Chief Magistrate: the magistrate's decision based on facts and evidence
Hong Kong courts have been caught in a row of controversies in the past few months, linked to issues ranging from independence to separation of powers, and have been targeted by some high profile pro-Beijing figures who claimed that some of the court rulings were biased.
Last week, the Judiciary published several court rulings by former magistrate Stanley Ho online, who had in recent months been accused of bias by some pro-establishment figures. It has dismissed complaints against the judicial conduct of Magistrate Stanley Ho Chun-yiu over his rulings of six protest-related cases. Chief Magistrate concluded that complaints against Ho in adjudicating the six protest cases were not substantiated. It was also said that the Chief Justice has agreed with the Chief Magistrate’s conclusion.
Ho was particularly targeted by some pro-Beijing publications after he acquitted some anti-government protesters and made some scathing remarks about evidence given by some police officers.
The Judiciary pointed out that the magistrate's decision was based on facts and evidence in the case. Meanwhile, there was no proof that Ho has expressed personal or politically inclined remarks, nor did he appear to be biased against police officers.
Source: Stand News; RTHK
#Oct8 #RuleofLaw #Justice
Hong Kong courts have been caught in a row of controversies in the past few months, linked to issues ranging from independence to separation of powers, and have been targeted by some high profile pro-Beijing figures who claimed that some of the court rulings were biased.
Last week, the Judiciary published several court rulings by former magistrate Stanley Ho online, who had in recent months been accused of bias by some pro-establishment figures. It has dismissed complaints against the judicial conduct of Magistrate Stanley Ho Chun-yiu over his rulings of six protest-related cases. Chief Magistrate concluded that complaints against Ho in adjudicating the six protest cases were not substantiated. It was also said that the Chief Justice has agreed with the Chief Magistrate’s conclusion.
Ho was particularly targeted by some pro-Beijing publications after he acquitted some anti-government protesters and made some scathing remarks about evidence given by some police officers.
The Judiciary pointed out that the magistrate's decision was based on facts and evidence in the case. Meanwhile, there was no proof that Ho has expressed personal or politically inclined remarks, nor did he appear to be biased against police officers.
Source: Stand News; RTHK
#Oct8 #RuleofLaw #Justice
Police Commissioner barred from attending district council meeting as councilors intends to stop government propaganda
In past year, Police representatives attending District Council meetings were repeatedly decried for flouting the Councilors elected by local population. They were found for unreasonably opposing meeting agenda items and documents, and ditching meetings at their own will. When sitting through a meeting, they only act on their own sidestepping questions raised by councilors. When discontented, they even abandon the meeting to talked to media outside the meeting room.
In an attempt to set things right, Kowloon City District Council barred Police Commissioner, Chris Tang from attending their meetings. Kwong Po-yin, vice Chairperson of the Council explained in a radio programme on October 16, 2020 that the new plan was meant to stop the Commission from making use of the Councilors for propaganda and his lust for media exposure.
Kwong said, “knowing that he is coming to hurt you, why would we allow it to happen? He is, after all, a douche.” Kwong’s comment was supported and acclaimed by many.
Source: Apple Daily #Oct16
https://hk.appledaily.com/local/20201016/M6QUNOQMDFDYZP5WZPO6G2H2OA/
#PoliceState #Justice
In past year, Police representatives attending District Council meetings were repeatedly decried for flouting the Councilors elected by local population. They were found for unreasonably opposing meeting agenda items and documents, and ditching meetings at their own will. When sitting through a meeting, they only act on their own sidestepping questions raised by councilors. When discontented, they even abandon the meeting to talked to media outside the meeting room.
In an attempt to set things right, Kowloon City District Council barred Police Commissioner, Chris Tang from attending their meetings. Kwong Po-yin, vice Chairperson of the Council explained in a radio programme on October 16, 2020 that the new plan was meant to stop the Commission from making use of the Councilors for propaganda and his lust for media exposure.
Kwong said, “knowing that he is coming to hurt you, why would we allow it to happen? He is, after all, a douche.” Kwong’s comment was supported and acclaimed by many.
