#Court
Mocking remarks sprayed on communal wall targeting magistrate acquitting pro-democracy protesters
A disparaging remark, directing at former magistrate Stanley Ho Chun-yiu, was sighted on the walls of two property buildings on Broadcast Drive in Hong Kong that read, “Police arrests, Magistrate releases”.
Magistrate Ho has been a target of CCP loyalists after he acquitted some pro-democracy protesters and scorned evidence given by some police officers.
The Police Public Relations Bureau confirmed that a report was received at late evening of October 20, informing the police that 4 men riding on a white private car were seen scratching the remark on the wall. The case is tentatively listed as criminal damage with no arrests made.
Source: Stand News #Oct21
#PoliceState #RuleofLaw
Related article
Chief Magistrate: the magistrate's decision based on facts and evidence
https://t.me/guardiansofhongkong/25971
Mocking remarks sprayed on communal wall targeting magistrate acquitting pro-democracy protesters
A disparaging remark, directing at former magistrate Stanley Ho Chun-yiu, was sighted on the walls of two property buildings on Broadcast Drive in Hong Kong that read, “Police arrests, Magistrate releases”.
Magistrate Ho has been a target of CCP loyalists after he acquitted some pro-democracy protesters and scorned evidence given by some police officers.
The Police Public Relations Bureau confirmed that a report was received at late evening of October 20, informing the police that 4 men riding on a white private car were seen scratching the remark on the wall. The case is tentatively listed as criminal damage with no arrests made.
Source: Stand News #Oct21
#PoliceState #RuleofLaw
Related article
Chief Magistrate: the magistrate's decision based on facts and evidence
https://t.me/guardiansofhongkong/25971
#FailedState #RuleofLaw
The High Court issues order sought by Secretary of Justice to protect pro-government judicial officials
Following a similar injunction protecting police officer, the High Court granted an interim injunction to restrain members of the public from unlawfully doxxing judicial officers as well as their families. The order will remain in effect until November 13. Those in breach may subject to investigation for civil contempt of court, which could result in imprisonment.
Lawyers have broadly welcomed the injunction, Civic Party member and lawmaker of legal sector, Dennis Kwok Wing-hang, however, expressed concern over its scope. Kwok worried that citizens, when disapproving a ruling or criticizing a judge might unintentionally break the law.
Source: Apple Daily #Oct30
https://bit.ly/3mytCmO
The High Court issues order sought by Secretary of Justice to protect pro-government judicial officials
Following a similar injunction protecting police officer, the High Court granted an interim injunction to restrain members of the public from unlawfully doxxing judicial officers as well as their families. The order will remain in effect until November 13. Those in breach may subject to investigation for civil contempt of court, which could result in imprisonment.
Lawyers have broadly welcomed the injunction, Civic Party member and lawmaker of legal sector, Dennis Kwok Wing-hang, however, expressed concern over its scope. Kwok worried that citizens, when disapproving a ruling or criticizing a judge might unintentionally break the law.
Source: Apple Daily #Oct30
https://bit.ly/3mytCmO
#PoliceState #RuleofLaw
NWFB driver accused of negligent driving will not receive legal support from NWFB if refused to plead guilty; NWFB: It is recommended that another lawyer be appointed as soon as possible
Source: Apple Daily, Stand News; #Nov3
Read more
⬇️⬇️⬇️
NWFB driver accused of negligent driving will not receive legal support from NWFB if refused to plead guilty; NWFB: It is recommended that another lawyer be appointed as soon as possible
Source: Apple Daily, Stand News; #Nov3
Read more
⬇️⬇️⬇️
#PoliceState #RuleofLaw
NWFB driver accused of negligent driving will not receive legal support from NWFB if refused to plead guilty; NWFB: It is recommended that another lawyer be appointed as soon as possible
During the Tsim Sha Tsui march on 6 September, a driver from #NWFB 970 line was arrested by the police while driving. He was once accused of driving fast for no reason, and was involved in dangerous driving. He was also alleged to have carried a spanner to work, which was labelled as an offensive weapons. He was eventually charged with careless driving. The case will be heard again on the 17th of this month.
Lam Kam-biu, chairman of the NWFB Workers Union, said when receiving an inquiry from Apple Daily that he had received the arrested driver’s request for help, saying that the driver had been informed by NWFB that if he pleaded not guilty, the company would not continue to provide him with legal assistance. Lam frankly said that he was dissatisfied with the decision of NWFB and had no choice but to assist the captain in finding legal support. When NWFB responded to the inquiry, it acknowledged the matter and stated that the law firm it commissioned made the relevant decision after reviewing the evidence and confession. If the driver chooses to defend, it is recommended that he appoint another lawyer to handle it as soon as possible.
Source: Apple Daily, Stand News; #Nov3
NWFB driver accused of negligent driving will not receive legal support from NWFB if refused to plead guilty; NWFB: It is recommended that another lawyer be appointed as soon as possible
During the Tsim Sha Tsui march on 6 September, a driver from #NWFB 970 line was arrested by the police while driving. He was once accused of driving fast for no reason, and was involved in dangerous driving. He was also alleged to have carried a spanner to work, which was labelled as an offensive weapons. He was eventually charged with careless driving. The case will be heard again on the 17th of this month.
