#RuleofLaw #HKBA
Chairman of HK Bar Association: Secretary for Justice Needs to Stop Unprincipled Attacks on #JudicialIndependence
In his speech marking the opening of the Legal Year on 11 January 2021, Chairman of the Hong Kong Bar Association, #PhilipDykes talked about judicial independence imperative to maintaining the Rule of Law in Hong Kong.
Dykes said his main concern were accusations that judges had acted out of partiality or bad faith “for no reason other than that they happened to decide a case one way rather than the other. Or because the result does not fit a political or moral agenda.”
He opined that these attacks on the judges “are pure poison” and it is the justice secretary’s responsibility to ensure accountability for these acts. He added, “If nothing is done about attacks, they will undermine confidence and respect for the courts and the administration of justice will slowly evaporate.”
Dykes stressed that “Without independent-minded lawyers, you will not have independent-minded judges.” “Independence at the Bar means being bold in defense and, where necessary, bold in aggression. It means barristers will take on unpopular causes and stick doggedly with them and not being swayed by negative opinions about them or their clients.”
He further elaborated that “the Judiciary is, notoriously, weaker than the other branches of Government whose functions, duties and powers are described in Chapter IV Basic Law”.
"The Judiciary commands no army or police force nor can it appeal to a sympathetic political electorate for support. It must demonstrate its worth in the constitutional order by commanding the people's respect through its commitment to the Rule of Law, which means, essentially, administering justice 'without fear or favour, self-interest or deceit."
"When there is a creeping barrage of baseless criticism that supposes that judges are politically biased, incompetent or dishonest, the damage is done not so much to the judges, who have broad backs, but to the Judiciary as an institution."
Dykes wrapped up his address hoping that “common sense prevails and that people see that conscienceless attacks on the Judiciary do no one any good. They eat away at society's respect for the Law, which is necessary for judicial independence.”
He carried on saying, "without judicial independence, a pearl of great price, we might as well pack up our bags and steal away for Hong Kong is nothing without it.”
Source: Stand News, #Jan11
=====
Read Philip Dykes’ full speech
Speech of the Chairman of the Hong Kong Bar Association, Philip Dykes SC, at the Opening of the Legal Year 2021, dated 11 January 2021
https://www.hkba.org/sites/default/files/20210111-Speech%20of%20Bar%20Chairman%20at%20Opening%20of%20Legal%20Year%202021%20%28E%29.pdf
Chairman of HK Bar Association: Secretary for Justice Needs to Stop Unprincipled Attacks on #JudicialIndependence
In his speech marking the opening of the Legal Year on 11 January 2021, Chairman of the Hong Kong Bar Association, #PhilipDykes talked about judicial independence imperative to maintaining the Rule of Law in Hong Kong.
Dykes said his main concern were accusations that judges had acted out of partiality or bad faith “for no reason other than that they happened to decide a case one way rather than the other. Or because the result does not fit a political or moral agenda.”
He opined that these attacks on the judges “are pure poison” and it is the justice secretary’s responsibility to ensure accountability for these acts. He added, “If nothing is done about attacks, they will undermine confidence and respect for the courts and the administration of justice will slowly evaporate.”
Dykes stressed that “Without independent-minded lawyers, you will not have independent-minded judges.” “Independence at the Bar means being bold in defense and, where necessary, bold in aggression. It means barristers will take on unpopular causes and stick doggedly with them and not being swayed by negative opinions about them or their clients.”
He further elaborated that “the Judiciary is, notoriously, weaker than the other branches of Government whose functions, duties and powers are described in Chapter IV Basic Law”.
"The Judiciary commands no army or police force nor can it appeal to a sympathetic political electorate for support. It must demonstrate its worth in the constitutional order by commanding the people's respect through its commitment to the Rule of Law, which means, essentially, administering justice 'without fear or favour, self-interest or deceit."
