#EditorialColumn #Jun15
National Security Law Turns Hong Kong Into a Launchpad for China's Legal Terrorism
"...As Hong Kong's Secretary for Justice Teresa Cheng admitted on June 14 that the National Security Law is unlikely to be based on common law, China is inserting a Chinese-style statute into Hong Kong's common law system.
The question arises: Will Hong Kong's National Security Law cases be recognized by other common law countries?"
Continue Reading
⬇️⬇️
https://t.me/guardiansofhongkong/22449
Photo taken by Daniel Cheung on June 9, 2020 in Central
#LegalTerrorism #CommonLaw #CivilLaw #ChinaJudiciary
Secretary for Justice Admits National Security Law to Deviate from Hong Kong's Common Law System
https://t.me/guardiansofhongkong/22447
National Security Law Turns Hong Kong Into a Launchpad for China's Legal Terrorism
"...As Hong Kong's Secretary for Justice Teresa Cheng admitted on June 14 that the National Security Law is unlikely to be based on common law, China is inserting a Chinese-style statute into Hong Kong's common law system.
The question arises: Will Hong Kong's National Security Law cases be recognized by other common law countries?"
Continue Reading
⬇️⬇️
https://t.me/guardiansofhongkong/22449
Photo taken by Daniel Cheung on June 9, 2020 in Central
#LegalTerrorism #CommonLaw #CivilLaw #ChinaJudiciary
Secretary for Justice Admits National Security Law to Deviate from Hong Kong's Common Law System
https://t.me/guardiansofhongkong/22447
#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 - not only to Hong Kong, but also to the rest of the world.
The problematics stem from the very different nature of the two legal systems: Hong Kong's common law system inherited from Britain vis-a-vis China's own blend of civil law and socialist law.
Different Systems, Different Values
The strength of a common law system lies in the common legal basis and values agreed upon by countries and regions sharing the same system. International business is founded on this, especially for fast-paced decision makers who would not have time for the intricacies of a different local law - for example, China's.
The concept of judicial precedent, central to all common law systems, constrains judges to base their rulings on the principles laid down in past cases. These precedent cases may be cited from other common law countries. In fact, Commonwealth and former Commonwealth regions such as Australia, Canada, and Hong Kong recognize, and often cite, each other's cases.
However, in China's law system, judges base their decisions only on the text of the law (and from time to time, on the whims and fancies of the Party)--not on any previous cases, nor cases from other legal systems, and certainly not on the universally shared values underlying those courts' decisions. It is noteworthy that in China's court, the conviction rate is nearly 99%.
As Hong Kong's Secretary for Justice Teresa Cheng admitted on June 14 that the National Security Law is unlikely to be based on common law, China is inserting a Chinese-style statute into Hong Kong's common law system.
The question arises: Will Hong Kong's National Security Law cases be recognized by other common law countries?
One Country, One (Messed Up) System?
This raises some worrying scenarios:
Scenario 1: After winning national security cases in Hong Kong, China sues governments and private enterprises in other common law countries, citing Hong Kong cases as precedents.
Scenario 2: To avoid scenario 1, other countries no longer recognize Hong Kong's case rulings as being made under common law. Then Hong Kong's legal system becomes a unique (thus isolated) "common law system with Chinese characteristics", losing the greatest advantage of common law - that is, individuals and companies can understand and execute contracts according to values common to the rest of the world.
In China, concerns of national security is all-encompassing; even the revenue of Huawei and other "national enterprises" are "national security" issues. If scenario 2 comes to pass, not only are small and medium businesses robbed of the legal protection they once enjoyed, even multinational companies are in danger of losing basic properties, including their trademarks (recall that Chinese courts ruled that even Michael Jordan doesn't own the rights to his own name within China).
Incoming: Legal Terrorism
China's forcing their national security law upon Hong Kong severely undermines the foundation of Hong Kong's legal system; this has been widely noted and criticized by the international community.
Although foreign countries can withdraw their capital and mitigate their losses, this does not stop China from launching legal terrorism attacks into the common law world, by exporting precedent cases under this "common law with Chinese characteristics".
