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#Court #FailedState #SeparationofPowers
#HKU Chair Professor of Law Johannes Chan: Judicial Independence Will Be Completely Lost When Judges' Rulings are Required to be 'Patriotic' to China

The deputy director of the PRC's Hong Kong and Macau Affairs Office Zhang Xiao-ming said on Nov 17, 2020 that 'patriotism should come before democracy and freedom', he then called for judicial reform in Hong Kong.

Johannes Chan Man-mun, the Chair Professor of Law at the University of Hong Kong (HKU), expressed his concern in a Commercial Radio Hong Kong's program that the requirement of 'patriotism' would be imposed on the judicial officers.

Chan then added that 'patriotism' was only a political consideration which could not be measured by the objective standards; if judges in Hong Kong were required to follow the mainland Chinese standards, then when the judges' rulings were not in line with the government's wishes or did not incriminate those accused by the Nation Security Law, they would be considered 'unpatriotic', such situation would put judicial independence in jeopardy.

The prosecution has required the case of People Power's Tam Tak-chi, who faces 14 charges related to 'making seditious remarks and incitement to take part in an unauthorized assembly', to be handled by the designated national security judges.

Chan said that in general, since the principles of fair trial and judicial independence were involved, both sides of prosecution and defense did not have the right to appoint judges, otherwise, the trial would be considered unfair.

Source: Apple Daily #Nov18
https://hk.appledaily.com/local/20201118/JA333PHL45ECRD3KYSXE62X2KQ/

#JudicialIndependence #NationalSecurityLaw #Patriotism #JohannesChan #TamTakChi #ZhangXiaoMing
#FailedState #Border
HK Government Suspends Local School and Welcomes HK-China Border-Crossers With Quarantine Exemption

Source: RTHK #Nov18 #Nov20
Image: Headline News

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https://t.me/guardiansofhongkong/26878
#FailedState #Border
HK Government Suspends Local School and Welcomes HK-China Border-Crossers With Quarantine Exemption

The Health Authorities in Hong Kong announced on November 20, 2020 that face-to-face classes for primary 1-3 students will be suspended for two weeks starting on Nov 23.

With more new cases confirmed in the city, the Heath Secretary said the coronavirus situation has worsened.

Nevertheless, on the same day that primary schools will partially be suspended in Hong Kong, the Hong Kong government is opening the Hong Kong-China border and exempting the border-crossing people from the 14-day quarantine.

The government called it the "Return2HK" scheme, which will allow registered people to leave Macau and Southern China and go to Hong Kong without the need to undergo 14 days of quarantine. 

The daily quota is initially set to be 5,000 people. Among them, up to 3,000 people will be allowed to enter through the Shenzhen Bay and 2,000 via the Hong Kong-Zhuhai-Macau Bridge per day.

According to pro-Beijing newspaper Sing Tao Daily, the government has plans to increase the quota, and extend the quarantine-free arrangement to other provinces in China, even before the scheme is launched.

Source: RTHK #Nov18 #Nov20

news.rthk.hk/rthk/en/component/k2/1561016-20201120.htm

news.rthk.hk/rthk/en/component/k2/1560592-20201118.htm

#HeathCode #Discrimination #WuhanPneumonia #CoronavirusPandemic
#Court #CoronersInquest
Police Testimonies Raise Further Doubts: Police See Looking For "Rioters" a "Higher-Level Concern" Than Checking on Injured #AlexChow

Source: InMedia; Stand News #Nov18

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https://t.me/guardiansofhongkong/26893
#Court #CoronersInquest
Police Testimonies Raise Further Doubts: Police See Looking For "Rioters" a "Higher-Level Concern" Than Checking on Injured #AlexChow

During the Anti-Extradition Law Protests in 2019, on November 4, university student Alex Chow Tsz-lok fell from height at Sheung Tak Carpark, when the police were dispersing civilians in the area. The cause of Chow's fall remained unknown and the 22-year-old young man passed away at 8:09 am on November 8, 2019.

Nov 18, 2020 was the third day into the coroner's inquest. Here are some key findings:

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1. Police Are Uncertain About Whether They Have Shot Someone at the Carpark

East Kowloon Emergency Unit Assistant Commander Pang Tin-chi and officer Chun Tsz-kit admitted firing one sponge grenade and one beanbag round, respectively, to the second and the third levels of Sheung Tak Carpark after midnight on Nov 14, 2019.

They were uncertain whether they had shot someone.

Pang changed his testimony after being questioned by the jury. He corrected that he fired at the second but not the third storey of the carpark. He said he counted the storeys by his bare eyes.

