#NationalSecurityLaw
Legal Expert Concerned by Lack of Details in the City’s National Security Law
In a radio programme last Thursday (May 28), Prof. Johannes Chan Man-mun of the University of Hong Kong’s Faculty of Law expressed that the coverage of the National Security Law is wide-ranging and it does not affect just a few people.
He pointed out the absence of details in the four crimes cited in the new law – secession, subversion, terrorism, and foreign interference in Hong Kong’s affairs. Chan’s opinion is that the law enforcement and judicial authorities might interpret such vague and broadly defined offences like "acts and activities that endanger national security” differently which might leave people open to being caught easily for any violation of the law.
Chan reiterated that the ‘devil always lies in details of the law provisions’, and coupled with the fact that Hong Kong people are unable to participate in law drafting process, it is understandable that Hong Kong people are worried.
Source: Commercial Radio
#May31 #Law
Legal Expert Concerned by Lack of Details in the City’s National Security Law
In a radio programme last Thursday (May 28), Prof. Johannes Chan Man-mun of the University of Hong Kong’s Faculty of Law expressed that the coverage of the National Security Law is wide-ranging and it does not affect just a few people.
He pointed out the absence of details in the four crimes cited in the new law – secession, subversion, terrorism, and foreign interference in Hong Kong’s affairs. Chan’s opinion is that the law enforcement and judicial authorities might interpret such vague and broadly defined offences like "acts and activities that endanger national security” differently which might leave people open to being caught easily for any violation of the law.
Chan reiterated that the ‘devil always lies in details of the law provisions’, and coupled with the fact that Hong Kong people are unable to participate in law drafting process, it is understandable that Hong Kong people are worried.
Source: Commercial Radio
#May31 #Law
881903.com
陳文敏：港區國安法條文是魔鬼在細節 理解港人憂慮
港大法律學院教授陳文敏在本台節目表示，對於港區國安法草案針對的分裂國家等4種行為，認為條文用字是相當廣闊和模稜兩可，執法機關和司法機關對危害國家安全的「行為和活動」等用字，可以有不同演繹，形容條文是魔鬼在細節，加上在過程中港人是無法參與，因此港人擔心是可以理解。
Australian-Chinese Writer Arrested in China Refuses to Plead Guilty to False Charges, Vows to “Fight to the End”
Australian-Chinese writer Yang Hengjun has been allowed a meeting with his lawyer at a detention facility for the first time since being arrested in Guangzhou last January and charged with espionage. Yang told his family that he would fight to the end, refusing to admit a crime he did not commit. He believed his case would soon be brought to the court.
Feng Chongyi, a professor at the University of Technology Sydney and a friend of Yang, said Yang’s lawyer was allowed to meet him at a detention facility in Beijing on Thursday. Yang told his family that he is “innocent” and “will fight to the end.” “I will never confess to anything I didn’t do,” Yang said. “I will never plead guilty to any of the accusations. This is political persecution.” The Chinese authorities claimed that he had pleaded guilty, but Yang categorically denied having done so. He also hopes to appear in court to publicly respond to the charges against him while worrying that Beijing is spreading rumours that he has already confessed to the crime.
55-year-old Yang Hengjun was arrested at Guangzhou airport last January and formally charged with suspected espionage in March. Australia has since raised strong objections. His family has appointed Mo Shaoping, the Chinese human rights lawyer who defended Nobel Peace Prize winner Liu Xiaobo, to handle Yang’s case. Feng said that under the Chinese judicial system, there were six weeks left to bring Yang’s case to the court, adding that Yang had been questioned for a long time in detention. Elaine Pearson, director of Human Rights Watch Australia, said, ”The Chinese system is really geared around forced confession. This is a system where acquittals are very rare. It is dominated by the Chinese Communist Party with very few checks to stop the abuse of evidence.”
Source: Apple Daily #Sep04
#Australia #China #YangHengjun #Espionage #Law #Diplomacy
https://bit.ly/3iJTsTu
Australian-Chinese writer Yang Hengjun has been allowed a meeting with his lawyer at a detention facility for the first time since being arrested in Guangzhou last January and charged with espionage. Yang told his family that he would fight to the end, refusing to admit a crime he did not commit. He believed his case would soon be brought to the court.
Feng Chongyi, a professor at the University of Technology Sydney and a friend of Yang, said Yang’s lawyer was allowed to meet him at a detention facility in Beijing on Thursday. Yang told his family that he is “innocent” and “will fight to the end.” “I will never confess to anything I didn’t do,” Yang said. “I will never plead guilty to any of the accusations. This is political persecution.” The Chinese authorities claimed that he had pleaded guilty, but Yang categorically denied having done so. He also hopes to appear in court to publicly respond to the charges against him while worrying that Beijing is spreading rumours that he has already confessed to the crime.
