#Court
Hong Kong court quashes decision to enforce reporting ban on activistās national security case in landmark ruling
//Reporting restrictions on proceedings regarding the transfer of criminal cases to the High Court must be lifted if the defendant makes such a request, a Hong Kong court has ruled.
The landmark judgement, which could extend to cases prosecuted under the national security law, came after activist #ChowHangTung challenged a magistrateās decision to retain reporting restrictions in a national security case.
In a ruling published on Tuesday, August 2, 2022, High Court Judge Alex Lee said that magistrates had no say in whether to lift reporting restrictions on committal proceedings if the accused had applied to do so.
Chow, along with the Alliance, and the groupās former leaders #LeeCheukYan and #AlbertHo, were charged under the Beijing-imposed #NationalSecurityLaw over alleged incitement to subversion.
The Alliance, before it was disbanded in September last year, organised Hong Kongās annual candlelight vigils commemorating victims of the #TiananmenCrackdown, where it is estimated that hundreds, perhaps thousands, died when the Peopleās Liberation Army cracked down on protesters in #Beijing on June 4, 1989.//
Read the full article:
https://hongkongfp.com/2022/08/02/hong-kong-court-quashes-decision-to-enforce-reporting-ban-on-activists-national-security-case-in-landmark-ruling/
Source: Hong Kong Free Press #Aug2
#Alliance #PoliceState #Censorship #JudicialReview #NSL
Hong Kong court quashes decision to enforce reporting ban on activistās national security case in landmark ruling
//Reporting restrictions on proceedings regarding the transfer of criminal cases to the High Court must be lifted if the defendant makes such a request, a Hong Kong court has ruled.
The landmark judgement, which could extend to cases prosecuted under the national security law, came after activist #ChowHangTung challenged a magistrateās decision to retain reporting restrictions in a national security case.
In a ruling published on Tuesday, August 2, 2022, High Court Judge Alex Lee said that magistrates had no say in whether to lift reporting restrictions on committal proceedings if the accused had applied to do so.
Chow, along with the Alliance, and the groupās former leaders #LeeCheukYan and #AlbertHo, were charged under the Beijing-imposed #NationalSecurityLaw over alleged incitement to subversion.
The Alliance, before it was disbanded in September last year, organised Hong Kongās annual candlelight vigils commemorating victims of the #TiananmenCrackdown, where it is estimated that hundreds, perhaps thousands, died when the Peopleās Liberation Army cracked down on protesters in #Beijing on June 4, 1989.//
Read the full article:
https://hongkongfp.com/2022/08/02/hong-kong-court-quashes-decision-to-enforce-reporting-ban-on-activists-national-security-case-in-landmark-ruling/
Source: Hong Kong Free Press #Aug2
#Alliance #PoliceState #Censorship #JudicialReview #NSL
Hong Kong Free Press HKFP
Hong Kong court quashes decision to enforce reporting ban on activistās national security case in landmark ruling
Reporting restrictions on proceedings regarding the transfer of criminal cases to the High Court must be lifted if the defendant makes such a request, a Hong Kong court has ruled. The landmark judgā¦
#Court
Hong Kong's First case charged by #NationalAnthemOrdinance for holding the British Hong Kong flag
Source: Inmedia #July22
Read more
ā¬ļøā¬ļøā¬ļø
Hong Kong's First case charged by #NationalAnthemOrdinance for holding the British Hong Kong flag
Source: Inmedia #July22
Read more
ā¬ļøā¬ļøā¬ļø
#Court
Hong Kong's First case charged by #NationalAnthemOrdinance for holding the British Hong Kong flag
In 2021, Hong Kong athlete Cheung Ka-Long won a gold medal on foil fencing at the Tokyo Olympic Games. The livestream of the game gathered people at a shopping mall in Kwun Tong on the day of the finals on July 26, 2021.
Police investigation followed, as the police claimed that some people misbehaved when the Chinese national anthem was played.
The police arrested an online media journalist, for reportedly holding a British Hong Kong flag when the Chinese national anthem was heard.
The man is the first Hong Kong citizen being arrested under #NationalAnthemOrdinance. He was being charged for insulting the national flag after a year of the event.
The case was first trialed on the afternoon of July 22, 2022. Since the counsel of the defendent requested more time to obtain the documents from prosecutor, Judge #LauSukHan approved the request and schedule the trial to September 9, 2022.
The defendant was allowed to go on bail with $5000. He has to hand in his travel documents and report at the police station once a week.
Source: Inmedia #July22
https://bit.ly/3OmHyO9
#Olympics2020 #TokyoOlympics #CheungKaLong #BritishHongKongFlag #HongKongFlag #DragonandLionFlag
#Censorship #Whitewash
Hong Kong's First case charged by #NationalAnthemOrdinance for holding the British Hong Kong flag
In 2021, Hong Kong athlete Cheung Ka-Long won a gold medal on foil fencing at the Tokyo Olympic Games. The livestream of the game gathered people at a shopping mall in Kwun Tong on the day of the finals on July 26, 2021.
