#RuleofLaw #Court #Seditions #WhiteTerror #StateViolence
Charge of Seditious Intention Has political meaning;
Law Professor: Might trigger a time bomb for the government

Member of Democratic Party and Chairwoman of Central and Western District Council Cheng Lai-king was arrested on Mar 26 by the police under the charge of “Seditious Intention”.

In an interview with Hong Kong's Commercial Radio on March 27, Johannes Man-mun Chan, Chair Professor of Law at the University of Hong Kong, saix that the charge of "sedentious act" is a political persecution, as the interpretation of the ordinance is vague to such an extent that citizens are actually prone to offend the ordinance, whenever they criticize a social issue. If the ordinance is brought to court, it is likely to be adjudicated as a breach of human rights, and would stir up more unrest.

Source: Stand News #Mar27

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https://t.me/guardiansofhongkong/19054

#Court #Seditions #WhiteTerror #StateViolence
Charging Civilians for 'Seditious Intention' Carries Political Meaning;
Law Professor: A violation against human right

Previous story: https://t.me/guardiansofhongkong/19053

Member of Democratic Party and Chairwoman of Central and Western District Council Cheng Lai-king was arrested on Mar 26 by the police under the charge of “Seditious Intention”.

Johannes Man-mun Chan Chair Professor of Law at the University of Hong Kong, pointed out that the "Seditious Intention” mentioned in the 9th and 10th Sections of the “Crimes Ordinance” is controversial, as it is deemed a political persecution.

Chan believes that many clauses in the ordinance such as “to raise discontent or disaffection amongst Her Majesty’s ["the PRC government’s” since the handover] subjects or inhabitants of Hong Kong” and “to promote feelings of ill-will and enmity between different classes of the population of Hong Kong” are open for interpretation. Literally, they do not point to violent behavior or inciting violence. “What does the word 'discontent' mean anyway? Are we offending the ordinance whenever we feel discontent in our everyday life?”

Chan also pointed out the difference between “Sedition Intention” offence and other crimes, as the former is based on "objective intent". While subjective intent refers to the actual state of a person's mind, objective intent argues for a person's intentions regardless of what the person thinks. Therefore, the charge of seditious intent carries a strong political meaning.

Chan further explained that even an emotive speech in a rally could be charged for "seditious intent" when the person has not taken any action. This is a violation of the freedoms granted in Hong Kong's Basic Law.

Normally, a government would avoid making charges based on such a controversial ordinance, but "our government often makes unexpected moves,” said Chan. In the past the legal sector had criticized the Sedition act heavily. Chan believed that the ordinance involved human rights issue and the government should not bring the ordinance into the court to trigger a time bomb.

“The court would probably rule that the charge is a violation of human right, and the prosecution would definitely reach the Court of Final Appeal. No matter how it was handled, it would stir up political disturbances.”

Source: Stand News #Mar27

#StateViolence #PoliceState
Hong Kong Government Suspected of Targeting Pro-Democracy 'Yellow' Business in light of Anti-Epidemic Order

As the second wave of Wuhan pneumonia outbreak hits Hong Kong, the government has recently rolled out more anti-epidemic measures. Apart from restricting public gathering to less than four people, the authorities require a 1.5 m distance between tables in restaurants.

The Food and Environment Hygiene Department (FEHD) reportedly targets pro-democracy 'yellow' shops by carrying out repeated inspections in relatively short period of time. On April 3, the FEHD inspected Cafe de Jar Gor, a protest-friendly restaurant in Kowloon Bay, followed by another police visit on April 5. The police claimed that they had received a complaint about the shop.

Source: Stand News #Apr5

#PoliceState #StateViolence
Hong Kong Police Call Victim of Alleged Gang Rape a "Wanted" Fugitive

18-year-old Ms X who alleged the police officers of gang raping her expressed her disappointment and frustration:

"I prayed and hoped that the complaint would be investigated impartially, in strict confidence and respect for my privacy and dignity, but none of that happened".

