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We provide translation of news in English from local media and other sources, for academic use.
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[Snapshot of October 11]
Government Shows No Sign to Accept the "5 Demands", The first person charged with rioting to answer in court at month’s end

One of the five demands is to retract the "riot" classification of the 6.12 Rally. Despite this, a 21-year-old lifeguard is the first person charged with rioting in the 6.12 Rally to be trialed in the Wan Chai District Court on October 31. He is also charged with two counts of resisting the police.

Meanwhile, one more person is charged with assaulting the police in the 6.12 Rally. He was mentioned today in Eastern Magistrates’ Court.

Moreover, a 28-year-old car owner is charged with dangerous driving, for blocking three lanes with her car on the Harcourt Road on June 13.

Source: Inmedia HK, October 11

[Case for Comparison]
13-year-old detained for 27 days but no charge was pressed

https://t.m/guardiansofhongkong/8132

[Case for Comparison]
Man with record of violence received only a 2 month sentence after attacking students and injuring their teacher

https://t.me/guardiansofhongkong/8150

#Court #5DemandsNot1Less #Rioting #PoliceState
695 people were charged of Rioting in 2020 with the youngest of aged 17 who was imprisoned for 3 years and 4 months.

#HongKongProtests #Rioting #Imprisonment #GoHKGraphics
#MassArrest #NeverGiveUp
HK Pro-democracy Activist Arrested Again on Birthday: More Hongkongers will Face Arrest, Trial and Jail during Surging Political Oppression

In January 2021, the National Security unit of the Hong Kong Police Force made a mass arrest of 55 democrats, citing their involvement in thr Legislative Council primary election in 2020 as a "breach of #NationalSecurityLaw".

Most of the arrestees on bail were told to report to the police station on February 10, 2021. #OwenChow, who has been actively assisting the familes of the 12 pro-democracy Homgkongers jailed in China, is one of them.

When reporting to the police station as instructed, Chow was arrested again on Feb 10, 2021 on suspicion of "rioting" for purportedly entering the Leglistive Council building on 1 July 2019. Chow was later released on HK$10,000 bail in the evening.

Chow expressed that in view of growing #PoliticalOppression, more pro-democracy supporters will be arrested, trialed, and jailed in the future.

“I believe the authorities can never arrest all those who yearn for democracy. So long as we maintain our resolution, the revolution will not end until we succeed.”

He wished that Hongkongers could survive the times of the #WhiteTerror untroubled.

February 10, the day he was re-arrested, is also Chow’s birthday. He said that it was an unforgettable birthday for him to face an additional criminal charge of "rioting".

Although he took it in peace, Chow admitted that he missed having birthday dinner with his family. Chow called on everyone to treasure the time spent with their family.

During Chow’s interview with the media, the police interrupted repeatedly, urging the reporters to disperse.

Source: Stand News; #Feb10
https://bit.ly/3tDYiHA

#PrimaryElection #Rioting
#FirstHand #Feb19
HK Authorities Prosecute 12 People for Riotting in #PolyUSiege; Police Ticket and Arrest Pro-democracy Supporters

On Feb 19, 2021, the Hong Kong police arrested 12 people at midnight. The police accused them of "rioting" for their reported presence in the campus of the Hong Kong Polytechnic University (#PolyU) during the police siege of the university in November 2019.

More than one year after, the 12 Hongkongers were the first ones to be prosecuted among the 200 arrests made in PolyU. They were mentioned in the Kowloon City Magistrates on the late afternoon of the same day. The court refused to grant bail for 11 of them, apart from one being a voluntary first aider. The group will be detained until the next hearing in March 2021.

At round 21:30, 22 citizens (7 men and 15 women) in support of the pro-democracy movement showed support for the arrestees outside of the court. The police ticketed and fined all of them for the violatiok of the 599G gathering ban. Among the supporters, the police arrested a man in his twenties, for finding an 'Octopus' travel card with a name different than his.

See photos:
https://t.me/guardiansofhongkong/28679

The young man was taken away in the police car with the license number AM7057.

#PoliceState #Court #MassArrest #FirstAider #Rioting #599G #OctopusCard
#Court #PoliticalProsecution
HK Police Accuses 4 University Students of Rioting, One Carries Note that Reads “To all Hong Kongers, we must win”

During their siege of the Chinese University of Hong Kong in November 2019, the Hong Kong police confronted pro-democracy protesters at the No. 2 Bridge.

Afterwards, the police entered the campus, fired tear gas grenades and subdued civilians.

Among them, 3 male and 1 female university students were charged with rioting, violating the mask ban law and possessing offensive weapons. They were trialed on April 20, 2022 at the Wan Chai District Court. The case was handked by dstrict judge Clement Lee Hing-nin was .

