#RuleofLaw #PressFreedom
Hong Kong Justice Chief Instructs Media Not to 'Over-Report' and Dismisses 'Misleading' Report on Beijing Interference
In response to a Reuters report which said the independence of Hong Kong’s judicial system is under assault from Communist China, Hong Kong's Secretary for Justice Teresa Cheng on April 17 accused the investigative report of being “misleading” and "baseless".
Cheng even instructed the media not to “over-report” Beijing’s opinion. She accused those who hand in reports about Hong Kong to overseas organizations of "interfering police making in Hong Kong and China's internal affairs," following a rhetoric often used by Beijing.
Source: Hong Kong Free Press; RTHK; InMedia #Apr17
#Justice #TeresaCheng
Hong Kong Justice Chief Instructs Media Not to 'Over-Report' and Dismisses 'Misleading' Report on Beijing Interference
In response to a Reuters report which said the independence of Hong Kong’s judicial system is under assault from Communist China, Hong Kong's Secretary for Justice Teresa Cheng on April 17 accused the investigative report of being “misleading” and "baseless".
Cheng even instructed the media not to “over-report” Beijing’s opinion. She accused those who hand in reports about Hong Kong to overseas organizations of "interfering police making in Hong Kong and China's internal affairs," following a rhetoric often used by Beijing.
Source: Hong Kong Free Press; RTHK; InMedia #Apr17
#Justice #TeresaCheng
#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
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
news.rthk.hk
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. Writing…
#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.
＊＊＊＊
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. “
＊＊＊＊
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
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.
＊＊＊＊
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. “
＊＊＊＊
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
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書生百用
今日鄭若驊在網誌上撰寫指律政司有權介入私人檢控，明顯是特別針對陳志全和許智峯分別對郭健強和西灣河開槍交通警的個案。 「私人檢控 (Private Prosecution) 」是普通法系中保障公民的重要權力。英國法院曾指私人檢控是「針對權力機關怠慢或偏袒的一項寶貴憲法保障」。為什麼英國法院會這樣說？...
#FailedState #Injustice #Court
HK Secretary of Justice Revokes Private Case Against Policeman who Shot Student with Live Round
Hong Kong Secretary of Justice Teresa Cheng intervened on Aug 17, 2020 to revoke a private prosecution on the police officer who shot a 21-year-old student with live rounds in Sai Wan Ho, on Nov 11, 2019.
The private prosecution was filed by Legislative councillor Ted Hui in January 2020, charging the officer with shooting with intent imparting grievous bodily harm on a civilian. The case had already been approven by a district judge.
In a statement released on 18 Aug 2020, Hui said he was furious at the Cheng's decision, and is considering to apply for judicial review.
The police officer was scheduled to appear in court on 31 Aug 2020, but the Secretary of Justice applied to have the revocation processed before 28 Aug. Hui blasted Cheng's decision as a barbaric interference with the judicial process, and questioned if her intentions were to endorse police violence and defend the force, regardless of their actions.
Hui further remarked that this decision severely impedes the citizen's right under Common Law to file private prosecutions, and shows the world that the Hong Kong government has "replaced the Rule of Law with the Rule of Man".
The police officer had also applied for judicial review last week demanding the case be dismissed, and further alleging that the process of private prosecution violates the Basic Law.
Source: Apple Daily #Aug18
#RuleofLaw #RulebyLaw #Rule ofMan #BasicLaw #1C1S #SaiWanHo #LiveRound #TedHui #TeresaCheng #PrivateProsecution
Watch Video no.1: Traffic Police Shot Defenseless Student with Live Round in Sai Wan Ho at 07:30 on #11Nov2019
https://t.me/guardiansofhongkong/10291
Watch Video no.2: Police Brutally Arrest by Moving Students Wounded by Live Rounds in Sai Wan Ho on #11Nov2019
https://t.me/guardiansofhongkong/10307
#NeverForget #NeverForgive
HK Secretary of Justice Revokes Private Case Against Policeman who Shot Student with Live Round
Hong Kong Secretary of Justice Teresa Cheng intervened on Aug 17, 2020 to revoke a private prosecution on the police officer who shot a 21-year-old student with live rounds in Sai Wan Ho, on Nov 11, 2019.
