#Court #Regime
"No Such Thing as Separation of Powers in the World," National Security Judge Lectures Educators, Despite Claiming It's HK's System 10 Years Ago
As the Hong Kong Government begins to enforce #NationalSecurityEducation in schools, the #EducationBureau held an online seminar on the rule of law, led by Judge Patrick Chan Siu-oi, in which high school teachers received the government's latest views on the rule of law.
Patrick Chan is a non-permanent judge of the Court of Final Appeal, and is part of the panel of judges handling the bail application of Next Digital's #JimmyLai, who is currently under custody on national security charges.
Chan began the seminar by telling the attending teachers that what he was about to say may be different from their past knowledge, and "if it's not the same, then please hear me out."
According to Chan, the term "separation of powers" was inaccurate, nor was the mention of "three" powers in the usual Chinese translation of the term. He claimed that many political systems do not have three branches, and calling it a separation of three powers "sounded like they're bracing themselves for a brawl". Instead, he called it a "distribution of duties", saying it was more accurate and "sounded more gentle". If checks and balances were too stringent, he added, it would make for an inefficient government.
Chan further claimed that no country in the world operates a true separation of powers. He cited the US government as an example, saying that the Senate, House of Representatives, and court judges consist of members from the two major political parties, thus the three branches overlap each other. In the British government, he said, the prime minister is the leader of the largest party in Parliament, therefore the legislative branch is also the executive branch.
Interestingly, in a 2011 seminar - merely 10 years ago - Judge Chan claimed that Hong Kong implements a separation of powers. At the time, he stated that the separation of powers prevents any one branch from becoming too powerful, leading to abuses of its power. He also noted that the Basic Law's clauses 59-65, 66-79, and 80-96 prescribe separate duties to the three branches of government. The key was whether the branches could keep each others' powers in check, he noted at the time.
source: Apple Daily #Feb4
https://hk.appledaily.com/local/20210204/EEP2GE3ZN5BBFPLL3N2BBZIGTQ/
#SeparationofPowers #Education #BrainWash
"No Such Thing as Separation of Powers in the World," National Security Judge Lectures Educators, Despite Claiming It's HK's System 10 Years Ago
As the Hong Kong Government begins to enforce #NationalSecurityEducation in schools, the #EducationBureau held an online seminar on the rule of law, led by Judge Patrick Chan Siu-oi, in which high school teachers received the government's latest views on the rule of law.
Patrick Chan is a non-permanent judge of the Court of Final Appeal, and is part of the panel of judges handling the bail application of Next Digital's #JimmyLai, who is currently under custody on national security charges.
Chan began the seminar by telling the attending teachers that what he was about to say may be different from their past knowledge, and "if it's not the same, then please hear me out."
According to Chan, the term "separation of powers" was inaccurate, nor was the mention of "three" powers in the usual Chinese translation of the term. He claimed that many political systems do not have three branches, and calling it a separation of three powers "sounded like they're bracing themselves for a brawl". Instead, he called it a "distribution of duties", saying it was more accurate and "sounded more gentle". If checks and balances were too stringent, he added, it would make for an inefficient government.
Chan further claimed that no country in the world operates a true separation of powers. He cited the US government as an example, saying that the Senate, House of Representatives, and court judges consist of members from the two major political parties, thus the three branches overlap each other. In the British government, he said, the prime minister is the leader of the largest party in Parliament, therefore the legislative branch is also the executive branch.
Interestingly, in a 2011 seminar - merely 10 years ago - Judge Chan claimed that Hong Kong implements a separation of powers. At the time, he stated that the separation of powers prevents any one branch from becoming too powerful, leading to abuses of its power. He also noted that the Basic Law's clauses 59-65, 66-79, and 80-96 prescribe separate duties to the three branches of government. The key was whether the branches could keep each others' powers in check, he noted at the time.
source: Apple Daily #Feb4
https://hk.appledaily.com/local/20210204/EEP2GE3ZN5BBFPLL3N2BBZIGTQ/
#SeparationofPowers #Education #BrainWash
#FailedState #WuhanPheumonia
Hong Kong’s COVID Rules Are Screwing Over The Poor At Every Turn
Source: Vice #Feb2
Read more
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Hong Kong’s COVID Rules Are Screwing Over The Poor At Every Turn
Source: Vice #Feb2
Read more
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#FailedState #WuhanPheumonia
Hong Kong’s COVID Rules Are Screwing Over The Poor At Every Turn
//The effects of the pandemic had driven almost a hundred people into homelessness, a survey by the local advocacy group Society for Community Organization (#SOCO) found in May.
