#1C1S #SeparationofPowers
Beijing Loyalist Cojoins Carrie Lam: No separation of powers in Hong Kong

Jasper Tsang Yuk-sing is the former president of LegCo and the founding member of the pro-Beijing party DAB in Hong Kong. Tsang joined the debates about "separation of powers" by supporting Chief Executive Carrie Lam and Secretary for Education Kelvin Yeung Yun-hung. Tsang said their ”no separation of powers” statement was "consistent with common knowledge".

Tsang also claimed that the Hong Kong system was different from the US referring to the ”separation of powers", and thus it was inaccurate to consider the “separation of powers” as an essential part of democracy.

He said Hong Kong has already “moved forward”, compared with the time before the handover, giving an example that Basic law clearly states officers can’t be lawmakers concurrently after 1997, which was once legitimate.

Source: Cupid Producer #Sept4
#Totalitarianism #RuleByLaw #FailedState #JasperTsang #CarrieLam #KelvinYeung

#Court
China's State Media Praises Former Judge for Criticizing HK's Judicial Review System; Pro-dem Lawmaker and Lawyer: "Ureasonable statement"

Former permanent judge of the Court of Final Appeal Litton wrote in a Chinese-language newspaper Ming Pao Daily on Sept 4, 2020 that the Hong Kong courts accelerated the chaos in society through undergoing judicial review of decisions made by Chinese authorities for Hong Kong.

This opinion article by Littton has been praised by China's state media People's Daily (https://twitter.com/PDChinese/status/1302775090015133698?s=20).

Litton criticised two Hong Kong judges who handled the judicial review of the anti-mask law, which was forcefully enacted without passing through Hong Kong's legislature in 2019, for giving themselves power and raising their status to Beijing's Standing Committee of National People's Congress (NPC).

Pro-democracy lawmaker and Lawyer Kwok Wing-hang pointed out that most of the legal sector and Hong Kong citizens see the interpretation of Hong Kong's constitution Basic Law by the NPC standing committee and the direct implementation of the National Security Law as a violation of the rule of law, as well as the human rights and freedom. Kwol criticised Litton for being misleading, because the culprit was the government, not judges or citizens.

Kwok stated that the rule of law stated by Litton was "China-style rule of law", instead of the one agreed by the international society. He said the only silver lining in this eveny was that Litton has already been retired.

Source: 852 post #Sept4
#RulebyLaw #FailedState #1C1S

#Sedition #Court
Police Charge Pro-democracy activist with Sedition for Chanting "Five Demands and Not One Less" and Other Protest Slogans

Source: Stand News #Sept7 ;
Apple Daily #Sept8

#WhiteTerror #Censorship #RulebyLaw #FreeSpeech #TamTakChi

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https://t.me/guardiansofhongkong/25112

#Court #Sedition
Police Charge Pro-democracy activist with Sedition for Chanting "Five Demands and Not One Less" and Other Protest Slogans

Pro-democracy activist Tam Tak-chi, deputy chairman of People Power, was mentioned in Fanling Magistrates' Court on Sept 8, 2020, after being detained for more than 50 hours.

The police arrested Tam in Tai Po at noon on Sept 6, charging him with “sedition” and "causing others to hate or despise the government" under Article 10 of the Cap. 200 Crimes Ordinance.

In court, the prosecution claimed that the following phrases incite hatred for the government and the police.

1. "Liberate Hong Kong, Revolution of Our Times"
2. "Five Demands Not One Less"
3. "Corrupt Cop, May Your Whole Family Die"
4. "Disband the Police Force"
5. "[Police] Disppeared on 7.21, Murdered on 8.31 and Shot People on 10.1"

The court refused Tam's application for bail and the next hearing will be held on November 27, 2020. Tam was sent to Lai Chi Kok Reception Centre for further detention.

One day before the court, pro-Beijing channel TVB News had already released information: it was said that Tam from the end of June to August had been disseminating "seditious materials" by running street stations, speaking via loudspeakers, and publishing on social media platforms. These messages included "Down with the Communist Party" and slogans "Liberate Hong Kong, Revolution of our Times", and calling for "sanctions against officials". The pro-Beijing news channel described his behavior as "an attempt to provoke surrounding people."