The private prosecution was filed by Legislative councillor Ted Hui in January 2020, charging the officer with shooting with intent imparting grievous bodily harm on a civilian. The case had already been approven by a district judge.
In a statement released on 18 Aug 2020, Hui said he was furious at the Cheng's decision, and is considering to apply for judicial review.
The police officer was scheduled to appear in court on 31 Aug 2020, but the Secretary of Justice applied to have the revocation processed before 28 Aug. Hui blasted Cheng's decision as a barbaric interference with the judicial process, and questioned if her intentions were to endorse police violence and defend the force, regardless of their actions.
Hui further remarked that this decision severely impedes the citizen's right under Common Law to file private prosecutions, and shows the world that the Hong Kong government has "replaced the Rule of Law with the Rule of Man".
The police officer had also applied for judicial review last week demanding the case be dismissed, and further alleging that the process of private prosecution violates the Basic Law.
Source: Apple Daily #Aug18
#RuleofLaw #RulebyLaw #Rule ofMan #BasicLaw #1C1S #SaiWanHo #LiveRound #TedHui #TeresaCheng #PrivateProsecution
Watch Video no.1: Traffic Police Shot Defenseless Student with Live Round in Sai Wan Ho at 07:30 on #11Nov2019
https://t.me/guardiansofhongkong/10291
Watch Video no.2: Police Brutally Arrest by Moving Students Wounded by Live Rounds in Sai Wan Ho on #11Nov2019
https://t.me/guardiansofhongkong/10307
#NeverForget #NeverForgive
#Injustice #Court #JudicialIndepedence #TeresaCheng
HK Secretary for Justice Intervenes Private Prosecution
At Least Twice in Private Prosecution Against Police and Driver
Source: Stand News #Aug19
Read more
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https://t.me/guardiansofhongkong/24519
HK Secretary for Justice Intervenes Private Prosecution
At Least Twice in Private Prosecution Against Police and Driver
Source: Stand News #Aug19
Read more
⬇️⬇️⬇️
https://t.me/guardiansofhongkong/24519
#Injustice #Court #JudicialIndepedence #TeresaCheng
HK Secretary for Justice Intervenes Private Prosecution
At Least Twice in Private Prosecution Against Police and Driver
The Department of Justice had earlier stated to Hong Kong's court its wishes to intervene in the Sai Wan Ho shooting incident, demanding the justices to annul the court summons issued to the involved police officer who was sued for shooting a young student with live rounds on November 12, 2019 in Sai Wan Ho.
Another intervention took place afterwards, as the Department of Justice, likewise, stated to the West Kowloon Magistrates’ Courts of its wishes of intervening and annulling the private prosecution issued to a driver, who was involved in driving into pro-democracy protesters and severely wounding the crowd in Sham Shui Po on October 6, 2019.
Secretary for Justice Teresa Cheng had stated earlier in her blog that although private prosecutions are an important part of the common law system, the system is susceptible to abuse, claiming that, "We should not tolerate private prosecutions on such trivial incidents and factless rumours, or private prosecutions of malicious intent and those based on political factors."
Both private prosecutions were raised by pro-democracy lawmaker Ted Hui. As of August 24, the request of the Secretary for Justice was formalized in court.
Source: Stand News #Aug19
https://bit.ly/3lcl4lQ
#TeresaCheng #TedHui
HK Secretary for Justice Intervenes Private Prosecution
At Least Twice in Private Prosecution Against Police and Driver
The Department of Justice had earlier stated to Hong Kong's court its wishes to intervene in the Sai Wan Ho shooting incident, demanding the justices to annul the court summons issued to the involved police officer who was sued for shooting a young student with live rounds on November 12, 2019 in Sai Wan Ho.
Another intervention took place afterwards, as the Department of Justice, likewise, stated to the West Kowloon Magistrates’ Courts of its wishes of intervening and annulling the private prosecution issued to a driver, who was involved in driving into pro-democracy protesters and severely wounding the crowd in Sham Shui Po on October 6, 2019.
Secretary for Justice Teresa Cheng had stated earlier in her blog that although private prosecutions are an important part of the common law system, the system is susceptible to abuse, claiming that, "We should not tolerate private prosecutions on such trivial incidents and factless rumours, or private prosecutions of malicious intent and those based on political factors."