Lam Kam-biu, chairman of the NWFB Workers Union, said when receiving an inquiry from Apple Daily that he had received the arrested driver’s request for help, saying that the driver had been informed by NWFB that if he pleaded not guilty, the company would not continue to provide him with legal assistance. Lam frankly said that he was dissatisfied with the decision of NWFB and had no choice but to assist the captain in finding legal support. When NWFB responded to the inquiry, it acknowledged the matter and stated that the law firm it commissioned made the relevant decision after reviewing the evidence and confession. If the driver chooses to defend, it is recommended that he appoint another lawyer to handle it as soon as possible.
Source: Apple Daily, Stand News; #Nov3
#JudicialIndependence #SeparationofPowers
HK Chief Justice Geoffrey Ma: Judicial Independence Must Be Separated from Politics, No One is Above the Law
The issue of separation of powers has sparked intense debate in Hong Kong as the authorities and Beijing loyalists refused to acknowledge its practice in Hong Kong.
In his speech at the ceremonial opening of Hong Kong Legal Week 2020, Chief Justice of the Court of Final Appeal Geoffrey Ma reiterated the importance of not politicizing the independent judiciary and court. As clearly stated in the Basic Law, Hong Kong enjoys independent judicial power, including that of final adjudication. This means no one is above the law, nor can one interfere with court decision. All adjudications must comply strictly with the law, and uphold the principles of equality, equity and fairness.
Geoffrey Ma also pointed out that the rule of law had always been an important core value of Hong Kong, which warranted careful protection, and society could not bear the risk of losing it.
He asked the public to dismiss misconceptions and misunderstanding about rule of law in order to protect it. He believed that law should be predictable, stable and clear, and judicial decision should be open to the public.
Ma stated that according to the Basic Law, the non-permanent judges of the Court of Final Appeal and lawyers from other common law jurisdictions could practice in Hong Kong.
Source: Stand News #Nov2
#RuleofLaw #GeoffreyMa #LegalWeek #Speech
HK Chief Justice Geoffrey Ma: Judicial Independence Must Be Separated from Politics, No One is Above the Law
The issue of separation of powers has sparked intense debate in Hong Kong as the authorities and Beijing loyalists refused to acknowledge its practice in Hong Kong.
In his speech at the ceremonial opening of Hong Kong Legal Week 2020, Chief Justice of the Court of Final Appeal Geoffrey Ma reiterated the importance of not politicizing the independent judiciary and court. As clearly stated in the Basic Law, Hong Kong enjoys independent judicial power, including that of final adjudication. This means no one is above the law, nor can one interfere with court decision. All adjudications must comply strictly with the law, and uphold the principles of equality, equity and fairness.
Geoffrey Ma also pointed out that the rule of law had always been an important core value of Hong Kong, which warranted careful protection, and society could not bear the risk of losing it.
He asked the public to dismiss misconceptions and misunderstanding about rule of law in order to protect it. He believed that law should be predictable, stable and clear, and judicial decision should be open to the public.
Ma stated that according to the Basic Law, the non-permanent judges of the Court of Final Appeal and lawyers from other common law jurisdictions could practice in Hong Kong.
Source: Stand News #Nov2
#RuleofLaw #GeoffreyMa #LegalWeek #Speech
#Injustice #Court
HK's Department of Justice Cancels Private Prosecution Launched by Pro-dem Ray Chan Chi-chuen: 'No Evidence is Offered'
Ray Chan Chi-chuen, the chairman of People Power and a former pro-democracy lawmaker, was dragged on the floor by the pro-Beijing lawmaker Kwok Wai-keung of the Federation of Trade Union, during the House Committee meeting on May 8, 2020 at the Legislative Council.
Chan subsequently initiated a private prosecution against Kwok. Chan said in his Facebook post on November 6, 2020 that he was notified by the Department of Justice (#DoJ) that the authorities would step in and discontinue the private prosecution against Kwok as 'no evidence is offered' in the case.
Source: Stand News #Nov6
#RuleofLaw #PrivateProsecution #RayChan #KwokWaiKeung #Discrimination
HK's Department of Justice Cancels Private Prosecution Launched by Pro-dem Ray Chan Chi-chuen: 'No Evidence is Offered'
Ray Chan Chi-chuen, the chairman of People Power and a former pro-democracy lawmaker, was dragged on the floor by the pro-Beijing lawmaker Kwok Wai-keung of the Federation of Trade Union, during the House Committee meeting on May 8, 2020 at the Legislative Council.
Chan subsequently initiated a private prosecution against Kwok. Chan said in his Facebook post on November 6, 2020 that he was notified by the Department of Justice (#DoJ) that the authorities would step in and discontinue the private prosecution against Kwok as 'no evidence is offered' in the case.
Source: Stand News #Nov6
#RuleofLaw #PrivateProsecution #RayChan #KwokWaiKeung #Discrimination
#CulturalRevolution #Education
More senior officials of HK Examinations and Assessment Authority resigned reportedly due to extreme political pressure
In May 2020, the history exam paper question from the Hong Kong Diploma of Secondary Education Examination (#HKDSE) was harshly criticized by pro-Beijing figures. The question asked students to discuss whether Japan did more good than harm to China during the war years.
Soon after the PRC's Foreign Ministry condemned the question, calling it biased and off-limits, Hong Kong government's #EducationBureau pressured the Hong Kong Examinations and Assessment Authority (#HKEAA), an independent organization, to strike out the question because it “seriously hurt feelings and dignity of the Chinese people who suffered great pain during the Japanese invasion of China”.