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2. Police See "Eradicating" "Hidden Rioters" of a "Higher- Level Concern" Than Checking on the Injured

On the second day of the inquest, then-East Kowloon Emergency Unit (Squad No. 4) Commander and senior inspector Wong Kar-lun said he saw firemen and voluntary first aiders handling an injured person when he was carrying out the dispersal operation at the carpark.

Coming to the third day of the hearing, Wong was questioned by Barrister Cheng Suk-yee representing Alex Chow's family.

Cheng asked Wong if he had given a thought on how the ambulance carrying the injured could leave the carpark for the hospital, after seeing the injured person and knowing that the roadblock had earlier prevented the ambulance from entering the carpark.

Wong said, "I had some higher-level concern at that moment. I had to eradicate the danger of having violent protesters hidden somewhere, in order to ensure safety."

Wong said he did not pay attention to the condition of the injured person and did not know the urgency of the situation.

Wong later admitted that he did not report the discovery of the injured civilian (Alex Chow) to his superiors until he returned to Tseung Kwan O Station at 2am.

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3. Six-minute Lag Between Commander's Watch and the Surveillance Camera

Barrister Cheng representing the victim's family continued to question senior inspector Wong Kar-lun, "Have you ever found out why your watch and the surveillance camera had a 6- minute lag?"

Wong replied, "I used the watch before. It's accurate." Wong re-confirmed that 37 officers of his team entered the carpark that day.

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4. Police Admit Their Tear Gas Grenades Might Have Hit Some Vehicles

According to the Cable News footage shown on the second day of the hearing, a fire engine left after failing to enter Sheung Tak from Tong Min Street .

Barrister Cheng asked if senior inspector Wong was aware of this. Wong said he saw the fire engine failing to enter but did not know that it left.

Wong said on the second day that he received an order to leave the carpark when conducting dispersal operation on the third floor.

On the third day of the hearing, Wong, however, changed his testimony, "I now recalled that it was not the third floor, but the upper second floor."

After being asked by the jury, Wong clarified that the injured person was located on the lower second floor.

(To be continued)

Source: InMedia; Stand News #Nov18

https://bit.ly/38Q2PyM
#Court
Police Change Testimonies and Describe Tear Gas as "Fireworks" During #CoronersInquest of Pro-democracy Student #AlexChow

Source: InMedia; Stand News #Nov18

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#Court
Police Change Testimonies and Describe Tear Gas as "Fireworks" During #CoronersInquest of Pro-democracy Student #AlexChow

During the Anti-Extradition Law Protests in 2019, on November 4, university student Alex Chow Tsz-lok fell from height at Sheung Tak Carpark, when the police were dispersing civilians in the area. The cause of Chow's fall remained unknown and the 22-year-old young man passed away at 8:09 am on November 8, 2019.

Nov 18, 2020 was the third day into the coroner's inquest. Here are some key findings:

======
Previously,
https://t.me/guardiansofhongkong/26893

5. Police Sergeant Claims Teammates Did Not Obstruct Rescue

East Kowloon Emergency Unit (Squad No. 4) sergeant Yeung Hip-sing testified that he heard someone shouting "[we are] handling an injured person" in the carpark.

However, he was too occupied in looking for whom he called the "rioters" and did not go near to check on the injured person.

Lau said from his position he was not able to see if his teammates had climbed over the barricade, but he was sure that they did not obstruct rescue.

A jury member questioned Lau's testimony, "You did not see the injured person, but you claimed you could not see your teammates obstructing rescue. How do you arrive at this conclusion?"

Meanwhile, Lau mixed up left and right when giving his testimony. At a certain point, Coroner's Officer Choi Chi-hong said to Lau, "Let me clarify with you what is left and what is right first."

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6. Police Claim "Tear Gas Grenades Did Not Enter the Carpark"

Sergeant Lau Hip-sing claimed that the "tear gas grenades can't be shot into the carpark" according to his sight. Lau said the first three shots of tear gas grenades exploded above the protesters and "fell to the ground like fireworks".

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7. Many Police Officers Did Not Know the Whereabouts of Squad No. 1

After several police officers were summoned, it was found that there were more than two squads operating outside the carpark.

However, several officers who were deployed did not know the whereabouts of Squad No. 1.

