#WhiteTerror
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 principles of joint enterprise stemming from Elaine To and Henry Tong’s case, where the couple was acquitted of riotting, as the Judge said there was “no direct evidence against the defendants, although they were arrested near the site of clashes between protesters and the police”.

DOJ, however, took a different view. It reasoned that as illegal assembly and rioting activities are taking different forms nowadays, becoming increasingly fluid. Many “participants” of such illegal events do not have to show up physically at the scene, such as acting as sentry, drivers assisting protesters to escape, arms and equipment suppliers, members of material stations, or those responsible for brick-digging blocks away from a clash.

DOJ was reportedly attempting to stretch the interpretation of “joint enterprise” to cover all “indirect participants” of an illegal assembly or rioting, disregarding their presence at the scene.

Some members of legal profession explained, the essence of DOJ’s inquiry lies in alibi: even if a defendant is not present at the scene of an illegal assembly, he/she could still be charged over an illegal assembly or rioting offence, for example, by chanting slogans on the balcony of their home in support of an ongoing rally on the street.

Senior Counsel Hectar Pun confirmed that DOJ has applied to the Court of Appeal under section 81D of the Criminal Procedure Ordinance for the first time since 1997. Pun opined that it is a rare situation and outcome of which could have far-reaching implications for similar cases in the future.

Source: Citizens News #Sept21
#PoliceState #DOJ #JointEnterprise #Injustice

#Injustice
HK's Department of Justice: No further prosecution over #LammaFerry Tragedy

The Department of Justice (#DoJ) has decided not to initiate prosecution against individuals or companies involved in the 2012 Lamma ferry collision.

In a written reply to a question by the Legislative Council, the DoJ stated that the police force had submitted investigation reports and evidence against the individuals and organizations out of the Marine Department to the DoJ.

The Police was notified by the DoJ last month that prosecution over the maritime accident was ended.The Police had submitted 39 death investigation reports to the Coroner's Court, and had informed the Coroner about all investigation results and legal advice last month.

The DoJ stressed that only if the case had a reasonable prospect of conviction, and was in the public interest, prosecution would be commenced; and prosecution had earlier been initiated against the two ferry captains and the two Marine officers.

Source: Now #Nov4

#Court
Ted Hui lodges judicial review against DoJ's intervention on cases involving police and pro-government citizen

The Democratic Party member Ted Hui Chi-Fung filed two cases of private prosecutions, including a policeman shooting a protestor in Sai Wan Ho and a taxi driver ramming a protestor, but Department of Justice (#DOJ) intervened and halted both cases.

On Nov 17, 2020, Ted Hui lodged judicial review at the High court. He condemned DOJ for violating the constitutional and depriving civilians’ right to bring a private prosecution. He demanded the court to withdraw the decision of DOJ on these two cases.

Source: InMedia HK #Nov17
https://bit.ly/32OKWwA

#TedHui #FailedState #PrivateProsecution

#HongkongersVoice
Hongkongers in Defense of Rights and Freedom: This is our home. We'll Die, if We Stop

Part 1/3
https://t.me/guardiansofhongkong/26804

Part 2/3
https://t.me/guardiansofhongkong/26891

Part 3/3

Kwun Tong District Councillor Eason Chan Yik-Shun is also this year's graduates of the Chinese University of Hong Kong (#CUHK).

He said that Hongkongers were unable to express their feelings toward the pro-democracy movement, since the police have prohibited all marches and rallies in the past six months.

Eason Chan hoped the march at CUHK on Nov 19, 2020 could bring enthusiasm to the fight for freedom in society and remind everyone that “the [pro-democracy] movement is not finished.”

Eason Chan pointed out that the young generation of Hong Kong lost all hope and confidence to the future, owing to police brutality and injustice imposed by the Department of Justice (#DOJ). However, he believed that Hongkongers would continue to fight: “This is our home. We'll die, if we stop.”

Chan emphasised, “Many young people still have committment to Hong Kong". Chan also pointed out that the graduates' participation in the march showed that they would continue to come out and are not scared of being arrested.

Some parents also participated in the march on Nov 19, 2020. Apple, the mother of a CUHK student, said that she couldn’t stand still and let the authorities suppress the youths.

“As a parent, I have to come out and back them [young people] up,” she said. She felt heartbreaking to see how the students had sacrificed for the fight for democracy in the past year and all the casualties in the movement.

