📡Guardians of Hong Kong
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We provide translation of news in English from local media and other sources, for academic use.
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Why don't we believe in the courts anymore?

(20 Apr) Arrestees were beaten so severely during custody that they couldn't appear in court, while the courts turned a blind eye to them.
Arrestees filed complaints against the police brutality they experienced.
The judge said, "It's none of my business."
Arrestees were deliberately denied their right to legal counsel.
The courts remained silent.

Numerous counts of police brutality occurred in plain view of the camera lens, with which the courts were incapable of dealing.
The police kept lying but the courts maintained that they were reliable witnesses.
The police selectively enforced the law. 
The courts remained indifferent. 

Geoffrey Ma said nothing.

The government says that the Department of Justice should decide prosecution independently. They think we would trust a Secretary who breached building regulations without consequence to act justly.

Gangsters assembled on 721, police terrorised on 831, yet no one faced any legal consequences.

The past year's wave of police brutality had no independent commission of inquiry and had no fair adjudication to rein it in.

The death of the rule of law is not a matter of over whose dead body, but a matter of totalitarianism turning our city's spirit into a floating corpse.

Running up to this day, we are actually a little lost but at the same time, we refuse to give up. This is because we believe in the same values, uphold the same morals, confront the same dark fears and threats.

The Revolution of Our Time may take more time.

Will you still resolutely stand firm today?

Source: RWBB
https://bit.ly/3bJH8iv

#Court #Trust #RuleOfLaw #Judge
#OpinionArticle #ChipTsao

Actually, it is already closed


(26 May) China has boldly introduced the "National Security Law" into Hong Kong and set up a special agency to directly enforce it. It would not be regulated under Basic Law Article 22, effectively kicking Carrie Lam's SAR government and the police to the curb. At the same time, the secret police would be established.

Quickly showing its hand, China is convinced that international capital from the West would be unwilling to give up its huge market and Hong Kong this casino. The West would not leave the gambling table.

//What China cannot manipulate are the judicial system created from English common law and the judges at every level whose legal culture is based on English rational thought.

//China has long been striking away at the root of the problem... dismissing the Dean of the Faculty of Law Johannes Chan who was believed to be nurturing the newer ranks with English thought.

//The third issue is the banking and finance sector. This piece of territory is almost entirely under American control.

//With the Legislative Council elections coming up in September, China senses a great crisis. If certain academics and the pan-democrats are allowed to advocate for its 35+ [seats] and end up snatching more than half of them, the 2020-21 government budget will not be passed.

//If police funding is increased, the Legislative Council will veto the entire budget.

//If Hong Kong had implemented universal suffrage earlier on, the opposition and the government would have learned to compromise in council meetings.

//Hong Kong's Cinderella fairy tale actually ended on 30 June 1997. It's just that too many failed to believe it was closed and wanted a couple more waltzes.

Fully translation:
https://telegra.ph/Actually-it-is-already-closed-06-14

Source: CUP

#HandOver #RuleOfLaw #Judge #NationalSecurityLaw #Article22 #LegislativeCouncilElection
#Authoritarianism #OneCountryOneSystem
Beijing to Forcefully Pass National Security Law in Hong Kong, Not Even Carrie Lam Learn of the Actual Legislation

No draft of the National Security Law has ever been made public by Beijing. Apparently, not even the head of the Hong Kong Government, Chief Executive Carrie Lam, knows about the actual legislation.

In the past few days, grave concerns are raised towards the possibility to have only judges with Chinese citizenship to hear national security cases.

Carrie Lam had said on June 22 that there will not be a nationality restriction on judges.

However, a senior PRC official Zhang Yong published an opinion article in a Hong Kong Chinese-language newspaper, Ming Pao, on June 23, indicating that foreign judges will not be allowed to handle national security trials. Zhang is the deputy head of the Commission for Legislative Affairs of the National People’s Congress Standing Committee.

Worrying news continued to flow in as the chief executive was said to have power to designate current or former judges or magistrates to handle cases concerning national security cases.

The Law Society of Hong zkong released a statement on June 23, expressing concern that the act “would give the Chief Executive the power to oversee and interfere with the Judiciary.”

Meanwhile, Carrie Lam continued to blame the pro-democracy protests for tarnishing Hong Kong's international reputation and competitiveness over the past year. During an online forum organised by Chineese media group Caixin on June 21, Lam insisted that the upcoming national security law will restore stability in the city and strengthen One Country, Two Systems.

Source: RTHK #Jun24
#NationalSecurityLaw #CarrieLam #Judge #Nationality #Court
#InternationalTribunal #CCPControl #ChinaInfluence
Chinese Ambassador to Hungary Becomes Judge in International Tribunal for the Law of the Sea 

On 25 August, Duan Jielong, nominated by the Chinese Communist Party government, was named the new judge to the International Tribunal for the Law of the Sea (#ITLOS) in Hamburg, Germany.

The Tribunal is an "independent judicial body" established by the United Nations Convention on the Law of the Sea (#UNCLOS) to adjudicate maritime disputes "arising out of the interpretation and application of the Convention". 

Duan, currently the PRC's ambassador to Hungary, received 149 votes in the first round of election and was therefore elected. His term will start on October 1, 2020 with an appointment of 9 years.

Since its establishment in 1996, the Tribunal has had 4 judges from the PRC.

[Editor's note: On 12 July 2016, the Permanent Court of Arbitration ruled that China had violated the UNCLOS in South China Sea]

Source: Now News #Aug25

#DuanJieLong #Judge
National security law prompts Australian judge to quit Hong Kong court

James Spigelman, one of the 14 foreign judges on Hong Kong's highest court, Court of Final Appeal, has resigned due to concerns over the new national security law imposed by Beijing on the city.

The Polish-born former chief justice of New South Wales told the Australian national broadcaster that he had resigned for reasons 'related to the content of the national security legislation'.

Local and international legal circles have been alarmed at Beijing's imposition of the security law, fearing it erodes the former British colony's autonomy and freedoms.

#NationalSecurityLaw #Australia #CCP #LawandOrder #legalsystem #judge

Source: Reuters #Sep18
#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
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