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#Court
Private prosecution system can be abused: minister

//Justice Secretary Teresa Cheng on Tuesday set out a host of reasons why she might have to intervene in a private prosecution accepted by a magistrate, at a time when pro-democracy lawmakers are pursuing cases against the police and a rival legislator.//

//Cheng said the Department of Justice has an obligation to intervene in and discontinue a private prosecution which is considered to have no reasonable prospect of conviction, be contrary to the public interest, be brought out of improper motives, or constitute an abuse of process.//

//Last week, an Eastern Court magistrate agreed to summon a police officer who shot a protester with live ammunition last November, in a private prosecution brought by Ted Hui. The Democratic Party legislator also has a case against a taxi driver whose vehicle ploughed into a group of protesters last October.

People Power lawmaker Ray Chan, meanwhile, has filed an application to launch a private prosecution against pro-Beijing rival Kwok Wai-keung over an alleged assault in Legco last month.//

Source: RTHK
#Jun16 #PrivateProsecutionSystem #TeresaCheng
#OpinionArticle
Is The Department of Justice Going to Interfere With Private Prosecutions?

Secretary for Justice Teresa Cheng wrote on her blog today, stating that that Department of Justice has the rights to interfere with private prosecutions. Obviously, she was talking about the case of Raymond Chan Chi-chuen versus Kwok Wai-keung and the case between Hui Chi-fung and the police officer who fired his gun in Sai Wan Ho.

Private prosecution is an important part of the common law system to protect citizens. The Court of United Kingdom states that private prosecutions serve as “a valuable constitutional protection against the neglect and bias of the authority”. Why?

Under normal circumstances, a prosecution is the responsibility of Department of Justice. Yet, when the justice department of a society chooses to ignore injustice and refuses to prosecute and stand for justice, private prosecutions provide citizens the right to prosecute.

In other words, its function is to maintain the checks and balances of the Department of Justice, and the execution bodies when they are biased, of which is the situation that Hong Kong is in now.

The Honourable Mr Justice Kevin Paul Zervos said that, “the public has the right to know the standards and guidelines of prosecutors in criminal proceedings. They also have the right to experience these standards.”

Yet, nowadays, most Hong Kong citizens are not allowed to learn about these standards. More and more cases make citizens question the independence and professionalism of these bodies.

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Private prosecutions have always been an essential part of the Hong Kong law system.

Legal expert Simon M.N. Young (2009) said, HKDOJ cannot monopolise the right to prosecute. In 1970s, the Court of Appeal was aware that “there are private prosecutions from time to time” in Hong Kong, including private prosecutions against the police torturing citizens.

It means that private prosecution has always been a norm in Hong Kong history. The Department Of Justice should not interfere. The interference of the Department Of Justice is actually a very delicate matter, and usually under special circumstances. For example, the prosecution does not have substantial evidences, and obviously violates the interest of the public or very tedious. This is not a simple matter, and as Cheng put it, it is “unnecessary or unreasonable”.

The law states that Department Of Justice has the right to interfere or even end a private prosecution. However this is used to prevent the public from abusing their rights, instead of allowing the Department Of Justice to have superior rights to cancel a prosecution.

In the case of Dyson v Attorney General: CA 1911, the court states that the right to stop a prosecution “should not be enacted easily. Only when a prosecution is misused, it can be used. “

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The private prosecutions of Chen Chi-chuen and Hui Chi-fung were accepted by the court and summons were issued. This shows that the prosecutions were reasonable to begin with. If Cheng really interferes with or stops the prosecution, it would mean that that she is questioning the professional judgement of the judge, and putting political pressure on the magistrates.

This has the potential to be something big.