55-year-old Yang Hengjun was arrested at Guangzhou airport last January and formally charged with suspected espionage in March. Australia has since raised strong objections. His family has appointed Mo Shaoping, the Chinese human rights lawyer who defended Nobel Peace Prize winner Liu Xiaobo, to handle Yang’s case. Feng said that under the Chinese judicial system, there were six weeks left to bring Yang’s case to the court, adding that Yang had been questioned for a long time in detention. Elaine Pearson, director of Human Rights Watch Australia, said, ”The Chinese system is really geared around forced confession. This is a system where acquittals are very rare. It is dominated by the Chinese Communist Party with very few checks to stop the abuse of evidence.”
Source: Apple Daily #Sep04
#Australia #China #YangHengjun #Espionage #Law #Diplomacy
https://bit.ly/3iJTsTu
#DoYouKnow #BypassLegislation
Colonially-Revised Edition of the Law Ignored by HKSAR Government Since Transfer of Sovereignty
Before the handover, the colonial government reviewed the Crimes Ordinance 10 (1) to show the stance of common law, acts or publications with a seditious intention should “intend to cause violence or disrupt public security or cause chaos“ to be considered a crime. At that time, the pro-establishment camp has not started to participate in the drafting. The democratic camp supported the review, while then frontline Lau Wai-hing and lawmaker Margaret Ng supposed the complete abolishment of article 9 & 10.
The amendment bill was passed in LegCo in June 1997, with 23 votes for and 20 against. Yet, the government has not put the bill into effect since the handover, in addition to contradictions with Basic Law article 23, the Crimes Ordinance article 9 & 10 remain the same as the 1970 version, some articles can even be traced back to the 1938 original version.
Source: Citizen News
#Sep16 #ColonialGovernment #Revisions #Law #LegCo
Colonially-Revised Edition of the Law Ignored by HKSAR Government Since Transfer of Sovereignty
Before the handover, the colonial government reviewed the Crimes Ordinance 10 (1) to show the stance of common law, acts or publications with a seditious intention should “intend to cause violence or disrupt public security or cause chaos“ to be considered a crime. At that time, the pro-establishment camp has not started to participate in the drafting. The democratic camp supported the review, while then frontline Lau Wai-hing and lawmaker Margaret Ng supposed the complete abolishment of article 9 & 10.
The amendment bill was passed in LegCo in June 1997, with 23 votes for and 20 against. Yet, the government has not put the bill into effect since the handover, in addition to contradictions with Basic Law article 23, the Crimes Ordinance article 9 & 10 remain the same as the 1970 version, some articles can even be traced back to the 1938 original version.
Source: Citizen News
#Sep16 #ColonialGovernment #Revisions #Law #LegCo
眾新聞
煽動罪須證挑起暴力 大律師公會回歸前曾支持廢除
舉港獨標語觸犯煽動罪？眾新聞翻查資料，普通法案例表明必須引致暴力或大規模騷動才能構成「煽動意圖」，大律師公會及律師會在回歸前更支持建議廢除煽動罪。
#AhTo #Comics
A Conversation between 'Education', 'News', 'Law': "Trust the Government?"
Fig. 1
Education (in blue head cover) says to News (in grey head cover), “So long as we listen and obey…”
Fig. 2
Leaning in closer to News, Education continues, “We will be granted with certain freedoms.”
Fig. 3
Turning to Law (with head injuries), Education keeps saying, “Because if we die, Hong Kong will die with us. They won't do such a foolish thing.”
Fig. 4
The lion wearing a 0005 red shirt bitterly echoes with tears in its eyes, “You’re right … Who would be as foolish … (as me)?!”
Source: Ah To
#Education #MediaFreedom #Law #HSBC
A Conversation between 'Education', 'News', 'Law': "Trust the Government?"
Fig. 1
Education (in blue head cover) says to News (in grey head cover), “So long as we listen and obey…”
Fig. 2
Leaning in closer to News, Education continues, “We will be granted with certain freedoms.”
Fig. 3
Turning to Law (with head injuries), Education keeps saying, “Because if we die, Hong Kong will die with us. They won't do such a foolish thing.”
Fig. 4
The lion wearing a 0005 red shirt bitterly echoes with tears in its eyes, “You’re right … Who would be as foolish … (as me)?!”
Source: Ah To
#Education #MediaFreedom #Law #HSBC
The Standing Committee of the National People’s Congress passed the Anti-Foreign Sanctions Law; any individual who fails to cooperate with the countermeasures will be held accountable
The Standing Committee of the National People’s Congress of China closed today (10th June) in Beijing, according to the CCTV, the decision and proposal of Anti-Foreign Sanctions Law has passed during the meeting. Now, the proposal of Anti-Foreign Sanctions Law still has not published. European and American countries have been countered by Chinese government due to the issues of Xinjiang human rights, Hong Kong’s situation, and annunciation to sanction the Chinese and Hong Kong officials. According to the interview of Director Tian Feilong which podcasted by Now News, he described that proposal will be a “legal weapon” to counter external interference. And he said Hong Kong is necessarily to cooperate with the law, stated that after the law has been passed, it might be included in Annex III of Hong Kong’s basic law, or Hong Kong government may revise and formulate relevant local laws on its own.
