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Yasukuni protesters from Hong Kong to face trespassing charges

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@Sakurasuki

Trespassing? Last time I checked, Yasukuni is open to public.

Despite being open to the public, Yasukuni is still a private property.

You can’t disturb the peace/stage a protest in a private property. This is a violation.

11 ( +12 / -1 )

@sakurasuki

So when they don't like you they can claim you as trespasser whenever they like.

Not exactly. There are basically two ways these people could be trespassers. First, everyone is assumed to have an implied license (permission) to enter property open to the general public. However, you only become a trespasser if this permission is revoked and you fail to leave within a reasonable time (which is usually immediately). If you start arguing and you aren't moving, odds are that you'll be deemed a trespasser.

The second possibility is that you could be a trespasser from the very start if you enter with the intention of doing something which you know is beyond the scope of the implied license given to the general public. One clear example would be a shoplifter who enters a store with the sole intention of stealing. Another example might be someone who buys a train ticket and enters a station to beg for money or busk or set up their camera equipment on the platform to take pictures. The implied license granted by the train company probably extends only to getting on a train for transportation purposes. Obviously this is a grey area, but in the case of the shrine the terms of the implied license probably extend only to shrine related activities like praying, visiting the museum or admiring the foliage etc, but clearly not to protests or commercial activity. Without more facts of exactly what happened it's hard to say which of these two types of trespass the police are claiming, but I'm guessing it's just the first.

10 ( +10 / -0 )

@Sakurasuki

So when they don't like you they can claim you as trespasser whenever they like.

Who told you they didn’t like them? The shrine people didn’t even know who those Chine were.

They flew to Japan with the intent to disturb the peace and create mayhem in a place of prayer.

They were rightfully charged for it.

9 ( +11 / -2 )

sakurasuki

Visitors are allowed into the shrine premises to pay respects to the war-dead, not protesting the enshrinement wartime military leaders. And refusing to leave private property also constitutes trespassing.

4 ( +4 / -0 )

First off, the shrine is a private space opened to the public BUT the shrine controls access to who they deem welcome and who are not.

The police cannot charge distrubance of peace within a privately owned property unless the people outside of the shrine complains.

There maybe a Tokyo Metropolitan ordinance which may cover disturbance within privately owned property that does not need the owner's consent for police intervention but we don't need to go there since the owner of property had called the police to remove the person who had committed the act. In which case it would be trespassing.

They will be fined and deported and probably flagged restricting re-entry back to Japan for the next 5~10 years.

4 ( +4 / -0 )

Put them in jail then deport them back to China. I do believe in Japan you need a permit if you want to stage a protest which I'm sure they did not have. Creating a disturbance in a place of worship a big No No.

3 ( +7 / -4 )

Deport these politically motivated activist clowns, ensuring both never return.

The longer Kwok Siu-kit and Yim Man-wa remain, Kwok staging a hunger strike, the longer both have a media platform to continue milking the political pantomime for all it is worth.

This pitiful facade is at the tax payers expense!!. Get shot of both.

3 ( +3 / -0 )

Gee I wonder what would have happened if Japanese prettiest did the same thing in China? Get arrested on espionage charges? Get capital punishment?

3 ( +3 / -0 )

@Do the hustle

But, they are not being charged with disturbing the peace. They are being charged with trespassing in a public place. If the charges were destruction of property it even vandalism I could understand

Really? It seems like the trespassing charge is the result of them disturbing the peace and violating the general licence given to the general public AKA the permission to enter the premises in order to pray and visit the museum without creating troubles for other, refusing to leave and resisting arrest.

2 ( +3 / -1 )

I do not hear any Japanese go to D.C. from Hiroshima and Nagasaki and burn Stars & Stripes or go to Moscow and demand return of Japanese islands. They can do such a thing only in Japan safely.

2 ( +2 / -0 )

Does everyone know this is his 2nd time to trespass private property to play with fire (burning wooden mortuary tablet)? You don't want it to happen in your private garden do you.

2 ( +2 / -0 )

@Shawn

Interesting that is private property, but representatives of the state paid by tax money visit there, while in their capacity as public servants. That seems to indicate a mixing of state and religion interest. how does that work?

The same way Mayors,senators and governors,members of the Democratic or Republican Party decide jointly to attend a yearly Memorial service for WWI or WWII Falken soldiers at a Church.

See? It’s easy like that.

1 ( +4 / -3 )

@M3M3M3

Without more facts of exactly what happened it's hard to say which of these two types of trespass the police are claiming

Yes that most of news outlet lack when they reporting this incident.

Beside two reasons that you already mentioned, there is another one when you can be considered as trespasser. When you enter public premise outside their designated times although I'm pretty sure this is not the case for those people.

1 ( +3 / -2 )

If you did something wrong, then you apologize, as simple as that.

0 ( +2 / -2 )

Akie, whether you like it or not, Yasukuni is private property and a registered religious site. They have every right to ban any anything they want from eating ice cream to political protests there.

0 ( +0 / -0 )

It is scandalous, inexcusable, unjustified that Kwok Siu-kit and Yim Man-wa fifteen minutes of infamy be allowed to deteriorate into a media circus epic

Had, Kwok Siu-kit and Yim Man-wa been consummate in stressing the 10,000 people died in Tiananmen Square massacre I would be more amenable

0 ( +0 / -0 )

Arrested two weeks ago and first appearance before court in February???? Crikey, talk about the glacial pace of the justice system up there!

0 ( +0 / -0 )

@ SchopenhauerDec. 30, 2019  10:53 am JST I do not hear any Japanese go to D.C. from Hiroshima and Nagasaki and burn Stars & Stripes or go to Moscow and demand return of Japanese islands. They can do such a thing only in Japan safely. see JT article https://japantoday.com/category/politics/okinawa-hawaiian-activist-to-hold-rally-at-white-house-over-u.s.-base

0 ( +0 / -0 )

Burning a newspaper is a small crime in my book, let them go with a light sentence.

-1 ( +0 / -1 )

Hachidori - You can’t disturb the peace/stage a protest in a private property. This is a violation.

But, they are not being charged with disturbing the peace. They are being charged with trespassing in a public place. If the charges were destruction of property it even vandalism I could understand

-1 ( +0 / -1 )

The Japanese constitution safeguards free speech and did the guards ask them to leave?

If the guards did not then that is a defence against trespass.

-2 ( +0 / -2 )

The shrine people didn’t even know who those Chine were.

I didn't mention about nationality, all I said they can claim anyone as tresspasser as they like.

If they don't like you for whatever reason then you are a trespasser.

-3 ( +2 / -5 )

Bogus charges, it is open to the public and I'll pretty sure there are laws about censoring protests

-5 ( +2 / -7 )

"Despite being open to the public, Yasukuni is still a private property.

You can’t disturb the peace/stage a protest in a private property. This is a violation"

Interesting that is private property, but representatives of the state paid by tax money visit there, while in their capacity as public servants. That seems to indicate a mixing of state and religion interest. how does that work?

-5 ( +4 / -9 )

Two Hong Kong activists who were arrested by Japanese police for trespassing 

Trespassing? Last time I checked, Yasukuni is open to public.

-6 ( +4 / -10 )

Despite being open to the public, Yasukuni is still a private property.

So when they don't like you they can claim you as trespasser whenever they like.

-7 ( +1 / -8 )

"Down to militarism! Forget not the Nanjing Massacre! Japan must apologize!" There is nothing wrong in the shouting except English, why were they arrested ? For grammatical mistakes ?

-8 ( +1 / -9 )

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