This incident was said to lead to resignation of Yeung Wing-yu, Manager of the Evaluation and Development Department of HKEAA and Secretary of the Committee on Subjects of the History Section in August 2020.
Before leaving the Authority, Yeung revealed to his colleagues that his resignation was due to extreme political pressure. He suspected that the series of seemingly coincidences were in fact vigilantly planned.
Yeung pointed out that the DSE question was leaked way before the examination day in May while the question’s marking scheme was leaked two months later in July. During this time, his social media account was being repeated hacked for at least twice.
After HKEAA’s decision to invalidate the question on Sino-Japanese relationship on 22 May, he personally covered up students’ answers to the question. Yeung considered the incident the biggest humiliation in his tenure in HKEAA.
Liberal studies is another subject furiously pounced by the SAR government. Lo Ka-yiu, Senior Manager of HKEAA responsible for Liberal Study was fluttered by pro-Beijing mouthpiece in Hong Kong for his pro-democracy opinion calling for the city’s Chief Executive to step down.
In May 2020, Lo and Leung Tsz-yin, a manager reported to him, both resigned. In September, two Liberal Studies teachers, Fan Si-kei and Lam Yi-mei, were appointed to replace Lo and Leung.
However, it was reported on December 5 that Lam Yi-mei resigned despite an extremely short tenure of less than three months.
Since May 2020, a number of senior officials of HKEAA has either resigned or their contracts not being renewed, including the Authority’s Secretary General, principal officer of Assessment Development, as well as Senior Manager and Manager responsible for Liberal Studies.
Most recently, HKEAA announced appointment of their new Secretary General Ngai Heung-tung, Professor of Economics of Lingnan University who again has profound Chinese background.
Source : Apple Daily; Citizens News #Dec1 #Dec5
https://hk.appledaily.com/local/20201201/76TJAJBXSZGAVKTMYQHGUFDCQI/
https://bit.ly/2Vluj7k
=========
Related articles:
Secondary School Students Organised Platform to initiate judicial review on the government's decision to cancel DSE history question
https://t.me/guardiansofhongkong/21383
Education Bureau criticizes HKDSE controversial question on History paper
https://t.me/guardiansofhongkong/20819
HK Education Chief Denies Charges of Turning Liberal Studies subject into pro-China National Education
https://t.me/guardiansofhongkong/27170
#Censorship #RuleOfLaw #Brainwash #PublicExam #CCPControl #LiberalStudies #Resignation #PoliticalPressure
More senior officials of HK Examinations and Assessment Authority resigned reportedly due to extreme political pressure
In May 2020, the history exam paper question from the Hong Kong Diploma of Secondary Education Examination (#HKDSE) was harshly criticized by pro-Beijing figures. The question asked students to discuss whether Japan did more good than harm to China during the war years.
Soon after the PRC's Foreign Ministry condemned the question, calling it biased and off-limits, Hong Kong government's #EducationBureau pressured the Hong Kong Examinations and Assessment Authority (#HKEAA), an independent organization, to strike out the question because it “seriously hurt feelings and dignity of the Chinese people who suffered great pain during the Japanese invasion of China”.
This incident was said to lead to resignation of Yeung Wing-yu, Manager of the Evaluation and Development Department of HKEAA and Secretary of the Committee on Subjects of the History Section in August 2020.
Before leaving the Authority, Yeung revealed to his colleagues that his resignation was due to extreme political pressure. He suspected that the series of seemingly coincidences were in fact vigilantly planned.
Yeung pointed out that the DSE question was leaked way before the examination day in May while the question’s marking scheme was leaked two months later in July. During this time, his social media account was being repeated hacked for at least twice.
After HKEAA’s decision to invalidate the question on Sino-Japanese relationship on 22 May, he personally covered up students’ answers to the question. Yeung considered the incident the biggest humiliation in his tenure in HKEAA.
Liberal studies is another subject furiously pounced by the SAR government. Lo Ka-yiu, Senior Manager of HKEAA responsible for Liberal Study was fluttered by pro-Beijing mouthpiece in Hong Kong for his pro-democracy opinion calling for the city’s Chief Executive to step down.
In May 2020, Lo and Leung Tsz-yin, a manager reported to him, both resigned. In September, two Liberal Studies teachers, Fan Si-kei and Lam Yi-mei, were appointed to replace Lo and Leung.
However, it was reported on December 5 that Lam Yi-mei resigned despite an extremely short tenure of less than three months.
Since May 2020, a number of senior officials of HKEAA has either resigned or their contracts not being renewed, including the Authority’s Secretary General, principal officer of Assessment Development, as well as Senior Manager and Manager responsible for Liberal Studies.
Most recently, HKEAA announced appointment of their new Secretary General Ngai Heung-tung, Professor of Economics of Lingnan University who again has profound Chinese background.
Source : Apple Daily; Citizens News #Dec1 #Dec5
https://hk.appledaily.com/local/20201201/76TJAJBXSZGAVKTMYQHGUFDCQI/
https://bit.ly/2Vluj7k
=========
Related articles:
Secondary School Students Organised Platform to initiate judicial review on the government's decision to cancel DSE history question
https://t.me/guardiansofhongkong/21383
Education Bureau criticizes HKDSE controversial question on History paper
https://t.me/guardiansofhongkong/20819
HK Education Chief Denies Charges of Turning Liberal Studies subject into pro-China National Education
https://t.me/guardiansofhongkong/27170
#Censorship #RuleOfLaw #Brainwash #PublicExam #CCPControl #LiberalStudies #Resignation #PoliticalPressure
#PoliceState
68-year-old retired policewoman forced a kiss on youngster, #Court rules not guilty for indecent assault
Last September, two groups of citizens with opposing political stance came into a spat at a park in Sham Shui Po, at which point a youngster started to record the incident on video with his mobile phone. Upset at being recorded, a 68-year-old woman charged at the youngster and forced a kiss on his lips. Although shocked, the youngster wiped his lips and carried on recording.
