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#PoliceState
Hong Kong Alliance Chairpersons Charged with "Inciting Subversion of State"

On September 10, 2021, the Department of Justice (#DoJ) in Hong Kong laid charges of "Inciting subversion of state power" against the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, as well as its chairperson #LeeCheukYan, and co-chairs #AlbertHo and #ChowHangTung.

The Alliance was informed of the charges via the Hong Kong police, whose National Security department had yesterday carried off a large number of items from the Alliance's June 4 museum as evidence.

The case was brought to court on September 10, 2021. The court denied Chow's application for bail, while Lee and Ho have been detained for long under other charges relating to the pro-democracy movement.

[Editor's note: The same charge of "inciting subversion" were used by China against activists of the 1989 Tiananmen protests, which the Alliance commemorated in a candlelight vigil every year. It had not been applicable to Hong Kong until the introduction of the #NationalSecurityLaw in 2020.]

Source: NowTV; Stand News; Hong Kong Free Press #Sept10

https://thestandnews.page.link/zWbkF1EKaJhzPZJh6

https://www.facebook.com/hongkongfp/posts/4345088285578263

#June4 #Museum #WhiteTerror #WhiteWash #PoliticalSuppression #Intimidation #Regime #Tiananmen
Hong Kong Authorities to Delist Pro-democracy NGO from Registry

According to sources on September 10, 2021, the Secretary for Security #ChrisTang, who is the former police commissioner, is removing the pro-democracy group, The Hong Kong Alliance in Support of Patriotic Democratic Movements of China, from its company registration.

The Hong Kong authorities have launched a crackdown on the 31-year-old pro-democracy group, which is the key organizer of the annual candle vigil at Hong Kong's Victoria Park, commemorating the victims of the 1989 June 4 Tiananmen Massacre in Beijing.

Also on September 10, 2021, the Department of Justice (#DoJ) has charged the chairpersons of the group, including #LeeCheukYan, #AlbertHo and #ChowHangTung, of "state subversion" under the #NationalSecurityLaw.

One day ago, the police raided the already-closed June 4 Museum, previously run by the group.

Source: MingPao #Sept10

https://news.mingpao.com/ins/%e6%b8%af%e8%81%9e/article/20210910/s00001/1631252317345/%e6%b6%88%e6%81%af-%e4%bf%9d%e5%ae%89%e5%b1%80%e9%95%b7%e9%81%8b%e7%94%a8%e6%ac%8a%e5%8a%9b-%e6%8a%8a%e6%94%af%e8%81%af%e6%9c%83%e5%89%94%e5%87%ba%e8%a8%bb%e5%86%8a%e5%85%ac%e5%8f%b8%e5%90%8d%e5%86%8a

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National Security Police Raids #June4 Museum in Hong Kong, Damaging Exhibits and Locking Out Owner

https://t.me/guardiansofhongkong/31004

#HongKongAlliance Chairpersons Charged with "Inciting Subversion of State"

https://t.me/guardiansofhongkong/31008
September 11, 2021: Blatant Crackdown on Civil Society Continues in Hong Kong

The Hong Kong Alliance in Support of Patriotic Democratic Movements of China, the organizer of the annual candlelight virgil commemorating the 1989 June 4 Tiananmen Square Massacre, has been the target of the Hong Kong authorities.

On September 9, 2021, the #NationalSecurityPolice raided the June 4 Museum, formerly operated by the group.

https://t.me/guardiansofhongkong/31004

One day later, the Department of Justice (#DoJ) charged the chairpersons of the group, including #LeeCheukYan, #AlbertHo and #ChowHangTung, of "state subversion" under the #NationalSecurityLaw.

Read more:
https://t.me/guardiansofhongkong/31008

On the same day, the Hong Kong government tried to remove the group from the register.

Read more:
https://t.me/guardiansofhongkong/31012

Image: vawongsir #Sept11

#StateTerrorism #911 #NationalSecurityLaw #Injustice
#Court
"Joint Enterprise" Not Applicable to #Rioting, Hong Kong Top Court Rules; "Only Restoring What the Government Illegally Changed", Says Hongkonger

Hong Kong's Court of Final Appeal handed down a landmark verdict on November 4, 2021, ruling that people not physically present at a riot or unlawful assembly cannot be charged under the common law doctrine of "joint enterprise".

This ruling had far-reaching implications, as the government had charged large numbers of protesters in the Anti-ELAB Movement with these two offenses.

In September 2020, the Department of Justice (#DoJ) submitted an appeal to seek clarification on the principle of joint enterprise stemming from #ElaineTo and #HenryTong’s case, where the couple was acquitted of rioting.

