Asian-Americans Are Being Attacked. Why Are Hate Crime Charges So Rare?
On a cold evening last month, a Chinese man was walking home near Manhattan’s Chinatown neighborhood when a stranger suddenly ran up behind him and plunged ( ) a knife into his back.
For many Asian-Americans, the stabbing ( ) was horrifying, but not surprising. It was widely seen as just the latest example of racially targeted violence against Asians during the pandemic.
But the perpetrator ( ), a 23-year-old man from Yemen, had not said a word to the victim before the attack, investigators ( ) said. Prosecutors ( ) determined they lacked enough evidence to prove a racist ( ) motive ( ). The attacker was charged with attempted murder, but not as a hate crime ( ).
The announcement outraged ( ) Asian-American leaders in New York City. Many of them protested ( ) outside the Manhattan district attorney’s office, demanding that the stabbing be prosecuted as a hate crime. They were tired of what they saw as racist assaults being overlooked ( ) by the authorities ( ).
The rally ( ) reflected the tortured ( ) public conversation over how to confront ( ) a rise in reports of violence against Asian-Americans, who have felt increasingly vulnerable ( ) with each new attack. Many incidents have either not led to arrests or have not been charged as hate crimes, making it difficult to capture with reliable data the extent to which Asian-Americans are being targeted.
That frustration erupted on a national scale ( ) this week after Robert Aaron Long, a white man, was charged with fatally shooting eight people, including six women of Asian descent ( ), at spas in the Atlanta area on Tuesday night.
Other incidents that clearly seemed racially motivated have not resulted in arrests. The police are still searching for a man who called an Asian-American mother the “Chinese virus” and spat ( ) at her child in Queens last week.
In New York State, to charge ( ) such attacks as hate crimes, prosecutors would need to show that the victims were targeted because of their race.
But proving a racist motive can be particularly difficult with attacks against Asians, experts say. There is no widely recognized symbol of anti-Asian hate comparable to a noose ( ) or a swastika ( ). Historically, many Asian crime victims around the country were small-business owners who were robbed, complicating ( ) the question of motive.
Under New York State law, certain offenses can be upgraded to hate crimes, increasing the potential prison sentence ( ). As evidence, prosecutors often point to hateful verbal statements or social media posts by the defendant ( ).
In the past month alone, several assaults ( ) on Asian victims have been reported to the police, including an attack on an older woman who was pushed outside a bakery in Queens. None of the incidents has been charged as a hate crime.
In fact, the only person who has been prosecuted for an anti-Asian hate crime in New York City this year is Taiwanese. He was accused of writing anti-Chinese graffiti outside several businesses in Queens.
Wayne Ho, president of the Chinese-American Planning Council, a social services agency, said many of his Asian colleagues were verbally harassed ( ) during the pandemic but chose not to alert law enforcement because they worried the perpetrators, who were often people of color, could be mistreated ( ) by the police.
“I asked myself, do I want this person in jail?” said Alice Wong, one of Mr. Ho’s colleagues. “Just because you put someone in jail doesn’t make them not hate anyone anymore.”
Recognizing ( ) this challenge, some law enforcement officials have called for people who commit hate crimes to attend antiracism classes as an alternative ( ) to prison.
為何針對亞裔的暴力襲擊難以被控仇恨犯罪?