[These cases are] ... among at least a thousand homeless people in Hong Kong who have been pushed deeper into the abyss by government efforts to fight the COVID-19 pandemic, in a stark illustration of how the crisis is disproportionately hurting the poor and worsening inequality in one of the world’s richest cities.
In response to questions from VICE World News about what the government has done to aid rough sleepers during the pandemic, a spokesperson said it “stepped up their efforts to proactively reach out to street sleepers, providing them with up-to-date health related information and in-kind assistance such as face masks and hand sanitizers as well as referring them to hostels.”
Such a response highlighted how little Hong Kong officials understood the needs of people who don’t have a home. //
Source: Vice #Feb2
Read full article:
https://www.vice.com/en/article/m7aky8/hong-kong-covid-economic-inequality
#covid19 #MandatoryLockdown #Elderly #Inequality
Hong Kong’s COVID Rules Are Screwing Over The Poor At Every Turn
//The effects of the pandemic had driven almost a hundred people into homelessness, a survey by the local advocacy group Society for Community Organization (#SOCO) found in May.
[These cases are] ... among at least a thousand homeless people in Hong Kong who have been pushed deeper into the abyss by government efforts to fight the COVID-19 pandemic, in a stark illustration of how the crisis is disproportionately hurting the poor and worsening inequality in one of the world’s richest cities.
In response to questions from VICE World News about what the government has done to aid rough sleepers during the pandemic, a spokesperson said it “stepped up their efforts to proactively reach out to street sleepers, providing them with up-to-date health related information and in-kind assistance such as face masks and hand sanitizers as well as referring them to hostels.”
Such a response highlighted how little Hong Kong officials understood the needs of people who don’t have a home. //
Source: Vice #Feb2
Read full article:
https://www.vice.com/en/article/m7aky8/hong-kong-covid-economic-inequality
#covid19 #MandatoryLockdown #Elderly #Inequality
Vice
Hong Kong’s COVID Rules Screw Over The Poor At Every Turn
Talk about unintended consequences. And oversights.
Only 45.9% of the interviewees in Hong Kong are willing to be vaccinated, with less than 30% willing to receive Sinovac Biotech vaccine
#COVID19 #vaccine #SinovacBiotech #GoHKgraphics
#COVID19 #vaccine #SinovacBiotech #GoHKgraphics
An Espionage War: Afghanistan detains 10 Chinese spies suspected of plotting assassination against Uighur leader, urges China to apologise
Source: Apple Daily #Dec27
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Source: Apple Daily #Dec27
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An Espionage War: Afghanistan detains 10 Chinese spies suspected of plotting assassination against Uighur leader, urges China to apologise
The Afghan intelligence department announced the recent bust of a Chinese spy team with 10 Chinese nationals arrested. At least two of them have ties with the Taliban branch "Haqqani", with weapons, ammunition, explosives and Ketamine seized from the mastermind's apartment. The Afghan government said the Chinese spies are suspected of committing espionage crimes, allegedly collecting Uighur intelligence in Afghanistan and cooperating with Pakistani spy agencies to engage in terrorist activities, and demanded an apology from the Chinese authorities.
Disguised as an East Turkistan branch to lure Uighurs into traps
The arrested Chinese spy team leader, Li YangYang, who had been working for Chinese intelligence since around July-August, primarily sought information on Al Qaeda and investigated possible Uighur activity in Afghanistan's eastern provinces. He was arrested in his apartment near Kabul on Dec. 10. Another person arrested was reportedly a woman named Sha Hung, the owner of a restaurant in Kabul, in whose residence investigators found explosives.
