“Political Persecution” not "Political Prosecution" - a message from an arrested pro-democracy legislator

[Editor's note: This is a post written by Au Nok-hin, a former legislator, who was among those pro-democracy politians arrested by the Hong Kong Police on April 18. Au was convicted earlier for "assaulting the police" with a loudspeaker.]

"I am not as strong as everyone thinks. This is the third time they have arrested me - assaulting police, contravening powers and privileges of legislative council and this time for illegal assembly. I feel numb watching these never-ending procedures in police station - a slow and interminable torment.

I really don't know why but a large group of police officers showed up again at my door and ask to search my phone. When is the next time? (Here is a peculiar side story during the arrest - My lawyer wanted to see me privately in my apartment, and the police were concerned that I might jump out of the window.)

My apologies as I can’t say anything more positive. I heard that Margaret Ng brought with her a book to read, China's National Security: Endangering Hong Kong's Rule of Law? I only took the book I have read for many times, The Political Effects of an Election System, co-authored by Ma Ngok and Choi Tse-keung.

Recently, I have been working hard on a piece of writing … I have to deliver, I have to deliver, I have to deliver. Frankly, my heart is heavy for sure but what must be done will be done, nothing will dampen my spirit and drive to deliver. This is an expectation and a mission.

Let’s share our weal and woe together. Let us stand strong.

(My phone has been confiscated, so I am relying on this screenshot to let you know that I am safe.)"

Source: Au Nok-hin’s Facebook 19 April 2020

#Apr19 #PoliticalPersecution #WhiteTerror #PoliceState #AuNokHin

Mass Arrest and Political Repression of Pro-democracy Heavyweights on Apr 18
https://t.me/guardiansofhongkong/19615

Loss of Autonomy? Hong Kong Government Follows Beijing to Revise Stance on Basic Law #Article22
https://t.me/guardiansofhongkong/19607

#Court
Pro-democracy activist Au Nok-hin sentenced to 140 hours of community service: Hongkongers should "speak the truth" in light of "difficult times for the rule of law"

Au Nok-hin, pro-democracy activist and ousted lawmaker, was sentenced to 140 hours of community service for "assaulting police" with a loudhailer during a protest on July 8, 2019. Au was accused of hurting an officer's ears by speaking too loudly through the device. It was previously told in the court that the look on Au's face at the time led the officer to fear a violent attack.

Speaking before the sentence on April 24, Au said he believes he is not guilty. He urged the people of Hong Kong to "speak the truth" in light of "difficult times for the rule of law".

Au was also one of 15 prominent pro-democracy figures arrested last Saturday and charged with organising and joining unauthorised anti-government protests last year. The 15, who also include barristers Martin Lee and Margaret Ng, and Apple Daily founder Jimmy Lai, are due in court in May 2020.

Source: RTHK #Apr24
#AuNokHin

#Court
Barrister on Fiat Requests to Be Heard Over Cyberharassment; Denied Due to Irrelevance to Case

Former legislator Au Nok-hin was sentenced to 140 hours of community services on April 24 2020 for "assaulting police" with a loudhailer during a protest on July 8, 2019.

Barrister on fiat Vivien Chan, who acts as prosecutor to the case on behalf of the Department of Justice, has been found with a Facebook account with her name which openly censured protesters, calling protesters "animals", "yellow corpses", while calling the judge a "useless piece of trash". Chan has not responded to the claims despite half a month had passed since the initial reporting of this news.

Source: Stand News #Apr24
#AuNokHin

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#Court
Barrister on Fiat Requests to Be Heard Over Cyberharassment; Denied Due to Irrelevance to Case

Former legislator Au Nok-hin was sentenced to 140 hours of community services on April 24 2020 for "assaulting police" with a loudhailer during a protest on July 8, 2019.

Barrister on fiat Vivien Chan, who acts as prosecutor to the case on behalf of the Department of Justice, has been found with a Facebook account with her name which openly censured protesters, calling protesters "animals", "yellow corpses", while calling the judge a "useless piece of trash". Chan has not responded to the claims despite half a month had passed since the initial reporting of this news.

After the session on April 24, Chan requested the court to put on record the harassment she and her family had received over the internet and her to be heard over for two minutes.

Magistrate Leung Ka-kie denied her request, stating that the case had been adjourned, and that the court was not certain as to the request's irrelevancy to the current case. Chan, however, was agitated and yelled, "it's my right to be heard."

