【編按：壹傳媒創辦人黎智英、李卓人及何俊仁等 10 名民主派人士，被指前年 10 月 1 日組織及明知而參與未經批准集結等罪。各被告早前認罪，法官胡雅文今（24日）在區域法院聽取求情。被告之一的何秀蘭由律師代表陳情，指政府和香港市民的互相信任在過往被嚴重破壞，是香港的不幸。何秀蘭相信，和解是終極出路，並必須在和平中懷抱信心，也必須相信香港人。】

何秀蘭陳情書中文版，由記者所翻譯，文末附有英文版原文，內容以此為準。

法官閣下，

容許我在此分享，我一直如此重視香港言論自由及集會自由的原因。

當我在加拿大完成學業後，急不及待回港，因為我很希望見證回歸這歷史時刻。80 年代早期至 90 年代間，我在紡織業工作，也因此經常穿梭中國大陸各地，見證中國改革開放以及國家的經濟進程，並把管理技術帶到內地廠房，令我自覺都是促使國家進步的一份子。我當時以中國人的身分為榮，同時也開始更理解貧窮及法治的重要。

我出身自草根家庭，我家人與另外 8 家人住在一個只有 700 平方呎的單位，屋內總共擠了 60 人，還有不計其數的老鼠，偶爾甚至有蛇。單位內成人沉迷賭博，有些年輕人死於結核病、沉迷毒品，也有些年輕女生長大後成為了妓女。我的母親堅持送我們去讀書，造就我們一家成功脫貧。這也是為什麼我一直熱衷於教育、家庭養育、給予未成年犯機會改過自身的原因。不過，我的童年經歷與內地的貧困相比，簡直是小巫見大巫。

除了寒冷和飢餓之外，內地的貧困也意味著人們需要放棄自尊，還有變得腐敗。我記得有一次，在我們離開餐廳之前，有途人從我們餐桌上拿走剩菜，甚至因此與女服務員吵架。同一天晚上，我被邀請到工廠晚膳，酒水無限供應，吃了二十多道菜。我還記得有三大碗甜點，足夠 10 人份量，但所有食物幾乎沒有動過。我想，他們是故意剩下食物，而這些食物最終會送到工廠高層的廚房裡，這就是貧窮造成的濫權。

當時，人們不信任警察，當有路人被發現違規過馬路時，會被罰款人民幣 3.50 元，但警方不會發出正式罰條。如有違規者堅持要罰條，罰款將提高到人民幣 5 元，這是我北京同事的親身經歷。

於是，百姓都選擇以暴力解決衝突，而非報警。我曾看到有行人差點被自行車撞到，該名行人將騎自行車的人推倒，引致對方受傷，這就是人們不信任執法機構時，保護自己的方式。

當我們與工廠管理層會面時，生產經理和市場經理均會在場，但最終決定權總是交給沒有市場經驗的經理。後來，我才知道他是駐工廠的共產黨代表。專業代表的建議經常遭黨代表拒絕，即使黨代表的決定可能對工廠不利，也沒有人膽敢反對。

雖然如此，曾與我共事的人都是善良的人，他們是深情的父母、孝順的兒女，只是，他們都很安靜。

當人們不敢大聲疾呼去阻止政府或任何機構的不當行為時，腐敗就會如雨後春筍般增長，就連文化大革命或大屠殺之類的反人類罪，也全都無法制止。在這種情況下，個人的貪婪、復仇心態也使人無所適從。之所以會造成進一步傷害，因為社會失去了制衡能力，去應對制度崩潰。

我希望香港在主權移交後不會走上同樣的路，民意對於防止管治失當必不可少。對當權者而言，集會和抗議是令人討厭的。當反對派要求辯論和審議某議題，雖然會減慢行政工作，但同時亦可避免不可逆轉的破壞。我相信和平集會、反對派的聲音對社會有益，一個負責任的政府需要聆聽人民的聲音。

《公民權利和政治權利國際公約》保障了集會和言論自由，其目的是通過和平手段去解決衝突，避免發生違反人性的罪行。

目前的行政機關顯然沒有傾聽人民的聲音。現在，立法機關再沒有任何反對意見，所以民眾都寄望司法機構可以維護公義。

對於香港來說，不幸的是，過去兩年，政府與香港人之間的互信嚴重受損。為了防止憤怒和不信任情緒升溫，我認為和解是最終的出路。我希望我們都能汲取教訓。我們必須相信和平，亦必須信任香港人。

何秀蘭

*　*　* 

Your Honour,

If I may, please allow me to share why I hold freedom of expression and freedom of assembly so dearly for Hong Kong.