The Anti-Foreign Sanctions Law also sets out, the relevant departments of the State Council can take measures, including not issuing visas, not allowing the entry, log-outing visas or even deporting; sealing up, seizing, and freezing movable, immovable, and other various properties in China; and prohibit or restrict organisations and individuals in China from conducting transactions and cooperation with them, etc.
Tian indicated, in the past, China faced sanctions mainly through the administrative measures of the Ministry of Foreign Affairs and the Ministry of Commerce, which were limited to the economic and foreign trade areas of the original Ministry of Commerce and blocked them. The individual countermeasures announced by the Ministry of Foreign Affairs are only administrative in nature. Therefore, it is necessary to improve the relevant legal system. He described the "Anti-Foreign Sanctions Law" as a "legal toolbox" to counter external interference, and to make countermeasures act in accordance with the law, forming a stronger law enforcement force.
Source: Stand News #Jun10
https://bit.ly/3izXfp6
#China #ForeignAffairs #Beijing #CCTV #Sanctions #HongKong #HumanRights #Xinjiang #Law #Visa #Deport
The Standing Committee of the National People’s Congress of China closed today (10th June) in Beijing, according to the CCTV, the decision and proposal of Anti-Foreign Sanctions Law has passed during the meeting. Now, the proposal of Anti-Foreign Sanctions Law still has not published. European and American countries have been countered by Chinese government due to the issues of Xinjiang human rights, Hong Kong’s situation, and annunciation to sanction the Chinese and Hong Kong officials. According to the interview of Director Tian Feilong which podcasted by Now News, he described that proposal will be a “legal weapon” to counter external interference. And he said Hong Kong is necessarily to cooperate with the law, stated that after the law has been passed, it might be included in Annex III of Hong Kong’s basic law, or Hong Kong government may revise and formulate relevant local laws on its own.
The Anti-Foreign Sanctions Law also sets out, the relevant departments of the State Council can take measures, including not issuing visas, not allowing the entry, log-outing visas or even deporting; sealing up, seizing, and freezing movable, immovable, and other various properties in China; and prohibit or restrict organisations and individuals in China from conducting transactions and cooperation with them, etc.
Tian indicated, in the past, China faced sanctions mainly through the administrative measures of the Ministry of Foreign Affairs and the Ministry of Commerce, which were limited to the economic and foreign trade areas of the original Ministry of Commerce and blocked them. The individual countermeasures announced by the Ministry of Foreign Affairs are only administrative in nature. Therefore, it is necessary to improve the relevant legal system. He described the "Anti-Foreign Sanctions Law" as a "legal toolbox" to counter external interference, and to make countermeasures act in accordance with the law, forming a stronger law enforcement force.
Source: Stand News #Jun10
https://bit.ly/3izXfp6
#China #ForeignAffairs #Beijing #CCTV #Sanctions #HongKong #HumanRights #Xinjiang #Law #Visa #Deport
立場新聞 Stand News
人大常委通過《反外國制裁法》 任何個人不配合反制將被追究 | 立場新聞
中國全國人大常委會今（10 日）午在北京閉幕，央視報道，會上表決通過《反外國制裁法》等草案和決定。《反外國制裁...
China is becoming more assertive in international legal disputes
IN EARLY JANUARY the Communist Party published a five-year plan for the development of “socialist rule of law with Chinese characteristics”. Most of the document is domestically focused, but one section is devoted to foreign matters. It calls on China to help shape international law, to turn itself into the first choice of jurisdiction when resolving cross-border disputes and to promote the use of Chinese law abroad.
Source: The Economist #Sep12
https://t.co/AzW7lB1Pz4
#China #CCP #Law #XiJinping
IN EARLY JANUARY the Communist Party published a five-year plan for the development of “socialist rule of law with Chinese characteristics”. Most of the document is domestically focused, but one section is devoted to foreign matters. It calls on China to help shape international law, to turn itself into the first choice of jurisdiction when resolving cross-border disputes and to promote the use of Chinese law abroad.
Source: The Economist #Sep12
https://t.co/AzW7lB1Pz4
#China #CCP #Law #XiJinping
#TonyeeChow #Court
Hong Kong Judge Questions Arrested Pro-democracy Barrister: Can You Access Internet in Jail?
