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#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
#Interview #HongkongersVoice
Arrested Pro-democracy Uni Student is Not Pessimistic: "The Movement is About Seeking an Ideal, Which Can Only Come True through Practice"

Part 1:

Ah Ling (pseudonym), is a MPhil postgraduate student in Philosophy at Chinese University of Hong Kong (#CUHK). He is also one of 1.03 million citizens who took to the street on 9 June, 2019 to protest against the government’s willful introduction of extradition to China.

At the end of the rally, he headed to the Legislative Council (#LegCo) building to offer help, knowing his fellow protesters needed assistance. Shortly after he arrived at the LegCo building, a large team of police broke into protesters’ defense and arrested Ah Ling and six others.

The seven of them were dragged into the Legco building and forced down on their knees in front of a wall. They knelt there for for five hours. In November 2020, Ah Ling was charged with illegal assembly for piling up mills barriers.

On January 13, 2021, Ah Ling decided to plead guilty. In court, his lawyer stated that Ah Ling was graduated with first class honors and received 18 scholarships in three years. It is likely that he will lose the opportunity to study a Ph.D at Yale University.

Ah Ling was at last sentenced to 16 weeks of imprisonment.

“Actually, many Philosophy students at the Chinese University of Hong Kong have been arrested, accounting for quite a large faction of the total arrestees. For God knows why, we kept being arrested.” Ah Ling said it lightly.

“In times like this, many of us felt being summoned and urged to do something following our [philosophical] training."

Ah Ling said Hongkongers' involvement in the pro-democracy movement came from the “sense of justice”. “We genuinely see the importance in seeking justice in Hong Kong. So willingly, we put in our time and efforts.”

Commenting on the arrests of Jimmy Lai and 12 Youths, Ah Ling expressed, “the authorities will not let go any slightest chance to scourge us.”

The current silence at the street is built up at the expense of disquiet minds and raging hearts. At the end of the Umbrella Movement in 2014, a regression took place. As of this moment, social activism in Hong Kong has seemingly slumped into another state of speechlessness and helplessness. Many people asked how could they carry on?

With reference to history, Ah Ling acknowledged a long and tough journey ahead, “there are too many races going extinct in history. Nobody is giving shit to the so-called resistance and sacrifice. All those brave deeds have been deeply buried in our history.”

But he is not pessimistic.

Ah Ling said, “it doesn’t matter … do not presume that you are going to see any achievement in your lifetime, or like some commentators claimed - the coming two weeks are the most critical. It’s better to drop this mentality altogether.”

“The entire movement is about seeking an ideal, which can only come true through our practice.”

Source: Stand News #Jan21
https://bit.ly/3iyYrXF

#ProtestersStory #AhLing #Arrest #PhilosophyStudent #University #Youth #Future #Justice
#Justice #HKBarristers
New Chairperson of Hong Kong Bar Association vows to protect the rule of law in Hong Kong

Source: Stand News #Jan21

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#Justice #HKBarristers
New Chairperson of Hong Kong Bar Association vows to protect the rule of law in Hong Kong

On Jan 21, 2021, Philip Dykes ended his second term as the chairperson of the Hong Kong Bar Association (#HKBA) based on charter rules.

Founder of Hong Kong Human Rights Monitor, senior counsel Paul Harris was elected to be the next chairperson without any opposition.

The two vice-chairpersons were senior counsel Anita Yip, who was re-elected, and Erik Shum, who was a committee member originally.

After being elected, Harris held in his hand a wooden chair figure that represented his status as the new chairperson and spoke with reporters outside of the venue.

Harris said, the Bar Association and the rule of law in Hong Kong are going through a difficult time at the moment. As a senior counsel who is deeply committed to the law, he opposed both violent protests and the government that abuses its power. He promised to enhance the rule of law during his term.

Harris also expressed his concern towards the National Security Law, especially the part which indicated that state power overrides the law.

Moreover, many countries had suspended their extradition agreement with Hong Kong due to concerns over the National Security Law. This means that outlaws such as murderers can easily escape from legal justifications, especially in the future when the pandemic is over and it is easier to travel in and out of Hong Kong.