Article From: 書生百用
#Jun16 #TeresaCheng #PrivateProsecutionSystem
#Disinformation
Pro-China party twists official statistics in a bid to blame economic suffering on pro-democracy movement

The pro-China political party Democratic Alliance for the Betterment and Progress of Hong Kong (DAB), created a new Facebook post entitled “How badly has black-clad violence battered Hong Kong in past one year?”. Along with the post, a set of statistics concerning the economic, crime, and unemployment statuses of Hong Kong were duly shared, with the intent to highlight the unspoken impact of anti-ELAB protest activities and clashes throughout 2019. Factwire, however, looked into these numbers, and most of which are performance data from the first 4 months of 2020, during the height of Hong Kong’s coronavirus outbreak. It is an apparent disinformation campaign attempting to mislead citizens by summing up causes of complicated economic adversities on a single factor.

Looking at the data, the value of total retail sales was compared between the April’s of this year and last year, while the comparison on travelers was drawn between January 2020 and 2019. The post also mentioned unemployment and underemployment in Hong Kong. After verification, these figures were confirmed as only seasonal adjustments for the period from February to April 2020. When issuing the relevant data, the Tourism Board and the Government both mentioned the impact of epidemic outbreak, and consistently both did not mention anti-ELAB social movement as the cause.

The post also compared the crime figures from January to March this year with the same period last year, with information from the Hong Kong Police Force, in which cases concerning robberies and fraud were said not related to anti-ELAB movement.

Source: Factwire
#Jun16 #DAB #Statistics
#NationalSecurityLaw
Chairman of Bar Association Calls City’s National Security Law “Reverse Engineering” of Extradition Bill

The Deputy Director of Hong Kong and Macao Affairs Office of the State Council, Den Chung-hua claimed on Monday (June 15) that the SAR government holds the “primary responsibility” to safeguard national security in Hong Kong, accountable for law enforcement and judiciary issues. However, in the event of an “extremely special” incident, the China state government will retain jurisdiction over the case.

In an interview, Philip Dyes, Chairman of Bar Association stated that the Chinese state government is attempting to take control of serious cases tempering national security in Hong Kong, in such a way that he described as a “reverse engineering of the extradition bill”.

Dyes explained that, “Rather than you going to the mainland, the mainland comes to you.” He carried on criticizing that there are still no concrete details in the National Security Law. But for now, it appears to be a weird hybrid of common law and civil law.

Source: Apple Daily
#Jun16 #Failedstate #OneCountryTwoSystem
#WhiteTerror #Education
Chief of Education Tasks City’s Secondary Schools to Develop Personalized Discipline Correction Scheme
Targets Those Arrested for Partaking in Pro-democracy Protests

The Education Bureau dispatched letters to all secondary schools in Hong Kong urging schools to tighten student counseling support, including long-term and personalized disciplinary schemes targeting those who were arrested or prosecuted, with an aim to strengthen their "social values". As for other affected students, schools were asked to provide psychological aids to ease their emotions.

The Bureau asked schools to fill out a set of pre-designed forms to report progress on each disciplinary scheme or assistance granted, including whether a personalized scheme has been developed and strategies deployed, so that the Bureau could be kept abreast with development of the cases and needs of individual schools.

Source: Stand News
#Jun16 #FailedState
#FreedomOfExpression
Statue artist couldn’t believe University-initiated disturbances are oppressing his freedom of expression

Students of Hong Kong Polytechnic University produced and exhibited a series of plaster statues of HK protesters. Without informing the student union, the school took away these plaster statues and some statues were severely damaged.

Statue artist, Ben was furious and is considering of seeking redress through civil claims or small claims tribunal from the school. He said, “I am fully aware of potential disturbances from people with opposing political stances. Similar incidences happened to the Lennon Wall built on campus. However, I couldn’t believe that these troubles actually came from inside the University.”

Source: inmedia.net #Jun16
#FailedState #HKProtests #Censorship #WhiteTerror
#Heartwarming
87-year-old Grandma saddened by growing police brutality but persistent to stand-by young protesters and fight on

Read full article below.
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https://t.me/guardiansofhongkong/22624

Source: PSHK
#Jun16 #PoliceBrutality
#Heartwarming
87-year-old Grandma saddened by growing police brutality but persistent to stand-by young protesters and fight on

While citizens passionately chanted, “Liberate Kong Kong, Revolution of our times” and “Hong Kong Independence, the only way out” , 87-year-old Grandma Yung Shui-fong sat quietly at a corner and didn’t join the rest of the crowd.