Image
#LegalTerrorism #CommonLaw #CivilLaw #ChinaJudiciary
Secretary for Justice Admits National Security Law to Deviate from Hong Kong's Common Law System
https://t.me/guardiansofhongkong/22447
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 - not only to Hong Kong, but also to the rest of the world.
The problematics stem from the very different nature of the two legal systems: Hong Kong's common law system inherited from Britain vis-a-vis China's own blend of civil law and socialist law.
Different Systems, Different Values
The strength of a common law system lies in the common legal basis and values agreed upon by countries and regions sharing the same system. International business is founded on this, especially for fast-paced decision makers who would not have time for the intricacies of a different local law - for example, China's.
The concept of judicial precedent, central to all common law systems, constrains judges to base their rulings on the principles laid down in past cases. These precedent cases may be cited from other common law countries. In fact, Commonwealth and former Commonwealth regions such as Australia, Canada, and Hong Kong recognize, and often cite, each other's cases.
However, in China's law system, judges base their decisions only on the text of the law (and from time to time, on the whims and fancies of the Party)--not on any previous cases, nor cases from other legal systems, and certainly not on the universally shared values underlying those courts' decisions. It is noteworthy that in China's court, the conviction rate is nearly 99%.
As Hong Kong's Secretary for Justice Teresa Cheng admitted on June 14 that the National Security Law is unlikely to be based on common law, China is inserting a Chinese-style statute into Hong Kong's common law system.
The question arises: Will Hong Kong's National Security Law cases be recognized by other common law countries?
One Country, One (Messed Up) System?
This raises some worrying scenarios:
Scenario 1: After winning national security cases in Hong Kong, China sues governments and private enterprises in other common law countries, citing Hong Kong cases as precedents.
Scenario 2: To avoid scenario 1, other countries no longer recognize Hong Kong's case rulings as being made under common law. Then Hong Kong's legal system becomes a unique (thus isolated) "common law system with Chinese characteristics", losing the greatest advantage of common law - that is, individuals and companies can understand and execute contracts according to values common to the rest of the world.
In China, concerns of national security is all-encompassing; even the revenue of Huawei and other "national enterprises" are "national security" issues. If scenario 2 comes to pass, not only are small and medium businesses robbed of the legal protection they once enjoyed, even multinational companies are in danger of losing basic properties, including their trademarks (recall that Chinese courts ruled that even Michael Jordan doesn't own the rights to his own name within China).
Incoming: Legal Terrorism
China's forcing their national security law upon Hong Kong severely undermines the foundation of Hong Kong's legal system; this has been widely noted and criticized by the international community.
Although foreign countries can withdraw their capital and mitigate their losses, this does not stop China from launching legal terrorism attacks into the common law world, by exporting precedent cases under this "common law with Chinese characteristics".
Image
#LegalTerrorism #CommonLaw #CivilLaw #ChinaJudiciary
Secretary for Justice Admits National Security Law to Deviate from Hong Kong's Common Law System
https://t.me/guardiansofhongkong/22447
Telegram
📡Guardians of Hong Kong
#EditorialColumn #Jun15
National Security Law Turns Hong Kong Into a Launchpad for China's Legal Terrorism
"...As Hong Kong's Secretary for Justice Teresa Cheng admitted on June 14 that the National Security Law is unlikely to be based on common law, China…
National Security Law Turns Hong Kong Into a Launchpad for China's Legal Terrorism
"...As Hong Kong's Secretary for Justice Teresa Cheng admitted on June 14 that the National Security Law is unlikely to be based on common law, China…
#JamesSpigelman
Judge from Hong Kong Court of Final Appeal Resigned in Relation to the National Security Law Passed by Beijing in HK
For more details:
https://t.me/guardiansofhongkong/25238
#EditorialColumn #Recap:
Is the National Security Law Turning Hong Kong Into a Launchpad for China's Legal Terrorism?
//China's forcing their national security law upon Hong Kong severely undermines the foundation of Hong Kong's legal system; this has been widely noted and criticized by the international community.