Source: Apple Daily #Oct16
https://hk.appledaily.com/local/20201016/M6QUNOQMDFDYZP5WZPO6G2H2OA/
#PoliceState #Justice
#CoronerInquest #8Years
Victims' Families Request to Review Court's Refusal to Inquire the Lamma Island Ferry Disaster
The Lamma Island Ferry Disaster is a ferry collision Lamma Island which killed 39 people in Hong Kong in 2012.
The family members of the victims received a notice from the Coroner’s Court in Nov 2020, stating that the cause of death was clear and decided that no inquiry shall be held.
The families wrote to the Coroner’s Court to request for a review of the decision. It has been 8 years since the ferry disaster.
When asked about the recent inquest on the death of Chow Tsz-lok and the new evidence presented to the court, the family members explained that holding an inquest would give them a better chance to gather more information to reveal the truth. “It's like putting together a puzzle, you might be able to find the piece that you have lost”.
Former legislator of the Democractic Party, James To Kun-sun, held a press conference with the family members and the survivors on Dec 5, 2020.
To had sent a letter to the Coroner’s Court on Dec 1, 2020 to request the Coroner to reconsider the review.
Source: Stand News #Dec5
#LammaFerryDisaster #Court #Death #Justice
Victims' Families Request to Review Court's Refusal to Inquire the Lamma Island Ferry Disaster
The Lamma Island Ferry Disaster is a ferry collision Lamma Island which killed 39 people in Hong Kong in 2012.
The family members of the victims received a notice from the Coroner’s Court in Nov 2020, stating that the cause of death was clear and decided that no inquiry shall be held.
The families wrote to the Coroner’s Court to request for a review of the decision. It has been 8 years since the ferry disaster.
When asked about the recent inquest on the death of Chow Tsz-lok and the new evidence presented to the court, the family members explained that holding an inquest would give them a better chance to gather more information to reveal the truth. “It's like putting together a puzzle, you might be able to find the piece that you have lost”.
Former legislator of the Democractic Party, James To Kun-sun, held a press conference with the family members and the survivors on Dec 5, 2020.
To had sent a letter to the Coroner’s Court on Dec 1, 2020 to request the Coroner to reconsider the review.
Source: Stand News #Dec5
#LammaFerryDisaster #Court #Death #Justice
#Justice
Top Judge in Hong Kong Defends Hong Kong’s Independent Judiciary in Farewell Speech
Chief Justice Geoffrey Ma, Hong Kong's top judge for 10 years, delivered his farewell speech at the Court of Final Appeal in Hong Kong on Jan 6, 2021.
Ma made strong statement in defense of the importance of Hong Kong’s independent judiciary and stressed that human rights are a fundamental feature of the Basic Law.
“It is not just about being conducive to business and investment. Nor is it only about law and order. It also includes the recognition and enforcement of those rights we call human rights and fundamental freedoms (such as the freedom of assembly, of procession, of association and the freedom of the press), always of course recognising as well the importance of the respect for the rights and entitlements of others in the community.”
“The importance we place on rights and freedoms is a fundamental feature of of the Basic Law."
“So whenever there are discussions about the rule of law, the independence of the judiciary, and the role and responsibilities of judges in relation to these fundamental features, the foundation for such discussions must be to refer to the Basic Law,” the top judge said.
“They are not in any way strange concepts that have been transplanted randomly to apply in Hong Kong: they are concepts required by, protected by and to be enforced under the very constitutional document that governs Hong Kong.”
“To repeat a phrase that bears reminding at all times: no one is above the law, all are subject to it and everyone is equal in the eyes of the law.”
"As we know, such criticisms can be trenchant, even to the point of being abusive on occasion, but in spite of this our judges have remained true to their calling. Sometimes, I think that courage is needed.”
[Editor's note: On the same day, the Hong Kong police, with the support of the government's Security Bureau, arrested over 50 pro-democracy activists, former lawmakers, lawyer, and scholars under the National Security Law. The act has stirred up outcry and uproar within the outside of the city.]
Source: RTHK #Jan6
https://news.rthk.hk/rthk/en/component/k2/1569026-20210106.htm
#GeoffreyMa #JudicialIndependence #Professionalism #Court
Top Judge in Hong Kong Defends Hong Kong’s Independent Judiciary in Farewell Speech
Chief Justice Geoffrey Ma, Hong Kong's top judge for 10 years, delivered his farewell speech at the Court of Final Appeal in Hong Kong on Jan 6, 2021.
