#Court
Appointment of Lord Patrick Hodge to HK’s highest court risks bringing the British judicial system into disrepute
In September 2020, Australian Justice James Spigelman resigned as a non-permanent judge on the Hong Kong's Court of Final Appeal. He told an Australian media outlet that his resignation was “related to the content of the national security legislation.”
As Spigelman’s replacement, Chief Executive Carrie Lam appointed Scottish judge Lord Hodge as a non-permanent judge of the Court of Final Appeal.
The appointment sparked grave concern among UK parliamentarians as 32 of them, including six from the House of Commons and 26 from the House of Lords, wrote in a letter to the Lord Chancellor, Robert Buckland QC MP, calling for a “clear and unambiguous statement to be made as a matter of urgency”.
“Accepting such appointments not only makes British judges complicit in the human rights abuses being perpetrated by the authorities in Hong Kong, but also now risks bringing our own judicial system into disrepute through such association and complicity with the flawed principles and processes of the National Security Law,” they said.
Meanwhile in Hong Kong, legal sector lawmaker, Dennis Kwok, reacted to the U.K. lawmakers' letter by saying that the Hong Kong government’s attacks on the rule of law have shaken the international community’s confidence in the city’s judiciary system.
Source: Apple Daily #Oct9
https://hk.appledaily.com/local/20201009/CNJHWY5VYREGLA57OL4BVSHWEY/
#RuleOfLaw #Appointment #PatrickHodge #NationalSecurityLaw
Appointment of Lord Patrick Hodge to HK’s highest court risks bringing the British judicial system into disrepute
In September 2020, Australian Justice James Spigelman resigned as a non-permanent judge on the Hong Kong's Court of Final Appeal. He told an Australian media outlet that his resignation was “related to the content of the national security legislation.”
As Spigelman’s replacement, Chief Executive Carrie Lam appointed Scottish judge Lord Hodge as a non-permanent judge of the Court of Final Appeal.
The appointment sparked grave concern among UK parliamentarians as 32 of them, including six from the House of Commons and 26 from the House of Lords, wrote in a letter to the Lord Chancellor, Robert Buckland QC MP, calling for a “clear and unambiguous statement to be made as a matter of urgency”.
“Accepting such appointments not only makes British judges complicit in the human rights abuses being perpetrated by the authorities in Hong Kong, but also now risks bringing our own judicial system into disrepute through such association and complicity with the flawed principles and processes of the National Security Law,” they said.
Meanwhile in Hong Kong, legal sector lawmaker, Dennis Kwok, reacted to the U.K. lawmakers' letter by saying that the Hong Kong government’s attacks on the rule of law have shaken the international community’s confidence in the city’s judiciary system.
Source: Apple Daily #Oct9
https://hk.appledaily.com/local/20201009/CNJHWY5VYREGLA57OL4BVSHWEY/
#RuleOfLaw #Appointment #PatrickHodge #NationalSecurityLaw
#Court
Mocking remarks sprayed on communal wall targeting magistrate acquitting pro-democracy protesters
A disparaging remark, directing at former magistrate Stanley Ho Chun-yiu, was sighted on the walls of two property buildings on Broadcast Drive in Hong Kong that read, “Police arrests, Magistrate releases”.
Magistrate Ho has been a target of CCP loyalists after he acquitted some pro-democracy protesters and scorned evidence given by some police officers.
The Police Public Relations Bureau confirmed that a report was received at late evening of October 20, informing the police that 4 men riding on a white private car were seen scratching the remark on the wall. The case is tentatively listed as criminal damage with no arrests made.
Source: Stand News #Oct21
#PoliceState #RuleofLaw
Related article
Chief Magistrate: the magistrate's decision based on facts and evidence
https://t.me/guardiansofhongkong/25971
Mocking remarks sprayed on communal wall targeting magistrate acquitting pro-democracy protesters
A disparaging remark, directing at former magistrate Stanley Ho Chun-yiu, was sighted on the walls of two property buildings on Broadcast Drive in Hong Kong that read, “Police arrests, Magistrate releases”.
Magistrate Ho has been a target of CCP loyalists after he acquitted some pro-democracy protesters and scorned evidence given by some police officers.
The Police Public Relations Bureau confirmed that a report was received at late evening of October 20, informing the police that 4 men riding on a white private car were seen scratching the remark on the wall. The case is tentatively listed as criminal damage with no arrests made.