上月一個寒冷的晚上,一名華裔男子在曼哈頓中國城社區附近步行回家時,一個陌生人突然跑到他身後,把刀刺進他的後背。
對許多亞裔美國人來說,這起事件令人驚恐,但並不意外。人們普遍認為,這只是在疫情期間針對亞裔的種族暴力的最新例子。
但調查人員表示,行兇者是一名23歲的葉門男子,他在襲擊前沒有對受害者說過一句話。檢察官認為缺乏足夠的證據來證明種族主義動機。襲擊者被指控謀殺未遂,而不是出於仇恨犯罪。
這一聲明激怒了紐約市的亞裔美國人領袖。他們中的許多人在曼哈頓地區檢察官辦公室外抗議,要求以仇恨犯罪的罪名起訴。他們厭倦了他們眼中的種族主義攻擊被當局忽視。
這次集會反映了對於如何應對暴力侵害亞裔美國人的報導增多,公眾開始了痛苦的討論。每一次新的襲擊都讓亞裔美國人感到越來越脆弱。許多事件要不是沒有逮捕任何人,就是沒有被指控為仇恨犯罪,因此很難用可靠的數據來了解亞裔美國人在多大程度上成為攻擊目標。
在白人男子羅伯特•亞倫•朗(Robert Aaron Long)被控週二晚在亞特蘭大地區的水療中心開槍打死八人(其中包括六名亞裔女性)後,這種不滿情緒本週在全國範圍內爆發。
其他明顯帶有種族動機的事件並沒有導致逮捕。目前警方仍在搜尋一名男子,此人上週在皇后區稱一名亞裔美國母親為「中國病毒」,並向她的孩子吐口水。
在紐約州,要指控此類襲擊為仇恨犯罪,檢察官需要證明受害者是因其種族而成為攻擊目標。
但專家表示,在針對亞裔的攻擊中,證明種族主義動機可能特別困難。沒有一種被廣泛認可的反亞裔仇恨象徵可以對應套索或納粹符號。歷史上,全國各地的許多亞裔犯罪受害者都是被搶劫的小商店業者,這使得動機問題變得更加複雜。
根據紐約州的法律,某些犯罪行為可以升級為仇恨犯罪,從而增加潛在的監禁刑期。作為證據,檢察官經常指出被告充滿仇恨的口頭聲明或社群媒體發文。
僅在過去的一個月中,警方就接到了數起針對亞裔受害者的襲擊報告,其中包括在皇后區一名老年女性被推出一家麵包店。沒有任何事件被指控為仇恨犯罪。
實際上,紐約市今年因反亞裔仇恨罪被起訴的唯一一人是台灣人。他被指控在皇后區的幾家商店外塗鴉反華內容。
社會服務機構華裔美國人規劃委員會(Chinese-American Planning Council)主席韋恩•何(Wayne Ho)表示,他的許多亞裔同事在疫情大流行期間受到了口頭騷擾,但他們選擇不向執法部門報告,因為他們擔心騷擾者(通常是有色人種)可能會受到警方的虐待。
「我問自己,我想讓這個人進監獄嗎?」韋恩•何的同事愛麗絲•黃(Alice Wong)說。「把一個人關進監獄並不會讓他們不再憎恨任何人。」
認識到這一挑戰,一些執法官員呼籲犯下仇恨罪行的人參加反種族歧視課程,以替代坐牢。
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眾籌支付誹謗案相關費用
還原721襲擊真相
Crowdfunding Campaign for paying fees in the defamation case
Restore the truth of 721 Yuen Long Attack
2019年7月21日,相信不少人對當晚元朗所發生的事仍舊歷歷在目,亦改變了不少人的一生。我在當晚於手機、電視目擊住於元朗發生的一切,因而決定挺身而出,再次躺進這趟政治渾水,參與區議會選舉,為掃除建制惡勢力出一分力。然而,即使當上區議員,政治打壓令我們工作舉步為艱,我亦在近日收到昔日選舉對手的誹謗案入稟狀。
在此艱困的狀態下,我沒有退讓的空間,只能選擇迎難而上,將事實在法庭當中陳述。我會善用法庭審訊的機會,將有關721事件的真相在法庭審訊羅列出來,將其作為事實核證的一大平台。我亦會把握機會在傳召證人和盤問過程,將721事件的種種疑團,包括事前流傳的信息真確性、白衣暴徒的關係網、政商關係網絡於審訊中一一揭露,真相愈辯愈明。
作為獨立民主派,我並無任何組織支持,亦沒有昔日選舉對手的龐大財政資源。由於法律援助並不涵蓋誹謗案件,我需要一力承擔有關法律經費(包括聘請律師與大律師的費用、法庭相關費用等)。在面對沉重的財政壓力下,我需要向大家籌募訴訟的經費,以應付相關的開支,懇請大家能夠鼎力支持。我將會利用籌募到的款項,用作法律費用和眾籌平台開支之外,同時亦會聘請一名員工專責搜集721證據及重溫不同媒體片段,以助法庭審訊和其他721事件民間調查工作。
假如我最後獲賠訟費或有盈餘,我會將有關餘額和盈餘撥捐予抗爭者支援組織。
A lot of us still relive what happened in Yuen Long on July 21, 2019, as it changed the lives of countless. After witnessing what happened there that evening via live streams on my phone and television, I chose to step forward and, again, devote myself to the political orbit. I thus participated in the district council election and committed to the eradication of the pro-establishment evil forces in the legislature. However, political repression still exists in the district council and hurdles our work - I just received the summons of the defamation suit filed by my former opponent in the election.
