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#Injustice #Court
HK Magistrate dismisses pro-democracy protester’s defense, calling it "impractical"

Source: Stand News, #Jan19

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#Injustice #Court
HK Magistrate dismisses pro-democracy protester’s defense, calling it "impractical"

In October 2019, when the authorities forcefully imposed the anti-mask law in Hong Kong, citizens took to the street. The protest later turned into police-civilian clashes in several districts.

A 22-year-old shopkepper, Wong Tsz-shun, was arrested for obstructing a police officer in Yuen Long on that day and his case was heard in Tuen Mun Magistrate Court on January 19, 2021.

In the concluding statement, the defense pointed out numerous inconsistencies of the charge and challenged the contradictatory evidence and testimonies presented by the Hong Kong Police Force.

Surprisingly, Magistrate Wong Chin-yue was provoked and rebuked in defense of the Police Force, “it seems a common practice for defending lawyers to pick on the time evidence and distance evidence presented by the prosecution, without considering practicality. It is impossible for the police officers to take these cases like an industrial accident where they take precise measurement of time and distance.”

In anger, the Magistrate banged the table and walked away.

Defending for himself in the hearing, Wong said he was hanging out in Yuen Long where he ran into Chief Inspector Leung Chi-hang. He wasn’t sure whether Leung was speaking to him, so he carried on moving forward. Soon after he walked pass Leung, he felt being pulled from behind and was about to lose balance.

He stepped forward in an attempt to catch his balance, only to be tripped by debris and fell forward. At that moment, he heard someone shouting, “stand still!”.

When he reached out to roadside railings for support, so that he could stand up again, the police officers pepper-sprayed him on his face at close range.

Wong said, “they pepper-sprayed my entire face.” As a result, he could not see clearly, and found it hard to breathe.

Wong said the police instruction was confusing. Moments after one officer asked him not to move, another one told him to stand up. When he felt someone was grabbing him by his hands, he was terrified and tried to hold on to something, but to no avail.

He later was pressed down to the ground by a police officer. He struggled to avoid a head injury, but quickly he was pinned to the ground and cuffed.

Wong stressed that the police officer put handcuff on him without cautioning him.

Source: Stand News, #Jan19

#PoliceState #Arrest #Magistrate #MaskBan #PoliceBrutality #FailedState
#Injustice #Court #RulebyLaw
HK's Department of Justice suggests "No Bail Provision" for National Security suspects

Source: Stand News, #Feb1

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#Injustice #Court #RulebyLaw
HK's Department of Justice suggests "No Bail Provision" for National Security suspects


Apple Daily founder #JimmyLai appeared in court on February 1, 2021 to face the government’s appeal against the decision to extend his bail.

The 73-year-old pro-democracy media tycoon had been kept in custody since December 2020 pending trial for alleged "violations of the national security law and fraud".

A panel of five national security judges, including the new Chief Justice Andrew Cheung Kui-nung, permanent judges Roberto Ribeiro and Joseph Paul Fok Shiu-kong and non-permanent judges Patrick Chan Siu-oi and Frank Stock presided over the hearing.

The hearing is set to determine the meaning of Article 42 of the national security law, which stipulates that no bail shall be granted to a criminal suspect or defendant unless the judge has sufficient grounds for believing he or she will not continue to commit acts endangering national security.

Representing the Department of Justice (#DoJ), Anthony Chau, Senior Assistant Director of Public Prosecutions, argued that when handling bail application for cases linked to national security offences, the court should adopt a “two-stage approach” to give priority to Article 42, paragraph 2, which that stipulated a “no bail unless” condition.

Chau stressed that the court must consider a national security law clause first, which says no “bail will be granted to a defendant unless the judge has sufficient grounds for believing that the defendant will not continue to endanger national security.”

Other factors – such as bail terms offered by the defendant – should only be considered in the latter stage, Chau said, adding the judge must always bear in mind the nature of the offences endangering national security, which could be “difficult to detect.”