Source: Stand News #Oct21
#PoliceState #RuleofLaw
Related article
Chief Magistrate: the magistrate's decision based on facts and evidence
https://t.me/guardiansofhongkong/25971
#FailedState #RuleofLaw
The High Court issues order sought by Secretary of Justice to protect pro-government judicial officials
Following a similar injunction protecting police officer, the High Court granted an interim injunction to restrain members of the public from unlawfully doxxing judicial officers as well as their families. The order will remain in effect until November 13. Those in breach may subject to investigation for civil contempt of court, which could result in imprisonment.
Lawyers have broadly welcomed the injunction, Civic Party member and lawmaker of legal sector, Dennis Kwok Wing-hang, however, expressed concern over its scope. Kwok worried that citizens, when disapproving a ruling or criticizing a judge might unintentionally break the law.
Source: Apple Daily #Oct30
https://bit.ly/3mytCmO
The High Court issues order sought by Secretary of Justice to protect pro-government judicial officials
Following a similar injunction protecting police officer, the High Court granted an interim injunction to restrain members of the public from unlawfully doxxing judicial officers as well as their families. The order will remain in effect until November 13. Those in breach may subject to investigation for civil contempt of court, which could result in imprisonment.
Lawyers have broadly welcomed the injunction, Civic Party member and lawmaker of legal sector, Dennis Kwok Wing-hang, however, expressed concern over its scope. Kwok worried that citizens, when disapproving a ruling or criticizing a judge might unintentionally break the law.
Source: Apple Daily #Oct30
https://bit.ly/3mytCmO
#PoliceState #RuleofLaw
NWFB driver accused of negligent driving will not receive legal support from NWFB if refused to plead guilty; NWFB: It is recommended that another lawyer be appointed as soon as possible
Source: Apple Daily, Stand News; #Nov3
Read more
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NWFB driver accused of negligent driving will not receive legal support from NWFB if refused to plead guilty; NWFB: It is recommended that another lawyer be appointed as soon as possible
Source: Apple Daily, Stand News; #Nov3
Read more
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#PoliceState #RuleofLaw
NWFB driver accused of negligent driving will not receive legal support from NWFB if refused to plead guilty; NWFB: It is recommended that another lawyer be appointed as soon as possible
During the Tsim Sha Tsui march on 6 September, a driver from #NWFB 970 line was arrested by the police while driving. He was once accused of driving fast for no reason, and was involved in dangerous driving. He was also alleged to have carried a spanner to work, which was labelled as an offensive weapons. He was eventually charged with careless driving. The case will be heard again on the 17th of this month.
Lam Kam-biu, chairman of the NWFB Workers Union, said when receiving an inquiry from Apple Daily that he had received the arrested driver’s request for help, saying that the driver had been informed by NWFB that if he pleaded not guilty, the company would not continue to provide him with legal assistance. Lam frankly said that he was dissatisfied with the decision of NWFB and had no choice but to assist the captain in finding legal support. When NWFB responded to the inquiry, it acknowledged the matter and stated that the law firm it commissioned made the relevant decision after reviewing the evidence and confession. If the driver chooses to defend, it is recommended that he appoint another lawyer to handle it as soon as possible.
Source: Apple Daily, Stand News; #Nov3
NWFB driver accused of negligent driving will not receive legal support from NWFB if refused to plead guilty; NWFB: It is recommended that another lawyer be appointed as soon as possible
During the Tsim Sha Tsui march on 6 September, a driver from #NWFB 970 line was arrested by the police while driving. He was once accused of driving fast for no reason, and was involved in dangerous driving. He was also alleged to have carried a spanner to work, which was labelled as an offensive weapons. He was eventually charged with careless driving. The case will be heard again on the 17th of this month.
Lam Kam-biu, chairman of the NWFB Workers Union, said when receiving an inquiry from Apple Daily that he had received the arrested driver’s request for help, saying that the driver had been informed by NWFB that if he pleaded not guilty, the company would not continue to provide him with legal assistance. Lam frankly said that he was dissatisfied with the decision of NWFB and had no choice but to assist the captain in finding legal support. When NWFB responded to the inquiry, it acknowledged the matter and stated that the law firm it commissioned made the relevant decision after reviewing the evidence and confession. If the driver chooses to defend, it is recommended that he appoint another lawyer to handle it as soon as possible.