The woman, a retired police sergeant, then slapped the youngster’s phone and threatened to kiss him again.
On December 8, 2020, the West Kowloon Magistrates Court ruled against the offence of indecent assault, and convicted for three counts of common assault. The judge said in the ruling that the woman's behavior was “constrained”; therefore she was only subject to a fine of HK$4,500.
Source: Ming Pao, #Dec9
#PoliceState #RuleofLaw #HKProtest
68-year-old retired policewoman forced a kiss on youngster, #Court rules not guilty for indecent assault
Last September, two groups of citizens with opposing political stance came into a spat at a park in Sham Shui Po, at which point a youngster started to record the incident on video with his mobile phone. Upset at being recorded, a 68-year-old woman charged at the youngster and forced a kiss on his lips. Although shocked, the youngster wiped his lips and carried on recording.
The woman, a retired police sergeant, then slapped the youngster’s phone and threatened to kiss him again.
On December 8, 2020, the West Kowloon Magistrates Court ruled against the offence of indecent assault, and convicted for three counts of common assault. The judge said in the ruling that the woman's behavior was “constrained”; therefore she was only subject to a fine of HK$4,500.
Source: Ming Pao, #Dec9
#PoliceState #RuleofLaw #HKProtest
明報新聞網 - 即時新聞 instant news
六旬婦不滿被拍攝強吻青年嘴唇 非禮罪脫 普通襲擊罪成判罰款 (17:25) - 20201208 - 港聞
去年9月，有人疑因政見不同，在深水埗一個公園發生口角，一名青年舉手機拍片，六旬退休女警不滿被拍攝，涉上前強吻青年嘴唇一下，青年抹嘴後繼續拍攝，退休女警稱「我再惜添啊！」，並拍打其手機。退休女警今（8日）於西九龍裁判法院被裁定非禮罪脫，但3項普通襲擊罪成，罰款4500元。裁判官表示，被告面對眾人包圍拍攝，表現尚算克制，可以罰款處理本案。
#RuleofLaw #HKBA
Chairman of HK Bar Association: Secretary for Justice Needs to Stop Unprincipled Attacks on #JudicialIndependence
Source: Stand News, #Jan11
Read more
⬇️⬇️
Chairman of HK Bar Association: Secretary for Justice Needs to Stop Unprincipled Attacks on #JudicialIndependence
Source: Stand News, #Jan11
Read more
⬇️⬇️
#RuleofLaw #HKBA
Chairman of HK Bar Association: Secretary for Justice Needs to Stop Unprincipled Attacks on #JudicialIndependence
In his speech marking the opening of the Legal Year on 11 January 2021, Chairman of the Hong Kong Bar Association, #PhilipDykes talked about judicial independence imperative to maintaining the Rule of Law in Hong Kong.
Dykes said his main concern were accusations that judges had acted out of partiality or bad faith “for no reason other than that they happened to decide a case one way rather than the other. Or because the result does not fit a political or moral agenda.”
He opined that these attacks on the judges “are pure poison” and it is the justice secretary’s responsibility to ensure accountability for these acts. He added, “If nothing is done about attacks, they will undermine confidence and respect for the courts and the administration of justice will slowly evaporate.”
Dykes stressed that “Without independent-minded lawyers, you will not have independent-minded judges.” “Independence at the Bar means being bold in defense and, where necessary, bold in aggression. It means barristers will take on unpopular causes and stick doggedly with them and not being swayed by negative opinions about them or their clients.”
He further elaborated that “the Judiciary is, notoriously, weaker than the other branches of Government whose functions, duties and powers are described in Chapter IV Basic Law”.
"The Judiciary commands no army or police force nor can it appeal to a sympathetic political electorate for support. It must demonstrate its worth in the constitutional order by commanding the people's respect through its commitment to the Rule of Law, which means, essentially, administering justice 'without fear or favour, self-interest or deceit."
"When there is a creeping barrage of baseless criticism that supposes that judges are politically biased, incompetent or dishonest, the damage is done not so much to the judges, who have broad backs, but to the Judiciary as an institution."
Dykes wrapped up his address hoping that “common sense prevails and that people see that conscienceless attacks on the Judiciary do no one any good. They eat away at society's respect for the Law, which is necessary for judicial independence.”
He carried on saying, "without judicial independence, a pearl of great price, we might as well pack up our bags and steal away for Hong Kong is nothing without it.”
Source: Stand News, #Jan11
=====
Read Philip Dykes’ full speech
Speech of the Chairman of the Hong Kong Bar Association, Philip Dykes SC, at the Opening of the Legal Year 2021, dated 11 January 2021
https://www.hkba.org/sites/default/files/20210111-Speech%20of%20Bar%20Chairman%20at%20Opening%20of%20Legal%20Year%202021%20%28E%29.pdf
Chairman of HK Bar Association: Secretary for Justice Needs to Stop Unprincipled Attacks on #JudicialIndependence
In his speech marking the opening of the Legal Year on 11 January 2021, Chairman of the Hong Kong Bar Association, #PhilipDykes talked about judicial independence imperative to maintaining the Rule of Law in Hong Kong.