Although foreign countries can withdraw their capital and mitigate their losses, this does not stop China from launching legal terrorism attacks into the common law world, by exporting precedent cases under this "common law with Chinese characteristics".//
Continue Reading:
https://t.me/guardiansofhongkong/22449
Image: Stephen Dziedzic's Twitter #Sept18
https://twitter.com/stephendziedzic/status/1306835556601479168?s=09
#LegalTerrorism
Judge from Hong Kong Court of Final Appeal Resigned in Relation to the National Security Law Passed by Beijing in HK
For more details:
https://t.me/guardiansofhongkong/25238
#EditorialColumn #Recap:
Is the National Security Law Turning Hong Kong Into a Launchpad for China's Legal Terrorism?
//China's forcing their national security law upon Hong Kong severely undermines the foundation of Hong Kong's legal system; this has been widely noted and criticized by the international community.
Although foreign countries can withdraw their capital and mitigate their losses, this does not stop China from launching legal terrorism attacks into the common law world, by exporting precedent cases under this "common law with Chinese characteristics".//
Continue Reading:
https://t.me/guardiansofhongkong/22449
Image: Stephen Dziedzic's Twitter #Sept18
https://twitter.com/stephendziedzic/status/1306835556601479168?s=09
#LegalTerrorism
#Court #LegalTerrorism
Barrister Worries National Security Law’s Imprisonment Before conviction: ‘To be released on bail is basic human rights’
Source: Apple Daily #Dec4
Read more
⬇️⬇️⬇️
Barrister Worries National Security Law’s Imprisonment Before conviction: ‘To be released on bail is basic human rights’
Source: Apple Daily #Dec4
Read more
⬇️⬇️⬇️
#Court #LegalTerrorism
Barrister Worries National Security Law’s Imprisonment Before conviction: ‘To be released on bail is basic human rights’
The Hong Kong judicial system has been adhering to the principle of presumption of innocence, in which a defendant is innocent before conviction and should not be imprisoned unless there is sufficient reason to do so.
However, Jimmy Lai, founder of Apple Daily, who was charged by the police for fraud, as well as several defendants in cases related to the National Security Law were all denied bail by appointed judges and are imprisoned without trial.
A barrister worried that if the defendants whom the prosecution alleges are involved in a national security case will be denied bail, citizens will question whether the court has been reduced to merely symbolic.
Human rights organizations have also been heavily criticizing that these imprisonment before conviction are a serious violation of human rights.
The National Security appointed judge, Chief Magistrate Victor So denied Jimmy Lai’s application for bail. Lai will be remanded in custody until April 2021, which means he will be imprisoned for at least 4 months.
The senior officers of Next Digital, Chow Tat Kuen and Wong Wai Keung who were also charged with fraud were granted bail.
Source: Apple Daily #Dec4
https://hk.appledaily.com/local/20201204/B34MREBSERBMDJE7FMX42JAAWM/
#NationalSecurityLaw #FreeJimmy #JimmyLai #Judge #Injustice #Bail
Barrister Worries National Security Law’s Imprisonment Before conviction: ‘To be released on bail is basic human rights’
The Hong Kong judicial system has been adhering to the principle of presumption of innocence, in which a defendant is innocent before conviction and should not be imprisoned unless there is sufficient reason to do so.
However, Jimmy Lai, founder of Apple Daily, who was charged by the police for fraud, as well as several defendants in cases related to the National Security Law were all denied bail by appointed judges and are imprisoned without trial.
A barrister worried that if the defendants whom the prosecution alleges are involved in a national security case will be denied bail, citizens will question whether the court has been reduced to merely symbolic.
Human rights organizations have also been heavily criticizing that these imprisonment before conviction are a serious violation of human rights.
The National Security appointed judge, Chief Magistrate Victor So denied Jimmy Lai’s application for bail. Lai will be remanded in custody until April 2021, which means he will be imprisoned for at least 4 months.
The senior officers of Next Digital, Chow Tat Kuen and Wong Wai Keung who were also charged with fraud were granted bail.