Sources said that Sha Hung and Li Yangyang were both associated with Haqqani. They joined other Chinese spies to disguise themselves as an offshoot of the East Turkestan Islamic Movement to recruit Uighurs opposed to the Chinese government, as an attempt to "eliminate" Uighur leaders hiding in Afghanistan with the help of terrorists. Some of the Uighurs who fled China would go to Afghanistan, and the Chinese government would also immediately detain any Uighurs entering China from Afghanistan. Sources said that Beijing had previously held secret meetings with the Taliban about the Uighurs.
Source: Apple Daily #Dec27
#Uighurs #China #Afghanistan #Espionage #Taliban #EastTurkestanIslamicMovement
https://hk.appledaily.com/international/20201227/KIED4CBZTRAX5GQYCHMQEPFBB4/
The Afghan intelligence department announced the recent bust of a Chinese spy team with 10 Chinese nationals arrested. At least two of them have ties with the Taliban branch "Haqqani", with weapons, ammunition, explosives and Ketamine seized from the mastermind's apartment. The Afghan government said the Chinese spies are suspected of committing espionage crimes, allegedly collecting Uighur intelligence in Afghanistan and cooperating with Pakistani spy agencies to engage in terrorist activities, and demanded an apology from the Chinese authorities.
Disguised as an East Turkistan branch to lure Uighurs into traps
The arrested Chinese spy team leader, Li YangYang, who had been working for Chinese intelligence since around July-August, primarily sought information on Al Qaeda and investigated possible Uighur activity in Afghanistan's eastern provinces. He was arrested in his apartment near Kabul on Dec. 10. Another person arrested was reportedly a woman named Sha Hung, the owner of a restaurant in Kabul, in whose residence investigators found explosives.
Sources said that Sha Hung and Li Yangyang were both associated with Haqqani. They joined other Chinese spies to disguise themselves as an offshoot of the East Turkestan Islamic Movement to recruit Uighurs opposed to the Chinese government, as an attempt to "eliminate" Uighur leaders hiding in Afghanistan with the help of terrorists. Some of the Uighurs who fled China would go to Afghanistan, and the Chinese government would also immediately detain any Uighurs entering China from Afghanistan. Sources said that Beijing had previously held secret meetings with the Taliban about the Uighurs.
Source: Apple Daily #Dec27
#Uighurs #China #Afghanistan #Espionage #Taliban #EastTurkestanIslamicMovement
https://hk.appledaily.com/international/20201227/KIED4CBZTRAX5GQYCHMQEPFBB4/
Ice cream shop owner stands up for Hong Kong protesters
A local ice cream shop owner is offering up her business as a space for people to support Hong Kong protesters demanding democratic reforms in their country. A "Lennon wall" was mounted at her store, where people can leave notes of encouragement for the protesters in her hometown.
Lennon walls which first appeared in Prague in 1980 as a tribute to John Lennon, have sprung up in Hong Kong and around the world in 2020, giving people spaces to share notes of encouragement and other messages with protesters
"There are many people out there that want to support Hong Kong as well. [This] was a chance for them to come together and do something tangible," the owner said.
Source: CBC #Aug06
https://www.cbc.ca/news/canada/ottawa/ottawa-ice-cream-shop-owners-stands-up-for-hong-kong-1.5236149
#YellowShopCircle #Canada #HongKonger #LennonWall #IceCream
A local ice cream shop owner is offering up her business as a space for people to support Hong Kong protesters demanding democratic reforms in their country. A "Lennon wall" was mounted at her store, where people can leave notes of encouragement for the protesters in her hometown.
Lennon walls which first appeared in Prague in 1980 as a tribute to John Lennon, have sprung up in Hong Kong and around the world in 2020, giving people spaces to share notes of encouragement and other messages with protesters
"There are many people out there that want to support Hong Kong as well. [This] was a chance for them to come together and do something tangible," the owner said.