Source: Stand News #Sept7 ;
Apple Daily #Sept8
https://www.facebook.com/710476795704610/posts/3434549639963965/

https://hk.appledaily.com/local/20200908/U7AJ64X7WVDFVEUQDA2RQD5GDI/

#WhiteTerror #Censorship #RulebyLaw #FreeSpeech #TamTakChi

#PoliticalPersecution
#Court Refuses Bail and Detains HK's Pro-democracy Activist Charged with 'Sedition' Without Trial

Pro-democracy activist 'Fast Beat' Tam Tak-chi, vice-chairperson of People Power, will remain in custody for at least 2 months, as the court rejected his bail application on Sept 17, 2020.

Tam was arrested by the police on Sept 6, 2020 and charged with "sedition" for chanting familar protest slogans including "Five Demands Not One Less".

Legislator Ray Chan, chairperson of People Power, described it as a political persecution: The government and the police force are using their power and the law to jail Tam before a trial can take place, in order to intimidate the rest of the population. Chan cited former US president Franklin D. Roosevelt: "Only thing we have to fear is fear itself". Chan said, "We are not afraid, we'll go on to express ourselves and do what Hongkongers deem right".

Erica Yuen Lai-ming, former chairperson of People Power, also supported Tam in court. She emphasized that Tam did nothing illegal and thst the authorities are oppressing those who are outspoken about their views. She questioned the supposed damage Tam had caused, to an extent where a bail was not granted.

Former legislator 'Long Hair' Leung Kwok-hung and district councilor Tsang Kin-shing also voiced their support for Tam on site.

Source: InMedia #Sept17
https://bit.ly/32zGfa6

#TamTakChi #RayChan #EricaYuen #PeoplePower
#FranklinRoosevelt
#PoliticalOppression #RulebyLaw #Sedition

#Save12HKYouths
1 Month Since China Captures and Detains 12 Hongkongers, Authorities Force 5 Lawyers to Withdraw

Since China Coast Guard arrested 12 Hongkongers in the waters on August 23, 2020, neither their families, nor their lawyers were allowed to meet with them. The distressed families lamented they could not know if their love ones are still alive and that the Hong Kong Government did not provide any effective assistance.

See Timeline:
https://t.me/guardiansofhongkong/25411

So far, 5 lawyers appointed by the families had dropped the case after being pressurized by Chinese authorities and law society in China. The Chinese government insisted on assigning their own lawyers to the detainees.

On September 20, 2020, one lawyer employed by a detainee's family received a phone call from PRC's Justice Bureau. On the phone, he was asked if he was handling a case that involved 12 Hongkongers. After the lawyer admitted it, the voice asked to meet him in person 2 days later.

On 21 Sept, the lawyer received another call from PRC's Justice Bureau and a request for his client’s name. After a while, his law firm received a call checking if they were handling a case about illegal border transgression.

In the end, the Chinese authorities ordered the lawyer to withdraw the case as it "involved political matters".

Indeed, the lawyer had just completed the notarization procedure and was mailing related document to Chinese authorities. It was suspected that the Chinese authorities had traced his identity and requested to meet In person after knowing that his notarization was done in Hong Kong.

As his client is underage, the detainee couldn’t 'hire' any lawyer and should be represented by the one his family entrusted.

On September 22, it turned out that the head of the Bureau of Justice, the head of a substation and a Chief Legal Officer were all there to meet the lawyer. They all asked him to drop the case.

The lawyer declined by pointing out that he had completed the notarization procedure and signed a contract with his client's family.

The authorities insisted and revealed that another lawyer would be 'assigned' to his client after he withdraws. After using a carrot and stick approach, the authorities became more stern in requesting the lawyer to quit.

It is expected the authority would continue pressurising him.

Source: Save 12 Hong Kong Youths Concern Group #Sept22
https://t.me/save12hkyouths/19

#RulebyLaw #ChineseLaw

#Save12HKYouths
Chinese State Media Defend China's Detention of the 12 Hongkongers

China’s mouthpiece, Xinhua News Agency, mentioned for the first time on September 25, the 12 Hongkongers who have been detained in Shenzhen, China for more than a month. The article said they were accused of breaching Chinese border controls and that, as there was no extradition treaty between Hong Kong and the mainland, the Chinese government has the power to detain, handle and punish them.