Source: Apple Daily #Dec4
https://hk.appledaily.com/local/20201204/B34MREBSERBMDJE7FMX42JAAWM/
#NationalSecurityLaw #FreeJimmy #JimmyLai #Judge #Injustice #Bail
#Court #LegalTerrorism
China Supporter calls to send #AppleDaily Founder #JimmyLai for trial in China
Source: Stand News #Dec16
Read more
⬇️⬇️⬇️
China Supporter calls to send #AppleDaily Founder #JimmyLai for trial in China
Source: Stand News #Dec16
Read more
⬇️⬇️⬇️
#Court #LegalTerrorism
China Supporter calls to send #AppleDaily Founder #JimmyLai for trial in China
Hong Kong's media tycoon, Jimmy Lai, aged 73, is charged by the authorities with "collusion with foreign forces to endanger national security". He was denied of bail and remained in custody for a trial in April 2021.
On December 16, 2020, Gu Minkang, a pro-Beijing Chinese scholar, wrote in an article in the China-run newspaper Ta Kung Pao.
Gu questioned that the Hong Kong judiciary could "safeguard national security" by adjudging the cases in a strict manner.
Gu even urged to ask the Communist Chinese Party-controlled judiciary to trial Lai .
Gu further branded Lai as one of the “chief commanders of the anti-China gang that incites unrest in Hong Kong” and “the No. 1 traitor who colludes with foreign forces.”
Source: Stand News #Dec16
#GuMinKang #Propaganda #TaKungPao #CCPLaw #CCPJudiciary
China Supporter calls to send #AppleDaily Founder #JimmyLai for trial in China
Hong Kong's media tycoon, Jimmy Lai, aged 73, is charged by the authorities with "collusion with foreign forces to endanger national security". He was denied of bail and remained in custody for a trial in April 2021.
On December 16, 2020, Gu Minkang, a pro-Beijing Chinese scholar, wrote in an article in the China-run newspaper Ta Kung Pao.
Gu questioned that the Hong Kong judiciary could "safeguard national security" by adjudging the cases in a strict manner.
Gu even urged to ask the Communist Chinese Party-controlled judiciary to trial Lai .
Gu further branded Lai as one of the “chief commanders of the anti-China gang that incites unrest in Hong Kong” and “the No. 1 traitor who colludes with foreign forces.”
Source: Stand News #Dec16
#GuMinKang #Propaganda #TaKungPao #CCPLaw #CCPJudiciary
#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
Telegram
📡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】「
#BREAKING
Hong Kong #Court Sentences First #NationalSecurityLaw Convict #TongYingKit to 9 years in Jail
The first National Security Law case against 24-year-old Hongkonger Tong Ying-Kit resulted in a conviction on "inciting secession" and "terrorism", after a trial without jury.
He has been remanded for more than year since July 1, 2020, with no bail. It was one day after the National Security Law was forcefully imposed by Beijing on Hong Kong on June 30.
The court on July 30, 2021 sentenced him to 9 years in jail.
Source: Stand News #Jul30
======
Read more:
Is National Security Law Turning Hong Kong Into a Launchpad for China's #LegalTerrorism?
https://t.me/guardiansofhongkong/22449
First #NSL Case in Hong Kong: Prosecution Cites Chinese Law Books to Assist Judge's Sentencing
https://t.me/guardiansofhongkong/30651
Pleading for the First #NationalSecurityLaw Conviction -- Hongkonger Raises Sign in Silence: "If there is no jury, does #CommonLaw still exist?"
https://t.me/guardiansofhongkong/30649
Hong Kong #Court Sentences First #NationalSecurityLaw Convict #TongYingKit to 9 years in Jail
The first National Security Law case against 24-year-old Hongkonger Tong Ying-Kit resulted in a conviction on "inciting secession" and "terrorism", after a trial without jury.
He has been remanded for more than year since July 1, 2020, with no bail. It was one day after the National Security Law was forcefully imposed by Beijing on Hong Kong on June 30.
The court on July 30, 2021 sentenced him to 9 years in jail.
Source: Stand News #Jul30
======
Read more:
Is National Security Law Turning Hong Kong Into a Launchpad for China's #LegalTerrorism?
https://t.me/guardiansofhongkong/22449
First #NSL Case in Hong Kong: Prosecution Cites Chinese Law Books to Assist Judge's Sentencing
https://t.me/guardiansofhongkong/30651
Pleading for the First #NationalSecurityLaw Conviction -- Hongkonger Raises Sign in Silence: "If there is no jury, does #CommonLaw still exist?"
https://t.me/guardiansofhongkong/30649