Harris therefore promised to try his best to negotiate in hopes that the government can amend some parts of the National Security Law to resume extradition agreements. “I don’t know if that would be possible,” said Harris, “but that’s what I’m going to work towards”.

Source: Stand News #Jan21

#PaulHarris #PhilipDykes #HumanRights
#Interview #HongkongersVoice
Arrested Pro-democracy Uni Student is Not Pessimistic: People work towards a simple and shared value - the fight for Hongkonger’s Freedom

Part 1:
https://t.me/guardiansofhongkong/28173

Part 2:

Ah Ling, a MPhil student in Philosophy at the Chinese University of Hong Kong was sentenced to 16 weeks in jail for "illegal assembly" on the evening of the 1-million-peopled June 9 rally in 2019.

Before going to jail, he said:

“When are we going to achieve it? Nobody knows.”

“When are we going to succeed? Nobody knows.”

“Are we going to succeed? Nobody knows it either.”

“But we still have to do it.” Ah Ling uttered this line most sternly.

He made an analogy comparing individuals involved in the pro-democracy movement to the gearwheels of an engine. “A gearwheel doesn’t need a hope to wind, but power. As long as we are gearing towards a desired direction, and when you accept the fact that you might not be able to witness a fruitful result, you will be contented to keep on winding forward. This is not a matter of being optimistic or not.”

Talking about an ideal Hong Kong, Ah Ling suggested a way of reverse thinking on “which core values we have to defend.”

He wanted to say that if citizens in all walks of life in Hong Kong are striving towards the same objective and sharing the same set of values, they will open up many possibilities for the city in the future. Ah Ling stressed that, the critical aspect lies in people’s mentality.

The 2019 anti-ELAB movement has evolved on unprecedented scale. “This is because the movement has drawn together people with different backgrounds and beliefs to work towards a simple and shared value - the fight for Hongkonger’s freedom,” Ah Ling concluded.

Source: Stand News #Jan21
https://bit.ly/3iyYrXF

#ProtestersStory #AhLing #Arrest #PhilosophyStudent #University #Youth #Future #Justice
#Crackdown #HongKong
At this speechless moment

It was 2am.

53 of 106 arrested Democrats in the mass arrest were still detained in different police stations.

My friends in my WhatsApp groups were very quiet out of the ordinary— there was no swearing in the groups that swear a lot normally. The groups that share a lot of news were quiet too and so was Facebook.

Earlier I saw a bilingual post by Claudia Mo on Facebook, with a photo of a toy from her parents given to her as a child.

What? Was 'Aunt Mo' on bail already? Sorry, I did follow you on social media but never really responded to your posts seriously. I couldn’t help but miss her much more tonight. 

Read the fully translated article here:
https://telegra.ph/At-this-speechless-moment-01-26

Source:Stand News #Jan07

#Speechless #MassArrest #Justice #OccupyCentralMovement
#Court #RuleByLaw #Regime #Justice
Department of Justice Cites Unenacted #Article23 in Hong Kong Court

Source: Apple Daily #Feb2

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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/
#Court #Justice
Judge Slams Prosecution of #YuenLong721 a wasting of the court’s time

On July 21 in 2019, a large group of white-clad mobsters stormed into a West Rail train station in Yuen Long, Hong Kong and indiscriminately assaulted black-clad pro-democracy protesters and passers-by on their way home.

6 white-clad who pleaded not guilty of rioting appeared in the district court for hearing on February 24.

#NeverForget #NeverForgive

Source: Stand News; #Feb24

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#Court #Justice
Judge Slams Prosecution of #YuenLong721 a wasting of the court’s time

The magistrate Eddie Yip Chor-man spent the morning questioning the prosecution’s opening statement, in which the prosecution mentioned multiple times that a “violent confrontation took place” between the while-clad and black-clad, but did not provide any detail of the confrontation.

Yip questioned that, “Does 'violent confrontation' mean the two parties fought each other?” and “who fought whom first” in the “violent confrontation”.

In response, the prosecution clarified that it was the white-clad who hit the black-clad with rattan canes and wooden sticks while the black-clad counter-attacked.

