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We provide translation of news in English from local media and other sources, for academic use.
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Department of Justice dropping the charge of a police relative who was in possession of illegal drugs while pressing charge on a student who was in possession of merely a rubber tube

#Judiciary #Drug #PoliceState
#Court #Complaint
#Judiciary Annual Report 2020 reveals 91% of complaint cases concerning 1 pro-establishment judge's biased verdict

Source: Stand News, #Jan11

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#Court #Complaint
#Judiciary Annual Report 2020 reveals 91% of complaint cases concerning 1 pro-establishment judge's biased verdict

On January 11, 2021, the Hong Kong Judiciary released its Annual Report 2020, in which it acknowledged a significant increase in the number of complaints against judges and members of the judiciary during the year of report.

As at 30 September 2020, there were 4,700 complaints, the highest number since 2002. The upsurge stemmed mainly from one case (4,286 complaints) which accounted for 91% of all complaints.

The annual report stated that the complaint case involved a District Court judge and his verdict on one pro-ELAB protest incident was considered biased. It also stated that the Chief Justice has reviewed this case and conceded that the District Judge's comment could have compromised the public's confidence in the independence and impartiality of the judiciary. The concerning judge was then being excluded from handling cases involving a similar political context.

It was suspected that the mentioned case concerned #KwokWaiKin’s verdict on Taipo #LennonWall attack last April. In Kowk’s verdict, he described the defendant was himself a "victim" of the anti-government unrest and he praised him for turning himself in as “showing noble qualities”.

#HKProtest

Source: Stand News, #Jan11

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Read more about the District Judge’s verdict concerning Taipo Lennon Wall Attack

District Judge Praises Defendent who Attacked Pro-Democracy Protesters for "'Displaying Noble Qualities”
https://t.me/guardiansofhongkong/19826
#Court #Regime #Judiciary
Pleading for the First #NationalSecurityLaw Conviction -- Hongkonger Raises Sign in Silence: "If there is no jury, does #CommonLaw still exist?"

Source: InMedia HK #Jul29

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#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

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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
#Court #TongYingKit
Inside the Surreal Trial of the ‘Most Benevolent Terrorist in the World’

[Editor's note: A 24-year-old Hongkonger Tong Ying-kit was the first person charged with the National Security Law, after he rode a motorbike towards the police. He was convicted on July 27, 2021 of "terrorism and inciting secession". The court sentenced him to nine years in jail.]


//A Hong Kong judge has now spoken candidly with VICE World News about what they considered to be an alarming outcome in Tong’s case. As the de facto test case of the new law, Tong was found guilty of terrorism and inciting secession, for which he was sentenced to nine years in jail. 

“Privately, I felt this case was unfair. This is not how the law should work,” the judge said during an exclusive interview.

Tong’s case offered a glimpse of a once-proud institution in a crisis of confidence. 

The judge, who spoke to VICE World News anonymously due to the sensitivity of the matter, said that the court relied on a “questionable” understanding of criminal law concepts and sentenced Tong too harshly. That assessment was based on the judge’s prior experience, though they had no involvement in Tong’s trial.

“[Tong] didn’t do much of anything—he didn’t commit murder or arson,” the judge said wryly. “He is the most benevolent terrorist in the world.”//

Source: Vice #Sept20

Read the full article:
https://www.vice.com/en/article/93y47p/hong-kong-national-security-trial-tong-ying-kit

#NationalSecurityLaw #StateTerrorism #Judiciary
“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
#Judiciary
US Report Condemns Judges Handpicked for National Security Cases in Hong Kong: Judiciary Independence "In Name Only"

Source: RFA #Nov19

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#Judiciary
US Report Condemns Judges Handpicked for National Security Cases in Hong Kong: Judiciary Independence "In Name Only"

The United States-China Economic and Security Review Commission (#USCC) released its annual report to the US Congress on November 18, 2021.

In the Chapter on Hong Kong, the Commission stated that Hong Kong's judiciary independence has been impaired under Beijing's imposition of the #NationalSecurityLaw.

The report also criticized that the judge's impartiality in handling national security law cases has been questioned. The report especially named three judges involved in such cases. They are District Court Judge Stanley CHAN Kwong-chi; Magistrate Victor SO Wai Tak; and judge Johnson Lam. These pro-establishment judges are handpicked by the Hong Kong authorities to handle national security charges.

The report reiterated that the National Security Law has impaired media freedon and subverted Hong Kong's social and political environment. The report pointed out that the independence of the judiciary in Hong Kong was "in name only," as the judiciary is no longer impartial especially when dealing with cases relating to the Chinese government under National Security Law.

To make It worse, Beijing decides which judges in which jurisdiction to trial national security cases, so as to ensure an outcome that is what the Chinese Communist Party (#CCP) wants. 

While US and Taiwan scholars commented that the possibility for the US to impose sanctions against Hong Kong judges shall not be ruled out, it takes time to evaluate the strategy. In any case, the "distrust" of the rule of law in Hong Kong will continue to be a concern of foreign companies and will seriously weaken Hong Kong's business status.

Full report:
https://www.uscc.gov/sites/default/files/2021-11/2021_Annual_Report_to_Congress.pdf

Source from: RFA #Nov19
https://www.rfa.org/cantonese/news/htm/us-hk-11192021072903.html/ampRFA

#PoliceState #Freedom #USCongress #Beijing #Report #Court #Judges
#Save47 #Court
After One Year of Detention, Prosecution Documents Are Still Not Ready

As of November 2021, most of the "47 democrats" in Hong Kong have been detained for 8 months after being arrested for "conspiring to subvert state power" under the #NationalSecurityLaw (#NSL). They were charged over the #PrimaryElection which was held on July 11 and 12, 2020.

On November 29, 2021, a trial took place at the West-Kowloon Magistrates' Court in Hong Kong.

The defence informed the magistrate about their intention of confessing their accusation.

One of the defendants told the magistrate #LawTakChuenPeter that he has dismissed his legal aid counsel and would defend himself. He also made a complaint about the prosecutor who failed to provide him with the relevant documents about his case.

During the trial, most of the time was spent in reporting the progress of translation and document verification. Likewise, most debates are about the document preparation progress of the prosecution and the time they have spent, considering that the defendants have been detained for nearly one year.

After the tug-of-war between the defence and the prosecution, the magistrate asked the Chief Prosecutor #LoTinWaiAndy to set up a timeline and submit their documents accordingly.

The court proposed the next trial date, Feb 8, 2022, for some defendants tentatively. However, the timetable of tge prosecutor was yet to be confirmed.

In the next hour in court, the defence and the prosecution had disputes over the time when documents related to "summary of facts" and the "allegations" would be completed. They both had a different timeframe in mind.

While some defendants would be mentioned Feb 8, 2022, all of them will be presented in court in March 4, 2022. This means the democrats would have been detained for more than a year when the next trial takes place.

Source: You are not alone Telegram Channel #Nov29

https://t.me/youarenotalonehk_live/18823

Image: Stand News
https://thestandnews.page.link/HrCv1WBSzAsT6nw99

#Regime #FailedState #Judiciary #Arrest #47Democrats
Up to end of April 2022, in Hong Kong around 190 Anti-ELAB related court cases are still yet to be processed. The longest trial has even exceeded 500 days.

#CourtNews #AntiELAB #Judiciary #GoHKgraphics #Infographics