Defendant's lawyer cannot arrive in court on time due to short notice
Three cases from police arrests made in the 22.9 Shatin protest were sent to court on September. One person was accused of flag desecration after stepping on the PRC's National Flag and throwing it
into a fountain. Three others were acused of rioting and one includes obstructing the police. All were released on bail.
A defendent's lawyer only received the notice 45 minutes before the court started and was unable to arrive on time. KO Wai-hung, the judge in charge claimed even the court has not received any documents for a case that is about to open. He reminded the Department of Justice, "The court cannot open a case whenever the Department of Justice requests to." Documents relating to the case and the defendent should also arrive on time; moreover sufficient time should be allowed for the notification to be sent to the legal representatives.
Source: InMedia
#Courtcase
Three cases from police arrests made in the 22.9 Shatin protest were sent to court on September. One person was accused of flag desecration after stepping on the PRC's National Flag and throwing it
into a fountain. Three others were acused of rioting and one includes obstructing the police. All were released on bail.
A defendent's lawyer only received the notice 45 minutes before the court started and was unable to arrive on time. KO Wai-hung, the judge in charge claimed even the court has not received any documents for a case that is about to open. He reminded the Department of Justice, "The court cannot open a case whenever the Department of Justice requests to." Documents relating to the case and the defendent should also arrive on time; moreover sufficient time should be allowed for the notification to be sent to the legal representatives.
Source: InMedia
#Courtcase
Man Attacking Students and Injuring Their Teacher Sentenced to Two Months in Prison, Despite Past Record of Violence
On September 9, secondary school students across Hong Kong formed human chains in protest of the government.
Outside Cognitions College, a 65-year-old man brandished a box-cutter and attacked some students verbally. In the process, the man injured a teacher, leaving a wound that required 6 stitches on her hand.
The man was arrested and pled guilty to assault charges in
Kwun Tong court today (Oct 11). The judge sentenced the nan to two months in prison. The charge is a slap on the wrist, given the man’s colourful criminal history - 26 criminal records, 9 of which were violent in nature.
Source: RTHK
[Case for Comparison]
13-year-old detained for 27 days; no charge was made
https://t.me/guardiansofhongkong/8132
#CourtCase #HumanChain #Attack
On September 9, secondary school students across Hong Kong formed human chains in protest of the government.
Outside Cognitions College, a 65-year-old man brandished a box-cutter and attacked some students verbally. In the process, the man injured a teacher, leaving a wound that required 6 stitches on her hand.
The man was arrested and pled guilty to assault charges in
Kwun Tong court today (Oct 11). The judge sentenced the nan to two months in prison. The charge is a slap on the wrist, given the man’s colourful criminal history - 26 criminal records, 9 of which were violent in nature.
Source: RTHK
[Case for Comparison]
13-year-old detained for 27 days; no charge was made
https://t.me/guardiansofhongkong/8132
#CourtCase #HumanChain #Attack
#CourtCase
Unlawful Assembly Cases on 11 August Heard on Oct 23; Suspects were Strip Searched
16 people were charged with unlawful assembly during conflict with the police at Tsim Sha Tsui on August 11. 1 person was charged with rioting. The case was heard yesterday (Oct 23) at Kowloon City Magistrates' Courts.
According to the defense attorney, three female suspects were brought to a detention cell of the court and stripped completely when searched by officers.
Source: In-Media
Unlawful Assembly Cases on 11 August Heard on Oct 23; Suspects were Strip Searched
16 people were charged with unlawful assembly during conflict with the police at Tsim Sha Tsui on August 11. 1 person was charged with rioting. The case was heard yesterday (Oct 23) at Kowloon City Magistrates' Courts.
According to the defense attorney, three female suspects were brought to a detention cell of the court and stripped completely when searched by officers.
