#Court #Judges #Jury
National Security Law states 3 judges will replace the jury
According to the Chinese National Security Law implemented in Hong Kong, the Secretary for Justice can decide to judge a case by 3 judges instead of the jury in order to "protect national secrets".
Former Deputy Director of Public Prosecutions John Reading suggested that this was not a common practice.
Reading questioned, for example, if there were only two judges and they disagreed, majority voting would take place. This was not common practice, however, along with the other problems that will arise out of the various procedures. Reading stressed that all this was unusual.
Source: Cable TV
#Jul5 #nationalsecuritylaw
National Security Law states 3 judges will replace the jury
According to the Chinese National Security Law implemented in Hong Kong, the Secretary for Justice can decide to judge a case by 3 judges instead of the jury in order to "protect national secrets".
Former Deputy Director of Public Prosecutions John Reading suggested that this was not a common practice.
Reading questioned, for example, if there were only two judges and they disagreed, majority voting would take place. This was not common practice, however, along with the other problems that will arise out of the various procedures. Reading stressed that all this was unusual.
Source: Cable TV
#Jul5 #nationalsecuritylaw
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#CoronersInquest
Volunteer #FirstAider who attended in #AlexChow’s case criticises the police for being dishonest
Carson Tsang Long-hin, spokesperson of the group #Ideologist, was the volunteer first aider who appeared at the Coroner’s Court as a citizen witness for Alex Chow’s case.
Tsang said he respected the jury’s decision that the cause of death was suspicious, and hoped Hong Kongers would allow time for the Chow’s family to reflect and digest the decision.
Tsang criticised the police for lying at the press conference following Chow’s death that they did not enter the parking lot when Chow fell. The police only admitted doing so when evidence that showed the opposite was found.
Tsang also questioned whether the police have done their best on the investigation as they claimed that no videotape showing Chow’s fall was found. The videotape was later found upon investigation by the Coroner and the Coroner officer.
Source: Cupid News #Jan9
https://www.facebook.com/117540932243292/posts/722022685128444/?d=n
#ChowTszLok #Truth #Jury #PoliceLies
Volunteer #FirstAider who attended in #AlexChow’s case criticises the police for being dishonest
Carson Tsang Long-hin, spokesperson of the group #Ideologist, was the volunteer first aider who appeared at the Coroner’s Court as a citizen witness for Alex Chow’s case.
Tsang said he respected the jury’s decision that the cause of death was suspicious, and hoped Hong Kongers would allow time for the Chow’s family to reflect and digest the decision.
Tsang criticised the police for lying at the press conference following Chow’s death that they did not enter the parking lot when Chow fell. The police only admitted doing so when evidence that showed the opposite was found.
Tsang also questioned whether the police have done their best on the investigation as they claimed that no videotape showing Chow’s fall was found. The videotape was later found upon investigation by the Coroner and the Coroner officer.
Source: Cupid News #Jan9
https://www.facebook.com/117540932243292/posts/722022685128444/?d=n
#ChowTszLok #Truth #Jury #PoliceLies
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#Court #Jury
Prosecutors Deny Hongkongers' Right to Jury Trial; Judge Has Difficulties in Comprehending Law Written in English
24-year-old #TongYingKit is the first person in Hong Kong charged with national security violation. On July 1, 2020, he displayed a flag that writes "Liberate Hong Kong, Revolution of Our Times" on his motorbike and drove towards three police officers in the protest scene. It was the first day when the national security law came into effect after bypassing the city's legislature.
Tong was charged with "terrorism and inciting se" and has been detained since then. The trial will begin in June 2021.
The Hong Kong court has earlier
denied him a trial by jury. Tong filed a review. The first hearing took place on May 10, 2021.
Senior Counsel Philip Dykes, representing Tong, pointed out in court, "Trial by jury helps ensure the independence and quality of judges... by ensuring that they, and not judges appointed by the executive, actually deliver a verdict in a prosecution started by the government... Trials by a body might afford a defendant some protection against laws which they find harsh or oppressive."
The prosecution, however, claimed that defendants in Hong Kong do not have a constitutional or fundamental right to trial by jury.
Source: Stand News; RTHK #May10
https://bit.ly/3vTVnuH
Prosecutors Deny Hongkongers' Right to Jury Trial; Judge Has Difficulties in Comprehending Law Written in English
24-year-old #TongYingKit is the first person in Hong Kong charged with national security violation. On July 1, 2020, he displayed a flag that writes "Liberate Hong Kong, Revolution of Our Times" on his motorbike and drove towards three police officers in the protest scene. It was the first day when the national security law came into effect after bypassing the city's legislature.
Tong was charged with "terrorism and inciting se" and has been detained since then. The trial will begin in June 2021.
The Hong Kong court has earlier
denied him a trial by jury. Tong filed a review. The first hearing took place on May 10, 2021.
Senior Counsel Philip Dykes, representing Tong, pointed out in court, "Trial by jury helps ensure the independence and quality of judges... by ensuring that they, and not judges appointed by the executive, actually deliver a verdict in a prosecution started by the government... Trials by a body might afford a defendant some protection against laws which they find harsh or oppressive."
The prosecution, however, claimed that defendants in Hong Kong do not have a constitutional or fundamental right to trial by jury.
Source: Stand News; RTHK #May10
https://bit.ly/3vTVnuH
立場新聞 Stand News
【首宗國安法案】不設陪審團決定遭覆核 唐英傑：屬憲法權利 律政司：檢控工作不受干涉 | 立場報道 | 立場新聞
國安法首宗案件、被告唐英傑被指駕駛插有「光時」旗幟電單車撞向三名警員，被控煽動他人分裂國家罪及恐怖活動罪，將於...