The state news agency slammed pro-democracy lawmakers for seeking to draw foreign help over the incident by framing the matter as a human rights issue. Xinhua News claimed, "the democrats were blatantly exploiting the 12 Hong Kong people and their families for their own benefit, in order to incite hate against the city’s government and China".

"Xinhua News was twisting facts about Hong Kong people’s distrust of Beijing", Hong Kong lawmaker Eddie Chu told Apple Daily. He pointed out that the article failed to answer key questions such as why lawyers have been barred from visiting the 12 detainees, and the lack of evidence to prove that they were really captured in Chinese waters.

Pro-democracy activist Owen Chow, responded on behalf of the families and reiterated that it was the families who sought help from the lawmakers and not the other way round, as Xinhua News had wrongly accused. The families demanded that the Hong Kong government respond to their requests directly, Chow said.

Source: Apple Daily #Sept25
https://hk.appledaily.com/news/20200926/WNRX6LUOGNCUTAE7NOGW7LJJEM/

#RulebyLaw #Save12HongKongYouths #XinhuaNews #FakeNews #ChinaPropaganda #IllegalDetention

#Save12 #BringThemBack
China Informs 12 Hong Kong Youths' Families of Their Trial Only 3 Days Prior on Christmas Day

On the Christmas Day of 2020, the families of the 12 pro-democracy Hongkongers detained in China not only could not see their loved ones; seven families also received a last-minute notice from the lawyers appointed by the Chinese Government that the trial of ten of the 12 Hongkongers would take place on Dec 28, 2020, which was in less than 3 days including the public holidays.

Among the 12 Hongkongers detained by the Chinese authorities since August 2020, ten of them will face trial on Dec 28, 2020 at the Yantian Court in China, but only seven families received such a notice.

The Chinese court told the media that it belonged to a "secret case" and no public and media would be allowed to audit. The trial is also not listed in the timetable of the Yantian People's Court.

The #Save12HKYouths Concern Group released a statement on Dec 25, 2020, demanding the delivery of confirmed, open and clear information of the trials of the 12 Hongkongers. They also demanded the presence of their families, the lawyers hired by their families, Hong Kong and international media and diplomats from different countries to be allowed in court.

The families also demanded the Chinese authorities to allow them to pay the prison a visit, were the detained Hongkongers to be sentenced; and the HKSAR government to send representatives to make sure the civil rights of the Hongkongers could be protected.

Source: Save 12 HK Youths Concern Group #Dec25

#HumanitarianCrisis #ChineseCourt #RulebyLaw #Christmas2020

#Injustice #Court #RulebyLaw
HK's Department of Justice suggests "No Bail Provision" for National Security suspects

Source: Stand News, #Feb1

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#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

Source: Apple Daily #Feb2

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#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/

#FirstHand #GoHKInterview #Mar1
"Jail First, Trial Later": Ex-Lawmaker in Hong Kong Blasts National Security Trial for Lack of Due Process

1800 | West Kowloon Magistrates' Courts

Watch video:
https://t.me/guardiansofhongkong/28863

On the early evening of March 1, 2021, former lawmaker #LeeCheukYan talked to reporters outside the court, as he was waiting for the updates on the court hearing of the 47 pro-democracy activists on trial under the #NationalSecurityLaw, along with many supporters at the scene.

It was revealed in the day's court proceedings that the prosecution had not yet finished their investigations, even though the case is already being brought to court.

Lee criticized the lack of due process under the draconian law, and called the government's tactics "dirty and self-contradicting".

"The authorities clumsily arrest all these people before they got their evidence together. Now that they're not ready for the trial, they wouldn't grant them bail. But this is how Hong Kong's law is like now," Lee said.

"The government is even wasting the judge's time," Lee added sympathetically, in reference to the prosecution asking to delay the case for another two months until May 2021.

"Worse yet, after all this charade, they might still not grant us bail. Then our defendants would end up jailed without trial for months," Lee pointed out.