Source: Apple Daily, Stand News; #Nov3
#JudicialIndependence #SeparationofPowers
HK Chief Justice Geoffrey Ma: Judicial Independence Must Be Separated from Politics, No One is Above the Law
The issue of separation of powers has sparked intense debate in Hong Kong as the authorities and Beijing loyalists refused to acknowledge its practice in Hong Kong.
In his speech at the ceremonial opening of Hong Kong Legal Week 2020, Chief Justice of the Court of Final Appeal Geoffrey Ma reiterated the importance of not politicizing the independent judiciary and court. As clearly stated in the Basic Law, Hong Kong enjoys independent judicial power, including that of final adjudication. This means no one is above the law, nor can one interfere with court decision. All adjudications must comply strictly with the law, and uphold the principles of equality, equity and fairness.
Geoffrey Ma also pointed out that the rule of law had always been an important core value of Hong Kong, which warranted careful protection, and society could not bear the risk of losing it.
He asked the public to dismiss misconceptions and misunderstanding about rule of law in order to protect it. He believed that law should be predictable, stable and clear, and judicial decision should be open to the public.
Ma stated that according to the Basic Law, the non-permanent judges of the Court of Final Appeal and lawyers from other common law jurisdictions could practice in Hong Kong.
Source: Stand News #Nov2
#RuleofLaw #GeoffreyMa #LegalWeek #Speech
HK Chief Justice Geoffrey Ma: Judicial Independence Must Be Separated from Politics, No One is Above the Law
The issue of separation of powers has sparked intense debate in Hong Kong as the authorities and Beijing loyalists refused to acknowledge its practice in Hong Kong.
In his speech at the ceremonial opening of Hong Kong Legal Week 2020, Chief Justice of the Court of Final Appeal Geoffrey Ma reiterated the importance of not politicizing the independent judiciary and court. As clearly stated in the Basic Law, Hong Kong enjoys independent judicial power, including that of final adjudication. This means no one is above the law, nor can one interfere with court decision. All adjudications must comply strictly with the law, and uphold the principles of equality, equity and fairness.
Geoffrey Ma also pointed out that the rule of law had always been an important core value of Hong Kong, which warranted careful protection, and society could not bear the risk of losing it.
He asked the public to dismiss misconceptions and misunderstanding about rule of law in order to protect it. He believed that law should be predictable, stable and clear, and judicial decision should be open to the public.
Ma stated that according to the Basic Law, the non-permanent judges of the Court of Final Appeal and lawyers from other common law jurisdictions could practice in Hong Kong.
Source: Stand News #Nov2
#RuleofLaw #GeoffreyMa #LegalWeek #Speech
#Injustice #Court
HK's Department of Justice Cancels Private Prosecution Launched by Pro-dem Ray Chan Chi-chuen: 'No Evidence is Offered'
Ray Chan Chi-chuen, the chairman of People Power and a former pro-democracy lawmaker, was dragged on the floor by the pro-Beijing lawmaker Kwok Wai-keung of the Federation of Trade Union, during the House Committee meeting on May 8, 2020 at the Legislative Council.
Chan subsequently initiated a private prosecution against Kwok. Chan said in his Facebook post on November 6, 2020 that he was notified by the Department of Justice (#DoJ) that the authorities would step in and discontinue the private prosecution against Kwok as 'no evidence is offered' in the case.
Source: Stand News #Nov6
#RuleofLaw #PrivateProsecution #RayChan #KwokWaiKeung #Discrimination
HK's Department of Justice Cancels Private Prosecution Launched by Pro-dem Ray Chan Chi-chuen: 'No Evidence is Offered'
Ray Chan Chi-chuen, the chairman of People Power and a former pro-democracy lawmaker, was dragged on the floor by the pro-Beijing lawmaker Kwok Wai-keung of the Federation of Trade Union, during the House Committee meeting on May 8, 2020 at the Legislative Council.
Chan subsequently initiated a private prosecution against Kwok. Chan said in his Facebook post on November 6, 2020 that he was notified by the Department of Justice (#DoJ) that the authorities would step in and discontinue the private prosecution against Kwok as 'no evidence is offered' in the case.
Source: Stand News #Nov6
#RuleofLaw #PrivateProsecution #RayChan #KwokWaiKeung #Discrimination
#CulturalRevolution #Education
More senior officials of HK Examinations and Assessment Authority resigned reportedly due to extreme political pressure
In May 2020, the history exam paper question from the Hong Kong Diploma of Secondary Education Examination (#HKDSE) was harshly criticized by pro-Beijing figures. The question asked students to discuss whether Japan did more good than harm to China during the war years.