Source: CBC #Aug06
https://www.cbc.ca/news/canada/ottawa/ottawa-ice-cream-shop-owners-stands-up-for-hong-kong-1.5236149
#YellowShopCircle #Canada #HongKonger #LennonWall #IceCream
Hong Kong residents now eligible for special UK visa
The visa, which is open to holders of a British National (Overseas) passport and their immediate dependents, will offer a fast track to UK citizenship. This scheme allows Hong Kong residents to come to the UK, with some 300,000 people expected to apply.
But the Chinese foreign ministry said it would no longer recognise the BNO passport as a travel document.
Prime Minister Boris Johnson said: "I am immensely proud that we have brought in this new route for Hong Kong BNOs to live, work and make their home in our country. In doing so we have honoured our profound ties of history and friendship with the people of Hong Kong, and we have stood up for freedom and autonomy - values both the UK and Hong Kong hold dear."
Source: BBC #Jan30
https://www.bbc.com/news/uk-55847572
#BNOVisa #British #BNO #Hongkong
The visa, which is open to holders of a British National (Overseas) passport and their immediate dependents, will offer a fast track to UK citizenship. This scheme allows Hong Kong residents to come to the UK, with some 300,000 people expected to apply.
But the Chinese foreign ministry said it would no longer recognise the BNO passport as a travel document.
Prime Minister Boris Johnson said: "I am immensely proud that we have brought in this new route for Hong Kong BNOs to live, work and make their home in our country. In doing so we have honoured our profound ties of history and friendship with the people of Hong Kong, and we have stood up for freedom and autonomy - values both the UK and Hong Kong hold dear."
Source: BBC #Jan30
https://www.bbc.com/news/uk-55847572
#BNOVisa #British #BNO #Hongkong
#Arrest #NationalSecurityLaw
Radio Host in Hong Kong Arrested by National Security Police for the Second time, Accused of “Acting with a Seditious Intention”
Source: Stand News #Feb7
Read more
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Radio Host in Hong Kong Arrested by National Security Police for the Second time, Accused of “Acting with a Seditious Intention”
Source: Stand News #Feb7
Read more
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#Arrest #NationalSecurityLaw
Radio Host in Hong Kong Arrested by National Security Police for the Second time, Accused of “Acting with a Seditious Intention”
In November 2020, 'Giggs' Wan Yiu-sing, a #D100Radio host, was accused by the Hong Kong police of "money laundering and providing funds in secession of the country" through organising a crowdfunding project to cover educational costs for protestors who left Hong Kong to Taiwan.
#Giggs was granted bail after the arrest. However, on Feb 7, 2021, he was arrested by the National Security Police again for the violation of section 10 of the Crimes Ordinance “act with a seditious intention”. His case has been scheduled to be trialed on Monday, Feb 8, 2021, at the West Kowloon Magistrates’ Courts.
During his arrest in November 2020, the Hong Kong police indicated that Giggs, his wife and assistant were all arrested by the National Security Department for "money laundering and providing financial help to others in secessions of the country".
Giggs organised a crowdfunding project on social media to provide financial aid to prp-democracy activists who had left Hong Kong, and provided his bank account information to collect funds. Upon further investigation, said the police, the arrest was made because they discovered the funds were "unlawfully appropriated and mishandled by the arrestees", and that the funds were going to help individuals and organisations that were involved in secession of the country.
Giggs first introduced his crowdfunding project in his radio show on Feb 22, 2020. He said, a lot of young activists were being charged because of their involvement in the Anti-ELAB movement, and some of them decided to move to Taiwan. He said, “We can’t just give them up. Hong Kongers are responsible for helping our own comrades” He also hoped not to put that responsibility on Taiwan’s shoulders. Giggs emphasised that the project was not intended to encourage, direct others to abscond or to tell activists to escape from legal responsibilities by leaving Hong Kong; but if there were any activists who had already arrived in Taiwan, he hoped to support them through the project.
