The result of the final appeal for Anti-Mask Law has been out with being constitutional in all policy details. The court claimed to have balanced the social benefits and personal rights restrictions.
#AntiMaskLaw #CourtofFinalAppeal #Judgement #GoHKGraphics
#AntiMaskLaw #CourtofFinalAppeal #Judgement #GoHKGraphics
UK House of Common Raises Concerns on the Severe Downturn in Hong Kong’s Situation. Minister of State for Asia Refuses to Comment on the Freezing of Former HK Legislative Councillor Ted Hui’s HSBC Bank Accounts
The House of Common of the British Parliament hosted an urgent inquiry on the imprisonment of Demosisto’s Secretary-General Joshua Wong, Chairperson Ivan Lam, and party member Agnes Chow on 7th December. Responding on behalf of the UK government, Minister of State for Asia Nigel Adams expressed his concerns on the issue of Hong Kong and the series of cases targeting pro-democratic activists, including the arrest of the three youngsters mentioned above and the media mogul Jimmy Lai from Next Media.
Adams had already expressed his concerns for the aforementioned cases to the Hong Kong government as well as to Beijing senior officials, asking them to adhere to their international obligation. At the time of the inquiry, there were judges from UK’s Supreme Court amongst the group of overseas judges at Hong Kong’s Court of Final Appeal. Adams reiterated that UK judges had always played an important role in supporting judicial independence in Hong Kong, and that this independence was key in the success of Hong Kong. As a result, the UK government had wished to carry on in this aspect. However, the implementation of the Hong Kong National Security Law in July had brought up real problems and contradicted with China’s promise to protect Hong Kong’s fundamental rights and freedom under the Sino-British Joint Declaration. UK’s Supreme Court had been in constant communication with the UK government, examining the situation in Hong Kong and the stand from UK judges.
Parliament members questioned Adams why the UK government was not doing more when the situation in Hong Kong was becoming increasingly severe. They used the freezing of the bank accounts of former Hong Kong LegCo member Ted Hui as an example, suggesting that the UK government could perform countermeasures and sanction Beijing’s banks in return. In his response, Adams reiterated the government’s original stand, stating that he would not comment on individual cases and believed the business community would have their own judgement on Hong Kong’s situation under the newly imposed National Security Law.
Dissatisfied with the response from Adams, former Conservative Party Leader Iain Duncan Smith described the freezing of the bank accounts of Ted Hui and his family as an “outrage”, and that the UK government should stop these actions at once. However, Adams still did not respond directly but reiterated instead that China had made historical promises and would like to see China adhere to those promises.
#UK #China #HongKong #UKParliament #HouseofCommon #TedHui #BankAccountFrozen #Demosisto #JimmyLai #JoshuaWong #IvanLam #AgnesChow #NigelAdams #HongKongNationalSecurityLaw #CourtofFinalAppeal #SupremeCourt
Source: Stand News #Dec08
https://bit.ly/30VTC2x
The House of Common of the British Parliament hosted an urgent inquiry on the imprisonment of Demosisto’s Secretary-General Joshua Wong, Chairperson Ivan Lam, and party member Agnes Chow on 7th December. Responding on behalf of the UK government, Minister of State for Asia Nigel Adams expressed his concerns on the issue of Hong Kong and the series of cases targeting pro-democratic activists, including the arrest of the three youngsters mentioned above and the media mogul Jimmy Lai from Next Media.
Adams had already expressed his concerns for the aforementioned cases to the Hong Kong government as well as to Beijing senior officials, asking them to adhere to their international obligation. At the time of the inquiry, there were judges from UK’s Supreme Court amongst the group of overseas judges at Hong Kong’s Court of Final Appeal. Adams reiterated that UK judges had always played an important role in supporting judicial independence in Hong Kong, and that this independence was key in the success of Hong Kong. As a result, the UK government had wished to carry on in this aspect. However, the implementation of the Hong Kong National Security Law in July had brought up real problems and contradicted with China’s promise to protect Hong Kong’s fundamental rights and freedom under the Sino-British Joint Declaration. UK’s Supreme Court had been in constant communication with the UK government, examining the situation in Hong Kong and the stand from UK judges.
Parliament members questioned Adams why the UK government was not doing more when the situation in Hong Kong was becoming increasingly severe. They used the freezing of the bank accounts of former Hong Kong LegCo member Ted Hui as an example, suggesting that the UK government could perform countermeasures and sanction Beijing’s banks in return. In his response, Adams reiterated the government’s original stand, stating that he would not comment on individual cases and believed the business community would have their own judgement on Hong Kong’s situation under the newly imposed National Security Law.
Dissatisfied with the response from Adams, former Conservative Party Leader Iain Duncan Smith described the freezing of the bank accounts of Ted Hui and his family as an “outrage”, and that the UK government should stop these actions at once. However, Adams still did not respond directly but reiterated instead that China had made historical promises and would like to see China adhere to those promises.
#UK #China #HongKong #UKParliament #HouseofCommon #TedHui #BankAccountFrozen #Demosisto #JimmyLai #JoshuaWong #IvanLam #AgnesChow #NigelAdams #HongKongNationalSecurityLaw #CourtofFinalAppeal #SupremeCourt
Source: Stand News #Dec08
https://bit.ly/30VTC2x
#Court
"Joint Enterprise" Not Applicable to #Rioting, Hong Kong Top Court Rules; "Only Restoring What the Government Illegally Changed", Says Hongkonger
#CourtOfFInalAppeal #Verdict #JointEnterprise
Sources: Citizen News #Nov4
Read more
⬇️⬇️⬇️⬇️
https://t.me/guardiansofhongkong/31388
"Joint Enterprise" Not Applicable to #Rioting, Hong Kong Top Court Rules; "Only Restoring What the Government Illegally Changed", Says Hongkonger
#CourtOfFInalAppeal #Verdict #JointEnterprise
Sources: Citizen News #Nov4
Read more
⬇️⬇️⬇️⬇️
https://t.me/guardiansofhongkong/31388
#Court
"Joint Enterprise" Not Applicable to #Rioting, Hong Kong Top Court Rules; "Only Restoring What the Government Illegally Changed", Says Hongkonger
Hong Kong's Court of Final Appeal handed down a landmark verdict on November 4, 2021, ruling that people not physically present at a riot or unlawful assembly cannot be charged under the common law doctrine of "joint enterprise".