My only way out in this time of adversity is to present the facts in court, where I can make use of the court trial as a fact verification platform to state the truth of July 21. I will also seize the opportunity in the process of subpoena and testimony to expose the qualms of July 21, including the authenticity of the information circulated beforehand, the network of the white-shirted thugs, and the complex business-government relationships.
As an independent democrat, I do not have any organizational support, nor do I have vast financial resources as my late opponent does. Besides, since the legal aid scheme does not cover defamation cases, I must pay the legal expenses, including the cost of hiring lawyers and barristers and court fees, on my own. In the face of tremendous financial pressure, I must plead for help by raising funds for litigation from you to meet the legal expenses. I will use the funds for the legal services required and hiring an agent to collect evidence and review media clips of July 21 to help court trials and other private investigations concerning the incident.
If there is a surplus in the final reimbursement of litigation costs, I will donate the remaining balance to the organisation or fund supporting activists.
眾籌目標:80萬
分配如下:
律師及大律師聘請費用:50萬
眾籌平台費用:約5萬
聘請1名員工跟進721檔案:25萬
我將會每3個月發佈財政報告,說明有關開支的使用情況。
Crowdfunding Target: HKD 800,000
Distribution:
Solicitor and Counsel Fee: HKD 500,000
Crowdfunding Platform Fee: Around HKD 50,000
Employ a staff to follow the documentaries and records on 721 attack: HKD 250,000
I will announce the financial report of this fundraising project every three months to explain the expenditure of the funding.
眾籌平台連結:
http://gogetfunding.com/tommycheungdefamation/
銀行帳戶:恆生銀行290-580935-882
轉數快(FPS)識別碼:2904647
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#立會去留 #RTHKLettertoHK
Participating in the upcoming extended term of the legislative council is, I feel, the lesser of two evils. Of course the one-year postponement of the election which should have been held this month was an anti-democratic trick by the government to avoid facing the voters. The extended term surely lacks legitimacy in the public eye.
But with liberal and democratic institutions being constantly undermined by an executive seeking to bring the other arms of government under its control, we must take every opportunity to voice our concerns, use every forum to fight back in the interests of Hong Kong’s governance, and the promises enshrined in the Basic Law.
Of course previously I’ve had my reservations about staying on, as it would mean accepting a quasi Beijing appointment in an un-elected legislature, ie without the people’s mandate. I’ve had my moments of a psychic tug-of-war.
It’s also understood that many of our young view some of the veterans in the democratic camp as washouts, that they belong to an earlier civilisation and should have been “outed” anyway. Some online criticism would go as far as, and I quote, “Can’t let go of the pay and the glory associated with a Legco seat, can you? Like you are being thrown a bone, a bone only but you can’t wait to go get it”, unquote.