Source: Stand News #Apr24
#AuNokHin

Read more:

Pro-democracy activist Au Nok-hin sentenced to 140 hours of community service: Hongkongers should "speak the truth" in light of "difficult times for the rule of law"
https://t.me/guardiansofhongkong/19801

Prosecutor with Outspoken Pro-Beijing Stance Allegedly Imposes Bias Against Pro-democracy Faction
https://t.me/guardiansofhongkong/19406

Future in doubt for those accused of assaulting police while power of police is protected by law

This is a Facebook post written by Au Nok-Hin, a pro-democracy district councillor who has actively participated in Hong Kong’s social movement. He was recently found guilty of assaulting a police officer back in August 2019. Last month, he was arrested for his involvement in several unauthorized assemblies.

https://telegra.ph/Future-in-doubt-for-those-accused-of-assaulting-police-while-power-of-police-is-protected-by-law-05-06

#AuNokHin #DistrictCouncillor #PoliceState #RuleOfLaw

#AuNokHin #Interview
Interview with Au Nok-hin

Convicted of assaulting a police officer for speaking through a megaphone, former district councillor Au Nok-hin talked about his case and experience with the judicial system. He also gave his perspective on the evolution of left wing politics in Hong Kong.

https://telegra.ph/Au-Nok-hin---Convicted-of-assaulting-a-police-officer-with-a-megaphone-Interview-06-29-2

Source: Stand News
#PoliceState #RuleOfLaw

#PoliticalPrisoners #PoliceState
Hong Kong #Court Jails Heavyweight Pro-Democracy Figures: 14 months for Jimmy Lai and 18 months for 'Long Hair'

On April 16, 2021, Hong Kong court jailed some heavy-weight pro-democracy figures for "organising and participating in unauthorized assembly" during the Anti-Extradition Law Amendment Bill (#AntiELAB) Movement in 2019.

August 18, 2019 marks one of the largest protests during the movement where pro-democracy Hongkongers walked peacefully in the heavy rain from Victoria Park to Central to express their voice.

The following are the jail terms announced by the distrct judge Amanda Woodcock :

#Longhair #Leung KwokHung: 18 months (the longest term)

#AppleDaily founder #JimmyLai: 14 months (*combinig with another case involving a protest on August 31, 2019)

Former lawmaker #LeeCheukYan: 14 months
(*combinig with another case involving a protest on August 31, 2019)

Former lawmaker #AuNokHin: 10 months

Former lawmaker #CydHo: 8 months.

Former lawmakers #MartinLee,
#MargaretNg, #AlbertHo and #YeungSum: suspended jail terms

Source: Stand News #Apr16
Photo: Nasha Chan

https://bit.ly/3tuIDKs

https://bit.ly/3dnoxMn

https://bit.ly/3e9lgiS

#HKProtests #PoliticalSuppression #JailTerm

#Court #PoliticalProsecution
Pro-democracy Singer Anthony Wong in Face of Political Suppression: "Sing on and Hang on, Hongkongers"

The authotities pressed charges on Hong Kong Cantopop star Anthony Wong and former pro-democracy lawmaker Au Nok-hin for "corruption" in connection to the Legislative Council by-election in 2018.

The ICAC claimed that Wong sang two songs at a rally organised by Au, who later won the election.

In court on August 5, 2021, The defence lawyer emphasized that Wong was not paid for the performance.

The prosecution then changed their tone and agreed to offer no evidence against Wong and Au. In the end, the court decided that the two would be bound over for 18 months in the sum of HK$2,000. Wong's charges would then be dismissed.

As a Cantopop icon and celebrity, Wong has been outspoken for his pro-democracy stance; while Au is already in prison for charges in related to the pro-democracy movement. Au is also one of the 47 democrats accused of violating the #NationalSecurityLaw for participating in the pro-democracy camp primaries in 2020.

Outside the court, Anthony Wong responded to media inquiry with a Cantopop song called "Ask me" written by legendary lyricist James Wong in 1976. In the part sung by Wong, the lyrics goes: "No matter how right or how wrong I am, I will face the outcome wholeheartedly; facing the world, whatever it comes, I am being myself."

Wong then told Hongkongers to "sing on and hang on".

Source: Stand News; RTHK #Aug5
https://fb.watch/7bpd6k0e-3

#Cantopop #AnthonyWong #AuNokHin #ICAC

#47Democrats #PrimaryElection #MassArrest
"To Plea or Not To Plea guilty" is a queation that suffocates defendants

47 lawmakers, academia, and activist are being suspected of organising and participating in the primary election in 2020. They are being accused of "conspiring subversion of state".

In the 139-page of case study, it revealed that 5 of the defendants were classified as "major organisers" - #BennyTai, a legal scholar; #AuNokHin, a former legislator; #ChiuKaYin and #ChungKamLun, former district council members; and #GordonNg, an activist.

Among them, only Gordon Ng decided to plea not guilty.

Gordon Ng Concern Group wrote a post on social media after the release of the restrictions on reporting the cases, referring to Ng's perspective that he is "definitely not believing" that he had violated the law,  and therefore, "I will face it despite being afraid”.

Ng said that he spent most of his time thinking about whether or not to plead guilty since being charged one and a half years ago. This question "makes him breathless" as his answer would most likely affect the second half of his life, with too many factors to consider.

He mentioned up until now, no defendant under the #NSL case has successfully been acquitted of their charges and described the space for discusiion, as an unknown as it required a lot of human and material resources. He asked, "is there a better way to use the resources spent on me?"

Ng understands that if he pleads guilty, his one-third of his original sentence may be cut. Yet, he is still unsure whether he is classified as a "main person", "with large crime" or "proactive participant". The category can seriously affect his sentence, from under three years to life imprisonment.