Source: Stand News, #Feb1

#Article42 #Bail #NationalSecurityLaw #Regime
#WhiteTerror #Regime #CCP
Citizen Journalist Zhang Zhan Seen Looking Haggard After Hunger Strike in Chinese Prison

The photos of citizen Journalist Zhang Zhan's appearance in court have been released. Zhang is said to have been undergoing a hunger strike for six months, and is seen looking haggard and in a wheelchair when appearing before the court accompanied by two court police in China.

Wang Jianhong, a supporter of the #FreeZhangZhan movement, posted the photos on Twitter, which were taken back in 28 December 2020 when Zhang stood trial at Shanghai Pudong People's Court.

The tweet mentioned Zhang was bound and forced to face the court, stating that, "the wheelchair she was in had a wide belt binding her to the back of her wheelchair preventing movement. She was wearing handcuffs." The tweet also mentioned that Zhang's mother stated to the media that Zhang looked "haggard and thin to the bone" when looked from behind.

Zhang Zhan, who conducted a hunger strike and once rebuked a judge with "This is where we judge you for your sins, not mine", was convicted of "picking quarrels and provoking trouble" after posting videos on quarantine measures and the medical situation in Wuhan, and sentenced to four years in prison.

Zhang's lawyer had reported seeing Zhang with a NG tube, while being bound around the wrists and waist.

Source: Stand News #Feb6

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Further Reading:

China Jails Citizen Journalist Zhang Zhan, EU: She was Being Tortured, and Pompeo: the Case Reflects CCP Fears of Truthtellers
https://t.me/guardiansofhongkong/27951

#ZhangZhan #CitizenJournalist #CCPCourt #Injustice #PoliticalPersecution #HungerStrike #ChinesePrison
#FirstHand #GoHKInterview #Mar1
"Jail First, Trial Later": Ex-Lawmaker in Hong Kong Blasts National Security Trial for Lack of Due Process

1800 | West Kowloon Magistrates' Courts

Watch video:
https://t.me/guardiansofhongkong/28863

On the early evening of March 1, 2021, former lawmaker #LeeCheukYan talked to reporters outside the court, as he was waiting for the updates on the court hearing of the 47 pro-democracy activists on trial under the #NationalSecurityLaw, along with many supporters at the scene.

It was revealed in the day's court proceedings that the prosecution had not yet finished their investigations, even though the case is already being brought to court.

Lee criticized the lack of due process under the draconian law, and called the government's tactics "dirty and self-contradicting".

"The authorities clumsily arrest all these people before they got their evidence together. Now that they're not ready for the trial, they wouldn't grant them bail. But this is how Hong Kong's law is like now," Lee said.

"The government is even wasting the judge's time," Lee added sympathetically, in reference to the prosecution asking to delay the case for another two months until May 2021.

"Worse yet, after all this charade, they might still not grant us bail. Then our defendants would end up jailed without trial for months," Lee pointed out.

When asked about the eight activists who were arrested together with the 47 but were not charged today, Lee says that the government's choice not to prosecute them seems intended to instigate divisions within the pro-democracy camp.

However, it only made their arrest even more ridiculous: "They don't even have evidence for the 47 they charged today, let alone the eight." Even so, Lee said, the government showed its intent to first keep the 47 pro-democracy activists and politicians behind bars for some time. "You simply don't know when they'll be free. The whole thing is ridiculous."

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More first-hand interviews from the same day:

Pro-democracy Activist #FigoChan: I Am Sure We Won't Give Up
https://t.me/guardiansofhongkong/28861

#Court #PoliticalPrisoners #PoliceState #47Democrats #PoliticalPersecution #Injustice #HumanitarianCrisis #RuleByLaw
#YuenLong721 #Court #Injustice
721 Yuen Long Attack Case: The Prosecutor Cannot Confirm the Identity of A Woman Lying on the Ground in a Video Clip Shown in Court

The trial of the July 21 Yuen Long attack case resumed on March 1 in a Hong Kong District Court. Witness A, who was repeatedly attacked by a white-clad men in the Yuen Long West Rail Station lobby that night, continued to testify.

The court played a video clip from Stand News’s live stream, in which a young woman, with a white shirt, was seen lying on the ground.