In its opening statement, the prosecution said that a piece of paper was found after the police conducted body search on one of the students that was accused of rioting.

The note read “To all Hong Kongers, we must win”. The prosecution accused the student of rioting based on his all-black outfit, his presence at the riot scene, and the fact that he escaped when subdued by the police.

Source: Apple News #Apr20

https://hk.appledaily.com/local/20210420/QDAMBY2YMRCKDLGB37SEXN6KX4/

#CUHKSiege #Rioting #PoliceState #UniversityStudents #PoliticalPrisoner
#Court
Hong Kong Court Sends Three More Pro-democracy Protesters to Over 5 years in Jail for "Rioting", Causing Public Grievances

On September 25, 2021, the district court convicted three pro-democracy protesters of "rioting" during the police siege of the Hong Kong Polytechnic University (#PolyU) in November 2019. The three young people were arrested during clashes in nearby Jordan as citizens attempted to break the police siege. They are sentenced to jail terms ranging from 5 years to 5 years and 8 months.

The defendants were calm when hearing the sentence. When the court adjourned, pro-democracy supporters waved to them and said, "hang on!". Some shout to the court, "there are no rioters, only tyranny!" and "Shame!"

Meanwhile, the mother of the principle defendant wept, shouting "unfair", "killing the innocent" and "my son is not guilty!" She continued to cry and almost collapsed in the corridor.

The families of other defendants tried to console her, pointing out that her son would be saddened seeing his mother in such a state: "We have to go through this together. We understand. It is not like we do not feel anything".

Many people in the courtroom broke into tears, mourning their fellow pro-democracy Hongkongers.

Source: InMedia #Sept25

https://bit.ly/3F0M15Z
#PoliticalProsecution #Rioting #PolyUSiege #HongkongProtesters #Solidarity
#Court
"Joint Enterprise" Not Applicable to #Rioting, Hong Kong Top Court Rules; "Only Restoring What the Government Illegally Changed", Says Hongkonger

#CourtOfFInalAppeal #Verdict #JointEnterprise

Sources: Citizen News #Nov4

Read more
⬇️⬇️⬇️⬇️
https://t.me/guardiansofhongkong/31388
#Court
"Joint Enterprise" Not Applicable to #Rioting, Hong Kong Top Court Rules; "Only Restoring What the Government Illegally Changed", Says Hongkonger

Hong Kong's Court of Final Appeal handed down a landmark verdict on November 4, 2021, ruling that people not physically present at a riot or unlawful assembly cannot be charged under the common law doctrine of "joint enterprise".

This ruling had far-reaching implications, as the government had charged large numbers of protesters in the Anti-ELAB Movement with these two offenses.

In September 2020, the Department of Justice (#DoJ) submitted an appeal to seek clarification on the principle of joint enterprise stemming from #ElaineTo and #HenryTong’s case, where the couple was acquitted of rioting.

See also: Chanting protest slogan at home could risk an offence of rioting, legal practitioner warns (Sept 28, 2020)
https://t.me/guardiansofhongkong/25567

If the principle were applicable, then supporters in roles such as sentries, drivers, and being in charge of supplies may become at risk to being found guilty for rioting as secondary offenders, even though they were physically far from the scene of the riot. The verdict ruled otherwise. However, the Court of Final Appeal also emphasized that those who “promote or act in furtherance” of an illegal assembly or riot may still be liable to face charges if they committed "secondary and inchoate liability offences", whether they were present or not.

Henry Tong, one of the two pro-democracy activists who submitted the appeal, said that the verdict was reasonable, and he was satisfied with the results. He noted that the successful appeal merely restores the law to what it was before the DoJ had tried to "make illegal changes" to it.

He admitted that he had been very nervous in the few days leading up to the verdict and had trouble sleeping, and is now quite tired. However, he was glad that today brought some positive energy to friends in these difficult times.

It had been more than a year since the DoJ made its appeal, and he had now finished what he could do, he said. However, he noted that the broader situation of Hong Kong is still changing. "It feels terrible to watch my hometown fall apart," he said.

He took a more positive tone in his Facebook post about the verdict, however, exhorting Hongkongers to keep on: "If we can restore what had gone bad in the areas in the reach of each of us, then Hong Kong has a chance to be restored."