Source: Stand News #Feb7
Radio Host in Hong Kong Arrested by National Security Police for the Second time, Accused of “Acting with a Seditious Intention”
In November 2020, 'Giggs' Wan Yiu-sing, a #D100Radio host, was accused by the Hong Kong police of "money laundering and providing funds in secession of the country" through organising a crowdfunding project to cover educational costs for protestors who left Hong Kong to Taiwan.
#Giggs was granted bail after the arrest. However, on Feb 7, 2021, he was arrested by the National Security Police again for the violation of section 10 of the Crimes Ordinance “act with a seditious intention”. His case has been scheduled to be trialed on Monday, Feb 8, 2021, at the West Kowloon Magistrates’ Courts.
During his arrest in November 2020, the Hong Kong police indicated that Giggs, his wife and assistant were all arrested by the National Security Department for "money laundering and providing financial help to others in secessions of the country".
Giggs organised a crowdfunding project on social media to provide financial aid to prp-democracy activists who had left Hong Kong, and provided his bank account information to collect funds. Upon further investigation, said the police, the arrest was made because they discovered the funds were "unlawfully appropriated and mishandled by the arrestees", and that the funds were going to help individuals and organisations that were involved in secession of the country.
Giggs first introduced his crowdfunding project in his radio show on Feb 22, 2020. He said, a lot of young activists were being charged because of their involvement in the Anti-ELAB movement, and some of them decided to move to Taiwan. He said, “We can’t just give them up. Hong Kongers are responsible for helping our own comrades” He also hoped not to put that responsibility on Taiwan’s shoulders. Giggs emphasised that the project was not intended to encourage, direct others to abscond or to tell activists to escape from legal responsibilities by leaving Hong Kong; but if there were any activists who had already arrived in Taiwan, he hoped to support them through the project.
Source: Stand News #Feb7
#NeverGiveUp #FightForFreedom
#Myanmar Protesters: "Prepare for Protest Like in Hong Kong"
Into the 4th consecutive day of the nation-wide protest in Myanmar on Feb 9, 2021, the population took it to the street in opposition to the
coup d'Ă©tat staged by the military junta on Feb 1, 2021.
The demonstrators not only showed the three-fingered salute as popularized in the protests in Thailand, but also mobilized the crowd like Hongkongers did. Civilians also held sign that read "Prepare for Protest Like in Hong Kong".
Source: Stand News
Photos: STR/AFP via Getty Images; SAI AUNG MAIN/AFP via Getty Images
https://www.facebook.com/710476795704610/posts/3883066828445575/?d=n
#MilkTeaAlliance #ThreeFingerSalute #HongKongProtests #GlobalImpacts
#Myanmar Protesters: "Prepare for Protest Like in Hong Kong"
Into the 4th consecutive day of the nation-wide protest in Myanmar on Feb 9, 2021, the population took it to the street in opposition to the
coup d'Ă©tat staged by the military junta on Feb 1, 2021.
The demonstrators not only showed the three-fingered salute as popularized in the protests in Thailand, but also mobilized the crowd like Hongkongers did. Civilians also held sign that read "Prepare for Protest Like in Hong Kong".
Source: Stand News
Photos: STR/AFP via Getty Images; SAI AUNG MAIN/AFP via Getty Images
https://www.facebook.com/710476795704610/posts/3883066828445575/?d=n
#MilkTeaAlliance #ThreeFingerSalute #HongKongProtests #GlobalImpacts
#FailedState #ChildAbuse
HK Government Asks a 10-year-old to Spend the Night Alone in a Motel During #SuddenLockdown
Source: Apple Daily #Feb2
Read more
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HK Government Asks a 10-year-old to Spend the Night Alone in a Motel During #SuddenLockdown
Source: Apple Daily #Feb2
Read more
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#FailedState #ChildAbuse
HK Government Asks a 10-year-old to Spend the Night Alone in a Motel During #SuddenLockdown
At 7pm on Feb 1, 2021, the Hong Kong Government imposed a sudden lockdown in fours districts, including Tsim Sha Tsui, a popular shopping area frequented by many locals.