Judge Eddie Yip Chor-man took the initiative to ask the prosecution whether the woman was a witness and whether they could confirm her identity.

The prosecutor Anthony Chau Tin Hang, replied that he “could not find” and “could not confirm”.

The judge further asked, “So you don’t have any information on the woman?” Chau replied again, saying, “Not at all.”

#ChauTinHang #YipChorMan

Source: Stand News #Mar1
https://bit.ly/3q4hFXo
#PoliticalOppression #Injustice
Outspoken Court Prosecutor Sacked after targeted by #CCP mouthpiece

Source: Stand News #Mar17

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#PoliticalOppression #Injustice
Outspoken Court Prosecutor Sacked after targeted by #CCP mouthpiece

William Wong Wah-fun, Senior Court Prosecutor II of the Eastern Magistrates' Courts, was reportedly suspended from duty on March 17, 2021 as his name in the government telephone directory has been changed to "vacant".

Repeatedly attacked by pro-Beijing papers, Wong was accused of encouraging other prosecutors to attend the June 4th rally, to which the police had not issued a letter of no objection. In his email, he claimed that the rally that night could be the last June 4 rally before the National Security Law came into force.

Wong was the chairperson of the Court Prosecutors Association when the 2019 Anti-ELAB protests broke out. In September that year, he wrote to the Secretary for Justice Teresa Cheng and the then Director of Public Prosecutions David Leung during the anti-ELAB movement, in his capacity as chairperson, criticizing that "the police were undermining the justice system by telling blatant lies".

Wong closed the letter with the note: "P.S. We love Hong Kong. It is sad to see Hong Kong falling. What happens to Cathay Pacific will soon happen in #DOJ".

Source: Stand News; #Mar17
https://www.thestandnews.com/court/星島-檢控主任黃華芬被停職-曾向鄭若驊發信轟警方公然說謊損司法制度/
#Save12HKYouths #Court
Hong Kong Pro-democracy Activist #AndyLi Represented By Mysterious Lawyer Not Appointed by His Family

Prodemocracy activist Andy Li Yu-hin’s case was brought before the court in Hong Kong on March 31, 2021 as he was charged with violating the National Security Law. However, Li did not appear in court because he was still subject to quarantine.

Li had been arrested and jailed in China since August 2020 and was recently transferred by the Chinese authrotities to Hong Kong police's custody, upon completing the sentence he received in the Chinese court. Li is currently detained by the Hong Kong authorities in a psychiatric centre.

Read more here:
https://t.me/guardiansofhongkong/29252

The sister of Li told Stand News that barrister Lawrence Law Tat-Hung, who was representing Li in court, was not the lawyer appointed by the family. She further said that she had no knowledge of such a person until she heard it from the news.

Stand News reporters called Lawrence Law Tat-Hung on the morning of March 31, 2021, to inquire whether he had been appointed by Li.

The barrister replied by saying “Excuse me, but I’m not at liberty to say too much”. The reporter also mentioned that Li’s sister did not know him, Law then immediately hung up the phone.

Andy Li was charged with "conspiracy to commit collusion with a foreign country", "conspiracy to assist criminals" and "unlicensed possession of ammunition". The case was heard on the morning of March 31 in the West Kowloon Magistrates' Court.

Source: Stand News #March31

https://www.thestandnews.com/court/%E6%9D%8E%E5%AE%87%E8%BB%92%E6%A1%88%E4%BB%B6%E6%8F%90%E5%A0%82-%E5%A4%A7%E7%8B%80%E7%BE%85%E9%81%94%E9%9B%84%E4%BB%A3%E8%A1%A8-%E6%9D%8E%E5%AE%87%E8%BB%92%E8%83%9E%E5%A6%B9-%E9%9D%9E%E5%AE%B6%E5%B1%AC%E5%AE%89%E6%8E%92%E5%BE%8B%E5%B8%AB-%E7%9C%8B%E5%A0%B1%E9%81%93-%E5%85%88%E7%9F%A5%E5%91%A2%E5%80%8B%E4%BA%BA/

#AndyIsMissing #Barrister #LawTatHung #CCPRules #InJustice