Lately, I’ve lost my usual rhythm. I keep dragging my feet until Wednesday to start writing my newsletter, clinging to the “deadline warrior” spirit, narrowly finishing each issue on the very night it’s due.
This week, I’ve been even more persistent in my procrastination. By Wednesday morning, I still hadn’t put pen to paper; instead, I headed to the Kowloon City Magistrates’ Courts to observe the case against Book Punch and its founder, Pong Yat-ming, who are accused of operating an unregistered school. The initial pace of the trial was slow. Distracted, I was still mulling over a topic for this week’s newsletter—listening while thinking, thinking while listening. I realized that while the case has nothing to do with Web3, it is deeply connected to the freedom of information and the freedom of association. I decided to try something new: introducing the defendant, Book Punch, and recording the proceedings of this trial.
As this is a criminal case still in progress, I will only discuss the background information and the trial proceedings without offering any personal commentary. I will also suspend the opinion poll for one issue.
One Punch to Wake the Reader
Book Punch is an independent bookstore in Hong Kong. Founded in 2019, it is located on the third floor of an old building at 169 Tai Nan Street. The bookstore’s mission is “One punch to wake the reader,” a name and location that intentionally weave together reading, kung fu, and the Sham Shui Po neighborhood. Interestingly, the “Hong Kong and Kowloon Restaurant and Hotel Workers General Union,” where Ip Man lived and taught martial arts, is just dozens of meters away at 159 Tai Nan Street. This vicinity is also where Ip Man and Gong Er reunited and walked at night in the film The Grandmaster—the very streets where one “sees oneself, sees the world, and sees all living beings.”
The allegation of operating an unregistered school is not Pong Yat-ming’s first criminal case. In 2022, while hosting a reading group for Osamu Dazai’s Blue Bamboo (Memories of Sake), Book Punch provided three bottles of sake for participants to share. Two undercover officers who had signed up for the event arrested him, and he was later charged with violating the Dutiable Commodities (Liquor) Regulations, commonly known as selling liquor without a license. Additionally, because there were no “LeaveHomeSafe” posters or QR code requirements at the venue, he was charged with violating social distancing group gathering limits. Pong pleaded guilty to both charges and was fined HK$12,000.
Is a Language Class an “Education Course”?
Unlike the liquor license case, Pong has chosen to plead not guilty this time. Shortly after the session began, the Magistrate noted that under common law principles, the prosecution must prove the defendant’s guilt; the defendant is not required to prove their innocence.
Pong, who knows some Spanish, explained that he first started learning the language after discovering that the Spanish phrase for giving birth, “dar a luz,” literally means “to bring to light”—a concept that deeply moved him. Furthermore, World Book Day originates from a tradition in Catalonia, Spain, where men give flowers to women and women give books to men on St. George’s Day. Consequently, he organized a Spanish language and culture class last April to help more Hongkongers engage with the country’s language and culture.
The Spanish course was intended to run for 14 sessions. However, on April 23, which was exactly St. George’s Day, five inspectors from the Education Bureau arrived, declared the activity illegal, and collected evidence on-site. Subsequently, Book Punch and Pong Yat-ming were hit with five charges, including “managing an unregistered school” and “permitting a non-registered teacher to teach in a school.”
In court, Pong and his defense counsel—Lawrence Lau, the only defendant acquitted in the “47-person primary election” subversion case whose acquittal was upheld after a government appeal—agreed on basic facts: the floor plan of Book Punch, that a Spanish class was in progress, that there were 12 participants, and that the speaker, Montane Antonio Baro, was not a permitted teacher. However, they disputed the nature of the activity, arguing it was a “hobby class” rather than an “education course.”
Pong stated that before organizing the event, he researched relevant laws online. He found a 2017 response from the then-Acting Secretary for Education, Kevin Yeung, to a query from then-Legislator Shiu Ka-chun, stating that hobby classes do not fall under the scope of regulation and do not require registration.
The Education Bureau considers the purpose, content, and operation mode of a course to determine if it constitutes an “education course” under the Education Ordinance. Hobby classes such as painting, dance, and drama, as well as courses purely teaching skills or techniques, are not regulated by the Education Ordinance and do not need to register as schools if they do not provide educational activities.
— news.gov.hk (Hong Kong Government News)
During his testimony, Pong further argued that the Spanish class had no syllabus, no homework, no tests, no exams, and no certificates. It was “just for fun,” a relaxed way for participants to appreciate Spanish culture. Therefore, he viewed it as a hobby class, and according to both Kevin Yeung’s statement and public understanding, hobby classes do not require a license. Barrister Lawrence Lau argued that the defendant held an “honest and reasonable belief” that organizing the Spanish class was legal.
Defining the Law
In the closing arguments, Lau cited the Education Ordinances of 1913, 1952, and 1971. He pointed out that the core of the dispute—the concept of an “education course”—first appeared in 1952. Since there are no legal precedents regarding the definition of an “education course,” the court should interpret it based on legislative intent.
Lau further stated that while the defense does not dispute that the activity had “educational” elements, they deny it was a “course.” He cited definitions of “course” (課程) from various Chinese dictionaries and the Oxford English Dictionary:
A series of lectures, lessons, or instructional sessions in a particular subject; (chiefly British) a prescribed or planned curriculum or program of instruction in an academic subject, a vocational or practical skill, etc., esp. leading to an examination or qualification.
Lau argued that as the definitions in various Chinese dictionaries offered little reference value, and since in criminal cases where a term has multiple interpretations, the one most favorable to the defense should prevail, he suggested the court adopt the Oxford English Dictionary’s definition. Under this interpretation, the Spanish class—lacking a syllabus, homework, tests, exams, or certificates—clearly did not constitute an “education course” and should not be regulated by the Education Ordinance.
After hearing the testimony and arguments, Magistrate Lam Hei-wei adjourned for twenty minutes before announcing that the verdict would be delivered on April 10.
An Endless Cycle
Though a verdict is expected in a month, it doesn’t mean the matter is settled. Setting aside the fact that both parties have the right to appeal the April 10 decision, even if this case concludes, Pong and Book Punch have already been charged again—this time for violating the Places of Public Entertainment Ordinance. This stems from a “Standup 101 Graduation Performance” held at the bookstore last year following a stand-up comedy workshop. The bookstore and its founder pleaded not guilty last week, and the trial is scheduled for May 5.
Pong Yat-ming wants to stop and simply read in peace, but that seems increasingly difficult.
p.s. After the trial, I went with Pong Yat-ming and Gigi from Book Punch to Wanland Mori, the cafe featured in the cover photo. The lunch was great, the environment is pet-friendly with outdoor seating, and most importantly, it wasn’t crowded. I ended up staying there to work on this article until they closed at 6:00 PM. It didn’t feel like Hong Kong at all; it felt like Taiwan—that long-lost feeling of being able to spend a whole afternoon relaxing in a cafe.
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