#Court #RuleByLaw #Regime #Justice
Department of Justice Cites Unenacted #Article23 in Hong Kong Court
Source: Apple Daily #Feb2
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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/
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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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/
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
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
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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#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/
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/
Hong Kong Free Press HKFP
Hong Kong lawyers create court database of protest-related cases in bid to safeguard rule of law
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 …
#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 (ĺ˝čŁ•č¬™) 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
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 (ĺ˝čŁ•č¬™) 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