Source: In-Media
Teenager With laser pen convicted of "possession of offensive weapons” After the Judge changed the Charge
A 15-year-old boy having carried a laser pen with him is convicted after the magistrate replaced the original charge with a more serious one: He is originally accused of possessing "any instrument fit for unlawful purposes, with intent to use the same for unlawful purposes” (Cap. 228) and now convicted of "possession of offensive weapons”.
The ruling has shocked many: Lawmaker and lawyer James TO Kun-sun is worried about the consequence of the case in furthering police abuse of power.
The magistrate ruled the case considering the defendant’s possible intention to point laser pen at policemen or others. James TO indicated that it is unreasonable of the court to deduce the defendant’s intent just by the possession of objects like helmets and gloves.
Source: The Stand News, Nov 7 http://bit.ly/32oHWnl
#CourtCase #HongKongLaw #RuleofLaw #HongkongPolice #HongKongProtests
A 15-year-old boy having carried a laser pen with him is convicted after the magistrate replaced the original charge with a more serious one: He is originally accused of possessing "any instrument fit for unlawful purposes, with intent to use the same for unlawful purposes” (Cap. 228) and now convicted of "possession of offensive weapons”.
The ruling has shocked many: Lawmaker and lawyer James TO Kun-sun is worried about the consequence of the case in furthering police abuse of power.
The magistrate ruled the case considering the defendant’s possible intention to point laser pen at policemen or others. James TO indicated that it is unreasonable of the court to deduce the defendant’s intent just by the possession of objects like helmets and gloves.
Source: The Stand News, Nov 7 http://bit.ly/32oHWnl
#CourtCase #HongKongLaw #RuleofLaw #HongkongPolice #HongKongProtests
#CourtCase
High Court rules that the ERO and Anti Mask Law are unconstitutional and “harming public safety"
1500 High Court
On October 4, the Hong Kong SAR government drew on her emergency powers and effected a mask ban by bypassing the legislature. After the imposition, 24 Pan-democracy lawmakers, along with ex-councilor Leung Kwok-hung, applied for a judicial review on the mask ban. The High Court ruled today (Nov 18) that the mask ban was unconstitutional, that the act is "beyond necessary".
The verdict stated that although the Emergency Regulations Ordinance granted the executive council and the Chief Executive the powers to draw new legislations without the consent of the legislative council, the measures set out in the anti-mask law infringe basic human rights and are beyond necessary, making the ban unconstitutional.
After the ruling is established, the HKPF announced that it won't enforce the ban any longer.
Source: Now News #Nov18
[Case Id: HCAL2945, 2039/19]
High Court rules that the ERO and Anti Mask Law are unconstitutional and “harming public safety"
1500 High Court
On October 4, the Hong Kong SAR government drew on her emergency powers and effected a mask ban by bypassing the legislature. After the imposition, 24 Pan-democracy lawmakers, along with ex-councilor Leung Kwok-hung, applied for a judicial review on the mask ban. The High Court ruled today (Nov 18) that the mask ban was unconstitutional, that the act is "beyond necessary".
The verdict stated that although the Emergency Regulations Ordinance granted the executive council and the Chief Executive the powers to draw new legislations without the consent of the legislative council, the measures set out in the anti-mask law infringe basic human rights and are beyond necessary, making the ban unconstitutional.
After the ruling is established, the HKPF announced that it won't enforce the ban any longer.
Source: Now News #Nov18
[Case Id: HCAL2945, 2039/19]
#CourtCase
Hong Kong's High Court Allows Appeal by the Government: Citizens will remain restricted from Civic Square
The High Court’s Appeals Division issued a written judgement on Feb 14, allowing the government’s appeal for their restrictions for the east wing of the government quarters commonly known as the “Civic Square”, or literally a square for all civilians.
On the eve of Umbrella Movement in July of 2014, dozens of civilians attempted to enter the Square in a rally in protest of the government's issurance of funding to develop the northeastern New Territories of Hong Kong.