Ma made strong statement in defense of the importance of Hong Kong’s independent judiciary and stressed that human rights are a fundamental feature of the Basic Law.
“It is not just about being conducive to business and investment. Nor is it only about law and order. It also includes the recognition and enforcement of those rights we call human rights and fundamental freedoms (such as the freedom of assembly, of procession, of association and the freedom of the press), always of course recognising as well the importance of the respect for the rights and entitlements of others in the community.”
“The importance we place on rights and freedoms is a fundamental feature of of the Basic Law."
“So whenever there are discussions about the rule of law, the independence of the judiciary, and the role and responsibilities of judges in relation to these fundamental features, the foundation for such discussions must be to refer to the Basic Law,” the top judge said.
“They are not in any way strange concepts that have been transplanted randomly to apply in Hong Kong: they are concepts required by, protected by and to be enforced under the very constitutional document that governs Hong Kong.”
“To repeat a phrase that bears reminding at all times: no one is above the law, all are subject to it and everyone is equal in the eyes of the law.”
"As we know, such criticisms can be trenchant, even to the point of being abusive on occasion, but in spite of this our judges have remained true to their calling. Sometimes, I think that courage is needed.”
[Editor's note: On the same day, the Hong Kong police, with the support of the government's Security Bureau, arrested over 50 pro-democracy activists, former lawmakers, lawyer, and scholars under the National Security Law. The act has stirred up outcry and uproar within the outside of the city.]
Source: RTHK #Jan6
https://news.rthk.hk/rthk/en/component/k2/1569026-20210106.htm
#GeoffreyMa #JudicialIndependence #Professionalism #Court
news.rthk.hk
CJ defends independent judiciary in farewell speech
Outgoing Chief Justice Geoffrey Ma delivered a robust defence of the importance of Hong Kong’s independent judiciary and stressed that human rights are a fundamental feature of the Basic Law, in a farewell sitting at the Court of Final Appeal on Wednesday…
#Interview #HongKongProtesters
Advert Designer imprisoned for possessing two cans of Spray Paint; Fiancée—Justice no longer exists. Trial verdict only depends on luck
According to The Stand News, there were 247 cases of possession charges, such as possession of offensive weapons in a public place, possession of any object with intent to destroy or damage property, etc.. More than 60% of the cases ended up having the charges dismissed or with binding over. Only 17% of the defendants were found guilty.
In the 17% of cases tried and convicted, 23-year-old Chun Man was the first person to be sentenced to imprisonment for possession of spray paint.
Read the full translated article here:
https://telegra.ph/Interview-Advert-Designer-imprisoned-for-possessing-two-cans-of-Spray-Paint-FiancéeJustice-no-longer-exists-Trial-verdict-only-d-01-21
Source: Stand News #Dec21
#ProtestersStory #Designer #SprayPaint #Justice #Luck
Advert Designer imprisoned for possessing two cans of Spray Paint; Fiancée—Justice no longer exists. Trial verdict only depends on luck
According to The Stand News, there were 247 cases of possession charges, such as possession of offensive weapons in a public place, possession of any object with intent to destroy or damage property, etc.. More than 60% of the cases ended up having the charges dismissed or with binding over. Only 17% of the defendants were found guilty.
In the 17% of cases tried and convicted, 23-year-old Chun Man was the first person to be sentenced to imprisonment for possession of spray paint.
Read the full translated article here:
https://telegra.ph/Interview-Advert-Designer-imprisoned-for-possessing-two-cans-of-Spray-Paint-FiancéeJustice-no-longer-exists-Trial-verdict-only-d-01-21
Source: Stand News #Dec21
#ProtestersStory #Designer #SprayPaint #Justice #Luck
#Justice #InternationalCommunity
International Bar Association Questions the Legality of HK Police Force in Crackdown on the City’s Democratic Voices
Source: Apple Daily, #Jan21
Read more
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International Bar Association Questions the Legality of HK Police Force in Crackdown on the City’s Democratic Voices
Source: Apple Daily, #Jan21
Read more
⬇️⬇️⬇️
#Justice #InternationalCommunity
International Bar Association Questions the Legality of HK Police Force in Crackdown on the City’s Democratic Voices
International Bar Association (#IBA) issued a statement on January 21, 2021, reprimanding the Hong Kong Police Force for cracking down the city’s democrats.