Dykes said his main concern were accusations that judges had acted out of partiality or bad faith “for no reason other than that they happened to decide a case one way rather than the other. Or because the result does not fit a political or moral agenda.”
He opined that these attacks on the judges “are pure poison” and it is the justice secretary’s responsibility to ensure accountability for these acts. He added, “If nothing is done about attacks, they will undermine confidence and respect for the courts and the administration of justice will slowly evaporate.”
Dykes stressed that “Without independent-minded lawyers, you will not have independent-minded judges.” “Independence at the Bar means being bold in defense and, where necessary, bold in aggression. It means barristers will take on unpopular causes and stick doggedly with them and not being swayed by negative opinions about them or their clients.”
He further elaborated that “the Judiciary is, notoriously, weaker than the other branches of Government whose functions, duties and powers are described in Chapter IV Basic Law”.
"The Judiciary commands no army or police force nor can it appeal to a sympathetic political electorate for support. It must demonstrate its worth in the constitutional order by commanding the people's respect through its commitment to the Rule of Law, which means, essentially, administering justice 'without fear or favour, self-interest or deceit."
"When there is a creeping barrage of baseless criticism that supposes that judges are politically biased, incompetent or dishonest, the damage is done not so much to the judges, who have broad backs, but to the Judiciary as an institution."
Dykes wrapped up his address hoping that “common sense prevails and that people see that conscienceless attacks on the Judiciary do no one any good. They eat away at society's respect for the Law, which is necessary for judicial independence.”
He carried on saying, "without judicial independence, a pearl of great price, we might as well pack up our bags and steal away for Hong Kong is nothing without it.”
Source: Stand News, #Jan11
=====
Read Philip Dykes’ full speech
Speech of the Chairman of the Hong Kong Bar Association, Philip Dykes SC, at the Opening of the Legal Year 2021, dated 11 January 2021
https://www.hkba.org/sites/default/files/20210111-Speech%20of%20Bar%20Chairman%20at%20Opening%20of%20Legal%20Year%202021%20%28E%29.pdf
#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
US urged Beijing to reinstate the qualifications of two lawyers in the Hong Kong 12 case and stop suppressing Taiwan
US State Department spokesperson Ned Price indicated on Tuesday (2 Feb), that the Biden administration is in no hurry to engage with China, and said it would do so once it was in “lockstep” with its allies and partners, only then there will be engagement in several areas with China. He also said the US government is deeply concerned by China's attempts to disbar lawyers appointed by families in “12 Hongkongers’ case”, urged Beijing to respect human rights. In addition, he said China should cease its military, diplomatic and economic pressure against Taiwan
Ned Price said on Twitter, that the United States is “deeply concerned by China's attempts to disbar and harass human rights lawyers Lu Siwei and Ren Quanniu for representing the Hong Kong 12. We urge Beijing to respect human rights and the rule of law and to reinstate their legal credentials at once.”
Source: The Stand News #Feb03
https://bit.ly/3bzgDxf
#China #Beijing #Taiwan #UnitedStates #NedPrice #BidenAdministration #HumanRights #RuleOfLaw #Save12 #Save12Youths
US State Department spokesperson Ned Price indicated on Tuesday (2 Feb), that the Biden administration is in no hurry to engage with China, and said it would do so once it was in “lockstep” with its allies and partners, only then there will be engagement in several areas with China. He also said the US government is deeply concerned by China's attempts to disbar lawyers appointed by families in “12 Hongkongers’ case”, urged Beijing to respect human rights. In addition, he said China should cease its military, diplomatic and economic pressure against Taiwan
Ned Price said on Twitter, that the United States is “deeply concerned by China's attempts to disbar and harass human rights lawyers Lu Siwei and Ren Quanniu for representing the Hong Kong 12. We urge Beijing to respect human rights and the rule of law and to reinstate their legal credentials at once.”
Source: The Stand News #Feb03
https://bit.ly/3bzgDxf
#China #Beijing #Taiwan #UnitedStates #NedPrice #BidenAdministration #HumanRights #RuleOfLaw #Save12 #Save12Youths
#Court #Regime #Judiciary
Pleading for the First #NationalSecurityLaw Conviction -- Hongkonger Raises Sign in Silence: "If there is no jury, does #CommonLaw still exist?"
The first National Security Law case against 24-year-old Tong Ying-Kit resulted in a conviction on "inciting secession" and "terrorism".
On Jul 29, 2021 is the day for mitigation, and the sentencing is scheduled on Jul 30.
Michael, in his 70s this year, raised a sign he handwrote: "If there is no jury, does Common Law still exist?" at Taikoo Plaza and stood in silence.
In response to the conviction of Tong, he bluntly replied, "It's already expected" and criticized that "under Common Law, large cases that go to the High court must have juries present- why isn't there one all of a sudden?"
"The three judges collude with each other, and it is no different from Mainland China." He lamented, "Now there is no law. Rule of law is dead."
Michael predicted that Tong, "even without life imprisonment, will face more than 20 years [of jail]."
He also described that currently, "NSL rules us all," so action does not change much and he fears arrest. However, he still came out and expressed his sentiments. "I'm a hardliner- if you don't shout they'd think you're dead."
