monitor Resource Center
444-446 Nathan Road, 8/F B, Kowloon, Hong Kong
Tel: (852) 2332-1346     Fax: (852) 2385-5319     E-mail: amrc at hksuper.net

WE ARE NOT GUILTY
- a statement by 5 convicted toy campaign activists

Why we have to demonstrate outside the HK Convention and Exhibition Center?

Driven by higher profits, numerous HK toy manufacturers disregarded
industrial safety and health when they established plants in China and SE
Asia.  Accidents repeated after one another, injuring thousands of workers
while tens of thousands are working in hazardous conditions.  The following
are just a few examples -

1. Thai Kader fire in May 10, 1993 killing 188 workers and more than 1,000
injured;
2. Shenzhen Zhilli factory fire in Nov. 11, 1993 killing 87 workers;
3. Two workers died from inhaling toxic gas in a Boan toy factory;
4. In 1995, several workers died from over work in a Shenzhen toy factory.

In 1994, a "HK Coalition for the Safe Production of Toys" was formed by
several labour organisations, having the purpose of improving industrial
safety and defending workers' lives and dignity.  A Charter on the Safe
Production of Toys was formulated, and was endorsed by several dozens of
overseas labour organisations and NGOs.  Since then, the Coalition has been
demanding the HK Toys Council to adopt the said Charter by making pledges to
improve industrial safety and be monitored by an independent body.

So far, some US, European manufacturers and buyers are preparing a code of
business practices which is ignored by the HK business people.  For the past
two years, the Coalition organised peaceful demonstrations outside the HK
Convention and Exhibition Center where the annual HK Toys Fair was taking
place, demanding the HK Toy business people to endorse the said Charter.


Peaceful demonstrators cordoned off by HK Police and security guards

On 10 Jan. 1996, members of the Coalition accompanied industrial accident
victims and overseas labour activists proceed to the HK Convention and
Exhibition Center for a demonstration.  However, we were led to a designated
distant corner, far away from the main entrance of the building.  We were
cordoned off by barricades guarded jointly by the several dozen police and
security guards.  Our demonstration was not able to carry out as scheduled.

We protested and demanded the police to release us from the restricted area.
We queried why we were not allowed to distribute leaflets at the entrance
which we had done exactly the same thing last year.  Our appeal turned to
deaf ears.  After nearly one hour being cornered, we argued and tried to
leave but the police and security pushed us back.  Several demonstrators
felt sick or hurt and were sent to the hospital.  Finally we were able to
leave the corner under the watchful eyes of the police and security guards.
On our way to the other entrance of the Center we were abruptly stopped by
the police and the security so we stayed at the driveway near the exit.  We
proposed to the security chief that we would leave after performing a street
drama.  The chief promised but his subordinate served us warnings.  Since we
considered the chief as the officer-in-charge we continued our peaceful
demonstration as promised.


Confusion created by the security, suppression by the police

Before we were able to end the street drama, the security guards suddenly
pushed their way into the crowd with fists and kicks, knocking down several
demonstrators (including handicapped accident victims), tearing and
destroying banners and placards.

The police not only tried to stop the violence conducted by the security but
to arrest six demonstrators under the fabrication of "maintaining law and
order".  Two months later, they were all charged "disorderly conduct".  One
of them was charged "assaulting security guards".  Our claim of being
assaulted and properties damaged was rejected.


Peaceful demonstration becomes a crime, civic rights not upheld

The magistrate found five of us guilty by accepting the evidence from the
management of the Center and the police.  The reason given is in a private
premise our demonstration should follow the instruction of the owner.  Thus,
he put the blame on the demonstrators for the confrontation caused by the
use of violence by the security to clear us.  This is a logic which sides
with the those in power and who are rich while denying the facts.  Our
demonstration against the Toys Fair outside the Center is different from a
demonstration outside a private home; which is identical to a sit-in/ strike
by the workers in factory buildings or commercial complex for improving
working conditions or demanding to recover wages in arrears.

Furthermore, the HKTDC and the Center is supported by public money directly
or indirectly which act as a quasi governmental body.  Its activities are
seen as promoting HK business image, and if peaceful demonstration is
prohibited, it will be unjustifiable.  This judgement will nevertheless
further limit the space of labour movement.

The HK government in 1991 adopted the Bill of Rights Ordinance which on the
surface looks as if our basic rights are protected.  But this case clearly
demonstrates the hypocracy of the government by enforcing the outdated
Public Order Ordinance continuously for the benefits of the rich and those
who are in power to suppress our freedom to express our opinion.

We strongly demand - The Public Order Ordinance being too powerful a tool
used by the government to suppress those exercising civic rights.  Thus, we
demand an overall review of the law and delete the clauses that are
contradictory to human rights standards such as the rights to procession,
assembly, association, publishing and freedom of expression.

We appeal - Try to think about this: if we are barred from collective action
to recover our wages, redundancy payments from our employers;  if public
housing tenants are not allowed to demonstrate outside the Housing Authority
when the government decides to increase the rents; then the grassroots
people will become easy targets of the rich and those in power.  Peaceful
demonstration and the right to assembly are basic human rights.  Without
these our rights will be much more circumscribed and reduced.  In this case
the outdated law was used to suppress social movement, manipulated by the
judiciary to condemn us which is a clear cut action of violating human
rights.  We have to stand up to change this situation to add pressure
against those who are in power.  We appeal all workers should be concerned
and to participate to fight for our own rights!

Please come to charing meeting with the convicted activists:

Date: 13 September 1996 (Friday)
Time: 2:00 P.M.
Venue: CTU  --    2/F, 101 Portland Street, Yaumati