Barrister Tonyee Chow Hang-tung is a pro-democracy activist in Hong Kong and the former Vice Chairperson of Hong Kong Alliance in Support of Patriotic Democratic Movements of China. The now-disbanded Alliance was known for organizing the annual June 4 vigil in Hong Kong to commemorate the victims of the Tianamen Square Massacre in Beijing in 1989.
She was arrested for state subversion by the Hong Kong authority.
The authority accused her of calling on citizens to participate in June 4th commemorative event in 2020, which was banned by the government. Chow was charged with "inciting others to participate in an unauthorised assembly".
The case was heard in Hong Kong's West Kowloon Magistrates' Courts by Judge Chan Wai-mun on October 5, 2021.
Chow, who has been detained since her arrest, stated that she would defend herself and make her own statement. She will argue whether it is constitutional to restrict the dispute to freedom and whether the related article she disseminsted can ce considered as an "incitement".
Due to the limited resources she has when on remand, Chow asked for one to two weeks' time for preparation.
The Judge then questioned her, “Where did you find the law books in jail? Can you access Internet?” The query made citizens attending the session laughed.
Chow responded that she would rely on her professional knowledge of law and seek help from friends.
Source: Stand News #Oct5
https://bit.ly/2ZXtBCZ
#June4 #HKASPDMC #Vigil #TiananmenSquareMassacre #Internet #ChowHangTung #CivilSociety #Law #Alliance
Hong Kong Judge Questions Arrested Pro-democracy Barrister: Can You Access Internet in Jail?
Barrister Tonyee Chow Hang-tung is a pro-democracy activist in Hong Kong and the former Vice Chairperson of Hong Kong Alliance in Support of Patriotic Democratic Movements of China. The now-disbanded Alliance was known for organizing the annual June 4 vigil in Hong Kong to commemorate the victims of the Tianamen Square Massacre in Beijing in 1989.
She was arrested for state subversion by the Hong Kong authority.
The authority accused her of calling on citizens to participate in June 4th commemorative event in 2020, which was banned by the government. Chow was charged with "inciting others to participate in an unauthorised assembly".
The case was heard in Hong Kong's West Kowloon Magistrates' Courts by Judge Chan Wai-mun on October 5, 2021.
Chow, who has been detained since her arrest, stated that she would defend herself and make her own statement. She will argue whether it is constitutional to restrict the dispute to freedom and whether the related article she disseminsted can ce considered as an "incitement".
Due to the limited resources she has when on remand, Chow asked for one to two weeks' time for preparation.
The Judge then questioned her, “Where did you find the law books in jail? Can you access Internet?” The query made citizens attending the session laughed.
Chow responded that she would rely on her professional knowledge of law and seek help from friends.
Source: Stand News #Oct5
https://bit.ly/2ZXtBCZ
#June4 #HKASPDMC #Vigil #TiananmenSquareMassacre #Internet #ChowHangTung #CivilSociety #Law #Alliance
“All about the Rule of Law, No Politics” The Seven-Step Checkmate on Protests - Myths of the Rule of Law and Controversy on Judicial Protests in Hong Kong
Translated by the Guardians of Hong Kong - Sept 5, 2021September 07, 2021
"I was really surprised to hear someone say today that the government should be careful not to weaponize the National Security Law (NSL). The NSL is a legal provision that protects national security and the security of Hong Kong. To a certain extent, it can be said to be a weapon of the rule of law itself, punishing those who commit crimes.” - Carrie Lam, Chief Executive of Hong Kong on 8 August 2020
Read our fully translated article here:
https://telegra.ph/All-about-the-Rule-of-Law-No-Politics-The-Seven-Step-Checkmate-on-Protests---Myths-of-the-Rule-of-Law-and-Controversy-on-Judicia-09-07
Source: The Stand News #Jul01
#NSL #ChowHangTung #RuleOfLaw #CCP #Judiciary #Law #LegalProcess #PocketCrime #PRCLaw
https://bit.ly/3tmTpTO
Translated by the Guardians of Hong Kong - Sept 5, 2021September 07, 2021
"I was really surprised to hear someone say today that the government should be careful not to weaponize the National Security Law (NSL). The NSL is a legal provision that protects national security and the security of Hong Kong. To a certain extent, it can be said to be a weapon of the rule of law itself, punishing those who commit crimes.” - Carrie Lam, Chief Executive of Hong Kong on 8 August 2020
Read our fully translated article here:
https://telegra.ph/All-about-the-Rule-of-Law-No-Politics-The-Seven-Step-Checkmate-on-Protests---Myths-of-the-Rule-of-Law-and-Controversy-on-Judicia-09-07
Source: The Stand News #Jul01
#NSL #ChowHangTung #RuleOfLaw #CCP #Judiciary #Law #LegalProcess #PocketCrime #PRCLaw
https://bit.ly/3tmTpTO