Police investigation followed, as the police claimed that some people misbehaved when the Chinese national anthem was played.
The police arrested an online media journalist, for reportedly holding a British Hong Kong flag when the Chinese national anthem was heard.
The man is the first Hong Kong citizen being arrested under #NationalAnthemOrdinance. He was being charged for insulting the national flag after a year of the event.
The case was first trialed on the afternoon of July 22, 2022. Since the counsel of the defendent requested more time to obtain the documents from prosecutor, Judge #LauSukHan approved the request and schedule the trial to September 9, 2022.
The defendant was allowed to go on bail with $5000. He has to hand in his travel documents and report at the police station once a week.
Source: Inmedia #July22
https://bit.ly/3OmHyO9
#Olympics2020 #TokyoOlympics #CheungKaLong #BritishHongKongFlag #HongKongFlag #DragonandLionFlag
#Censorship #Whitewash
#Court
High Court Judge Claims First Aiders "Encourage" Fighting, as First Aider Appeals 4-Year Rioting Sentence
Read more
ā¬ļøā¬ļøā¬ļø
High Court Judge Claims First Aiders "Encourage" Fighting, as First Aider Appeals 4-Year Rioting Sentence
Read more
ā¬ļøā¬ļøā¬ļø
#Court
High Court Judge Claims First Aiders "Encourage" Fighting, as First Aider Appeals 4-Year Rioting Sentence
In Hong Kong, the High Court has heard an appeal against the conviction of a 26-year-old man sentenced to four years for rioting in a 2019 #AntiELAB protest.
The man is one of 16 charged with rioting in Causeway Bay and Wan Chai on 31 August 2019, the fifth anniversary of the Chinese congressā ā31 August decisionā to limit candidacy and representation in Hong Kongās elections.
While six of the accused were acquitted, the man, who maintained that he was volunteering as a #FirstAider on the scene, was found guilty and handed a four-year sentence in 2021. He has now been incarcerated for over two years.
Citing the Lo Kin-man case, the appellate judge Derek Pang said on 28 July that a first aider can still be considered to have had a part in the riot.
ā[Letās say] you show up in a battle in a certain countryās military uniform. You have a red cross on your arm, and youāre a medic. Does that mean youāre not part of the frontline fighting? Isnāt that still a kind of support or encouragement?ā Mr Pang said.
He added that helping someone of the same side in a riot to wash tear gas out their eyes is also a form of support. The appellant, he said, must have acted with the same purpose in mind as the rest of his camp.
āWhy is it that you canāt possibly be one of the rioters if youāre a first aider? Itās not like you were with St John [Ambulance], is it?ā Mr Pang said.
The prosecutor said it is for the court to decide if the appellant was a genuine first aider.
āA mere claim of having been a first aider [on the scene] doesnāt give one immunity,ā she said.
Source: InMedia #Jul28
https://bit.ly/3S4TFTh
#HongKongProtests #PoliceState #FirstAider #PoliticalPersecution #Crackdown
High Court Judge Claims First Aiders "Encourage" Fighting, as First Aider Appeals 4-Year Rioting Sentence
In Hong Kong, the High Court has heard an appeal against the conviction of a 26-year-old man sentenced to four years for rioting in a 2019 #AntiELAB protest.
The man is one of 16 charged with rioting in Causeway Bay and Wan Chai on 31 August 2019, the fifth anniversary of the Chinese congressā ā31 August decisionā to limit candidacy and representation in Hong Kongās elections.
While six of the accused were acquitted, the man, who maintained that he was volunteering as a #FirstAider on the scene, was found guilty and handed a four-year sentence in 2021. He has now been incarcerated for over two years.
Citing the Lo Kin-man case, the appellate judge Derek Pang said on 28 July that a first aider can still be considered to have had a part in the riot.
ā[Letās say] you show up in a battle in a certain countryās military uniform. You have a red cross on your arm, and youāre a medic. Does that mean youāre not part of the frontline fighting? Isnāt that still a kind of support or encouragement?ā Mr Pang said.
He added that helping someone of the same side in a riot to wash tear gas out their eyes is also a form of support. The appellant, he said, must have acted with the same purpose in mind as the rest of his camp.
āWhy is it that you canāt possibly be one of the rioters if youāre a first aider? Itās not like you were with St John [Ambulance], is it?ā Mr Pang said.
The prosecutor said it is for the court to decide if the appellant was a genuine first aider.
āA mere claim of having been a first aider [on the scene] doesnāt give one immunity,ā she said.