"When there is a creeping barrage of baseless criticism that supposes that judges are politically biased, incompetent or dishonest, the damage is done not so much to the judges, who have broad backs, but to the Judiciary as an institution."
Dykes wrapped up his address hoping that “common sense prevails and that people see that conscienceless attacks on the Judiciary do no one any good. They eat away at society's respect for the Law, which is necessary for judicial independence.”
He carried on saying, "without judicial independence, a pearl of great price, we might as well pack up our bags and steal away for Hong Kong is nothing without it.”
Source: Stand News, #Jan11
=====
Read Philip Dykes’ full speech
Speech of the Chairman of the Hong Kong Bar Association, Philip Dykes SC, at the Opening of the Legal Year 2021, dated 11 January 2021
https://www.hkba.org/sites/default/files/20210111-Speech%20of%20Bar%20Chairman%20at%20Opening%20of%20Legal%20Year%202021%20%28E%29.pdf
#Justice #InternationalCommunity
International Bar Association Questions the Legality of HK Police Force in Crackdown on the City’s Democratic Voices
International Bar Association (#IBA) issued a statement on January 21, 2021, reprimanding the Hong Kong Police Force for cracking down the city’s democrats.
The Force arrested over 50 pro-democracy activists in early January, 2021 on suspicion of National Security breach. The Association questioned legality for the force to arrest and detain them.
The Chinese Communist Party government’s willful imposition of the #NationalSecurityLaw in Hong Kong in July 2020 has sparked questions and challenges among International legal professionals.
Mark Ellis, Executive Director of the IBA told Apple Daily that the National Security Law has shown Beijing’s attempt to hasten its malicious influence over Hong Kong.
Ellis expressed that the so-called “one country two systems” framework is in a “precarious state”. He carried on saying that the National Security Law has undermined the rule of law in Hong Kong, and it would also jeopardize the city’s position as an international investment and financial centre.
He believed that unless the Chinese government overhauls the National Security Law, the international community should consider taking collective countermeasures against the Chinese government.
Source: Apple Daily, #Jan21
https://hk.appledaily.com/local/20210121/XRSSOGCA2RGIJHYPNWUNQCQN4M/
#Barrister #MarkEllis #RuleofLaw #CCP
International Bar Association Questions the Legality of HK Police Force in Crackdown on the City’s Democratic Voices
International Bar Association (#IBA) issued a statement on January 21, 2021, reprimanding the Hong Kong Police Force for cracking down the city’s democrats.
The Force arrested over 50 pro-democracy activists in early January, 2021 on suspicion of National Security breach. The Association questioned legality for the force to arrest and detain them.
The Chinese Communist Party government’s willful imposition of the #NationalSecurityLaw in Hong Kong in July 2020 has sparked questions and challenges among International legal professionals.
Mark Ellis, Executive Director of the IBA told Apple Daily that the National Security Law has shown Beijing’s attempt to hasten its malicious influence over Hong Kong.
Ellis expressed that the so-called “one country two systems” framework is in a “precarious state”. He carried on saying that the National Security Law has undermined the rule of law in Hong Kong, and it would also jeopardize the city’s position as an international investment and financial centre.
He believed that unless the Chinese government overhauls the National Security Law, the international community should consider taking collective countermeasures against the Chinese government.
Source: Apple Daily, #Jan21
https://hk.appledaily.com/local/20210121/XRSSOGCA2RGIJHYPNWUNQCQN4M/
#Barrister #MarkEllis #RuleofLaw #CCP
US urged Beijing to reinstate the qualifications of two lawyers in the Hong Kong 12 case and stop suppressing Taiwan
US State Department spokesperson Ned Price indicated on Tuesday (2 Feb), that the Biden administration is in no hurry to engage with China, and said it would do so once it was in “lockstep” with its allies and partners, only then there will be engagement in several areas with China. He also said the US government is deeply concerned by China's attempts to disbar lawyers appointed by families in “12 Hongkongers’ case”, urged Beijing to respect human rights. In addition, he said China should cease its military, diplomatic and economic pressure against Taiwan
Ned Price said on Twitter, that the United States is “deeply concerned by China's attempts to disbar and harass human rights lawyers Lu Siwei and Ren Quanniu for representing the Hong Kong 12. We urge Beijing to respect human rights and the rule of law and to reinstate their legal credentials at once.”