#Court
#Opinion: Tong Ying-Kit Case Puts "Liberate Hong Kong" Slogan on Trial, with a Predetermined Verdict
[Editor's note:
24-year-old Tong Ying-kit is the first person to be charged under the National Security Law in Hong Kong, for displaying a flag with the words "Liberate Hong Kong, Revolution of Our Times" on his motorbike and driving towards police officers. The trial is now underway.
The following is an opinion article published by #SimonShen, a public intellectual specialized in international relations, on July 7, 2021.]
"On the surface, this is a case against the man #TongYingKit.
To the Hong Kong authorities, however, this case will effectively set the legal characterization for the slogan "Liberate Hong Kong, the Revolution of Our Times".
This is exactly why the Department of Justice insisted not to allow a trial by jury. Instead, they turned it into a trial by "designated National Security judges", giving them the power to determine the definition of the slogan.
With such an arrangement, the outcome is a foregone conclusion to nearly every observer. No matter what kind of outrageous scenes would happen during the proceedings, when all is said and done, the slogan would become a legally banned phrase, having been deemed unlawful by the 'British-designed judiciary system'.
After all, what would be the alternative? If the courts determined that "Liberate Hong Kong, the Revolution of Our Times" is not equivalent to "Hong Kong independence", then wouldn't it defeat the purpose of establishing the HKSAR National Security Law?
Thus, the authorities had first determined the desired verdict, then began rummaging through the records to dig up evidence that match their narrative.
This process is the exact opposite of the logical reasoning that the world is accustomed to; unfortunately, this is the norm in China. And this is has now become our times."
Source: Simon Shen facebook #Jul7
Read original article in full: patreon.com/posts/53365694
#NationalSecurityLaw #KangarooCourt #CrimeOfSpeech
====
See also:
Prosecutors Deny Hongkongers' Right to Jury Trial; Judge Has Difficulties in Comprehending Law Written in English
https://t.me/guardiansofhongkong/29698
#Opinion: National Security Law Turns Hong Kong Into a Launchpad for China's Legal Terrorism
https://t.me/guardiansofhongkong/22449
#Opinion: Tong Ying-Kit Case Puts "Liberate Hong Kong" Slogan on Trial, with a Predetermined Verdict
[Editor's note:
24-year-old Tong Ying-kit is the first person to be charged under the National Security Law in Hong Kong, for displaying a flag with the words "Liberate Hong Kong, Revolution of Our Times" on his motorbike and driving towards police officers. The trial is now underway.
The following is an opinion article published by #SimonShen, a public intellectual specialized in international relations, on July 7, 2021.]
"On the surface, this is a case against the man #TongYingKit.
To the Hong Kong authorities, however, this case will effectively set the legal characterization for the slogan "Liberate Hong Kong, the Revolution of Our Times".
This is exactly why the Department of Justice insisted not to allow a trial by jury. Instead, they turned it into a trial by "designated National Security judges", giving them the power to determine the definition of the slogan.
With such an arrangement, the outcome is a foregone conclusion to nearly every observer. No matter what kind of outrageous scenes would happen during the proceedings, when all is said and done, the slogan would become a legally banned phrase, having been deemed unlawful by the 'British-designed judiciary system'.
After all, what would be the alternative? If the courts determined that "Liberate Hong Kong, the Revolution of Our Times" is not equivalent to "Hong Kong independence", then wouldn't it defeat the purpose of establishing the HKSAR National Security Law?
Thus, the authorities had first determined the desired verdict, then began rummaging through the records to dig up evidence that match their narrative.
This process is the exact opposite of the logical reasoning that the world is accustomed to; unfortunately, this is the norm in China. And this is has now become our times."
Source: Simon Shen facebook #Jul7
Read original article in full: patreon.com/posts/53365694
#NationalSecurityLaw #KangarooCourt #CrimeOfSpeech
====
See also:
Prosecutors Deny Hongkongers' Right to Jury Trial; Judge Has Difficulties in Comprehending Law Written in English
https://t.me/guardiansofhongkong/29698
#Opinion: National Security Law Turns Hong Kong Into a Launchpad for China's Legal Terrorism
https://t.me/guardiansofhongkong/22449
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#Court #Jury
Prosecutors Deny Hongkongers' Right to Jury Trial; Judge Has Difficulties in Comprehending Law Written in English
24-year-old #TongYingKit is the first person in Hong Kong charged with national security violation. On July 1, 2020, he displayed…
Prosecutors Deny Hongkongers' Right to Jury Trial; Judge Has Difficulties in Comprehending Law Written in English
24-year-old #TongYingKit is the first person in Hong Kong charged with national security violation. On July 1, 2020, he displayed…
Non-jury trial ordered for Hong Kong’s 47 democrats national security case
Hong Kong’s justice minister has ordered a non-jury trial for the city’s largest national security case to date in which dozens of pro-democracy politicians face up to life in prison, according to documents seen by AFP.
Trial by jury has been used by Hong Kong’s common law legal system for 177 years but legislation imposed by China in 2020 to curb dissent allows cases to be heard by dedicated national security judges.
Source: HKFP #Aug16
https://hongkongfp.com/2022/08/16/non-jury-trial-ordered-for-hong-kongs-47-democrats-national-security-case/
#Jury #NationalSecurity #Democracy
Hong Kong’s justice minister has ordered a non-jury trial for the city’s largest national security case to date in which dozens of pro-democracy politicians face up to life in prison, according to documents seen by AFP.
Trial by jury has been used by Hong Kong’s common law legal system for 177 years but legislation imposed by China in 2020 to curb dissent allows cases to be heard by dedicated national security judges.
Source: HKFP #Aug16
https://hongkongfp.com/2022/08/16/non-jury-trial-ordered-for-hong-kongs-47-democrats-national-security-case/
#Jury #NationalSecurity #Democracy