Source: InMedia #Jul28
https://bit.ly/3S4TFTh
#HongKongProtests #PoliceState #FirstAider #PoliticalPersecution #Crackdown
#Court
Hong Kong Authorities Accuses Speech Therapists of "Conspiring printing, publishing, distributing or copying seditious publications" for publishing "Sheep Village" children's books
There was prima facie evidence against them. The prosecutor gave a closing statement on #July18 that this case does not need to prove the defendants have seditious incitement or that someone is incited. As long as the defendants understand the publications are with incitement but still publishing, they can be charged. The prosecutors cite previous cases to emphasise incitement can lead to severe consequences such as rebellions and internal wars. It can be similar to the Crime of #Treason.
The defendants stated in the closing statement on #July20 that the related kid's books are not seditious but reflect the defendants' views on social issues, which should not be criminal. The definitions of "#hatred", "#contempt", and ā#subvert" are vague and broad, which allow the authority to punish dissidents, causing a chilling effect. People are frightened to be arrested with no bail due to providing non-official perspectives, just like these defendants being under detention for a year.
The defendants then listed a number of former-UK colonies, including India, Kenya and Uganda, to show "the Crime of Incitement" is unconstitutional and has been abandoned.
The case was extended until July 30, 2022 to continue the closing statements.
Sources: InMedia #Jul18 #Jul22 ; You are not alone HK #Jul20
https://bit.ly/3RJLD1O
https://bit.ly/3PoFEOi
https://t.me/youarenotalonehk_en/349
Hong Kong Authorities Accuses Speech Therapists of "Conspiring printing, publishing, distributing or copying seditious publications" for publishing "Sheep Village" children's books
There was prima facie evidence against them. The prosecutor gave a closing statement on #July18 that this case does not need to prove the defendants have seditious incitement or that someone is incited. As long as the defendants understand the publications are with incitement but still publishing, they can be charged. The prosecutors cite previous cases to emphasise incitement can lead to severe consequences such as rebellions and internal wars. It can be similar to the Crime of #Treason.
The defendants stated in the closing statement on #July20 that the related kid's books are not seditious but reflect the defendants' views on social issues, which should not be criminal. The definitions of "#hatred", "#contempt", and ā#subvert" are vague and broad, which allow the authority to punish dissidents, causing a chilling effect. People are frightened to be arrested with no bail due to providing non-official perspectives, just like these defendants being under detention for a year.
The defendants then listed a number of former-UK colonies, including India, Kenya and Uganda, to show "the Crime of Incitement" is unconstitutional and has been abandoned.
The case was extended until July 30, 2022 to continue the closing statements.
Sources: InMedia #Jul18 #Jul22 ; You are not alone HK #Jul20
https://bit.ly/3RJLD1O
https://bit.ly/3PoFEOi
https://t.me/youarenotalonehk_en/349
Telegram
COURT HEARING HK
Trial of five Hong Kong speech therapists adjourned as prosecutors play animation of āseditiousā kidsā books in court
The books about sheep and wolves were said to have āindoctrinatedā readers with separatism. District Judge Kwok ruled that the evidence presentedā¦
The books about sheep and wolves were said to have āindoctrinatedā readers with separatism. District Judge Kwok ruled that the evidence presentedā¦
Beijing gives Hong Kong leader power to bar foreign lawyers after loss at top court
Chinaās top lawmaking body gave Hong Kong leader John Lee the power on Friday to bar foreign lawyers from national security trials, removing the decision from the cityās courts.
Critics said the decision created a ādual stateā in Hong Kongās justice system and turned its national security committee, controlled by top Hong Kong and Beijing officials, into an āomnipotent authorityā that could overthrow any national security rulings.
Beijing imposed the sweeping national security law in 2020 after huge, and sometimes violent, pro-democracy protests rocked the city a year earlier.
Source: HKFP #Dec30
#Beijing #HongKong #Foreign #Lawyer #Court
https://hongkongfp.com/2022/12/30/beijing-gives-hong-kong-leader-power-to-bar-foreign-lawyers-after-loss-at-top-court/
Chinaās top lawmaking body gave Hong Kong leader John Lee the power on Friday to bar foreign lawyers from national security trials, removing the decision from the cityās courts.
Critics said the decision created a ādual stateā in Hong Kongās justice system and turned its national security committee, controlled by top Hong Kong and Beijing officials, into an āomnipotent authorityā that could overthrow any national security rulings.
Beijing imposed the sweeping national security law in 2020 after huge, and sometimes violent, pro-democracy protests rocked the city a year earlier.
Source: HKFP #Dec30
#Beijing #HongKong #Foreign #Lawyer #Court
https://hongkongfp.com/2022/12/30/beijing-gives-hong-kong-leader-power-to-bar-foreign-lawyers-after-loss-at-top-court/