Magistrate Yip expressed dissatisfaction, blasting the prosecution, “Are you writing a flashback or a time-travelling novel? We’re not making a film. It looks like you have edited that film!”

He later concluded that, “It turns out that the 6 (Chinese) characters (violent confrontation taken place) have encapsulated a lot.”

The Magistrate also questioned why the prosecution detailed a screening event on 16 Jul in the first 2 paragraphs of the statement.

The prosecution ended up admitting that the screening event was irrelevant and was slammed by Yip of wasting time.

#NeverForget #NeverForgive

Source: Stand News; #Feb24
https://www.thestandnews.com/court/%E5%85%83%E6%9C%97-7-21-%E5%AE%98%E6%80%92%E6%89%B9%E6%8E%A7%E6%96%B9%E9%96%8B%E6%A1%88%E9%99%B3%E8%A9%9E%E5%90%AB%E7%B3%8A%E4%B8%8D%E6%B8%85-%E8%BF%BD%E5%95%8F%E4%B8%8B%E5%A7%8B%E8%AA%8D%E7%99%BD%E8%A1%A3%E4%BA%BA%E5%85%88%E8%A5%B2%E6%93%8A/
U.S. charges four Chinese nationals charged in global hacking campaign

Four Chinese nationals have been charged in a global hacking campaign aimed at dozens of companies, universities and government agencies in the United States and abroad, the U.S. Justice Department said on Monday.

The charges were announced as the United States and a coalition of allies on Monday accused China's Ministry of State Security of a global cyber hacking campaign, specifically attributing a large Microsoft attack disclosed earlier this year to hackers working on Beijing's behalf.

The hacking was sponsored by the Ministry of State Security and focused on information that would significantly benefit Chinese companies and businesses, including research and development processes, according to the indictment cited by the Justice Department.

Source: Reuters #Jul19

https://www.reuters.com/technology/four-chinese-nationals-charged-global-hacking-campaign-us-justice-department-2021-07-19/

#China #Hacking #Justice #US
Canada's ex-chief justice renews job on top Hong Kong court despite Beijing's tightening grip

After her first stint as a foreign judge on Hong Kong’s highest court, Beverley McLachlin was adamant the city’s judiciary remained independent, despite mounting pressure from Beijing.

That was late 2019. A lot has happened in the enclave since the former Supreme Court of Canada chief justice finished her first assignment there.

China imposed a draconian new national security law, ushering in a more repressive era that has seen authorities effectively shut down a pro-democracy newspaper, arrest opposition politicians and even seize children’s books they considered seditious.

Source: National Post #Aug02

https://t.co/zSM86cYwA6

#Canada #HongKong #Beijing #BeverleyMcLachlin #Justice
Hong Kong lawyers create court database of protest-related cases in bid to safeguard #RuleofLaw

#CompendiumProject #Court #Justice #Truth

Source: HKFP; #Oct3

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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/
#Court #Justice #AntiELAB
19-year-old student files a civil claim against HK Police Force: It's a fight for justice

Source: Stand News; #Dec1

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#Court #Justice #AntiELAB
19-year-old student files a civil claim against HK Police Force: It's a fight for justice

During the anti-ELAB movement in Hong Kong two years ago, a 19-year-old pro-democracy student, Pang Yue-him (彭裕謙) was arrested in #MongKok in November 2019 for possessing a #LaserPointer. Pang plead not guilty.

Without seeking legal representation, Pang took defence for himself in prosecution, reviewed the evidence, and cross-examined the witness in English. In June 2021, he won the court case and was acquitted.

Five months later, Pang filed a civil case at the #DistrictCourt on December 1, accusing the Hong Kong Police Force of disclosing incomplete, misleading and incorrect information which could be deemed “misrepresentation”. He claimed a remedy amounted to HK$520,000.

Handling the #CivilClaim case unrepresented, Pang openly acknowledged that the chance of winning the case is slim. He intended to carry on the court case as a fight for justice.

Source: Stand News; #Dec1
https://thestandnews.page.link/pAtu6jwoKW9TiHgJ8