This ruling had far-reaching implications, as the government had charged large numbers of protesters in the Anti-ELAB Movement with these two offenses.
In September 2020, the Department of Justice (#DoJ) submitted an appeal to seek clarification on the principle of joint enterprise stemming from #ElaineTo and #HenryTong’s case, where the couple was acquitted of rioting.
See also: Chanting protest slogan at home could risk an offence of rioting, legal practitioner warns (Sept 28, 2020)
https://t.me/guardiansofhongkong/25567
If the principle were applicable, then supporters in roles such as sentries, drivers, and being in charge of supplies may become at risk to being found guilty for rioting as secondary offenders, even though they were physically far from the scene of the riot. The verdict ruled otherwise. However, the Court of Final Appeal also emphasized that those who “promote or act in furtherance” of an illegal assembly or riot may still be liable to face charges if they committed "secondary and inchoate liability offences", whether they were present or not.
Henry Tong, one of the two pro-democracy activists who submitted the appeal, said that the verdict was reasonable, and he was satisfied with the results. He noted that the successful appeal merely restores the law to what it was before the DoJ had tried to "make illegal changes" to it.
He admitted that he had been very nervous in the few days leading up to the verdict and had trouble sleeping, and is now quite tired. However, he was glad that today brought some positive energy to friends in these difficult times.
It had been more than a year since the DoJ made its appeal, and he had now finished what he could do, he said. However, he noted that the broader situation of Hong Kong is still changing. "It feels terrible to watch my hometown fall apart," he said.
He took a more positive tone in his Facebook post about the verdict, however, exhorting Hongkongers to keep on: "If we can restore what had gone bad in the areas in the reach of each of us, then Hong Kong has a chance to be restored."
#CourtOfFInalAppeal #Verdict #JointEnterprise
Sources:
- Citizen News #Nov4
https://bit.ly/3q5ldMF
- Court of Final Appeal Press Release (Chinese):
https://legalref.judiciary.hk/doc/judg/html/vetted/other/en/2021/FACC000006_2021_files/FACC000006_2021CS.docx
- Henry Tong's Facebook
https://www.facebook.com/108379573919637/posts/594304725327117/
"Joint Enterprise" Not Applicable to #Rioting, Hong Kong Top Court Rules; "Only Restoring What the Government Illegally Changed", Says Hongkonger
Hong Kong's Court of Final Appeal handed down a landmark verdict on November 4, 2021, ruling that people not physically present at a riot or unlawful assembly cannot be charged under the common law doctrine of "joint enterprise".
This ruling had far-reaching implications, as the government had charged large numbers of protesters in the Anti-ELAB Movement with these two offenses.
In September 2020, the Department of Justice (#DoJ) submitted an appeal to seek clarification on the principle of joint enterprise stemming from #ElaineTo and #HenryTong’s case, where the couple was acquitted of rioting.
See also: Chanting protest slogan at home could risk an offence of rioting, legal practitioner warns (Sept 28, 2020)
https://t.me/guardiansofhongkong/25567
If the principle were applicable, then supporters in roles such as sentries, drivers, and being in charge of supplies may become at risk to being found guilty for rioting as secondary offenders, even though they were physically far from the scene of the riot. The verdict ruled otherwise. However, the Court of Final Appeal also emphasized that those who “promote or act in furtherance” of an illegal assembly or riot may still be liable to face charges if they committed "secondary and inchoate liability offences", whether they were present or not.
Henry Tong, one of the two pro-democracy activists who submitted the appeal, said that the verdict was reasonable, and he was satisfied with the results. He noted that the successful appeal merely restores the law to what it was before the DoJ had tried to "make illegal changes" to it.
He admitted that he had been very nervous in the few days leading up to the verdict and had trouble sleeping, and is now quite tired. However, he was glad that today brought some positive energy to friends in these difficult times.
It had been more than a year since the DoJ made its appeal, and he had now finished what he could do, he said. However, he noted that the broader situation of Hong Kong is still changing. "It feels terrible to watch my hometown fall apart," he said.
He took a more positive tone in his Facebook post about the verdict, however, exhorting Hongkongers to keep on: "If we can restore what had gone bad in the areas in the reach of each of us, then Hong Kong has a chance to be restored."
#CourtOfFInalAppeal #Verdict #JointEnterprise
Sources:
- Citizen News #Nov4
https://bit.ly/3q5ldMF
- Court of Final Appeal Press Release (Chinese):
https://legalref.judiciary.hk/doc/judg/html/vetted/other/en/2021/FACC000006_2021_files/FACC000006_2021CS.docx
- Henry Tong's Facebook
https://www.facebook.com/108379573919637/posts/594304725327117/
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Chanting protest slogan at home could risk an offence of rioting, legal practitioner warns
Citing Section 81D of the Criminal Procedure Ordinance, the Hong Kong's Department of Justice (DOJ) sought clarification from the Court of Appeal on the…
Chanting protest slogan at home could risk an offence of rioting, legal practitioner warns
Citing Section 81D of the Criminal Procedure Ordinance, the Hong Kong's Department of Justice (DOJ) sought clarification from the Court of Appeal on the…