When asked about the eight activists who were arrested together with the 47 but were not charged today, Lee says that the government's choice not to prosecute them seems intended to instigate divisions within the pro-democracy camp.

However, it only made their arrest even more ridiculous: "They don't even have evidence for the 47 they charged today, let alone the eight." Even so, Lee said, the government showed its intent to first keep the 47 pro-democracy activists and politicians behind bars for some time. "You simply don't know when they'll be free. The whole thing is ridiculous."

=====
More first-hand interviews from the same day:

Pro-democracy Activist #FigoChan: I Am Sure We Won't Give Up
https://t.me/guardiansofhongkong/28861

#Court #PoliticalPrisoners #PoliceState #47Democrats #PoliticalPersecution #Injustice #HumanitarianCrisis #RuleByLaw

#Court #RulebyLaw
Second Conviction for Inciting Secession: A Young Man Chanting Pro-Democracy Slogans in Public

#NationalSecurityLaw #NSL #SpeechCrime #MaChunMan #Suppression

Source: Stand News; #Oct25

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#Court #RulebyLaw
Second Conviction for Inciting Secession: A Young Man Chanting Pro-Democracy Slogans in Public

Ma Chun-man, a prominent pro-democracy protester nicknamed "Captain America 2.0", was found guilty in a District Court on October 25 for inciting secession by chanting and displaying protest slogans.

District Judge Stanley Chan ruled that Ma “continuously and unreservedly” incited others to do what was prohibited under the national security law, using slogans such as “Liberate Hong Kong, revolution of our times”, “One nation, one Hong Kong” and “Hong Kong independence, the only way out".

“The defendant’s words were not empty talk, but a sincere and heartfelt expression of his beliefs and feelings,” said Chan, who is among a list of judges hand-picked by Hong Kong’s leader to oversee national security cases.

Ma was the second person convicted under the National Security Law, after #TongYingKit who was sentenced to nine years in prison after he rode a motorbike through police blockades while flying a flag with a protest slogan.

#NationalSecurityLaw #NSL #SpeechCrime #MaChunMan #Suppression

Source: Stand News; #Oct25
https://thestandnews.page.link/SwoUvZf3rH3kyQWw5

#Court #RulebyLaw
Catch-22: Authority Rejects Reference Books Sent to Activist Lawyer Detained for Subversion, Due to Content about Subversion

#TonyeeChow #NSL #PrisonerRights #HongKongAlliance #HKASPDMC #June4th #TiananmenMassacre #SzetoWah

Source: Stand News #Oct23

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#Court #RulebyLaw
Catch-22: Authority Rejects Reference Books Sent to Activist Lawyer Detained for Subversion, Due to Content about Subversion

Tonyee #ChowHangTung, the former vice-chairperson of Hong Kong Alliance in Support of Patriotic Democratic Movements of China (#HKASPDMC), is in detention on charges of inciting subversion of state power. A lawyer by trade, she intends to represent herself in her upcoming trial, and is preparing her own defense while in custody.

In an article on her Patreon published on October 23, she mentioned that her relatives and friends recently tried to send books about the late activist Szeto Wah and the Tiananmen Massacre in 1989, but the Hong Kong Correctional Services (#HKCS) rejected them.

(Editor's note: Szeto Wah was the founder of the Hong Kong Alliance (#HKA) and was one of the most influential activists in Hong Kong who worked for decades to establish, preserve and protect Hong Kong people's democratic institutions, freedom and human rights.)

One of the books, she quoted an HKCS staff, "mentions behaviours of subverting state power". The decision could not be appealed, the staff added.

Chow questions whether the HKCS had assumed the role of the judge, making a fair trial impossible. The books are reference materials for her to prepare for her own defense in the trial, she said.

"If I can't have access to information about the Alliance and the June 4th incident, I would have no chance to find evidence to refute these accusations."

The Correctional Services have set up a perfect catch-22, she said of the arrangement. "This would guarantee the prosecution a win."

Source: Stand News #Oct23
https://thestandnews.page.link/Xwr8mUcpXtD6Q2MGA

#TonyeeChow #NSL #PrisonerRights #HongKongAlliance #HKASPDMC #June4th #TiananmenMassacre #SzetoWah