Both private prosecutions were raised by pro-democracy lawmaker Ted Hui. As of August 24, the request of the Secretary for Justice was formalized in court.
Source: Stand News #Aug19
https://bit.ly/3lcl4lQ
#TeresaCheng #TedHui
#Injustice #Court #JudicialIndepedence #TeresaCheng
HK Secretary for Justice Intervenes Private Prosecution Against Pro-government driver, allowing defendant lawyer to recoup legal fee from pro-democratic lawmaker
Source: Stand News #Aug20 #Aug24
Read more
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https://t.me/guardiansofhongkong/24521
HK Secretary for Justice Intervenes Private Prosecution Against Pro-government driver, allowing defendant lawyer to recoup legal fee from pro-democratic lawmaker
Source: Stand News #Aug20 #Aug24
Read more
⬇️⬇️⬇️⬇️
https://t.me/guardiansofhongkong/24521
#Injustice #Court #JudicialIndepedence #TeresaCheng
HK Secretary for Justice Intervenes Private Prosecution Against Pro-government driver, allowing defendant lawyer to recoup legal fee from pro-democratic lawmaker
Democratic Party lawmaker Ted Hui Chi-fung initiated a private prosecution in February against Henry Cheng Kwok-chun, a driver who rammed his car into a crowd of pro-democracy protesters and severely wounding at least one young woman in 2019.
On August 20, 2020, it was revealed that Secretary for Justice Teresa Cheng had taken the rare step of intervening in the case, informing Hui that the Department of Justice would exercise its power to end the case and that the defendant Cheng would be exempted from testifying in court.
Subsequently, the law firm representing Cheng wrote to Hui’s lawyer in bid of seeking HK$82,000 to cover its expenses. The law firm representing the defendant, K.C Ho & Fong, has Beijing loyalist Junius Ho Kwan-yiu as a senior partner. The litigation fees include lawyer’s fee for Junius Ho at HK$9,400 per hour, stating the reason that “the summons should never have been taken out by the applicant at all”.
Disapproving the claim and the Secretary for Justice’s intervention, Hui called it absurd, pointing out that the authorities are attempting to frame this private prosecution as a trivial act with malicious intention. Hui believes that any sensible person could see the reasonable doubt in Cheng purposefully driving his car into the crowd.
As of August 24, the request of the Secretary for Justice was formalized in court.
Source: Stand News #Aug20 #Aug24
https://bit.ly/2E0xlZT
https://bit.ly/3aQEzvr
#PoliceState #PoliceBrutality #FailedState #TedHui #JuniusHo
HK Secretary for Justice Intervenes Private Prosecution Against Pro-government driver, allowing defendant lawyer to recoup legal fee from pro-democratic lawmaker
Democratic Party lawmaker Ted Hui Chi-fung initiated a private prosecution in February against Henry Cheng Kwok-chun, a driver who rammed his car into a crowd of pro-democracy protesters and severely wounding at least one young woman in 2019.
On August 20, 2020, it was revealed that Secretary for Justice Teresa Cheng had taken the rare step of intervening in the case, informing Hui that the Department of Justice would exercise its power to end the case and that the defendant Cheng would be exempted from testifying in court.
Subsequently, the law firm representing Cheng wrote to Hui’s lawyer in bid of seeking HK$82,000 to cover its expenses. The law firm representing the defendant, K.C Ho & Fong, has Beijing loyalist Junius Ho Kwan-yiu as a senior partner. The litigation fees include lawyer’s fee for Junius Ho at HK$9,400 per hour, stating the reason that “the summons should never have been taken out by the applicant at all”.
Disapproving the claim and the Secretary for Justice’s intervention, Hui called it absurd, pointing out that the authorities are attempting to frame this private prosecution as a trivial act with malicious intention. Hui believes that any sensible person could see the reasonable doubt in Cheng purposefully driving his car into the crowd.
As of August 24, the request of the Secretary for Justice was formalized in court.
Source: Stand News #Aug20 #Aug24
https://bit.ly/2E0xlZT
https://bit.ly/3aQEzvr
#PoliceState #PoliceBrutality #FailedState #TedHui #JuniusHo