After my study in Canada, I couldn’t wait to come back to Hong Kong, because I wanted to be here for the historical moment of the handover.

I worked in the textile industry, and traveled extensively in Mainland China from early 80’s to mid 90’s. During that time, I witnessed the opening up of China and the economic progress of the country, thinking that I was also part of the process when I brought management skills and business to factories. And I took pride in that as a Chinese. There and then, I also acquired better understanding of poverty and the importance of rule of law.

I came from the grassroots. My family was one of the nine families living in a seven hundred square feet unit. The flat was densely populated with 60 people, with countless rats and occasionally, snake. Parents were addicted to gambling. Young men died of tuberculosis, some turned addicted to narcotics, young girls grew up to be prostitutes. My mother insisted on sending us to school, and as a result, our family got out of poverty. That is why I was keen on education, good parenting and giving second chance to young offenders. But my childhood experience is nothing compared to the poverty in the Mainland.

Besides coldness and hunger, poverty in the Mainland meant giving up self-respect and corruption practice. I still remember the time when customers in the same restaurant would come over to grab the leftover from our table before we left, and even had a fight with the waitress over the right to claim the leftover food in our presence.

And on the same evening, I was treated to dinner in the factory, with rounds and rounds of drinks, and over 20 courses of meals. There were three big bowls of dessert for 10 people. The food was barely touched. I could imagine that it is a creation of leftover food on purpose. They would be ended up in kitchen of the factory’s senior management. It’s sheer abuse of power caused by poverty.

People did not trust the police. When a pedestrian was caught jay walking, he would be fined for RMB 3.50 with no receipt issued by the police. If the offender insisted on having a receipt, the fine would be increased to RMB 5.00. That was personal experience of my colleague in Beijing.

Common folks resolved conflict with violence without reporting to the police. There was a time when I saw a pedestrian who was almost hit by a bicycle. The pedestrian pushed the cyclist away, and it was the cyclist who was injured. That was the way people protect themselves when they don’t trust the law enforcement.

When we had meetings with the factory management, the production manager and marketing manager would be present, but the final say always went to a manager without portfolio. I learnt later that he was the representative of the Communist Party stationed in the factory. Quite often, the recommendation by the professional got declined by the Party representative. Yet, nobody would dare oppose even though his decision might not be good for the factory.

Having said all these, people that I have worked with were good natured people. They were affectionate parents, dutiful sons and daughters. But they were all very quiet.

When people dare not speak up to stop the wrongful deed of the Administration, or any institution, corruption grows like mushroom, even crime against humanity like the Cultural Revolution or holocaust could not be stopped, in which, personal greed, vengeance took the convenience to do further harm because there was no check on abuse of power when systems collapsed.

I wished Hong Kong would not go onto the same path after the handover. Voice of the people is indispensable for prevention of mis-governance. Rallies and protests are nuisance for those in power. Opposition who asks for debate and deliberation would slow down the executive branch, but it helps to avoid irreversible havoc. I believe that peaceful assembly, the voice of opposition, is beneficial to the community. It is the duty of a responsible government to let the voice of the people be heard.

Freedom of Assembly and Expression was provided for in the ICCPR International Covenant of Civil Political Rights, which is meant to resolve conflict with peaceful means and to avoid another crime against humanity.

The present executive branch apparently does not have a listening ear to the voice of the people. Now, there is no opposition in the legislature. The community looks upon the judiciary to uphold justice.

It is unfortunate for Hong Kong that mutual trust between the Administration and Hong Kong people was severely undermined in the past two years. To prevent anger and distrust from upward spiraling, I believe reconciliation is the ultimate way out. I wish we have all learned a lesson. We must have faith in peace, and we must trust the Hong Kong people.

With these words. I yield myself to Your Honour.

Ho Sau-lan, Cyd