#Court
Proceedings of Court for Teen Arrested for Putting up Promotional Material
On Jun 1, a 16-year-old student was arrested and detained for a day, accused of putting up promotional material.
2:45pm | start of hearing
Prosecutor: Bail conditions
> Curfew 10pm-6am
> Cannot leave Hong Kong
> Cannot return to the scene
Judge: At 16 years of age, the defendant was charged of property damage. However he had only glue, scissors and an eye mask with him at the time. Based on the background and evidence, if he was just putting posters on a wall, why was he detained?
The court adjourned for 10 minutes, and the prosecutor consulted with the police before his address to the court.
Prosecutor: He was detained because this case was related to the recent protest and it is a severe crime. The defendant was detained to prevent him from committing crime again until he is under stricter bail conditions.
Judge: This is against our principles. How can you punish him first, then take him to court for stricter bail conditions? Bail conditions are used to prevent crimes from happening again, rather than used to punish the defendant. The bail conditions should be decided by the court.
Court adjourned to review bail conditions.
Judge: In the worst case scenario, you are charging him of criminal damage. I’d like to know how glue and poster sticking can cause real damage to wall or bricks.
Prosecutor: The wall was stained with glue and it costs $2000 to clean it.
Judge: The hearing is adjourned to July 27, 2:30pm. Bailing conditions are as follows:
> $2000
> Cannot leave Hong Kong
> Report to local Tin Sum police station every Saturday
3:25pm | court dismissed.
Source: 陳運通 Mozam
#Jun1 #PoliceState #PoliceBrutality #Bail
Proceedings of Court for Teen Arrested for Putting up Promotional Material
On Jun 1, a 16-year-old student was arrested and detained for a day, accused of putting up promotional material.
2:45pm | start of hearing
Prosecutor: Bail conditions
> Curfew 10pm-6am
> Cannot leave Hong Kong
> Cannot return to the scene
Judge: At 16 years of age, the defendant was charged of property damage. However he had only glue, scissors and an eye mask with him at the time. Based on the background and evidence, if he was just putting posters on a wall, why was he detained?
The court adjourned for 10 minutes, and the prosecutor consulted with the police before his address to the court.
Prosecutor: He was detained because this case was related to the recent protest and it is a severe crime. The defendant was detained to prevent him from committing crime again until he is under stricter bail conditions.
Judge: This is against our principles. How can you punish him first, then take him to court for stricter bail conditions? Bail conditions are used to prevent crimes from happening again, rather than used to punish the defendant. The bail conditions should be decided by the court.
Court adjourned to review bail conditions.
Judge: In the worst case scenario, you are charging him of criminal damage. I’d like to know how glue and poster sticking can cause real damage to wall or bricks.
Prosecutor: The wall was stained with glue and it costs $2000 to clean it.
Judge: The hearing is adjourned to July 27, 2:30pm. Bailing conditions are as follows:
> $2000
> Cannot leave Hong Kong
> Report to local Tin Sum police station every Saturday
3:25pm | court dismissed.
Source: 陳運通 Mozam
#Jun1 #PoliceState #PoliceBrutality #Bail
#Court #LegalTerrorism
Barrister Worries National Security Law’s Imprisonment Before conviction: ‘To be released on bail is basic human rights’
The Hong Kong judicial system has been adhering to the principle of presumption of innocence, in which a defendant is innocent before conviction and should not be imprisoned unless there is sufficient reason to do so.
However, Jimmy Lai, founder of Apple Daily, who was charged by the police for fraud, as well as several defendants in cases related to the National Security Law were all denied bail by appointed judges and are imprisoned without trial.
A barrister worried that if the defendants whom the prosecution alleges are involved in a national security case will be denied bail, citizens will question whether the court has been reduced to merely symbolic.
Human rights organizations have also been heavily criticizing that these imprisonment before conviction are a serious violation of human rights.
The National Security appointed judge, Chief Magistrate Victor So denied Jimmy Lai’s application for bail. Lai will be remanded in custody until April 2021, which means he will be imprisoned for at least 4 months.
The senior officers of Next Digital, Chow Tat Kuen and Wong Wai Keung who were also charged with fraud were granted bail.
Source: Apple Daily #Dec4
https://hk.appledaily.com/local/20201204/B34MREBSERBMDJE7FMX42JAAWM/
#NationalSecurityLaw #FreeJimmy #JimmyLai #Judge #Injustice #Bail
Barrister Worries National Security Law’s Imprisonment Before conviction: ‘To be released on bail is basic human rights’
The Hong Kong judicial system has been adhering to the principle of presumption of innocence, in which a defendant is innocent before conviction and should not be imprisoned unless there is sufficient reason to do so.