Source: InMedia; Stand News #Nov18

https://bit.ly/3kK3AeS

https://bit.ly/32VcXlQ

#AsiasFinest #HongKongPolice #Testimony #FireWork #PoliceBrutality
#AsiasFinest
Int'l Scholar Reveals HK Police Illegitimacy

In November 2020, Clifford Stott, a professor of social psychology at Keele University, co-authored an article titled "Patterns of ‘Disorder’ During the 2019 Protests in Hong Kong: Policing, Social Identity, Intergroup Dynamics, and Radicalization" in an academic journal published by Oxford University Press (https://doi.org/10.1093/police/paaa073).

The article examines police illegitimacy in Hong Kong and describes the police reaction to protests as "paramilitary-style police interventions".

Stott was once hired as an international expert at the Hong Kong's Independent Police Complaints Council (#IPCC), which runs a complaint mechanism chaired by former or current police officers.

Stott resigned together with other panel members in December 2019, stating that the IPCC did not have the independent power and investigative capacity to look into police brutality cases and handle police misconduct.

Source: Apple Daily #Nov18
https://bit.ly/35FlqeL
'If you make China the enemy, China will be the enemy': Beijing's fresh threat to Australia

Source: The Sydney Morning Herald #Nov18

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'If you make China the enemy, China will be the enemy': Beijing's fresh threat to Australia

Chinese and Australian relations have taken a skydive after China’s Foreign Ministry spokesman Zhao Lijian leaked a document which contains a list of 14 grievances, including government funding for “anti-China” research at the Australian Strategic Policy Institute, cancellations of Chinese journalist and academic visas, organizing a “crusade” against China’s policies for Taiwan, Hong Kong, and Xinjiang, investigating the origins of COVID-19, banning Huawei in 2018, blocking 10 Chinese investment deals, and “unfriendly” reports on China in Australian independent media.

The Department of Foreign Affairs sees the 14 items as entirely non-negotiable, but that “The Australian government is always ready to talk directly in a constructive fashion about Australia's relationship with China, including about our differences, and to do so directly between our political leaders.”

But a Chinese official asked, "Why should China care about Australia?”. Phone calls would be “meaningless” when the “atmosphere is bad”, further adding that "China is angry. If you make China the enemy, China will be the enemy.”

Source: The Sydney Morning Herald #Nov18

https://amp.smh.com.au/world/asia/if-you-make-china-the-enemy-china-will-be-the-enemy-beijing-s-fresh-threat-to-australia-20201118-p56fqs.html?fbclid=IwAR17BJIjLBGIu8b006hS_Cw8v4s8Z0gQwjIaybGa7fQfAXnfVQZrUWyOcc4

#Australia #AustraliaChina #China #tradewar
#PoliticalOppression
Pro-democracy retail shop decides to exit Hong Kong after months of harassment and nuisance by Pro-Beijing Force

Source: Stand News; #Nov18

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#PoliticalOppression
Pro-democracy retail shop decides to exit Hong Kong after months of harassment and nuisance by Pro-Beijing Force

Pro-democeacy retail chain, #CHICKEEDUCK, announced on November 18, 2021 that it will close down all retail shops in Hong Kong in June/July 2022.

Owner of the brand, #HerbertChow said that he is considering to turn one of the shops in Tin Hau into a museum to display artworks like statue of noble prize winner and Chinese dissident #LiuXiaobo and the Hong Kong's Lady Liberty statue.

Chow told reporters that his company suffered too many oppressions in the past 18 months. The NationalSecurityPolice has once stopped his production factory in China from shipping out orders.

Some staff member of the retail chain have been followed and tracked.

“This decision was not made for me, this decision was made for the company’s staff… considering the daily torture they endured,” said Chow.

The shop received hundreds of nuisance calls per month during peak hours, he added.

“It’s not related to my personal safety,” Chow said. “I took this step not because I was worried that I might get arrested, I never thought that I had violated the law.”

Chow said that he “could not stand injustice," reiterating that he can stop getting involved in other areas, “but when it comes to Hong Kong, our home, how can [I] shut up?”

Source: Stand News; #Nov18 https://thestandnews.page.link/GSZ8x2cUoJNjgFcBA

#YellowShop
#Award
#AppleDaily Founder #JimmyLai awarded 2021 Gwen Ifill Press Freedom Award

Source: Stand News; #Nov18

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#Award
#AppleDaily Founder #JimmyLai awarded 2021 Gwen Ifill Press Freedom Award

The Committee to Protect Journalists (#CPJ) awarded Hong Kong media tycoon Jimmy Lai, who is currently in jail, the 2021 Gwen Ifill Press Freedom Award on November 19, 2021 for his extraordinary and sustained achievement in the cause of press freedom.