Source: The Stand News #Feb03
https://bit.ly/3bzgDxf
#China #Beijing #Taiwan #UnitedStates #NedPrice #BidenAdministration #HumanRights #RuleOfLaw #Save12 #Save12Youths
US State Department spokesperson Ned Price indicated on Tuesday (2 Feb), that the Biden administration is in no hurry to engage with China, and said it would do so once it was in “lockstep” with its allies and partners, only then there will be engagement in several areas with China. He also said the US government is deeply concerned by China's attempts to disbar lawyers appointed by families in “12 Hongkongers’ case”, urged Beijing to respect human rights. In addition, he said China should cease its military, diplomatic and economic pressure against Taiwan
Ned Price said on Twitter, that the United States is “deeply concerned by China's attempts to disbar and harass human rights lawyers Lu Siwei and Ren Quanniu for representing the Hong Kong 12. We urge Beijing to respect human rights and the rule of law and to reinstate their legal credentials at once.”
Source: The Stand News #Feb03
https://bit.ly/3bzgDxf
#China #Beijing #Taiwan #UnitedStates #NedPrice #BidenAdministration #HumanRights #RuleOfLaw #Save12 #Save12Youths
#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
======
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
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
======
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
Telegram
📡Guardians of Hong Kong
#EditorialColumn #Jun15
National Security Law Turns Hong Kong Into a Launchpad for China's Legal Terrorism
China's decision to insert the National Security Law" as a so-called "nationwide" law into Hong Kong's legal system has far reaching ramifications…
National Security Law Turns Hong Kong Into a Launchpad for China's Legal Terrorism
China's decision to insert the National Security Law" as a so-called "nationwide" law into Hong Kong's legal system has far reaching ramifications…
#Court
First #NationalSecurityLaw Case in Hong Kong: Prosecution Cites Chinese Law Books to Assist Judge's Sentencing
The sentencing of Hong Kong's first National Security Law case is scheduled on July 30, 2021.
On July 29, the prosecution revealed that they had prepared Chinese law books for judges in Hong Kong court to review, believing that those sources were related to the case, and could provide strong support to the judges.
According to sources, the law books cited were written in simplified Chinese, named "Comprehension and Application of Criminal Law Provisions and Judicial Practice" (刑法条文理解适用与司法实务全书). However, the judges pointed out that those sources were for reference only. The interpretation of NSL would be based on Hong Kong's law principle. In regards to simulataenous sentencing, there is a large dispute among judges.
Tong Ying Kit pleads: I'm not a bad person, just did something very, very stupid
As "Inciting secession" and "Terrorism" are both serious crime, Tong, only 24 years old, is facing the highest sentence of life imprisonment.
On July 29, the Defence, in their plea, cited Tong's upbringing, the death of his parents, and his grandmother's cancer. If he faced a serious sentence, he would not see his grandmother for the last time.
The Defence expressed that Tong "is not a bad person, but did a very, very stupid thing and feels true remorse", and that "he knows he deserves punishment, but hopes the court can be light in sentencing."
The prosecution side, however, emphasized that according to the NSL, only when a suspect surrenders or exposes others can sentences be reduced.
Source: In Media HK #Jul29
https://bit.ly/3i6Myd0
https://bit.ly/3j1RrTQ
======
Read more:
Is National Security Law Turning Hong Kong Into a Launchpad for China's #LegalTerrorism?
https://t.me/guardiansofhongkong/22449
#HongKongProtest #TongYingKit #NationalSecurityLaw #PoliticalOppression #RuleOfLaw #OneCountryOneSystem
First #NationalSecurityLaw Case in Hong Kong: Prosecution Cites Chinese Law Books to Assist Judge's Sentencing
The sentencing of Hong Kong's first National Security Law case is scheduled on July 30, 2021.