A mother took her 10-year-old daughter for a haircut in Tsim Sha Tsui. She went for a quick grocery shopping, when her daughter was in the hair salon.
When the mother went back to pick up her daughter, the salon has been cordoned off by the authorities as a restricted area for mandatory #COVID19 testing.
Unable to reach her daughter, the mother waited in avail for hours outside the lockdown zone,
The authorities suggested renting a motel room for her 10-year-old daughter to stay alone overnight until the end of the government's operation at 7am the next day.
In frustration, the mother questioned, “will you yourself consider sleeping over in a motel in Tsim Sha Tsui?”
Showing her extreme disappointment, she described the options provided by the government as “useless.”
At around 22:30, the mother was told that her daughter would be released after being tested. The government staff stressed that it was a "discretionary" arrangement.
Source: Apple Daily #Feb2
https://bit.ly/3tqCL5g
#Child #TsimShaTsuiLockdown #Motel
HK Government Asks a 10-year-old to Spend the Night Alone in a Motel During #SuddenLockdown
At 7pm on Feb 1, 2021, the Hong Kong Government imposed a sudden lockdown in fours districts, including Tsim Sha Tsui, a popular shopping area frequented by many locals.
A mother took her 10-year-old daughter for a haircut in Tsim Sha Tsui. She went for a quick grocery shopping, when her daughter was in the hair salon.
When the mother went back to pick up her daughter, the salon has been cordoned off by the authorities as a restricted area for mandatory #COVID19 testing.
Unable to reach her daughter, the mother waited in avail for hours outside the lockdown zone,
The authorities suggested renting a motel room for her 10-year-old daughter to stay alone overnight until the end of the government's operation at 7am the next day.
In frustration, the mother questioned, “will you yourself consider sleeping over in a motel in Tsim Sha Tsui?”
Showing her extreme disappointment, she described the options provided by the government as “useless.”
At around 22:30, the mother was told that her daughter would be released after being tested. The government staff stressed that it was a "discretionary" arrangement.
Source: Apple Daily #Feb2
https://bit.ly/3tqCL5g
#Child #TsimShaTsuiLockdown #Motel
#Court #RuleByLaw #Regime #Justice
Department of Justice Cites Unenacted #Article23 in Hong Kong Court
Source: Apple Daily #Feb2
Read more
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Department of Justice Cites Unenacted #Article23 in Hong Kong Court
Source: Apple Daily #Feb2
Read more
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#Court #RuleByLaw #Regime #Justice
Department of Justice Cites Unenacted #Article23 in Hong Kong Court
Founder of Apple Daily and Next Magazine, #JimmyLai Chee-ying, has been remanded in custody in Hong Kong since the end of 2020 on suspicion of "colluding with foreign forces and fraud".
On February 1, 2020 the Court of Final Appeal in Hong Kong heard an appeal against the decision to release him on a HK$10 million cash bail, pending trial over national security charges.
The appeal was heard before five hand-picked National Security judges, including the new Chief Justice #AndrewCheung Kui-nung, permanent justices Roberto Ribeiro and Joseph Fok, and non-permanent local judges Patrick Chan Siu-oi and Frank Stock.
Representative of the Department of Justice (#DoJ), Deputy Director of Public Prosecutions Anthony Chau Tin-hang attempted to put meaning to “acts that endanger national security”. Chau stated that such acts are not limited to offences under the National Security Act, but also include local offences and any actions that would endanger national security.
Non-Permanent Judge Chan asked Chau to give examples of “acts endangering national security” which are not criminalised.
Chau quoted some behaviors covered in Basic Law #Article23, referring to the prohibition of political activities by foreign political organizations in Hong Kong, or the establishment of links between local and foreign political organizations. Article 23, however, has yet to be enacted.
Non-permanent local judge Patrick Chan Siu-oi questioned, “That is to say these are not a crime.” Chau agreed. Chan immediately responded, “Then why should we be bothered?”
Permanent judge Roberto Ribeiro pointed out that the purpose of the #NationalSecurityLaw is to prevent crimes against national security, and no one questions the importance of national security. He carried on saying that it would be “odd” for judges to be concerned with acts that are not yet criminalised.