However, Jimmy Lai, founder of Apple Daily, who was charged by the police for fraud, as well as several defendants in cases related to the National Security Law were all denied bail by appointed judges and are imprisoned without trial.
A barrister worried that if the defendants whom the prosecution alleges are involved in a national security case will be denied bail, citizens will question whether the court has been reduced to merely symbolic.
Human rights organizations have also been heavily criticizing that these imprisonment before conviction are a serious violation of human rights.
The National Security appointed judge, Chief Magistrate Victor So denied Jimmy Lai’s application for bail. Lai will be remanded in custody until April 2021, which means he will be imprisoned for at least 4 months.
The senior officers of Next Digital, Chow Tat Kuen and Wong Wai Keung who were also charged with fraud were granted bail.
Source: Apple Daily #Dec4
https://hk.appledaily.com/local/20201204/B34MREBSERBMDJE7FMX42JAAWM/
#NationalSecurityLaw #FreeJimmy #JimmyLai #Judge #Injustice #Bail
#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
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
#Court #PoliticalOppression
3-Year #Backlog of Court Cases Mean Hong Kong Protesters may be "Jailed for Nothing", Says Concerned Barrister
Hong Kong's courts are experiencing a large backlog of protest-related cases, with some trials scheduled as late as 2024.
The riot case against pro-democracy protesters entering into the Legislative Council (#LegCo) chambers on July 1, 2019, which had its first hearing last week, is scheduled for trial in May 2023, more than 2 years later.
An anonymous barrister pointed out that the jail terms handed out for recent riot cases are 4 to 5 years, though the sentences are often reduced to around 3 years for good behavior in prison.
Time spent in custody while awaiting trial also counts toward time served, therefore some of the accused may have already served their sentences by the time the court has found them guilty. If they are found innocent, however, then "they would have been jailed for nothing these three years. We're talking three years, not a couple of months."
The situation is effectively handing down a punishment before the trial, the barrister said, and is unfair to the accused.
Though some arrestees in riot cases are released on bail, the terms include night-time curfews and prohibitions from being in certain locations, or from leaving the city.
The barrister calls the bail conditions harsh and disruptive to the lives of the accused, "as if it's meant for punishing them first." Bail conditions in other criminal cases are not nearly as numerous or complicated, he says, "I don't quite understand why riot cases nowadays need so many bail conditions."
Source: Apple Daily #Mar26
https://hk.appledaily.com/local/20210326/WWXAESVWLBCGXDRMFJYGDOCDRE/
#PoliceState #Bail #Injustice #Detention #RightToSpeedyTrial
3-Year #Backlog of Court Cases Mean Hong Kong Protesters may be "Jailed for Nothing", Says Concerned Barrister
Hong Kong's courts are experiencing a large backlog of protest-related cases, with some trials scheduled as late as 2024.
The riot case against pro-democracy protesters entering into the Legislative Council (#LegCo) chambers on July 1, 2019, which had its first hearing last week, is scheduled for trial in May 2023, more than 2 years later.
An anonymous barrister pointed out that the jail terms handed out for recent riot cases are 4 to 5 years, though the sentences are often reduced to around 3 years for good behavior in prison.
Time spent in custody while awaiting trial also counts toward time served, therefore some of the accused may have already served their sentences by the time the court has found them guilty. If they are found innocent, however, then "they would have been jailed for nothing these three years. We're talking three years, not a couple of months."
The situation is effectively handing down a punishment before the trial, the barrister said, and is unfair to the accused.
Though some arrestees in riot cases are released on bail, the terms include night-time curfews and prohibitions from being in certain locations, or from leaving the city.
The barrister calls the bail conditions harsh and disruptive to the lives of the accused, "as if it's meant for punishing them first." Bail conditions in other criminal cases are not nearly as numerous or complicated, he says, "I don't quite understand why riot cases nowadays need so many bail conditions."
Source: Apple Daily #Mar26
https://hk.appledaily.com/local/20210326/WWXAESVWLBCGXDRMFJYGDOCDRE/
#PoliceState #Bail #Injustice #Detention #RightToSpeedyTrial
#Court #PoliticalProsecution
HK Court Denies Bail for 36 in #47Activists Case, Assigned Judge: "Five Demands" Endander #NationalSecurity
Among the 47 pro-democracy activists facing allegations of “conspiracy to commit subversion” in connection with a legislative primary election in Hong Kong in 2020, 36 of them have been denied bail.
'#LongHair' Leung Kwok-hung and Jimmy Sham Tsz-kit, who are the vice-chairmen of the League of Social Democrats, were among the 36 who were denied bail.
Both of them applied for bail at Hong Kong's High Court earlier, but Judge Esther Toh Lye-ping , the designated judge of the #NationalSecurityLaw, refused to grant them bail and ordered to hold them back in custody.