On July 29, the prosecution revealed that they had prepared Chinese law books for judges in Hong Kong court to review, believing that those sources were related to the case, and could provide strong support to the judges.
According to sources, the law books cited were written in simplified Chinese, named "Comprehension and Application of Criminal Law Provisions and Judicial Practice" (刑法条文理解适用与司法实务全书). However, the judges pointed out that those sources were for reference only. The interpretation of NSL would be based on Hong Kong's law principle. In regards to simulataenous sentencing, there is a large dispute among judges.
Tong Ying Kit pleads: I'm not a bad person, just did something very, very stupid
As "Inciting secession" and "Terrorism" are both serious crime, Tong, only 24 years old, is facing the highest sentence of life imprisonment.
On July 29, the Defence, in their plea, cited Tong's upbringing, the death of his parents, and his grandmother's cancer. If he faced a serious sentence, he would not see his grandmother for the last time.
The Defence expressed that Tong "is not a bad person, but did a very, very stupid thing and feels true remorse", and that "he knows he deserves punishment, but hopes the court can be light in sentencing."
The prosecution side, however, emphasized that according to the NSL, only when a suspect surrenders or exposes others can sentences be reduced.
Source: In Media HK #Jul29
https://bit.ly/3i6Myd0
https://bit.ly/3j1RrTQ
======
Read more:
Is National Security Law Turning Hong Kong Into a Launchpad for China's #LegalTerrorism?
https://t.me/guardiansofhongkong/22449
#HongKongProtest #TongYingKit #NationalSecurityLaw #PoliticalOppression #RuleOfLaw #OneCountryOneSystem
獨立媒體
【國安法首案】唐英傑求情：不是壞人 只是做了非常非常愚蠢的事 | 獨媒報導 | 獨立媒體
【獨媒報導】「
Exclusive-Hong Kong's former chief judge says upholding rule of law not political
Hong Kong’s former chief judge urged solicitors to continue speaking up for the rule of law, saying it was their public duty and not political, as lawyers chose a council to govern their profession overshadowed by a national security law imposed by China.
Former chief justice Geoffrey Ma made his remarks to several hundred members of the Law Society on Tuesday and later provided Reuters with a transcript of the speech in response to questions.
Hong Kong judges symbolise one of the core promises of the city’s return from British to Chinese rule in 1997 along with continued freedoms: the right to a fair trial and equality under the law, all administered by an independent judiciary.
Source: Reuters #Aug25
#HongKong #Judge #NationalSecurityLaw #China #RuleOfLaw #Political
https://reut.rs/3zjCfIF
Hong Kong’s former chief judge urged solicitors to continue speaking up for the rule of law, saying it was their public duty and not political, as lawyers chose a council to govern their profession overshadowed by a national security law imposed by China.
Former chief justice Geoffrey Ma made his remarks to several hundred members of the Law Society on Tuesday and later provided Reuters with a transcript of the speech in response to questions.
Hong Kong judges symbolise one of the core promises of the city’s return from British to Chinese rule in 1997 along with continued freedoms: the right to a fair trial and equality under the law, all administered by an independent judiciary.
Source: Reuters #Aug25
#HongKong #Judge #NationalSecurityLaw #China #RuleOfLaw #Political
https://reut.rs/3zjCfIF
#Court
#UK Top judge believes HK judiciary remains independent, continues to serve on HK Court of Final Appeal
The president of the UK's Supreme Court said on August 27, 2021 that he and his deputy will continue to sit in Hong Kong's top court after finding the SAR's judiciary remains "largely independent”.
#RobertReed and deputy president #PatrickHodge both serve as non-permanent judges at Hong Kong's Court of Final Appeal, along with 10 other foreign judges.