Ribeiro elaborated that "I can't think of any behavior that endangers national security but won't be contravening the law and the arrest.” He asked the DoJ representative to supplement with examples.
In response, Anthony Chau cited actus reus as a possible offence letting alone the criminal intent and thus they do not constitute an act of complete crime. Ribeiro asked the government's prosecutor to explain how bail judges could reach a decision.
Chief judge Andrew Cheung Kui-nung also casted doubt in the prosecution's logic. He said, “a citizen can commit an act that violats the National Security Law, but the person may not get arrested. However, a national security suspect, committing the same act, would be detained in custody?”
Cheung remarked, “isn’t it odd?” The DOJ representative responded that this is up to the Judge to decide. He clarified that he is referring to "an act" in relation to the suspected charges of the National Security suspect, not "any act".
The prosecutor also mentioned that the National Security Law will not supersede the "presumption of innocence" and it is also in accordance with the Human Rights Act.
When speaking on the Rights of Freedom, the prosecutor insisted that the defence shall not rely on cases of the European Court on Human Rights, reiterating that The European Convention on Human Rights cannot be applied directly to Hong Kong.
Source: Apple Daily, #Feb2
https://hk.appledaily.com/local/20210201/6KXCOOIP6VAOZK4SRCNQV5C72E/
Department of Justice Cites Unenacted #Article23 in Hong Kong Court
Founder of Apple Daily and Next Magazine, #JimmyLai Chee-ying, has been remanded in custody in Hong Kong since the end of 2020 on suspicion of "colluding with foreign forces and fraud".
On February 1, 2020 the Court of Final Appeal in Hong Kong heard an appeal against the decision to release him on a HK$10 million cash bail, pending trial over national security charges.
The appeal was heard before five hand-picked National Security judges, including the new Chief Justice #AndrewCheung Kui-nung, permanent justices Roberto Ribeiro and Joseph Fok, and non-permanent local judges Patrick Chan Siu-oi and Frank Stock.
Representative of the Department of Justice (#DoJ), Deputy Director of Public Prosecutions Anthony Chau Tin-hang attempted to put meaning to “acts that endanger national security”. Chau stated that such acts are not limited to offences under the National Security Act, but also include local offences and any actions that would endanger national security.
Non-Permanent Judge Chan asked Chau to give examples of “acts endangering national security” which are not criminalised.
Chau quoted some behaviors covered in Basic Law #Article23, referring to the prohibition of political activities by foreign political organizations in Hong Kong, or the establishment of links between local and foreign political organizations. Article 23, however, has yet to be enacted.
Non-permanent local judge Patrick Chan Siu-oi questioned, “That is to say these are not a crime.” Chau agreed. Chan immediately responded, “Then why should we be bothered?”
Permanent judge Roberto Ribeiro pointed out that the purpose of the #NationalSecurityLaw is to prevent crimes against national security, and no one questions the importance of national security. He carried on saying that it would be “odd” for judges to be concerned with acts that are not yet criminalised.
Ribeiro elaborated that "I can't think of any behavior that endangers national security but won't be contravening the law and the arrest.” He asked the DoJ representative to supplement with examples.
In response, Anthony Chau cited actus reus as a possible offence letting alone the criminal intent and thus they do not constitute an act of complete crime. Ribeiro asked the government's prosecutor to explain how bail judges could reach a decision.
Chief judge Andrew Cheung Kui-nung also casted doubt in the prosecution's logic. He said, “a citizen can commit an act that violats the National Security Law, but the person may not get arrested. However, a national security suspect, committing the same act, would be detained in custody?”
Cheung remarked, “isn’t it odd?” The DOJ representative responded that this is up to the Judge to decide. He clarified that he is referring to "an act" in relation to the suspected charges of the National Security suspect, not "any act".
The prosecutor also mentioned that the National Security Law will not supersede the "presumption of innocence" and it is also in accordance with the Human Rights Act.