Source: InMedia HK #Jul29
======
Read more:
Is National Security Law Turning Hong Kong Into a Launchpad for China's #LegalTerrorism?
https://t.me/guardiansofhongkong/22449b
China Supporters call to send #AppleDaily Founder #JimmyLai for trial in China
https://t.me/guardiansofhongkong/27372
#HongKongProtest #TongYingKit #NSL #PoliticalOppression #RuleOfLaw
Pleading for the First #NationalSecurityLaw Conviction -- Hongkonger Raises Sign in Silence: "If there is no jury, does #CommonLaw still exist?"
The first National Security Law case against 24-year-old Tong Ying-Kit resulted in a conviction on "inciting secession" and "terrorism".
On Jul 29, 2021 is the day for mitigation, and the sentencing is scheduled on Jul 30.
Michael, in his 70s this year, raised a sign he handwrote: "If there is no jury, does Common Law still exist?" at Taikoo Plaza and stood in silence.
In response to the conviction of Tong, he bluntly replied, "It's already expected" and criticized that "under Common Law, large cases that go to the High court must have juries present- why isn't there one all of a sudden?"
"The three judges collude with each other, and it is no different from Mainland China." He lamented, "Now there is no law. Rule of law is dead."
Michael predicted that Tong, "even without life imprisonment, will face more than 20 years [of jail]."
He also described that currently, "NSL rules us all," so action does not change much and he fears arrest. However, he still came out and expressed his sentiments. "I'm a hardliner- if you don't shout they'd think you're dead."
Source: InMedia HK #Jul29
======
Read more:
Is National Security Law Turning Hong Kong Into a Launchpad for China's #LegalTerrorism?
https://t.me/guardiansofhongkong/22449b
China Supporters call to send #AppleDaily Founder #JimmyLai for trial in China
https://t.me/guardiansofhongkong/27372
#HongKongProtest #TongYingKit #NSL #PoliticalOppression #RuleOfLaw
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📡Guardians of Hong Kong
#EditorialColumn #Jun15
National Security Law Turns Hong Kong Into a Launchpad for China's Legal Terrorism
China's decision to insert the National Security Law" as a so-called "nationwide" law into Hong Kong's legal system has far reaching ramifications…
National Security Law Turns Hong Kong Into a Launchpad for China's Legal Terrorism
China's decision to insert the National Security Law" as a so-called "nationwide" law into Hong Kong's legal system has far reaching ramifications…
#Court
First #NationalSecurityLaw Case in Hong Kong: Prosecution Cites Chinese Law Books to Assist Judge's Sentencing
The sentencing of Hong Kong's first National Security Law case is scheduled on July 30, 2021.
On July 29, the prosecution revealed that they had prepared Chinese law books for judges in Hong Kong court to review, believing that those sources were related to the case, and could provide strong support to the judges.
According to sources, the law books cited were written in simplified Chinese, named "Comprehension and Application of Criminal Law Provisions and Judicial Practice" (刑法条文理解适用与司法实务全书). However, the judges pointed out that those sources were for reference only. The interpretation of NSL would be based on Hong Kong's law principle. In regards to simulataenous sentencing, there is a large dispute among judges.
Tong Ying Kit pleads: I'm not a bad person, just did something very, very stupid
As "Inciting secession" and "Terrorism" are both serious crime, Tong, only 24 years old, is facing the highest sentence of life imprisonment.
On July 29, the Defence, in their plea, cited Tong's upbringing, the death of his parents, and his grandmother's cancer. If he faced a serious sentence, he would not see his grandmother for the last time.
The Defence expressed that Tong "is not a bad person, but did a very, very stupid thing and feels true remorse", and that "he knows he deserves punishment, but hopes the court can be light in sentencing."
The prosecution side, however, emphasized that according to the NSL, only when a suspect surrenders or exposes others can sentences be reduced.
Source: In Media HK #Jul29
https://bit.ly/3i6Myd0
https://bit.ly/3j1RrTQ
======
Read more:
Is National Security Law Turning Hong Kong Into a Launchpad for China's #LegalTerrorism?
https://t.me/guardiansofhongkong/22449
#HongKongProtest #TongYingKit #NationalSecurityLaw #PoliticalOppression #RuleOfLaw #OneCountryOneSystem
First #NationalSecurityLaw Case in Hong Kong: Prosecution Cites Chinese Law Books to Assist Judge's Sentencing
The sentencing of Hong Kong's first National Security Law case is scheduled on July 30, 2021.
On July 29, the prosecution revealed that they had prepared Chinese law books for judges in Hong Kong court to review, believing that those sources were related to the case, and could provide strong support to the judges.
According to sources, the law books cited were written in simplified Chinese, named "Comprehension and Application of Criminal Law Provisions and Judicial Practice" (刑法条文理解适用与司法实务全书). However, the judges pointed out that those sources were for reference only. The interpretation of NSL would be based on Hong Kong's law principle. In regards to simulataenous sentencing, there is a large dispute among judges.
Tong Ying Kit pleads: I'm not a bad person, just did something very, very stupid
As "Inciting secession" and "Terrorism" are both serious crime, Tong, only 24 years old, is facing the highest sentence of life imprisonment.
On July 29, the Defence, in their plea, cited Tong's upbringing, the death of his parents, and his grandmother's cancer. If he faced a serious sentence, he would not see his grandmother for the last time.
The Defence expressed that Tong "is not a bad person, but did a very, very stupid thing and feels true remorse", and that "he knows he deserves punishment, but hopes the court can be light in sentencing."