See also: Chanting protest slogan at home could risk an offence of rioting, legal practitioner warns (Sept 28, 2020)
https://t.me/guardiansofhongkong/25567

If the principle were applicable, then supporters in roles such as sentries, drivers, and being in charge of supplies may become at risk to being found guilty for rioting as secondary offenders, even though they were physically far from the scene of the riot. The verdict ruled otherwise. However, the Court of Final Appeal also emphasized that those who “promote or act in furtherance” of an illegal assembly or riot may still be liable to face charges if they committed "secondary and inchoate liability offences", whether they were present or not.

Henry Tong, one of the two pro-democracy activists who submitted the appeal, said that the verdict was reasonable, and he was satisfied with the results. He noted that the successful appeal merely restores the law to what it was before the DoJ had tried to "make illegal changes" to it.

He admitted that he had been very nervous in the few days leading up to the verdict and had trouble sleeping, and is now quite tired. However, he was glad that today brought some positive energy to friends in these difficult times.

It had been more than a year since the DoJ made its appeal, and he had now finished what he could do, he said. However, he noted that the broader situation of Hong Kong is still changing. "It feels terrible to watch my hometown fall apart," he said.

He took a more positive tone in his Facebook post about the verdict, however, exhorting Hongkongers to keep on: "If we can restore what had gone bad in the areas in the reach of each of us, then Hong Kong has a chance to be restored."

#CourtOfFInalAppeal #Verdict #JointEnterprise

Sources:
- Citizen News #Nov4
https://bit.ly/3q5ldMF

- Court of Final Appeal Press Release (Chinese):
https://legalref.judiciary.hk/doc/judg/html/vetted/other/en/2021/FACC000006_2021_files/FACC000006_2021CS.docx

- Henry Tong's Facebook
https://www.facebook.com/108379573919637/posts/594304725327117/
#Court
Police Allegedly Frames and Traps Hong Kong Student for Transporting "Petrol Bombs"

A 21-year-old student was found to have two #PetrolBombs with him when he was stopped and searched by the police near Kwai Chung Police Station in Hong Kong on the night of April 13, 2020.

The case is, however, not that straightforward. A police sheriff, who had a past record of obstruction of justice, was suspected to have framed and trapped the student.

Despite this, the Department of Justice (#DOJ) did not arrest the sheriff, but prosecuted the student over the charge over "possession of offensive weapons". The student rejected the charge, as he was only told to carry two bottles of "red wine". The case was presented in court on October 31, 2021.

The sheriff was not on the witness list, so the defence requested to summon him to the court as a witness on the next day. The court was required to warn the police that his testimony might lead him to be prosecuted.

In addition, the defence also revealed that the police had failed to bring in a key witness who was the one asking the defendant to bring two bottles of "red wine," which were petrol bomb in disguise, to the location involved.

According to a source, when the middle man was arrested, he revealef that the sheriff involved had asked him to find a "fool" to frame and trap. This was how the entire case is disclosed.

The prosecutor summoned a police officer of Kwai Chung Task Force. The officer said that the sheriff had joined the team for more than a month. On the day before the incident, the sheriff mentioned a piece of intelligence that there would be a person hiding petrol bombs in the flower rack in Kwai Fong Estate, and asked the team members to take special care of it. However, the sheriff suddenly disappeared for more than one hour in that evening, until the defendant was arrested.

Source: Stand News #Oct31
https://bit.ly/3vKVASc

#PlantingEvidence #PoliceState #Regime #PetrolBomb #RedWine
#Court
Police Allegedly Frames and Traps Hong Kong Student for Transporting "Petrol Bombs"

A 21-year-old student was found to have two #PetrolBombs with him when he was stopped and searched by the police near Kwai Chung Police Station in Hong Kong on the night of April 13, 2020.

The case is, however, not that straightforward. A police sheriff, who had a past record of obstruction of justice, was suspected to have framed and trapped the student.

Despite this, the Department of Justice (#DOJ) did not arrest the sheriff, but prosecuted the student over the charge over "possession of offensive weapons". The student rejected the charge, as he was only told to carry two bottles of "red wine". The case was presented in court on October 31, 2021.

The sheriff was not on the witness list, so the defence requested to summon him to the court as a witness on the next day. The court was required to warn the police that his testimony might lead him to be prosecuted.

In addition, the defence also revealed that the police had failed to bring in a key witness who was the one asking the defendant to bring two bottles of "red wine," which were petrol bomb in disguise, to the location involved.

According to a source, when the middle man was arrested, he revealef that the sheriff involved had asked him to find a "fool" to frame and trap. This was how the entire case is disclosed.