In addition, Ng stated that the case caught local and international attention, and as a result, he reflects on whether he has the responsibility to consider the view of civic society. He is an #Australian citizen, and the Australian government once published a statement raising concerns on the case. Therefore, he reflects, "Will my defence statement affect their views on the case?"

Gordon Ng admitted that he had no answer for most of his questions, but a fundamental question struck him - Do you think you had violated the law? "No, I absolutely don't think so. Therefore, I decide not to plead."

There is no way for him to get rid of the unknowns. He can only face it with courage. "I have prepared to fight for myself on the court. That is the largest battle in my life."

[Editor note: Gordon Ng is not a candidate for the election nor represents any political parties or organisations but a passerby on #LIHKG (named Lee Bak Lou, indicating liberal). He was the initiator of #LegCoPetition. It is a petition aimed to quantify people's voices and to call people to vote for the winners in the primary election and not to vote for candidates who do not support, participate or comply with the primary election. This petition puts pressure on candidates to adhere to the election results.]

Source: InMedia, GordonNgConcernGroup Facebook Page #Aug18

https://bit.ly/3Ctdhek
https://bit.ly/3Rb3rSD

Read more about the case:

Jan 6, 2021:
https://t.me/guardiansofhongkong/27802

Feb 28, 2021:
https://t.me/guardiansofhongkong/28799

Mar 1-2, 2021:
https://t.me/guardiansofhongkong/28876
.

#47Democrats #PrimaryElection #SubvertionofStatePower

#LawrenceLauWaiChung said, "Not guilty, sir," elegant as usual.

#LamCheukTing almost roared, "I don't plead guilty!"

#LeungKwokHung (a.k.a. #LongHair) said, "[I'm] Innocent. Plead not guilty."

#WinnieYuWaiMing raised her right hand and stated, "Not guilty."

The magistrate, Peter Law Tak Chuen, referred the 17 defendants to the High Court for trial.

The other 29 of them chose to plead guilty. Among them, #TiffanyYuenKaWai, #FrankieFungTatChuen, #CarolNgManYee, #GaryFanKwokWai and #HendickLuiChiHang, refused to agree all facts of the cases.

Everyone has a different way of pleading guilty:

#TiffanyYuen whispered, "Plead ah! (認呀！)."

#FergusLeungFongWai said with a tone of no choice, "Plead guilty lo! (認囉！)."

#FrankieFung said in Cantonese, "I plead guilty," then repeated in Mandarin, "I plead guilty, I know I was wrong,” causing the auditorium to laugh and #KwokKaKi thumbs up with a smile.

#LauChakFung just left his seat for the washroom, and somebody said, "he will plead guilty even in the toilet."

#JoshuaWong slowly spoke out, "Plead~ guilty~."

#LiKaTat shouted, "PG!"

#TamTakChi (a.k.a. #FastBeat) confidently said while brushing his hair, "I am 'handsome'" [Handsome has a similar sound as "plead" in Cantonese]

#WuChiWai followed, "Plead ah! (認呀！)," looking at #TamTakChi, and they both laughed.

#SamCheungHoSum declared, "I plead, I plead, I plead (認啊認啊認啊)" in one go.

#VentusLauWingHong said, "For the love of my country, I plead guilty," raising uproar among defendants.

Law, the magistrate, asked whether the 26 defendants agreed with the case.

#AuNokHin stood up at that moment and expressed heavily, "I confirmed the case, and I would like to apologise to all defendants because I could not ensure the election was legal." He then slightly bowed to the defendants.

#AndrewChiuKaYin also apologized, but expressionless, "I confirm the overall case, and I apologise to everyone who helped in the pre-election." Some defendants jeered, "What are you saying (講呢啲)?"

#TamTakChi (a.k.a #FastBeat) shouted as usual, "I agree with the plot!", followed by a severe facial expression, "I agree, I agree (同意啊、同意啊)," which brought laughter to the courtroom. He then turned around, spoke to #ClaudiaMo, "Yes, excellent!" and raised his arms to the air with thumbs up.

#LeslieShumOFai interrupted, "I am not a comedy actor."

The magistrates confirmed whether Tam agreed with the entire case. He answered, "Yes, then I agree with the full case." Law raises the question once more, "You agree?" "The plot? Yes." Tam replied

It is understood that there will be no jury at the trial. This case will be handled by three designed judges, as in the case of #TongYingKit. It reminds us of #OwenChowKaShing, who did not plead guilty and yelled at the court after the restriction on reporting was lifted, "Trial without a jury is unjust."

This was probably the most potent conclusion in West Kowloon Magistrates' Courts for a year and a half.

Source: InMedia #Aug18

https://www.inmediahk.net/node/%E7%A4%BE%E9%81%8B/%E3%80%90%E5%88%9D%E9%81%B847%E4%BA%BA%E6%A1%88%E3%80%91%E8%A8%98%E4%B8%80%E6%AC%A1%E9%95%B7%E5%9B%9B%E5%A4%A9%E7%9A%84%E7%AD%94%E8%BE%AF-%E6%9C%89%E4%BA%BA%E8%AA%AA%E7%AC%91%E3%80%81%E6%9C%89%E4%BA%BA%E8%87%B4%E6%AD%89?utm_source=dable