On her backpack, however, there was a vast collection of ribbons in yellow, white and black symbolizing umbrella movement in 2014, support-the-medic movement, and the last one representing one’s conscience.

Living in the internet age where most of protest information are disseminated online, Grandma Yung, without a smart phone, only can rely on radio and TV news reports to catch up with the latest development of various activities.

Commenting on situation in Hong Kong, Yung expressed, “police nowadays are a lot more malicious than in 2014.”

Although she only could receive information on protest activities at the very last minutes, she continued to partake in demonstrations to show her support to protect the young protesters. She said with a smile, “I am older than Grandpa Chan of the Protect the Child Group, even though I look younger.”

When chatting with Grandma Yung, she appeared to be shy and uneasy. Her compassion and kindness are a distinct contrast to the harsh reality that HongKongers are going through. There is no despair and hatred in her eyes, but sadness and defiance to fight on.

https://t.me/guardiansofhongkong/22622?single
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View photos in the post above.

Source: PSHK
#Jun16 #PoliceBrutality
Hong Kong Citizens’ recognition of their “Chinese” identity hit the lowest since 1997

The National People’s Congress passed National Security Law targeted at Hong Kong on May 28. In a survey on Hong Kong citizen’s identity recently conducted by HK Public Opinion Research Institute, finding released on Tuesday (June 16) showed that Hong Kong citizen’s recognition of their “Chinese” identity hit the lowest score at 5.74 (10 as full score), a drop of 0.4 points since 6 months ago and the lowest since 1997 while citizens’ identity as “Hongkonger” shot up to 8.57, highest among the identities.

Source: Stand News #Jun16
#FailedState #NationalSecurityLaw #HKIdentity
#SocialDistancing
Health Secretary denies new social distancing measure considered politically sensitive dates; refutes commenting on police approval for the city’s annual rally on July 1

Secretary for Food and Health, Sophia Chan Siu-chee announced further relaxation of “social distancing rule” and restrictions in eateries and entertainment premises on Tuesday (June 16), which she claimed an attempt to normalize the city’s social and economic activities.

In the next 14 days from June 19, maximum number of people gathering in public places has been increased to 50 with exemptions also granted for eateries and banquets. For bars and pubs, people allowed for each table has been increased from 4 to 8 persons.

Although Chan reiterated a few times that the new measures do not take political issues into consideration, duration of these new measures do cover several sensitive dates concerning the anti-ELAB movement. For instance, July 1 was one year from protesters entering the Legislative Council, a determined action showing end of rule of law in Hong Kong.

When being asked whether police force will approve rally gatherings for no more than 50 people once these new measures take effect, she denied responding but repeating policy statement.

Source: Stand News #Jun16
#FailedState #Coronavirus
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#GoHKVideo #BeWater
Two Years into Hongkongers' #FightForFreedom: "Keep the Faith, Until Darkness Gives Away to the Glorious Dawn and Freedom Returns to Our Land"

June 16, 2021 marks #2years since over 2 million Hongkongers--nearly 1/3 of the city's population--took it to the street to protest against extradition to China and voice the "5 demands".

This largest rally in the history of Hong Kong represents Hongkongers' determination to defend their rights and freedom.

Two years onward, Hongkongers tell the world that the fight for democracy goes on, despite political prosecution, censorship and the implementation of draconian laws.

"Keep the Faith.

Until Darkness Gives Away to the Glorious Dawn

and Freedom Returns to Our Land"

Video: JK.
Post-processing by Be Water/Guardians of Hong Kong #Jun16

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#GlorytoHongKong #AntiELAB #NeverGiveUp #NeverForget
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#Creativity #ProtestArts #Video
#Ode to Hong Kong Pro-democracy Movement

The video is a visual and audio poetry produced by the pro-democracy Hong Kong Confederation of Trade Unions (#HKCTU) on the second anniversary of the population's fight for democracy in June 2021,

The music video captures many objects representative of events that took place over the course of the 2019 #AntiELAB movement.