Source: RTHK; HKFP; Vlder & Co.'s Facebook #May13
#HongKongPolice #GangRape #Rapists #MsX #JusticeDepartment #Injustice

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https://t.me/guardiansofhongkong/20722

#Timeline #PoliceState #StateViolence
Hong Kong Police Call Victim of Alleged Gang Rape a "Wanted" Fugitive

Here is a rundown of the events that took place throughout this entire process, from the day Ms X lodged her criminal complaint:

-Oct 22, 2019: Ms X Made a Police Report
Represented by Vlder & Co. Solicitors, 18-year-old Ms X filed a police report alleging that she was gang raped and sexually assaulted in Tsuen Wan Police Station on September 27, 2019.

Ms X allowed the taking of a DNA sample from her aborted foetus in order for at least one of the assailants to be identified. The case was handled by the New Territories South Regional Crime Unit.

- November 4, 2019: Police Attempt to Seize Ms X's Private Medical Record
Police obtained warrant to seize Ms X's medical report and surveilance camera footage from the clinic of her private doctor, without Ms X’s knowledge or consent.

Ms X challenged the warrant immediately for its violation of her privacy.

-November 5, 2019: Court Suspends Police Search Warrant
The court granted an anonymity order for Ms X and suspended the search warrant of the police.

- Nov 9, 2019 : Police Reportedly Leak Investigation Information
The police in the process of investigation claimed that there was no sign of rape.

Meanwhile, Ms X's case had been leaked onto the internet, with ‘police sources’ releasing selective details of the investigation and adverse comments on the evidence.

- November 11, 2019: Lawyers Condemn the Police for Lacking Impartiality
Ms X's lawyers accused the police of lacking impartiality and deliberately leaking "supposed details" of the case to diminish the prospects of a successful prosecution.

- January 16, 2020: Police Commissioner Publicly Calls the Gang Rape Case "Fake"
Police Commissioner Chris Tang alleged Ms X's complaint as "fake" and accused Ms X of "misleading police officers or giving a false statement”.

Tang voluntarily spoke about the case in a district council meeting and gave away supposedly confidential information.

- Jan 18, 2020: Lawyers Condemn the Police for Undermining the Criminal Report
Ms X's lawyers issued a statement condemning Tang for publicly discrediting the victim and undermining her criminal complaint.

The police never answered Ms X and her lawyers' inquiry of the status of investigation. For instance, the police refused to answer whether they had received the DNA report from the government laboratory or not.

- April 6, 2020: Case Terminated with Any Explanation to Ms X
The Department of Justice inform lawyers that Ms X’s case will not be taken any further, claiming that her complaint was contrary to the evidences that they obtained. No details were provided about this claim to the lawyers.

- May 12, 2020: Police Commissioner Has Plans to Arrest Ms X
Police Commissioner Chris Tang said that the Department of Justice had instructed the arrest of Ms X for "making a false statement."

Like the previous time, Tang spoke voluntarily about the case after a district council meeting. Tang told the press that Ms X has "fled" Hong Kong.

- May 13, 2020: Justice Denied?
Ms X released a statement via her lawyers condemning the police for their lack of professionalism and doubting the outcome of the so-called investigation.

Whereas the Department of Justice claimed Ms X's testimony did not match with the police report , Ms X was never summoned to explain her case.

While Ms X had been compling and abiding to every process and regulation, she expressed her disappointment and frustration: "I prayed and hoped that the complaint would be investigated impartially, in strict confidence and respect for my privacy and dignity, but none of that happened".

Source: RTHK; HKFP; Vidler & Co.'s Facebook #May13
#HongKongPolice #GangRape #Rapists #MsX #JusticeDepartment #Injustice

Violence can exist when there is no glass pane broken, and when everyone is in full suit

#StateViolence #LegCo #NationalSecurityLaw