#CourtOfFInalAppeal #Verdict #JointEnterprise

Sources:
- Citizen News #Nov4
https://bit.ly/3q5ldMF

- Court of Final Appeal Press Release (Chinese):
https://legalref.judiciary.hk/doc/judg/html/vetted/other/en/2021/FACC000006_2021_files/FACC000006_2021CS.docx

- Henry Tong's Facebook
https://www.facebook.com/108379573919637/posts/594304725327117/
#Court
Another 20 Hong Kong youngsters convicted of rioting near #ChinaLiaisonOffice during 2019 #AntiELAB Movement

During the Anti-ELAB movement, fierce confrontations between pro-democracy civilians and riot police erupted on July 28, 2019 in Shang Wan, Hong Kong near the China Liaison Office.

The intense clash ended with the arrest of 44 pro-democracy civilians. They were charged for rioting. The group were trialed in court in three court cases to be handled by different judges.

Of the 24 protesters charged in the second court cases, only one plead guilty to rioting.

On November 13, 2021, the Hong Kong District Court found 20 out of these 24 defendants guilty of participating in a riot.

In his verdict, the District judge affirmed that the 20 convicted individuals had participated in a riot based on the clothes they wore, the tools in their possession, as well as the time and place of their arrests.

“It can be concluded beyond reasonable doubt that the defendants were participants in a riot, and were not bystanders or people who happened to pass by a protest site.”

Among the 20 convicts, 16 were seen on the protest frontlines in a stand-off against the police. One of the convicted was found guilty of illegal possession of radio apparatus while another was charge of assaulting a police officer who turned out to be the son of former Police Commissioner.

Source: Stand News; #Nov13
https://thestandnews.page.link/AiULTR6zMBkRbXgd7

#PoliticalProsecution #Rioting #PoliceState #July28
#Oppression #PoliceState
Pro-democracy activists Henry Tong and wife left Hong Kong; Managed to overcome bouts of depression

Henry Tong and his wife Elaine To announced on #Jan17 on their Facebook page that they have left Hong Kong. Due to concerns over the safety of his family and the changing Hong Kong judicial environment, he stated that he “had to physically move away [from Hong Kong]”.

Tong and To (then fiancée) were convicted of rioting in a protest in Sheung Wan on 28 July 2019 (known as the “728 case”) and were later cleared of all charges.

Initially Tong thought the transition should be relatively straightforward, but in reality “it isn’t easy to leave a place where you grew up”. “We have done nothing wrong. Poor governance and policies in the past 20 odd years have turned our lives upside down. In the end it is us who have to go. Why?” He could not help asking himself, in tears with his wife on the plane flying out.

Tong shared his experience of depression after arrival in the first two months. The pain of separation [from his loved ones in Hong Kong] was so raw that he even had suicidal thoughts.

Thanks to the encouragement from his fellow remand prisoners in the 728 case, he managed to overcome this trying time. The group named themselves “turnips” after the worst ever dish they had in custody. Fellow turnips kept reminding him that “the physical distance will not prevent one from pursuing the cause”. Tong said his “primary goals right now are to equip himself and seek opportunities”. He added, regardless of what lies ahead and where he is, his determination will not waver and hope “everyone takes care and we will meet again in Hong Kong”.

See report by HKCNews in Chinese.
https://www.hkcnews.com/article/32370/728%E4%B8%8A%E7%92%B0%E8%A1%9D%E7%AA%81-%E6%9A%B4%E5%8B%95-%E8%B5%B4%E6%B9%AF%E6%9D%9C%E7%81%AB-32392/%E6%9A%B4%E5%8B%95

He posted a photo of him holding a yellow umbrella at Liberty Square in Taipei. He added two lines of text in the photo, showing “wishing everyone a life that is free and equal” and “looking forward to meeting again in Hong Kong”.

In addition, he stated, “afterall, I will stay true to what I believe regardless of what will happen and where I am”.

Henry Tong and his wife used to be fitness coaches and operated a gym together. They closed the gym following Hong Kong’s LeaveHomeSafe app was mandated on 18 February 2021 due to privacy concerns. They also stopped coaching due to suspicious people lurking around where they worked.

See Henry Tong's announcement in Chinese on Facebook.
https://www.facebook.com/Futongtofor/posts/640198240737765

Source: InMediaHK; #Jan18
https://www.inmediahk.net/node/%E7%A4%BE%E9%81%8B/%E8%B5%B4%E6%B9%AF%E6%9D%9C%E7%81%AB%E9%9B%A2%E6%B8%AF-%E6%B9%AF%E5%81%89%E9%9B%84

#WhiteTerror #JointEnterprise #Taiwan #NationalSecurityLaw #PoliceState

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Related News

"Joint Enterprise" Not Applicable to #Rioting, Hong Kong Top Court Rules; "Only Restoring What the Government Illegally Changed", Says Hongkonger
https://t.me/guardiansofhongkong/31388

Chanting protest slogan at home could risk an offence of rioting, legal practitioner warns
https://t.me/guardiansofhongkong/25566
.