The #lyrics of the #song go:

"I light up the madman's candle
And follow the ants into the crowd,
There is nothing recognizable in the scenery anymore,
But it all feels familiar.

None of this will fade away,
Though footsteps crush each name into dust,
Let the song that flows across the eons
Befriend the souls not yet laid to rest.

Let the moth visit this burning heart

For a moment I remember who I was,
For a moment I remember.

To all who have persevered to this day."

Source: Hong Kong Confederation of Trade Unions #Jun16
#Myanmar
Doctors and university professors join the armed organisation, sighing that peaceful resistance is not fruitful and they can only use weapons to fight for victory  
 

Source: Stand News #Jun16

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#Myanmar
Doctors and university professors join the armed organisation, sighing that peaceful resistance is not fruitful and they can only use weapons to fight for victory
 

Since the Myanmar military launched a coup in February this year, there were over 860 people have been murdered and over 6,000 being arrested. Former State Counsellor Aung San Suu Kyi has been under house arrest. As the military violently suppress the demonstrations, many protesters decided to join armed organisation, getting weapons to fight against the military. There are doctors, university professors among the protest. But there are many people described, they tried to protest peacefully, however armed resistance is the only hope. 
 
Young protester: I do not dare to kill animals before, now I learn to use shotguns against the military 
 
Al Jazeera interviewed a few protesters. Among them, 27 years old Andrew, as one of the young protesters, he described himself for not daring to kill animals before the coup. He has been participated to peaceful protests, and witnessed the citizens being murdered by the military. He then decided to join the civil armed forces, learnt how to use wooden shotgun against military, “When I saw soldier killed citizens, I was very sad, I believed I need to fight against the military government for the citizens.” 
 
Source: Stand News #Jun16

https://bit.ly/3AmiJfv

#StandWithMyanmar #Protest #Democracy #Coup #Suppression 
If Uyghur Lives Matter, the Olympics Should Move

The following article was written by Rayhan Asat, whose brother Ekpar Asat has been detained by Chinese authotities at a prison camp:

//I cheered China on from Wuhan in 2008, when Beijing hosted the Summer Olympics. Thirteen years later, I’m advocating for the 2022 Winter Olympics to be relocated from Beijing, and for a diplomatic boycott if that option fails.

My position shifted drastically because China, a country I hoped would move in a more democratic direction, instead has reached new levels of cruelty.

The government has subjected my brother, Ekpar Asat, to the torture of indefinite solitary confinement, far from home, in the notorious Aksu prison camps...//

Source: WSJ #Jun16

Read more:
https://www.wsj.com/amp/articles/if-uyghur-lives-matter-the-olympics-should-move-11623881691

#Uyghur #Lives #Olympics #China #Wuhan #Beijing
#Court #AntiELAB
Pro-democracy Engineer tells Hong Kong Court to "Return the Power to the Citizens"

Part 1:

[Editor's notes: On July 28, 2019, the police fired numerous #teargas canisters and #rubberbullets in #SheungWan in order to disperse the crowd. 44 people were arrested, 21 of them were charged for rioting. The Court extended the trial from November 13 to December 4, 2021.]

In Hong Kong, 20 civilians, including an 26-year old engineer who pleaded guilty earlier, were accused of the riot at the police-citizen conflict at #SheungWan on July 28, 2019.

On December 4, 2021, Kun Kit-Wang, a 26-year-old engineer, defended himself in court in Hong Kong over rioting charges in the 2019 AntiELAB Movement.

Kun pleaded guilty before the trial and was under detention since May when he revoked his bail.

In court, Kun thanked the magistrate for reminding him to find a legal representative in the previous trial, but he still hoped to defend himself.