The Force arrested over 50 pro-democracy activists in early January, 2021 on suspicion of National Security breach. The Association questioned legality for the force to arrest and detain them.
The Chinese Communist Party government’s willful imposition of the #NationalSecurityLaw in Hong Kong in July 2020 has sparked questions and challenges among International legal professionals.
Mark Ellis, Executive Director of the IBA told Apple Daily that the National Security Law has shown Beijing’s attempt to hasten its malicious influence over Hong Kong.
Ellis expressed that the so-called “one country two systems” framework is in a “precarious state”. He carried on saying that the National Security Law has undermined the rule of law in Hong Kong, and it would also jeopardize the city’s position as an international investment and financial centre.
He believed that unless the Chinese government overhauls the National Security Law, the international community should consider taking collective countermeasures against the Chinese government.
Source: Apple Daily, #Jan21
https://hk.appledaily.com/local/20210121/XRSSOGCA2RGIJHYPNWUNQCQN4M/
#Barrister #MarkEllis #RuleofLaw #CCP
International Bar Association Questions the Legality of HK Police Force in Crackdown on the City’s Democratic Voices
International Bar Association (#IBA) issued a statement on January 21, 2021, reprimanding the Hong Kong Police Force for cracking down the city’s democrats.
The Force arrested over 50 pro-democracy activists in early January, 2021 on suspicion of National Security breach. The Association questioned legality for the force to arrest and detain them.
The Chinese Communist Party government’s willful imposition of the #NationalSecurityLaw in Hong Kong in July 2020 has sparked questions and challenges among International legal professionals.
Mark Ellis, Executive Director of the IBA told Apple Daily that the National Security Law has shown Beijing’s attempt to hasten its malicious influence over Hong Kong.
Ellis expressed that the so-called “one country two systems” framework is in a “precarious state”. He carried on saying that the National Security Law has undermined the rule of law in Hong Kong, and it would also jeopardize the city’s position as an international investment and financial centre.
He believed that unless the Chinese government overhauls the National Security Law, the international community should consider taking collective countermeasures against the Chinese government.
Source: Apple Daily, #Jan21
https://hk.appledaily.com/local/20210121/XRSSOGCA2RGIJHYPNWUNQCQN4M/
#Barrister #MarkEllis #RuleofLaw #CCP
#Interview #HongkongersVoice
Arrested Pro-democracy Uni Student is Not Pessimistic: "The Movement is About Seeking an Ideal, Which Can Only Come True through Practice"
Part 1:
Ah Ling (pseudonym), is a MPhil postgraduate student in Philosophy at Chinese University of Hong Kong (#CUHK). He is also one of 1.03 million citizens who took to the street on 9 June, 2019 to protest against the government’s willful introduction of extradition to China.
At the end of the rally, he headed to the Legislative Council (#LegCo) building to offer help, knowing his fellow protesters needed assistance. Shortly after he arrived at the LegCo building, a large team of police broke into protesters’ defense and arrested Ah Ling and six others.
The seven of them were dragged into the Legco building and forced down on their knees in front of a wall. They knelt there for for five hours. In November 2020, Ah Ling was charged with illegal assembly for piling up mills barriers.
On January 13, 2021, Ah Ling decided to plead guilty. In court, his lawyer stated that Ah Ling was graduated with first class honors and received 18 scholarships in three years. It is likely that he will lose the opportunity to study a Ph.D at Yale University.
Ah Ling was at last sentenced to 16 weeks of imprisonment.
“Actually, many Philosophy students at the Chinese University of Hong Kong have been arrested, accounting for quite a large faction of the total arrestees. For God knows why, we kept being arrested.” Ah Ling said it lightly.
“In times like this, many of us felt being summoned and urged to do something following our [philosophical] training."
Ah Ling said Hongkongers' involvement in the pro-democracy movement came from the “sense of justice”. “We genuinely see the importance in seeking justice in Hong Kong. So willingly, we put in our time and efforts.”
Commenting on the arrests of Jimmy Lai and 12 Youths, Ah Ling expressed, “the authorities will not let go any slightest chance to scourge us.”
The current silence at the street is built up at the expense of disquiet minds and raging hearts. At the end of the Umbrella Movement in 2014, a regression took place. As of this moment, social activism in Hong Kong has seemingly slumped into another state of speechlessness and helplessness. Many people asked how could they carry on?