The senior counsel Hectar Pun representing Leung and Sham pointed out that they have never advocated "Hong Kong independence", colluded with foreign forces or requested sanctions against the Chinese and Hong Kong governments, nor did they sign the "No Regrets" online statement.
Pun also said that Leung's local ties are strong, he has recently gotten married and is suffering from coronary heart disease, so the risk of absconding is low.
Moreover, Sham has always been active in the local #LGBT community, he married his partner who is also a Hong Kong resident in 2013, so Sham has no interest in leaving Hong Kong.
The judge issued her reasons on May 13, 2021, claiming there was no good reason to believe the two would not continue to act against national security.
The judge cited that the Department of Justice's arguments against bail, saying that Sham still stated he would continue to fight for the "#FiveDemands", in front of the police station upon his arrival on Feb 28, 2021. This indicated that there was no reason to believe he would not continue to endanger national security.
Source: InMedia #May13
https://bit.ly/3bqpwdh
#47Democrats #JimmySham #LeungKwokHung #Bail #PoliceState
HK Court Denies Bail for 36 in #47Activists Case, Assigned Judge: "Five Demands" Endander #NationalSecurity
Among the 47 pro-democracy activists facing allegations of “conspiracy to commit subversion” in connection with a legislative primary election in Hong Kong in 2020, 36 of them have been denied bail.
'#LongHair' Leung Kwok-hung and Jimmy Sham Tsz-kit, who are the vice-chairmen of the League of Social Democrats, were among the 36 who were denied bail.
Both of them applied for bail at Hong Kong's High Court earlier, but Judge Esther Toh Lye-ping , the designated judge of the #NationalSecurityLaw, refused to grant them bail and ordered to hold them back in custody.
The senior counsel Hectar Pun representing Leung and Sham pointed out that they have never advocated "Hong Kong independence", colluded with foreign forces or requested sanctions against the Chinese and Hong Kong governments, nor did they sign the "No Regrets" online statement.
Pun also said that Leung's local ties are strong, he has recently gotten married and is suffering from coronary heart disease, so the risk of absconding is low.
Moreover, Sham has always been active in the local #LGBT community, he married his partner who is also a Hong Kong resident in 2013, so Sham has no interest in leaving Hong Kong.
The judge issued her reasons on May 13, 2021, claiming there was no good reason to believe the two would not continue to act against national security.
The judge cited that the Department of Justice's arguments against bail, saying that Sham still stated he would continue to fight for the "#FiveDemands", in front of the police station upon his arrival on Feb 28, 2021. This indicated that there was no reason to believe he would not continue to endanger national security.
Source: InMedia #May13
https://bit.ly/3bqpwdh
#47Democrats #JimmySham #LeungKwokHung #Bail #PoliceState
#Hongkongers #NeverGiveUp
Detained HK Activist #OwenChow: Good Works Are Always Born in the Worst of Times
On June 22, 2021, Owen Chow, a 24-year-old pro-democracy activist, was finally granted bail after being detained for months.
Chow was among the 47 pro-democracy figures who were arrested by the police for participating in the Primary Election of the pro-democracy camp in 2020. They were charged with subverting the state under the National Security Law.
Among the 47 people detained, Chow is only the 12th person who has been granted bail; however, he was barred by the High Court from making any speeches or take part in any action that could be seen as "endangering national security". He cannot participate in any elections or contact foreign officials.
In addition, Chow has to surrender all his travel documents and not to leave Hong Kong. He has to report to the police every evening and observe an overnight curfew.
Leaving the detention center for the moment, Chow said to the journalists, "Good works are always born in the worst of times."
Source: Stand News; Apple Daily; RTHK #Jun22
https://bit.ly/3vW96Rz
#Save47 #PoliticalSuppression #PoliticalPrisoners #Bail #HighCourt
Detained HK Activist #OwenChow: Good Works Are Always Born in the Worst of Times
On June 22, 2021, Owen Chow, a 24-year-old pro-democracy activist, was finally granted bail after being detained for months.
Chow was among the 47 pro-democracy figures who were arrested by the police for participating in the Primary Election of the pro-democracy camp in 2020. They were charged with subverting the state under the National Security Law.
Among the 47 people detained, Chow is only the 12th person who has been granted bail; however, he was barred by the High Court from making any speeches or take part in any action that could be seen as "endangering national security". He cannot participate in any elections or contact foreign officials.
In addition, Chow has to surrender all his travel documents and not to leave Hong Kong. He has to report to the police every evening and observe an overnight curfew.
Leaving the detention center for the moment, Chow said to the journalists, "Good works are always born in the worst of times."
Source: Stand News; Apple Daily; RTHK #Jun22
https://bit.ly/3vW96Rz
#Save47 #PoliticalSuppression #PoliticalPrisoners #Bail #HighCourt