Apple hopes that the next generation can "enjoy freedom and live in Hong Kong safely". She reiterated that one shod not give up the fight in Hong Kong in face of the suppression by the Chinese Community Party (#CCP).

Source: InMedia #Nov19
https://bit.ly/38XLnbt

#EasonChan #ChanYikShun #DistrictCouncillor #KwunTong
#HongKongProtests #CUGraduates #Conscience #HKStudents #Youth #Parents

#Court #Injustice
HK Gov't Files Review, Court Increases Sentence of Civilian Charged with "Unlawful Assembly" from 2 Weeks to 7 Months

An assistant to the Board of Director of a trade company who allegedly helped to move the crowd control barrier when he passed by the protest site at Admiralty on June 12, 2019. The 34-year-old man was charged with joining an "unlawful assembly".

He pleaded guilty and was sentenced to two weeks in jail at the Eastern Magistrates' Courts in June 2020.

The Department of Justice (#DoJ) applied for a sentence review. Athough it was overruled by the magistrate, the DoJ continued to bring up the case to the Court of Appeal for review.

The Court of Appeal ruled that the original magistrate Lam Tze-kan was "wrong in principle", citing that the "sentence was apparently too light". The sentence was increased from 2 weeks to 7 months. The court said written reasons for the decision will be given later.

Source: Stand News #Nov23
#PoliceState #Sentence #CourtofAppeal

#Authoritarianism #WhiteTerror #FailedState
Authorities Demand All Civil Servants to Pledge Allegiance; Refusal will Jeopardize Chances of Promotion

The Hong Kong Government announced new guideline recently requiring all new civil servants who joined on 1 July, 2020 or after to swear allegiance to the city and its mini-constitution, “Basic Law”.

On November 26, 2020, Secretary of Civil Service Patrick Nip Tak-Kuen clarified that all existing civil servants should sign declaration or take an oath of loyalty in one round.

Nip also stated that chances of promotion would be affected for those reject signing the declaration.

Nip stressed that he is in consultation with the Department of Justice (#DOJ) to discern whether those refused to sign the declaration of loyalty will be terminated.

Patrick Nip pointed out that advocating “Basic Law” and pledging loyalty to the Hong Kong government is an essential requirement and responsibility of a civil servant, which is also in line with social expectation.

Senior civil servants, including Director and permanent secretary of a department might be asked to take oath separately. In due course, details of the arrangement will be communicated to the Civil Service Union.

Source: Stand News #Nov26
https://www.thestandnews.com/politics/%E5%B0%87%E8%A6%81%E6%B1%82%E7%8F%BE%E8%81%B7%E5%85%AC%E5%8B%99%E5%93%A1%E4%B8%80%E6%AC%A1%E9%81%8E%E5%AE%A3%E8%AA%93%E7%B0%BD%E8%81%B2%E6%98%8E-%E8%81%B6%E5%BE%B7%E6%AC%8A-%E6%8B%92%E7%B0%BD%E5%BF%85%E5%BD%B1%E9%9F%BF%E5%8D%87%E9%81%B7/

#Oath #CivilServant #PatrickNip #Allegiance

#GoHKGraphics
Hong Kong Police Force and the Department of Justice insisted that the arrests made during protests were fair.

The Stand News has followed up with 594 of the concluded cases, in an attempt to figure out the truth: Were the arrests excessive?

#PoliceState #Arrest #AntiELAB #HongKongProtests #PoliticalOppression #DoJ #StandWithHK

Source: https://www.thestandnews.com/politics/%E5%8F%8D%E9%80%81%E4%B8%AD%E6%A1%88%E4%BB%B6%E7%B5%B1%E8%A8%88-%E8%BF%91-600-%E9%A0%85%E6%8E%A7%E7%BD%AA%E8%BF%BD%E8%B9%A4-22-%E6%92%A4%E6%8E%A7%E6%88%96%E7%84%A1%E7%BD%AA/

#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

#Court #RuleByLaw #Regime #Justice
Department of Justice Cites Unenacted #Article23 in Hong Kong Court

Founder of Apple Daily and Next Magazine, #JimmyLai Chee-ying, has been remanded in custody in Hong Kong since the end of 2020 on suspicion of "colluding with foreign forces and fraud".

On February 1, 2020 the Court of Final Appeal in Hong Kong heard an appeal against the decision to release him on a HK$10 million cash bail, pending trial over national security charges.