With reference to history, Ah Ling acknowledged a long and tough journey ahead, “there are too many races going extinct in history. Nobody is giving shit to the so-called resistance and sacrifice. All those brave deeds have been deeply buried in our history.”
But he is not pessimistic.
Ah Ling said, “it doesn’t matter … do not presume that you are going to see any achievement in your lifetime, or like some commentators claimed - the coming two weeks are the most critical. It’s better to drop this mentality altogether.”
“The entire movement is about seeking an ideal, which can only come true through our practice.”
Source: Stand News #Jan21
https://bit.ly/3iyYrXF
#ProtestersStory #AhLing #Arrest #PhilosophyStudent #University #Youth #Future #Justice
Arrested Pro-democracy Uni Student is Not Pessimistic: "The Movement is About Seeking an Ideal, Which Can Only Come True through Practice"
Part 1:
Ah Ling (pseudonym), is a MPhil postgraduate student in Philosophy at Chinese University of Hong Kong (#CUHK). He is also one of 1.03 million citizens who took to the street on 9 June, 2019 to protest against the government’s willful introduction of extradition to China.
At the end of the rally, he headed to the Legislative Council (#LegCo) building to offer help, knowing his fellow protesters needed assistance. Shortly after he arrived at the LegCo building, a large team of police broke into protesters’ defense and arrested Ah Ling and six others.
The seven of them were dragged into the Legco building and forced down on their knees in front of a wall. They knelt there for for five hours. In November 2020, Ah Ling was charged with illegal assembly for piling up mills barriers.
On January 13, 2021, Ah Ling decided to plead guilty. In court, his lawyer stated that Ah Ling was graduated with first class honors and received 18 scholarships in three years. It is likely that he will lose the opportunity to study a Ph.D at Yale University.
Ah Ling was at last sentenced to 16 weeks of imprisonment.
“Actually, many Philosophy students at the Chinese University of Hong Kong have been arrested, accounting for quite a large faction of the total arrestees. For God knows why, we kept being arrested.” Ah Ling said it lightly.
“In times like this, many of us felt being summoned and urged to do something following our [philosophical] training."
Ah Ling said Hongkongers' involvement in the pro-democracy movement came from the “sense of justice”. “We genuinely see the importance in seeking justice in Hong Kong. So willingly, we put in our time and efforts.”
Commenting on the arrests of Jimmy Lai and 12 Youths, Ah Ling expressed, “the authorities will not let go any slightest chance to scourge us.”
The current silence at the street is built up at the expense of disquiet minds and raging hearts. At the end of the Umbrella Movement in 2014, a regression took place. As of this moment, social activism in Hong Kong has seemingly slumped into another state of speechlessness and helplessness. Many people asked how could they carry on?
With reference to history, Ah Ling acknowledged a long and tough journey ahead, “there are too many races going extinct in history. Nobody is giving shit to the so-called resistance and sacrifice. All those brave deeds have been deeply buried in our history.”
But he is not pessimistic.
Ah Ling said, “it doesn’t matter … do not presume that you are going to see any achievement in your lifetime, or like some commentators claimed - the coming two weeks are the most critical. It’s better to drop this mentality altogether.”
“The entire movement is about seeking an ideal, which can only come true through our practice.”
Source: Stand News #Jan21
https://bit.ly/3iyYrXF
#ProtestersStory #AhLing #Arrest #PhilosophyStudent #University #Youth #Future #Justice
#Justice #HKBarristers
New Chairperson of Hong Kong Bar Association vows to protect the rule of law in Hong Kong
Source: Stand News #Jan21
Read more
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New Chairperson of Hong Kong Bar Association vows to protect the rule of law in Hong Kong
Source: Stand News #Jan21
Read more
⬇️⬇️
#Justice #HKBarristers
New Chairperson of Hong Kong Bar Association vows to protect the rule of law in Hong Kong
On Jan 21, 2021, Philip Dykes ended his second term as the chairperson of the Hong Kong Bar Association (#HKBA) based on charter rules.
Founder of Hong Kong Human Rights Monitor, senior counsel Paul Harris was elected to be the next chairperson without any opposition.