In a statement, Lord Reed said he had been in discussion with the UK's foreign secretary and the Lord Chancellor regarding the situation in Hong Kong after the implementation of the national security law by Beijing.
"At this time, our shared assessment is that the judiciary in Hong Kong continues to act largely independently of government and their decisions continue to be consistent with the rule of law," he said.
Lord Reed has warned that he wouldn't serve or nominate any of his judges to sit on Hong Kong's top court if the national security law undermines judicial independence or the rule of law.
Since the implementation of Hong Kong's #NationalSecurityLaw in June 2020, two judges had already left their posts as non-permanent judges at the Court of Final Appeal.
Source: RTHK, Stand News #Aug27
https://thestandnews.page.link/Eb78QLQFbW2n2wSy6
#JudiciaryIndependence #RuleOfLaw
#UK Top judge believes HK judiciary remains independent, continues to serve on HK Court of Final Appeal
The president of the UK's Supreme Court said on August 27, 2021 that he and his deputy will continue to sit in Hong Kong's top court after finding the SAR's judiciary remains "largely independent”.
#RobertReed and deputy president #PatrickHodge both serve as non-permanent judges at Hong Kong's Court of Final Appeal, along with 10 other foreign judges.
In a statement, Lord Reed said he had been in discussion with the UK's foreign secretary and the Lord Chancellor regarding the situation in Hong Kong after the implementation of the national security law by Beijing.
"At this time, our shared assessment is that the judiciary in Hong Kong continues to act largely independently of government and their decisions continue to be consistent with the rule of law," he said.
Lord Reed has warned that he wouldn't serve or nominate any of his judges to sit on Hong Kong's top court if the national security law undermines judicial independence or the rule of law.
Since the implementation of Hong Kong's #NationalSecurityLaw in June 2020, two judges had already left their posts as non-permanent judges at the Court of Final Appeal.
Source: RTHK, Stand News #Aug27
https://thestandnews.page.link/Eb78QLQFbW2n2wSy6
#JudiciaryIndependence #RuleOfLaw
Hong Kong lawyers create court database of protest-related cases in bid to safeguard #RuleofLaw
#CompendiumProject #Court #Justice #Truth
Source: HKFP; #Oct3
Read more
⬇️⬇️⬇️⬇️
#CompendiumProject #Court #Justice #Truth
Source: HKFP; #Oct3
Read more
⬇️⬇️⬇️⬇️
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 …
“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
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
#RuleByLaw
Hong Kong pro-democracy defendants face much heavier sentences than before 2019 protests
#RuleofLaw #PoliceState #FailedState
Source: Stand News, #Nov14
Read more
⬇️⬇️⬇️⬇️
Hong Kong pro-democracy defendants face much heavier sentences than before 2019 protests
#RuleofLaw #PoliceState #FailedState
Source: Stand News, #Nov14
Read more
⬇️⬇️⬇️⬇️
#RuleByLaw
Hong Kong pro-democracy defendants face much heavier sentences than before 2019 protests
Since outbreak of the anti-ELAB movement in Hong Kong in 2019, over 2,000 citizens have been convicted for their involvement in pro-democracy protests.
Stand News, a local newspaper consolidated relevant public data from June 2019 through November 2021, which showed a total of 34 people being charged over "behaving in disorderly manner in public places".
Among them, 8 (24%) were accused of obstructing road; another 8 (24%) being charged over hurling objects, while the remaining 18 (52%) were found guilty for making noises (swearling, chanting protest slogans, or hurling insults at Hong Kong Police). These cases saw a high conviction rate exceeding 60%.
With regards to sentencing, a large proportion of nearly 60% (12 people) of those being convicted were imprisoned for a period ranging from 3 weeks to 7 months.
Another 5% of the defendants were sent to the Correctional Services' training centers. The rest faced lighter penalties such as signing bind-over orders for conduct and probation (14%); and community service orders (24%).