The prosecution side, however, emphasized that according to the NSL, only when a suspect surrenders or exposes others can sentences be reduced.
Source: In Media HK #Jul29
https://bit.ly/3i6Myd0
https://bit.ly/3j1RrTQ
======
Read more:
Is National Security Law Turning Hong Kong Into a Launchpad for China's #LegalTerrorism?
https://t.me/guardiansofhongkong/22449
#HongKongProtest #TongYingKit #NationalSecurityLaw #PoliticalOppression #RuleOfLaw #OneCountryOneSystem
獨立媒體
【國安法首案】唐英傑求情：不是壞人 只是做了非常非常愚蠢的事 | 獨媒報導 | 獨立媒體
【獨媒報導】「
Exclusive-Hong Kong's former chief judge says upholding rule of law not political
Hong Kong’s former chief judge urged solicitors to continue speaking up for the rule of law, saying it was their public duty and not political, as lawyers chose a council to govern their profession overshadowed by a national security law imposed by China.
Former chief justice Geoffrey Ma made his remarks to several hundred members of the Law Society on Tuesday and later provided Reuters with a transcript of the speech in response to questions.
Hong Kong judges symbolise one of the core promises of the city’s return from British to Chinese rule in 1997 along with continued freedoms: the right to a fair trial and equality under the law, all administered by an independent judiciary.
Source: Reuters #Aug25
#HongKong #Judge #NationalSecurityLaw #China #RuleOfLaw #Political
https://reut.rs/3zjCfIF
Hong Kong’s former chief judge urged solicitors to continue speaking up for the rule of law, saying it was their public duty and not political, as lawyers chose a council to govern their profession overshadowed by a national security law imposed by China.
Former chief justice Geoffrey Ma made his remarks to several hundred members of the Law Society on Tuesday and later provided Reuters with a transcript of the speech in response to questions.
Hong Kong judges symbolise one of the core promises of the city’s return from British to Chinese rule in 1997 along with continued freedoms: the right to a fair trial and equality under the law, all administered by an independent judiciary.
Source: Reuters #Aug25
#HongKong #Judge #NationalSecurityLaw #China #RuleOfLaw #Political
https://reut.rs/3zjCfIF
#Court
#UK Top judge believes HK judiciary remains independent, continues to serve on HK Court of Final Appeal
The president of the UK's Supreme Court said on August 27, 2021 that he and his deputy will continue to sit in Hong Kong's top court after finding the SAR's judiciary remains "largely independent”.
#RobertReed and deputy president #PatrickHodge both serve as non-permanent judges at Hong Kong's Court of Final Appeal, along with 10 other foreign judges.
In a statement, Lord Reed said he had been in discussion with the UK's foreign secretary and the Lord Chancellor regarding the situation in Hong Kong after the implementation of the national security law by Beijing.
"At this time, our shared assessment is that the judiciary in Hong Kong continues to act largely independently of government and their decisions continue to be consistent with the rule of law," he said.
Lord Reed has warned that he wouldn't serve or nominate any of his judges to sit on Hong Kong's top court if the national security law undermines judicial independence or the rule of law.
Since the implementation of Hong Kong's #NationalSecurityLaw in June 2020, two judges had already left their posts as non-permanent judges at the Court of Final Appeal.
Source: RTHK, Stand News #Aug27
https://thestandnews.page.link/Eb78QLQFbW2n2wSy6
#JudiciaryIndependence #RuleOfLaw
#UK Top judge believes HK judiciary remains independent, continues to serve on HK Court of Final Appeal
The president of the UK's Supreme Court said on August 27, 2021 that he and his deputy will continue to sit in Hong Kong's top court after finding the SAR's judiciary remains "largely independent”.
#RobertReed and deputy president #PatrickHodge both serve as non-permanent judges at Hong Kong's Court of Final Appeal, along with 10 other foreign judges.
In a statement, Lord Reed said he had been in discussion with the UK's foreign secretary and the Lord Chancellor regarding the situation in Hong Kong after the implementation of the national security law by Beijing.
"At this time, our shared assessment is that the judiciary in Hong Kong continues to act largely independently of government and their decisions continue to be consistent with the rule of law," he said.
Lord Reed has warned that he wouldn't serve or nominate any of his judges to sit on Hong Kong's top court if the national security law undermines judicial independence or the rule of law.
Since the implementation of Hong Kong's #NationalSecurityLaw in June 2020, two judges had already left their posts as non-permanent judges at the Court of Final Appeal.
Source: RTHK, Stand News #Aug27
https://thestandnews.page.link/Eb78QLQFbW2n2wSy6
#JudiciaryIndependence #RuleOfLaw
Hong Kong lawyers create court database of protest-related cases in bid to safeguard #RuleofLaw
#CompendiumProject #Court #Justice #Truth
Source: HKFP; #Oct3
Read more
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#CompendiumProject #Court #Justice #Truth
Source: HKFP; #Oct3
Read more
⬇️⬇️⬇️⬇️
Hong Kong lawyers create court database of protest-related cases in bid to safeguard #RuleofLaw
A group of young Hong Kong lawyers have created a database of magistrates’ rulings in protest-related cases in a bid to safeguard the rule of law, amid unprecedented public interest in court hearings after thousands were prosecuted over the 2019 unrest.
The #CompendiumProject – launched in June – has compiled information on more than 500 protest-related cases that were handled by all seven magistrates’ courts. From the name of the magistrate to the reasons for the verdict and sentence, the platform seeks to provide written records of lower court hearings that are rarely made public by the authorities.