When speaking on the Rights of Freedom, the prosecutor insisted that the defence shall not rely on cases of the European Court on Human Rights, reiterating that The European Convention on Human Rights cannot be applied directly to Hong Kong.
Source: Apple Daily, #Feb2
https://hk.appledaily.com/local/20210201/6KXCOOIP6VAOZK4SRCNQV5C72E/
#Covid19 #MadeinChina
Beijing Loyalist Criticises the Hong Kong Government for Lacking Proactiveness in Acquiring China-made Vaccines
Source: Stand News #Jan31
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Beijing Loyalist Criticises the Hong Kong Government for Lacking Proactiveness in Acquiring China-made Vaccines
Source: Stand News #Jan31
Read more
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#Covid19 #MadeinChina
Beijing Loyalist Criticises the Hong Kong Government for Lacking Proactiveness in Acquiring China-made Vaccines
Lo Chung-mau, Chief Executive of University of Hong Kong-Shenzhen Hospital, was vaccinated by China-owned Sinopharm in Shenzhen. Lo stated in an interview that instead of waiting for the 3rd phase clinical data for Sinovac’s vaccines, the Hong Kong government should seek the data from Sinpopharm or the National Medical Products Administration of China. Lo claimed that the Hong Kong government was passive and only “sitting and waiting”, instead of “striking out”.
In her response in the afternoon, Secretary for Food and Health Sophia Chan stated that all government bureaus were performing different tasks. On the one hand, the Hong Kong government has been contacting other countries and medicine manufacturers, to negotiate the logistics, clinical data and the acquisition of vaccines, in order to speed up the importation of vaccines to Hong Kong. On the other hand, through internal communication, the Hong Kong government has to keep in touch with medical teams and hospitals and discuss the arrangements of vaccinations for the public. once they were available in Hong Kong.
Moreover, Chan said the Scientific Committees under the Centre for Health and Protection in Hong Kong would be responsible for scheduling the vaccination and monitoring post- vaccination conditions.
The Advisory Panel on COVID-19 Vaccines would take up the task of approving any emergent use of vaccines. Chan stressed that the Hong Kong government was not “just sitting there and wait”.
Source: Stand News #Jan31
#WuhanPneumonia #SophiaChan #LoChungMau #BeijingLoyalist #Sinopharm #Sinovac #Covid19Vaccine
Beijing Loyalist Criticises the Hong Kong Government for Lacking Proactiveness in Acquiring China-made Vaccines
Lo Chung-mau, Chief Executive of University of Hong Kong-Shenzhen Hospital, was vaccinated by China-owned Sinopharm in Shenzhen. Lo stated in an interview that instead of waiting for the 3rd phase clinical data for Sinovac’s vaccines, the Hong Kong government should seek the data from Sinpopharm or the National Medical Products Administration of China. Lo claimed that the Hong Kong government was passive and only “sitting and waiting”, instead of “striking out”.
In her response in the afternoon, Secretary for Food and Health Sophia Chan stated that all government bureaus were performing different tasks. On the one hand, the Hong Kong government has been contacting other countries and medicine manufacturers, to negotiate the logistics, clinical data and the acquisition of vaccines, in order to speed up the importation of vaccines to Hong Kong. On the other hand, through internal communication, the Hong Kong government has to keep in touch with medical teams and hospitals and discuss the arrangements of vaccinations for the public. once they were available in Hong Kong.
Moreover, Chan said the Scientific Committees under the Centre for Health and Protection in Hong Kong would be responsible for scheduling the vaccination and monitoring post- vaccination conditions.
The Advisory Panel on COVID-19 Vaccines would take up the task of approving any emergent use of vaccines. Chan stressed that the Hong Kong government was not “just sitting there and wait”.
Source: Stand News #Jan31
#WuhanPneumonia #SophiaChan #LoChungMau #BeijingLoyalist #Sinopharm #Sinovac #Covid19Vaccine
India announces permanent ban on 59 Chinese apps including TikTok, WeChat and Baidu
Source from: Stand News #Jan26
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Source from: Stand News #Jan26
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