The appeal was heard before five hand-picked National Security judges, including the new Chief Justice #AndrewCheung Kui-nung, permanent justices Roberto Ribeiro and Joseph Fok, and non-permanent local judges Patrick Chan Siu-oi and Frank Stock.

Representative of the Department of Justice (#DoJ), Deputy Director of Public Prosecutions Anthony Chau Tin-hang attempted to put meaning to “acts that endanger national security”. Chau stated that such acts are not limited to offences under the National Security Act, but also include local offences and any actions that would endanger national security.

Non-Permanent Judge Chan asked Chau to give examples of “acts endangering national security” which are not criminalised.

Chau quoted some behaviors covered in Basic Law #Article23, referring to the prohibition of political activities by foreign political organizations in Hong Kong, or the establishment of links between local and foreign political organizations. Article 23, however, has yet to be enacted.

Non-permanent local judge Patrick Chan Siu-oi questioned, “That is to say these are not a crime.” Chau agreed. Chan immediately responded, “Then why should we be bothered?”

Permanent judge Roberto Ribeiro pointed out that the purpose of the #NationalSecurityLaw is to prevent crimes against national security, and no one questions the importance of national security. He carried on saying that it would be “odd” for judges to be concerned with acts that are not yet criminalised.

Ribeiro elaborated that "I can't think of any behavior that endangers national security but won't be contravening the law and the arrest.” He asked the DoJ representative to supplement with examples.

In response, Anthony Chau cited actus reus as a possible offence letting alone the criminal intent and thus they do not constitute an act of complete crime. Ribeiro asked the government's prosecutor to explain how bail judges could reach a decision.

Chief judge Andrew Cheung Kui-nung also casted doubt in the prosecution's logic. He said, “a citizen can commit an act that violats the National Security Law, but the person may not get arrested. However, a national security suspect, committing the same act, would be detained in custody?”

Cheung remarked, “isn’t it odd?” The DOJ representative responded that this is up to the Judge to decide. He clarified that he is referring to "an act" in relation to the suspected charges of the National Security suspect, not "any act".

The prosecutor also mentioned that the National Security Law will not supersede the "presumption of innocence" and it is also in accordance with the Human Rights Act.

When speaking on the Rights of Freedom, the prosecutor insisted that the defence shall not rely on cases of the European Court on Human Rights, reiterating that The European Convention on Human Rights cannot be applied directly to Hong Kong.

Source: Apple Daily, #Feb2
https://hk.appledaily.com/local/20210201/6KXCOOIP6VAOZK4SRCNQV5C72E/

#Court #PoliceState
Hong Kong #ESports player acquitted from "conspiring to riot" worries the Authorities might lodge an appeal

Six Hongkongers were charged with "conspiring to riot" regarding a clash on Oct 1, 2019, which was the PRC's National Day.

On Feb 19, 2021, after more than one year since the accusation was made, all six accused were acquitted in court.

Outside the court, e-sports player Cheung Ho Fai, as one of the six accused, said he felt stressed and negative as the verdict was not announced until the lunar new year, and he only anticipated a fifty-fifty chance of winning.

Even though they were now acquitted, Cheung was still worried that the Department of Justice (#DoJ) might file an appeal.

He also wished that he could suffer the stress for his girlfriend, who was also one of the accused, and believed every boyfriend would have thought the same.

As Cheung stepped out of the court, friends congratulated him and some said “Way to go!” “Now go back to E sports and win a champion!”

Before answering the reporters’ questions, Cheung wiped away the sweat on his face and forehead and said “I’m exhausted! It was so stressful!”.

Cheung initially expected to hear the verdict in about a week or a month since the trial was concluded back in December 2020. It turned out that the verdict was not announced until after the lunar new year. He said he wished the case could have ended earlier “It was such a long wait, it wore me down”.

One of the accused in this case was his girlfriend, So Mei Lei. Cheung said, the Anti-ELAB movement began soon after they met. “We got arrested about two, three months after we started dating”, therefore they did not have any future plans, “the only plan was to get ready for the trials”.

Source: Apple News #Feb19

https://hk.appledaily.com/local/20210219/WYCOLN4KSZHIVHKRFBHUPH3VFA/

#Acquitted #HongKongProtests #AntiElab #RiottingCharges #PoliticalPersecution