The two vice-chairpersons were senior counsel Anita Yip, who was re-elected, and Erik Shum, who was a committee member originally.
After being elected, Harris held in his hand a wooden chair figure that represented his status as the new chairperson and spoke with reporters outside of the venue.
Harris said, the Bar Association and the rule of law in Hong Kong are going through a difficult time at the moment. As a senior counsel who is deeply committed to the law, he opposed both violent protests and the government that abuses its power. He promised to enhance the rule of law during his term.
Harris also expressed his concern towards the National Security Law, especially the part which indicated that state power overrides the law.
Moreover, many countries had suspended their extradition agreement with Hong Kong due to concerns over the National Security Law. This means that outlaws such as murderers can easily escape from legal justifications, especially in the future when the pandemic is over and it is easier to travel in and out of Hong Kong.
Harris therefore promised to try his best to negotiate in hopes that the government can amend some parts of the National Security Law to resume extradition agreements. “I don’t know if that would be possible,” said Harris, “but that’s what I’m going to work towards”.
Source: Stand News #Jan21
#PaulHarris #PhilipDykes #HumanRights
New Chairperson of Hong Kong Bar Association vows to protect the rule of law in Hong Kong
On Jan 21, 2021, Philip Dykes ended his second term as the chairperson of the Hong Kong Bar Association (#HKBA) based on charter rules.
Founder of Hong Kong Human Rights Monitor, senior counsel Paul Harris was elected to be the next chairperson without any opposition.
The two vice-chairpersons were senior counsel Anita Yip, who was re-elected, and Erik Shum, who was a committee member originally.
After being elected, Harris held in his hand a wooden chair figure that represented his status as the new chairperson and spoke with reporters outside of the venue.
Harris said, the Bar Association and the rule of law in Hong Kong are going through a difficult time at the moment. As a senior counsel who is deeply committed to the law, he opposed both violent protests and the government that abuses its power. He promised to enhance the rule of law during his term.
Harris also expressed his concern towards the National Security Law, especially the part which indicated that state power overrides the law.
Moreover, many countries had suspended their extradition agreement with Hong Kong due to concerns over the National Security Law. This means that outlaws such as murderers can easily escape from legal justifications, especially in the future when the pandemic is over and it is easier to travel in and out of Hong Kong.
Harris therefore promised to try his best to negotiate in hopes that the government can amend some parts of the National Security Law to resume extradition agreements. “I don’t know if that would be possible,” said Harris, “but that’s what I’m going to work towards”.
Source: Stand News #Jan21
#PaulHarris #PhilipDykes #HumanRights
#Interview #HongkongersVoice
Arrested Pro-democracy Uni Student is Not Pessimistic: People work towards a simple and shared value - the fight for Hongkonger’s Freedom
Part 1:
https://t.me/guardiansofhongkong/28173
Part 2:
Ah Ling, a MPhil student in Philosophy at the Chinese University of Hong Kong was sentenced to 16 weeks in jail for "illegal assembly" on the evening of the 1-million-peopled June 9 rally in 2019.
Before going to jail, he said:
“When are we going to achieve it? Nobody knows.”
“When are we going to succeed? Nobody knows.”
“Are we going to succeed? Nobody knows it either.”
“But we still have to do it.” Ah Ling uttered this line most sternly.
He made an analogy comparing individuals involved in the pro-democracy movement to the gearwheels of an engine. “A gearwheel doesn’t need a hope to wind, but power. As long as we are gearing towards a desired direction, and when you accept the fact that you might not be able to witness a fruitful result, you will be contented to keep on winding forward. This is not a matter of being optimistic or not.”
Talking about an ideal Hong Kong, Ah Ling suggested a way of reverse thinking on “which core values we have to defend.”
He wanted to say that if citizens in all walks of life in Hong Kong are striving towards the same objective and sharing the same set of values, they will open up many possibilities for the city in the future. Ah Ling stressed that, the critical aspect lies in people’s mentality.
The 2019 anti-ELAB movement has evolved on unprecedented scale. “This is because the movement has drawn together people with different backgrounds and beliefs to work towards a simple and shared value - the fight for Hongkonger’s freedom,” Ah Ling concluded.