The authorities have since closed off the Square and had fences installed. Citizens are banned from entering from Monday to Saturday, whereas on Sundays and public holidays, citizens will have to apply and get an approval to use the space for any rally or activities.
Cheung Tak-wing, a retired photographer believes that these measures have restricted the freedom of speech and assembly of Hong Kong citizens. He submitted a judicial review in 2014, and judge Thomas Au Hing-Cheung of the High Court ruled against the government-imposed restrictions on the area in 2018.
However, the Department of Justice later appealed.
The High Court’s Appeals Division issued a ruling on 14 Feb allowing the government’s appeal and Cheung will be required to pay the cost.
The Chief Judge of the High Court Jeremy Poon Shiu-chor, Vice-President of the Court of Appeal of the High Court, Johnson Lam and Justice of Appeal of the Court of Appeal of the High Court Justice Aarif Tyebjee Barma unanimously ruled that the Administration Department's appeal was allowed, referring to the constitutional measures of the Administration Wing are helpful in order to maintain the "orderly operation of the legislative building".
Source: Stand News #Feb14
http://bit.ly/37nLIjh
#CivicSquare #JudicialReview
Hong Kong's High Court Allows Appeal by the Government: Citizens will remain restricted from Civic Square
The High Court’s Appeals Division issued a written judgement on Feb 14, allowing the government’s appeal for their restrictions for the east wing of the government quarters commonly known as the “Civic Square”, or literally a square for all civilians.
On the eve of Umbrella Movement in July of 2014, dozens of civilians attempted to enter the Square in a rally in protest of the government's issurance of funding to develop the northeastern New Territories of Hong Kong.
The authorities have since closed off the Square and had fences installed. Citizens are banned from entering from Monday to Saturday, whereas on Sundays and public holidays, citizens will have to apply and get an approval to use the space for any rally or activities.
Cheung Tak-wing, a retired photographer believes that these measures have restricted the freedom of speech and assembly of Hong Kong citizens. He submitted a judicial review in 2014, and judge Thomas Au Hing-Cheung of the High Court ruled against the government-imposed restrictions on the area in 2018.
However, the Department of Justice later appealed.
The High Court’s Appeals Division issued a ruling on 14 Feb allowing the government’s appeal and Cheung will be required to pay the cost.
The Chief Judge of the High Court Jeremy Poon Shiu-chor, Vice-President of the Court of Appeal of the High Court, Johnson Lam and Justice of Appeal of the Court of Appeal of the High Court Justice Aarif Tyebjee Barma unanimously ruled that the Administration Department's appeal was allowed, referring to the constitutional measures of the Administration Wing are helpful in order to maintain the "orderly operation of the legislative building".
Source: Stand News #Feb14
http://bit.ly/37nLIjh
#CivicSquare #JudicialReview
#CourtCase
Civilian Injured by the Police Brings Case to Court: Fight for Justice
Police's actions have been repeatedly questioned in the ongoing pro-democracy movement.
On 31 December 2019, Mr Chong, a food delivery driver crashed when dodging riot police officers in action. The crash injured the tendon of his right arm. He is now applying for legal aid at the Legal Aid Department, suing the Commissioner of Police.
Mr Chong acknowledges that the chance of success at the proceedings is low, but still hopes to - in his own words - 'fight for justice, and to restrain the violent acts done by the police'.
Source: Stand News #Mar9
Civilian Injured by the Police Brings Case to Court: Fight for Justice
Police's actions have been repeatedly questioned in the ongoing pro-democracy movement.
On 31 December 2019, Mr Chong, a food delivery driver crashed when dodging riot police officers in action. The crash injured the tendon of his right arm. He is now applying for legal aid at the Legal Aid Department, suing the Commissioner of Police.
Mr Chong acknowledges that the chance of success at the proceedings is low, but still hopes to - in his own words - 'fight for justice, and to restrain the violent acts done by the police'.
Source: Stand News #Mar9