In comparison, most convicts in cases of similar nature in the past were not sentenced to jail.
A legal professional group in Hong Kong explained that in the past, only some defendants with criminal records would likely be put behind bars.
However, in recent cases, even first offenders are often imprisoned.
The group added that this showed the court's intention to deploy heavier penalties against defendants from the pro-democracy movement, particularly for cases under Public Order Ordinance, as deterrence.
#RuleofLaw #RuleByLaw #PoliceState #FailedState
Source: Stand News, #Nov14
https://thestandnews.page.link/kZ66FKVG9sBLL9pA6
Hong Kong pro-democracy defendants face much heavier sentences than before 2019 protests
Since outbreak of the anti-ELAB movement in Hong Kong in 2019, over 2,000 citizens have been convicted for their involvement in pro-democracy protests.
Stand News, a local newspaper consolidated relevant public data from June 2019 through November 2021, which showed a total of 34 people being charged over "behaving in disorderly manner in public places".
Among them, 8 (24%) were accused of obstructing road; another 8 (24%) being charged over hurling objects, while the remaining 18 (52%) were found guilty for making noises (swearling, chanting protest slogans, or hurling insults at Hong Kong Police). These cases saw a high conviction rate exceeding 60%.
With regards to sentencing, a large proportion of nearly 60% (12 people) of those being convicted were imprisoned for a period ranging from 3 weeks to 7 months.
Another 5% of the defendants were sent to the Correctional Services' training centers. The rest faced lighter penalties such as signing bind-over orders for conduct and probation (14%); and community service orders (24%).
In comparison, most convicts in cases of similar nature in the past were not sentenced to jail.
A legal professional group in Hong Kong explained that in the past, only some defendants with criminal records would likely be put behind bars.
However, in recent cases, even first offenders are often imprisoned.
The group added that this showed the court's intention to deploy heavier penalties against defendants from the pro-democracy movement, particularly for cases under Public Order Ordinance, as deterrence.
#RuleofLaw #RuleByLaw #PoliceState #FailedState
Source: Stand News, #Nov14
https://thestandnews.page.link/kZ66FKVG9sBLL9pA6
Multinationals turn away from Hong Kong for dispute resolution
Concerns over the rule of law are threatening Hong Kong's ambitions to become a hub for corporate arbitration, according to lawyers, stoking the appeal of regional rival Singapore for many multinationals.
The Chinese city still handles hundreds of arbitration cases each year. However, companies drafting new contracts are increasingly choosing places other than Hong Kong as the location for arbitration, a dozen lawyers and corporate advisers in Hong Kong, Singapore and London told Nikkei Asia.
Cross-border commercial contracts must specify a location for handling arbitration cases should they arise. Judicial independence and whether arbitral awards are readily enforceable are key factors in making that selection.
source: Nikkei Asia #Jun08
https://asia.nikkei.com/Spotlight/Hong-Kong-security-law/Multinationals-turn-away-from-Hong-Kong-for-dispute-resolution
#RuleOfLaw #HongKong #Arbitration #Dispute #Singapore #London
Concerns over the rule of law are threatening Hong Kong's ambitions to become a hub for corporate arbitration, according to lawyers, stoking the appeal of regional rival Singapore for many multinationals.
The Chinese city still handles hundreds of arbitration cases each year. However, companies drafting new contracts are increasingly choosing places other than Hong Kong as the location for arbitration, a dozen lawyers and corporate advisers in Hong Kong, Singapore and London told Nikkei Asia.
Cross-border commercial contracts must specify a location for handling arbitration cases should they arise. Judicial independence and whether arbitral awards are readily enforceable are key factors in making that selection.
source: Nikkei Asia #Jun08
https://asia.nikkei.com/Spotlight/Hong-Kong-security-law/Multinationals-turn-away-from-Hong-Kong-for-dispute-resolution
#RuleOfLaw #HongKong #Arbitration #Dispute #Singapore #London