The Legal Reference System managed by Hong Kong’s judiciary seldom publishes written judgements by magistrates.
One of the project consultants, barrister Chris Ng, said such a practice had made it difficult for lawyers to check the legal principles and sentencing guidelines adopted by different magistrates, and whether their rulings in cases of a similar nature were consistent.
“Lawyers have always been kept in the dark,” he said.
As at the end of July, the city’s magistrates’ courts were processing 150 protest-related cases, while 1,101 had been completed.
“Following the social movement, the whole sentencing landscape has changed. To put it simply, the sentences became heavier,” another junior barrister involved in the project added.
The project’s low-profile adviser #MargaretNg, said in her new book about the rule of law that Hongkongers have developed an “unprecedented” interest in judicial procedures.
“Self-initiated” citizens who record court proceedings, and the compendium project, were both proof that the rule of law would not be “taken away” easily, she said.
#CompendiumProject #Court #Justice #Truth
Source: HKFP; #Oct3
https://hongkongfp.com/2021/10/03/hong-kong-lawyers-create-court-database-of-protest-related-cases-in-bid-to-safeguard-rule-of-law/
A group of young Hong Kong lawyers have created a database of magistrates’ rulings in protest-related cases in a bid to safeguard the rule of law, amid unprecedented public interest in court hearings after thousands were prosecuted over the 2019 unrest.
The #CompendiumProject – launched in June – has compiled information on more than 500 protest-related cases that were handled by all seven magistrates’ courts. From the name of the magistrate to the reasons for the verdict and sentence, the platform seeks to provide written records of lower court hearings that are rarely made public by the authorities.
The Legal Reference System managed by Hong Kong’s judiciary seldom publishes written judgements by magistrates.
One of the project consultants, barrister Chris Ng, said such a practice had made it difficult for lawyers to check the legal principles and sentencing guidelines adopted by different magistrates, and whether their rulings in cases of a similar nature were consistent.
“Lawyers have always been kept in the dark,” he said.
As at the end of July, the city’s magistrates’ courts were processing 150 protest-related cases, while 1,101 had been completed.
“Following the social movement, the whole sentencing landscape has changed. To put it simply, the sentences became heavier,” another junior barrister involved in the project added.
The project’s low-profile adviser #MargaretNg, said in her new book about the rule of law that Hongkongers have developed an “unprecedented” interest in judicial procedures.
“Self-initiated” citizens who record court proceedings, and the compendium project, were both proof that the rule of law would not be “taken away” easily, she said.
#CompendiumProject #Court #Justice #Truth
Source: HKFP; #Oct3
https://hongkongfp.com/2021/10/03/hong-kong-lawyers-create-court-database-of-protest-related-cases-in-bid-to-safeguard-rule-of-law/
Hong Kong Free Press HKFP
Hong Kong lawyers create court database of protest-related cases in bid to safeguard rule of law
A group of young Hong Kong lawyers have created a database of magistrates’ rulings in protest-related cases in a bid to safeguard the rule of law, amid unprecedented public interest in court …
“All about the Rule of Law, No Politics” The Seven-Step Checkmate on Protests - Myths of the Rule of Law and Controversy on Judicial Protests in Hong Kong
Translated by the Guardians of Hong Kong - Sept 5, 2021September 07, 2021
"I was really surprised to hear someone say today that the government should be careful not to weaponize the National Security Law (NSL). The NSL is a legal provision that protects national security and the security of Hong Kong. To a certain extent, it can be said to be a weapon of the rule of law itself, punishing those who commit crimes.” - Carrie Lam, Chief Executive of Hong Kong on 8 August 2020
Read our fully translated article here:
https://telegra.ph/All-about-the-Rule-of-Law-No-Politics-The-Seven-Step-Checkmate-on-Protests---Myths-of-the-Rule-of-Law-and-Controversy-on-Judicia-09-07
Source: The Stand News #Jul01
#NSL #ChowHangTung #RuleOfLaw #CCP #Judiciary #Law #LegalProcess #PocketCrime #PRCLaw
https://bit.ly/3tmTpTO
Translated by the Guardians of Hong Kong - Sept 5, 2021September 07, 2021
"I was really surprised to hear someone say today that the government should be careful not to weaponize the National Security Law (NSL). The NSL is a legal provision that protects national security and the security of Hong Kong. To a certain extent, it can be said to be a weapon of the rule of law itself, punishing those who commit crimes.” - Carrie Lam, Chief Executive of Hong Kong on 8 August 2020
Read our fully translated article here:
https://telegra.ph/All-about-the-Rule-of-Law-No-Politics-The-Seven-Step-Checkmate-on-Protests---Myths-of-the-Rule-of-Law-and-Controversy-on-Judicia-09-07
Source: The Stand News #Jul01
#NSL #ChowHangTung #RuleOfLaw #CCP #Judiciary #Law #LegalProcess #PocketCrime #PRCLaw
https://bit.ly/3tmTpTO
#RuleByLaw
Hong Kong pro-democracy defendants face much heavier sentences than before 2019 protests
#RuleofLaw #PoliceState #FailedState
Source: Stand News, #Nov14
Read more
⬇️⬇️⬇️⬇️
Hong Kong pro-democracy defendants face much heavier sentences than before 2019 protests
#RuleofLaw #PoliceState #FailedState
Source: Stand News, #Nov14
Read more
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