Complimenting Lai's achievement, CPJ said, "Lai has become a powerful symbol of the struggle to maintain press freedom in Hong Kong as China’s Communist Party exerts ever greater control over the territory."

The Committee further stated that "In prison, denied bail, the outspoken critic of the Chinese government and advocate for democracy faces charges that could keep him in jail for the rest of his life."

Source: Stand News; #Nov18

https://bit.ly/3nXrw3D

#Recognition #PressFreedom #Arrestee #Dissident #GwenIfill
#AnimalCruelty #PoliceState
Hong Kong wild boars lured to their deaths after police attack


Source: AFP; France 24 #Nov18

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#AnimalCruelty #PoliceState
Hong Kong wild boars lured to their deaths after police attack

//Hong Kong has begun culling wild boars following an attack on a police officer, with seven animals killed after they were lured onto the street by wildlife officials, sparking anger from conservationists on Thursday.

In front of local media crews, officials closed off a road in the district of Aberdeen and scattered breadcrumbs on the ground.

A group of boars soon appeared and were shot with tranquilizer darts before being dispatched with lethal injections.

Roni Wong of the Hong Kong Wild Boar Concern Group tried to break through the police cordon but was stopped.

"We agree with the government on one thing, that people should not feed wild animals," Wong said. "But we should not put liability on the animals."

Hong Kong's Society for the Prevention of Cruelty to Animals said it "severely opposed" the #AFCD operation and "any lethal measure to manage" the city's boar population.

More than 70,000 people have signed an online petition by 13 animal rights groups urging the authorities to withdraw the new kill policy.//

Source: AFP; France 24 #Nov18

www.france24.com/en/live-news/20211118-hong-kong-wild-boars-lured-to-their-deaths-after-police-attack

#WildBoars #AnimalRights #Wildlife #KillPolicy
#Court
More Hong Kong Youth Face National Security Charges; Judge Refuses to Grant Minors Anonymity

Source: Stand News, #Nov18

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#Court
More Hong Kong Youth Face National Security Charges; Judge Refuses to Grant Minors Anonymity

In Hong Kong, 4 members of now-disbanded student organization #StudentPoliticism and 7 members of a pro-democracy activist group, #ReturningValiant, are facing charges of "conspiring to incite subversion".

The 4 members from Student Politicism are Wong Yat-chin, aged 20; Chen Chik-sum, 20; Chu Wai-yin, 18; and Wong Yuen-lam, 19.

On November 18, 2021, when the court was adjourned for recess and Wong Yat-chin was being escorted to the detention room, he shouted back at the court: “This is an offence of hooliganism. No excuse whatsoever is needed.”

He was later severely lectured by the judge, who cautioned him that the court is not a place for political manifestation and his behavior could be regarded as a contempt of court.

Separately, the 7 members from Returning Valiant are Yuen Ka-him, 16; Choi Wing-kit, 20; Leung Yung-wan, 16; Chan Yau-tsun, 25; Tseung Chau Ching-yu, 16; Kwok Man-hei, 18, as well as a 15-year-old girl.

They were charged in late September 2021 under the #NationalSecurityLaw for "inciting others to overthrow" or to undermine the Hong Kong and the Chinese governments with or without the use or the threat of force, as well as the act of conspiracy.

Just before the court dismissed the defendants, the 15-year-old defendant asked the judge to grant an anonymity order, as she is currently under the age threshold as a juvenile. She will turn 16 on the following Tuesday; however, her request was blatantly refused as the judge said, “you will have your birthday soon.”

Source: Stand News, #Nov18
https://thestandnews.page.link/RfuUCtZQpqguQ1v29

#PoliceState #Regime #Minors
China hits back at FBI claim of unauthorized ‘police stations’ in US

China has contested claims it was operating unauthorized “police stations” on US soil, calling the sites volunteer-run, after the FBI director said he was “very concerned” about unauthorized stations that have been linked to Beijing’s influence operations.

Safeguard Defenders, a Europe-based human rights organization, published a report in September revealing the presence of dozens of Chinese police “service stations” in large cities around the world, including New York.

Source:The Guardian #Nov18

https://www.google.ca/url?sa=t&source=web&cd=&ved=2ahUKEwji49X7u7r7AhWQKEQIHbtZDzYQFnoECA4QAQ&url=https%3A%2F%2Famp.theguardian.com%2Fworld%2F2022%2Fnov%2F18%2Fchina-police-stations-us-fbi-wray&usg=AOvVaw2AnrK9r5rT12Pf9IlmWjxn

#FBI #Police #China #NewYork