Source: Stand News #Jan21
https://bit.ly/3iyYrXF
#ProtestersStory #AhLing #Arrest #PhilosophyStudent #University #Youth #Future #Justice
Arrested Pro-democracy Uni Student is Not Pessimistic: People work towards a simple and shared value - the fight for Hongkonger’s Freedom
Part 1:
https://t.me/guardiansofhongkong/28173
Part 2:
Ah Ling, a MPhil student in Philosophy at the Chinese University of Hong Kong was sentenced to 16 weeks in jail for "illegal assembly" on the evening of the 1-million-peopled June 9 rally in 2019.
Before going to jail, he said:
“When are we going to achieve it? Nobody knows.”
“When are we going to succeed? Nobody knows.”
“Are we going to succeed? Nobody knows it either.”
“But we still have to do it.” Ah Ling uttered this line most sternly.
He made an analogy comparing individuals involved in the pro-democracy movement to the gearwheels of an engine. “A gearwheel doesn’t need a hope to wind, but power. As long as we are gearing towards a desired direction, and when you accept the fact that you might not be able to witness a fruitful result, you will be contented to keep on winding forward. This is not a matter of being optimistic or not.”
Talking about an ideal Hong Kong, Ah Ling suggested a way of reverse thinking on “which core values we have to defend.”
He wanted to say that if citizens in all walks of life in Hong Kong are striving towards the same objective and sharing the same set of values, they will open up many possibilities for the city in the future. Ah Ling stressed that, the critical aspect lies in people’s mentality.
The 2019 anti-ELAB movement has evolved on unprecedented scale. “This is because the movement has drawn together people with different backgrounds and beliefs to work towards a simple and shared value - the fight for Hongkonger’s freedom,” Ah Ling concluded.
Source: Stand News #Jan21
https://bit.ly/3iyYrXF
#ProtestersStory #AhLing #Arrest #PhilosophyStudent #University #Youth #Future #Justice
Telegram
📡Guardians of Hong Kong
#Interview #HongkongersVoice
Arrested Pro-democracy Uni Student is Not Pessimistic: "The Movement is About Seeking an Ideal, Which Can Only Come True through Practice"
Part 1:
Ah Ling (pseudonym), is a MPhil postgraduate student in Philosophy at Chinese…
Arrested Pro-democracy Uni Student is Not Pessimistic: "The Movement is About Seeking an Ideal, Which Can Only Come True through Practice"
Part 1:
Ah Ling (pseudonym), is a MPhil postgraduate student in Philosophy at Chinese…
#Crackdown #HongKong
At this speechless moment
It was 2am.
53 of 106 arrested Democrats in the mass arrest were still detained in different police stations.
My friends in my WhatsApp groups were very quiet out of the ordinary— there was no swearing in the groups that swear a lot normally. The groups that share a lot of news were quiet too and so was Facebook.
Earlier I saw a bilingual post by Claudia Mo on Facebook, with a photo of a toy from her parents given to her as a child.
What? Was 'Aunt Mo' on bail already? Sorry, I did follow you on social media but never really responded to your posts seriously. I couldn’t help but miss her much more tonight.
Read the fully translated article here:
https://telegra.ph/At-this-speechless-moment-01-26
Source:Stand News #Jan07
#Speechless #MassArrest #Justice #OccupyCentralMovement
At this speechless moment
It was 2am.
53 of 106 arrested Democrats in the mass arrest were still detained in different police stations.
My friends in my WhatsApp groups were very quiet out of the ordinary— there was no swearing in the groups that swear a lot normally. The groups that share a lot of news were quiet too and so was Facebook.
Earlier I saw a bilingual post by Claudia Mo on Facebook, with a photo of a toy from her parents given to her as a child.
What? Was 'Aunt Mo' on bail already? Sorry, I did follow you on social media but never really responded to your posts seriously. I couldn’t help but miss her much more tonight.
Read the fully translated article here:
https://telegra.ph/At-this-speechless-moment-01-26
Source:Stand News #Jan07
#Speechless #MassArrest #Justice #OccupyCentralMovement
#Court #RuleByLaw #Regime #Justice
Department of Justice Cites Unenacted #Article23 in Hong Kong Court
Source: Apple Daily #Feb2
Read more
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Department of Justice Cites Unenacted #Article23 in Hong Kong Court
Source: Apple Daily #Feb2
Read more
⬇️⬇️⬇️
#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/
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/