Soon after the PRC's Foreign Ministry condemned the question, calling it biased and off-limits, Hong Kong government's #EducationBureau pressured the Hong Kong Examinations and Assessment Authority (#HKEAA), an independent organization, to strike out the question because it “seriously hurt feelings and dignity of the Chinese people who suffered great pain during the Japanese invasion of China”.
This incident was said to lead to resignation of Yeung Wing-yu, Manager of the Evaluation and Development Department of HKEAA and Secretary of the Committee on Subjects of the History Section in August 2020.
Before leaving the Authority, Yeung revealed to his colleagues that his resignation was due to extreme political pressure. He suspected that the series of seemingly coincidences were in fact vigilantly planned.
Yeung pointed out that the DSE question was leaked way before the examination day in May while the question’s marking scheme was leaked two months later in July. During this time, his social media account was being repeated hacked for at least twice.
After HKEAA’s decision to invalidate the question on Sino-Japanese relationship on 22 May, he personally covered up students’ answers to the question. Yeung considered the incident the biggest humiliation in his tenure in HKEAA.
Liberal studies is another subject furiously pounced by the SAR government. Lo Ka-yiu, Senior Manager of HKEAA responsible for Liberal Study was fluttered by pro-Beijing mouthpiece in Hong Kong for his pro-democracy opinion calling for the city’s Chief Executive to step down.
In May 2020, Lo and Leung Tsz-yin, a manager reported to him, both resigned. In September, two Liberal Studies teachers, Fan Si-kei and Lam Yi-mei, were appointed to replace Lo and Leung.
However, it was reported on December 5 that Lam Yi-mei resigned despite an extremely short tenure of less than three months.
Since May 2020, a number of senior officials of HKEAA has either resigned or their contracts not being renewed, including the Authority’s Secretary General, principal officer of Assessment Development, as well as Senior Manager and Manager responsible for Liberal Studies.
Most recently, HKEAA announced appointment of their new Secretary General Ngai Heung-tung, Professor of Economics of Lingnan University who again has profound Chinese background.
Source : Apple Daily; Citizens News #Dec1 #Dec5
https://hk.appledaily.com/local/20201201/76TJAJBXSZGAVKTMYQHGUFDCQI/
https://bit.ly/2Vluj7k
=========
Related articles:
Secondary School Students Organised Platform to initiate judicial review on the government's decision to cancel DSE history question
https://t.me/guardiansofhongkong/21383
Education Bureau criticizes HKDSE controversial question on History paper
https://t.me/guardiansofhongkong/20819
HK Education Chief Denies Charges of Turning Liberal Studies subject into pro-China National Education
https://t.me/guardiansofhongkong/27170
#Censorship #RuleOfLaw #Brainwash #PublicExam #CCPControl #LiberalStudies #Resignation #PoliticalPressure
More senior officials of HK Examinations and Assessment Authority resigned reportedly due to extreme political pressure
In May 2020, the history exam paper question from the Hong Kong Diploma of Secondary Education Examination (#HKDSE) was harshly criticized by pro-Beijing figures. The question asked students to discuss whether Japan did more good than harm to China during the war years.
Soon after the PRC's Foreign Ministry condemned the question, calling it biased and off-limits, Hong Kong government's #EducationBureau pressured the Hong Kong Examinations and Assessment Authority (#HKEAA), an independent organization, to strike out the question because it “seriously hurt feelings and dignity of the Chinese people who suffered great pain during the Japanese invasion of China”.
This incident was said to lead to resignation of Yeung Wing-yu, Manager of the Evaluation and Development Department of HKEAA and Secretary of the Committee on Subjects of the History Section in August 2020.
Before leaving the Authority, Yeung revealed to his colleagues that his resignation was due to extreme political pressure. He suspected that the series of seemingly coincidences were in fact vigilantly planned.
Yeung pointed out that the DSE question was leaked way before the examination day in May while the question’s marking scheme was leaked two months later in July. During this time, his social media account was being repeated hacked for at least twice.
After HKEAA’s decision to invalidate the question on Sino-Japanese relationship on 22 May, he personally covered up students’ answers to the question. Yeung considered the incident the biggest humiliation in his tenure in HKEAA.