Kun said that during the 2019 #AntiELABmovement, #July28 was nothing special originally, but because of the Police’s indulgence of the #July21 indiscriminate attack in #YuenLong, that night triggered the most anger from citizens, and resulted in much anger on the rally on July 28.

He used a quote from #MartinLutherKing, "Riot is a language of the unheard", saying that the #riot classification reflects the government’s negligence of the citizens' opinion.

As a result, he admitted to being part of the riot with no hesitation and indicated that the government should feel ashamed of their actions, not the citizens.

He said there were two #rallies with a million people on #Jun9 and #Jun16, 2019, demonstrating the vox populi. Although the peaceful demonstration gained international accreditation, the Hong Kong government still ignored the backlash and made the decision on their own.

He recalled a quote painted on the wall of the #LegCo chsmber on #Jul01, 2019, "It's you who taught me a peaceful rally can't change anything." It expresses the hopelessness, frustration and anger felt by #Hongkongers at the time.

As there had been magistrate that were unknowledgable concerning the protesters' demands, Kun said that the protesters only hoped for having a chance to participate in policy advocacy, which some regard as "returning the power to the people".

If the #HongKongLegCo does not gain authorisation of the people or does not have a peaceful system to resolve problems, it is suppression. #MaoZedong has said, "fight as there is suppression".

He also pointed out that the #ProvisionalLegislativeCouncil (#PLC) installed by the post-handover government in 1997 was not authorised by the citizens. The handpicked council revived the #PublicOrderOrdinance, which became the law behind the prosecution of many dissidents.

As a person bound by the law, he would like to ask, "do I have the responsibility to obey a contract that I disagree with to begin with?”

Continue with Part 2:


Source: Inmedia #Dec04
https://bit.ly/3ozeOIm

#Defence #PoliticalOppression
#PoliceState
Hong Kong Police Takes Away 13-year-old Boy for commemorating pro-democracy Hongkonger

On the evening of Jan 15, 2022, Hong Kong police took away a 13-year-old boy who lay down a flower to commemorate a pro-democracy Hongkonger outside of Pacific Place in Admiralty.

The day marks 2 years and 7 months since the passing of "Yellow Raincoat Man" #MarcoLeung on June 15, 2019. Leung used his death to remind fellow Hongkongers to say no to extradition to China, marking the first death during the #AntiELAB movement.

The 13-year-old boy was taken away by the police to the police station and fined for HKD1,500 for "littering".

Source: Supreme Media #Jun16
https://t.me/hkposter777/58711

#Death #NeverForget #Martyr #YellowRaincoatMan #Remembrance

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Related News

Two years seven months since passing of pro-democracy martyr Marco Leung Ling-kit
https://t.me/guardiansofhongkong/31894
#Whitewashing
New Hong Kong Textbooks Claims that Hong Kong has Never Been a Colony

Source: Commons #Jun16

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#Whitewashing
New Hong Kong Textbooks Claims that Hong Kong has Never Been a Colony

#MingPao, a newspaper in Hong Kong, recently found four textbooks from three publishers that claim "Hong Kong is not a colony" in the module "Citizenship and Social Development".

One textbook even stated, "China has always had sovereignty over Hong Kong, while Britain only exercised colonial rule in Hong Kong."

Commons, a media outlet, confirmed the constitutional and historical status of Hong Kong as a former British colony, after researching historical documents and materials from the United Kingdom, Hong Kong, and the United Nations.

The media outlet also interviewed Dr. Yeung Wing-yun, who was a former Manager of Assessment Development in the History Division of the Hong Kong Examinations and Assessment Authority (HKEAA) and had taught high school and universities in Hong Kong.

Source: Commons #Jun16

#HKEAA #Colony #UK #YeungWingYun #FactCheck

http://cmmns.co/vYKBV
In March 2023, the Hong Kong National Security Police detained a female student, accusing her of making multiple provocative posts and sharing photos on her social media accounts, including promoting Hong Kong independence.

Source: The Witness; #Jun16

#HongKong #Japan #NSL #NationalSecurityPolice #Student

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