Amongst the democrats I’m probably, probably, the one with the least
political baggage: The fact that I do not have a political party background; that I’m not young and as a result I wouldn’t need to worry too much about career development or prospects. And so perhaps I am more able to consider the “stay or quit” question with an even more free mind.
What’s happened is the number of pro-democracy legislators has already been thinned by legal manoeuvres to oust elected members. But we can perhaps muster just enough votes to deny the pro-government camp absolute control over the council.
Unrepresentative though it is, the council often is not just a talking shop and rubber stamp. It does have some ability to query officials, demand information and make constructive criticism of government proposals and policies. Even when the criticism is not particularly constructive, or some would even call it destructive, it could at least help vent public anger and frustration.
We need opposition voice to at least better health policy, labour rights, pollution, education and public transport problems.
Between now and next September we should be able to show Hongkongers that we can be of value in fighting for their interests. Although the system remains heavily weighted against us, the legislature remains a place where we can stand up, on the spot, against the arrogance and incompetence of the administration.
We don’t just make noise, we carry on to serve as the voice of the people. We shouldn’t become outsiders looking in. We need feet on the ground.
Sure we could be running into a storm without even an umbrella. Things could get painful. It’s so much easier to quit. But to quit would just be taking a placebo line. We cannot pretend the pain is not there, we just need to deal with it, fight it.
The lawmaker capacity does carry a degree of power. Once I called the agriculture and fisheries department, demanding to speak to the department head, saying it’s a matter of utter emergency. What was happening that day was a government wild pig hunting team armed with Remington's was scheduled to go to a village, provoking an unnecessary but possible violent standoff between villagers and animal rights campaigners.
My little intervention was successful. The AFCD head heeded and cancelled the hunting mission that day. And thanks to joint efforts on the civil society and Legco fronts such wild boar hunting squads have now been scrapped altogether.
Another episode that has been lodged in my head involved what happened on August 31 last year. Speculation was rife that there were fatalities inside the Prince Edward MTR station that evening, at the peak of our protest movement. I made a number of official enquiries and subsequently managed to have a face-to-face meet-up with the fire services chief.
Although in the end neither the police nor the fire department could satisfactorily explain the discrepancies in the number of injured and the state of injuries, at the time it was the only way to prompt —- if not force —- the civil servants involved to do their explaining in public, to the media.
It’s experiences of the kind that help to solidify my opinion that democrats should remain on the inside. Because of what we do, a lot of incompetence and hypocrisy, sometimes even some crookedness get exposed.
Beijing loyalists and the pro-government type would keep on politely tip-toeing around issues so as not to offend the authorities, they would keep on spinning mistruths, the democrats can counter that performance.
At a time when Hong Kong is politically, financially going down the tubes, with our young in particular feeling helpless, at a time when hope seems to be dismissed and punishment dealt, when discontent could morph into pure hate and antipathy to the government, democrats should help by not abandoning any battleline.
Anyone who wants to query government policies, draw attention to abuses, obtain information now faces increasing difficulties.
Assembly is restricted. People have to guard their words. Much mainstream media simply reflect official policies and journalists now have to be approved by the police to be treated as such. However inadequate it may be, the legislative council remains a forum for questions and comment, and is widely reported.
And popularly elected legislators in particular have standing which cannot be ignored at home, and they are also focus of foreign inquiry about Hong Kong issues. Journalistic institutions magnify the impact of such individuals who would otherwise find themselves crying in the wilderness, lone voices without a platform. Legco is a platform, however shaky.
If results of an opinion poll —-expected by Tuesday —-commissioned by the Democratic Party tell us to go —- easy, we’ll just pack up.
But Im hoping for the opposite. I for one would want to keep staying on the Legco frontline, standing up for what I believe. Nothing egotistical about it. We will simply take what's left and fight it out.
I’m prepared to take the lesser evil.