Liberal studies is another subject furiously pounced by the SAR government. Lo Ka-yiu, Senior Manager of HKEAA responsible for Liberal Study was fluttered by pro-Beijing mouthpiece in Hong Kong for his pro-democracy opinion calling for the city’s Chief Executive to step down.
In May 2020, Lo and Leung Tsz-yin, a manager reported to him, both resigned. In September, two Liberal Studies teachers, Fan Si-kei and Lam Yi-mei, were appointed to replace Lo and Leung.
However, it was reported on December 5 that Lam Yi-mei resigned despite an extremely short tenure of less than three months.
Since May 2020, a number of senior officials of HKEAA has either resigned or their contracts not being renewed, including the Authority’s Secretary General, principal officer of Assessment Development, as well as Senior Manager and Manager responsible for Liberal Studies.
Most recently, HKEAA announced appointment of their new Secretary General Ngai Heung-tung, Professor of Economics of Lingnan University who again has profound Chinese background.
Source : Apple Daily; Citizens News #Dec1 #Dec5
https://hk.appledaily.com/local/20201201/76TJAJBXSZGAVKTMYQHGUFDCQI/
https://bit.ly/2Vluj7k
=========
Related articles:
Secondary School Students Organised Platform to initiate judicial review on the government's decision to cancel DSE history question
https://t.me/guardiansofhongkong/21383
Education Bureau criticizes HKDSE controversial question on History paper
https://t.me/guardiansofhongkong/20819
HK Education Chief Denies Charges of Turning Liberal Studies subject into pro-China National Education
https://t.me/guardiansofhongkong/27170
#Censorship #RuleOfLaw #Brainwash #PublicExam #CCPControl #LiberalStudies #Resignation #PoliticalPressure
#PoliceState
68-year-old retired policewoman forced a kiss on youngster, #Court rules not guilty for indecent assault
Last September, two groups of citizens with opposing political stance came into a spat at a park in Sham Shui Po, at which point a youngster started to record the incident on video with his mobile phone. Upset at being recorded, a 68-year-old woman charged at the youngster and forced a kiss on his lips. Although shocked, the youngster wiped his lips and carried on recording.
The woman, a retired police sergeant, then slapped the youngster’s phone and threatened to kiss him again.
On December 8, 2020, the West Kowloon Magistrates Court ruled against the offence of indecent assault, and convicted for three counts of common assault. The judge said in the ruling that the woman's behavior was “constrained”; therefore she was only subject to a fine of HK$4,500.
Source: Ming Pao, #Dec9
#PoliceState #RuleofLaw #HKProtest
68-year-old retired policewoman forced a kiss on youngster, #Court rules not guilty for indecent assault
Last September, two groups of citizens with opposing political stance came into a spat at a park in Sham Shui Po, at which point a youngster started to record the incident on video with his mobile phone. Upset at being recorded, a 68-year-old woman charged at the youngster and forced a kiss on his lips. Although shocked, the youngster wiped his lips and carried on recording.
The woman, a retired police sergeant, then slapped the youngster’s phone and threatened to kiss him again.
On December 8, 2020, the West Kowloon Magistrates Court ruled against the offence of indecent assault, and convicted for three counts of common assault. The judge said in the ruling that the woman's behavior was “constrained”; therefore she was only subject to a fine of HK$4,500.
Source: Ming Pao, #Dec9
#PoliceState #RuleofLaw #HKProtest
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六旬婦不滿被拍攝強吻青年嘴唇 非禮罪脫 普通襲擊罪成判罰款 (17:25) - 20201208 - 港聞
去年9月，有人疑因政見不同，在深水埗一個公園發生口角，一名青年舉手機拍片，六旬退休女警不滿被拍攝，涉上前強吻青年嘴唇一下，青年抹嘴後繼續拍攝，退休女警稱「我再惜添啊！」，並拍打其手機。退休女警今（8日）於西九龍裁判法院被裁定非禮罪脫，但3項普通襲擊罪成，罰款4500元。裁判官表示，被告面對眾人包圍拍攝，表現尚算克制，可以罰款處理本案。
#RuleofLaw #HKBA
Chairman of HK Bar Association: Secretary for Justice Needs to Stop Unprincipled Attacks on #JudicialIndependence
Source: Stand News, #Jan11
Read more
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Chairman of HK Bar Association: Secretary for Justice Needs to Stop Unprincipled Attacks on #JudicialIndependence
Source: Stand News, #Jan11
Read more
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