The prosecutor summoned a police officer of Kwai Chung Task Force. The officer said that the sheriff had joined the team for more than a month. On the day before the incident, the sheriff mentioned a piece of intelligence that there would be a person hiding petrol bombs in the flower rack in Kwai Fong Estate, and asked the team members to take special care of it. However, the sheriff suddenly disappeared for more than one hour in that evening, until the defendant was arrested.

Source: Stand News #Oct31
https://bit.ly/3vKVASc

#PlantingEvidence #PoliceState #Regime #PetrolBomb #RedWine
#Court
Hong Kong Authorities Might Postpone
#NationalSecurityLaw Court Case to 2022, Detaining 33 Key Dissidents for 1 Year Before Trial

On November 14, 2021, Hong Kong's Department of Justice (#DoJ) requested the courts to postpone the National Security Law (#NSL) cases of 47 pro-democracy figures who had participated in the 2020 primary election to February 2022.

This means that 33 of them will have been held in prison for an entire year, without any bail, before their trial can begin.

In March 2021, Hong Kong authorities arrested 47 key pro-democracy figures, including around a dozen of elected lawmakers. The defendants were accused of conspiracy to commit subversion in connection with the primary polls the pro-democracy camp held in the summer of 2020 to pick candidates for the Legislative Council (#LegCo) Elections that was cancelled by the government in the end.

While 14 of them have been released on bail ahead of their trial, 33 had been on remand for almost a year.

#PrimaryElection #PoliceState #Regime #Jail #PoliticalProsecution

Source: InmediaHK; #Nov14
https://bit.ly/3wKeNni
#WhiteTerror #PoliceState
HK authorities issued arrest warrants for two democrats in exile


Former Democratic Party legislator #TedHui and former district councillor #YauManChun of Hong Kong are now wanted by the Independent Commission Against Corruption (#ICAC) for "allegedly calling on people to boycott and cast blank votes" in the upcoming Legislative Election.

The Department of Justice (#DoJ) of the Hong Kong government claimed that there was "sufficient evidence" to prosecute the two after an investigation into their social media posts.

Both Hui and Yau have declared they were in self exile and no longer in Hong Kong. Hui is currently in Australia and Yau is in the United Kingdom.

Source: InMediaHK; #Nov29
https://bit.ly/3FZoZvY

#LegCoElection #LegCo #BlankVote #BoycottElection #Exile #Regime
#612HumanitarianFund #NationalSecurityLaw
612 Fund Trustees and Secretary Plead Not Guilty for "Non-registered organisation" Charge


Five trustees of the 612 Humanitarian Relief Fund, which stopped operation last year, was arrested by National Security police earlier and were accused of "conspiracy to collude with foreign forces or foreign forces". They were were all granted bail, pending investigations.

The five trustees are: Joseph Zen Ze-Kiun (90 years old), a Cardinal of the Catholic Church, Dr. Margaret Ng Ngoi-yee (74), a practising barrister, Dr. Po-Keung Hui, a former Adjunct Associate Professor in the Departure of Cultural Studies at the Lingnan University, Cyd Ho Sau-Lan (67, currently serving another protest-related sentence), a former LegCo member, and singer Denise Ho (45).

The trustees, as well as Sze Ching-Wee, the fund’s secretary, were accused of "failing to apply for registration or exemption from registration within the specified time" under the Society Ordinance and were on trial at West Kowloon Magistrates' Court this morning (23th).

All six defendants pleaded not guilty, and a hearing is scheduled for Sept 19-23.

Barrister Robert Pang, who represented the six, criticized the persecution for expanding the list of witnesses from 9 to 17 at the last minute. He also raised the legal question of whether the 612 Humanitarian Relief Fund could be considered a "society", and said that this is the crux of the entire case.

Margaret Ng, one of the accused and also a veteran barrister, criticized the prosecution's lack of preparation: "Could you give us another copy of the brief facts? There's five of us, and we're sharing one copy." She also criticized the Department of Justice (#DOJ) for such an unprepared prosecution: "They only sent these [documents] to us right before court!"

When Cardinal Zen stepped out of court afterwards, supporters shouted encouragements to him: "Cardinal, hang on!" "Cardinal, take care!" "Cardinal, peace be with you!"

Source: Inmedia #May24
https://bit.ly/39PI5JO
https://bit.ly/3MI5WtL
Congressional-Executive Commission on China (#CECC) published a statement in mid-July, urging Biden to sanction 15 named #NSL prosecutors and the new Secretary of Justice.

Hong Kong government strongly condemns the "threats" as "reasonable bullying acts", claiming the CECC violates international principles.

#Sanction #DOJ #GoHKgraphics