XXX
https://www.rthk.hk/radio/radio3/programme/lettertohongkong
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Other videos:
How Would You Escape North Korea? (The 7 Choices): https://youtu.be/6A0ZOkMDLw0
10 Things You Didn’t Know About FUKUSHIMA NUCLEAR DISASTER: https://youtu.be/HpOG4WFKBZQ
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10 THINGS YOU DIDN'T KNOW ABOUT THE 2011 JAPANESE TSUNAMI & TOHOKU EARTHQUAKE
(TOHOKU DISASTER) 東北地方太平洋沖地震 (March 11th)
The most powerful earthquake ever recorded to have hit Japan. A 9.0 magnitude. This of course triggered a massive tsunami that wrecked the north eastern coastline.
Japan was simply not as prepared as they thought they were for such a disaster. If that wasn’t bad enough, there was a Level 7 nuclear emergency at the Fukushima Daiichi Nuclear Power Plant comparable to Chernobyl.
1) Every 800 to 1100 Years
From analysing the Holocene sequence in the Sendai area, it’s known that sometime between 1000 BC and 500 BC, a massive tsunami-generating earthquake hit the area.
Then in 1 AD, it hit again.
Over 800 years later, The Sanriku Earthquake and Tsunami of 869, devastated the same area in and around Sendai.
That’s 3 events of similar type and magnitude in the same region all in the last 3000 years. This indicates a recurrence interval of 800 to 1100 years. We were due another one...
2) Antarctic Ice
Seismic waves increased the flow of the Whillans Ice Stream in Antarctica, which is essentially a moving ice river. Sea waves, having traveled 13,000 km broke icebergs the size of Manhattan off the Sulzberger Ice Shelf.
3) Planetary Changes
The Earth’s axis shifted by 10 to 25 cm, which changed the tilt of the planet and the length of a day-. That’s right; the redistribution of Earth’s mass shortened our day by almost two microseconds.
4) Costliest Natural Disaster
The 2004 Indian Ocean earthquake and tsunami, $15 billion
The 9/11 Terrorist Attacks, $20.7 billion
Hurricane Katrina in 2005, $45 billion
The 2008 Sichuan Earthquake in China, $148 billion
The 2011 Tohoku Earthquake and Tsunami in Japan? Over $300 billion
5) Gaman
In Japan, immediately following the earthquake, there was a notable lack of disorder.
People remained calm despite having every right to freak out. They formed orderly lines outside supermarkets even though they were desperate for food. This act of civility is due to what the Japanese call, Gaman.
Gaman means to do one’s best in times of distress, to maintain self control and discipline. There is a national desire to see civility prevail, no matter the circumstances, even when one catastrophe piles onto another.
6) Yakuza Crime Syndicate
Members of the Yakuza, Japan’s organised crime syndicate, helped enforce order on the streets.
7) North Korean Assist
North Korea donated a $100,000 US to the Japanese Red Cross Society, and the late former leader Kim Jong-Il himself sent half a million dollars to Korean residents in Japan caught up in the disaster.
8) Celebrity Aid
All around the world, many celebrities privately donated to the relief effort, including Hikaru Utada, Gackt, AKB48, Girls’ Generation, Jackie Chan, Clint Eastwood, Sandra Bullock, Gwen Stefani, Shakira, Black Eyed Peas, My Chemical Romance, and Lady Gaga.
9) Ghost Passengers
Police have received hundreds of reports from people who have apparently seen ghosts in tsunami-devastated towns. Taxi drivers in particular have reported picking up ghost passengers.
10) Vindicated Mayor
Wamura became the mayor of Fudai, and in 1972, he started construction on a 15.5 meter floodgate. The total cost was 3.56 billion yen. Many residents as well as the village council felt a floodgate of that size was unnecessary. It was reckless spending from a foolish mayor.
The Tohoku tsunami destroying towns along the north eastern coast. Fudai, however, was spared. Wamura’s floodgate had prevented much of the water from coming in. He had saved the town that had doubted him.
Today, Kotaku Wamura is remembered as a hero, the saviour of Fudai.
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