Prosecutor with Outspoken Pro-Beijing Stance Allegedly Imposes Bias Against Pro-democracy Faction
Vivien Chan, the prosecutor who worked on the case pro-democracy lawmaker Au Nok-hin, was found disseminating strong worded criticisms on Facebook. She allegedly attacked local judges for 'siding' with protesters whom she called “yellow corpse”, “cockroaches” and “bastards”.
From the pro-Beijing news reports and videos she shares, her political stance concerning the anti-extradition law protests was clear. Chan expressed gratitude to the Police in suppressing pro-democracy protests, “rioters are morons disrupting social order even during epidemic outbreak. Arrest them all!”
In a post issued on Oct 16, 2019, Chan said, “Rioters! Bar Association and judges who supported them are all scumbags!” After a 22-year-old man charged with assaulting police was granted bail, Chan wrote “The bias and unfairness of numerous judges have already severely damaged Hong Kong’s rule of law, safety and freedom.”
In another Facebook post in October 2019, Chan wrote: “Talking about tolerating violence, Hong Kong judges are second to none. Thank you judges for granting the chaos in Hong Kong today".
Sham Shui Po Pro-democracy District councillor Ramon Yuen Hoi-man said Chan’s strong political stance made her unfit to be a prosecuting counsel. “The perception seems that Chan just wanted to prosecute Au at all costs.”
He also alleged that Chan had violated the Bar’s Code of Conduct with her remarks against judges, which is “likely to bring the profession of barrister into disrepute or diminish public confidence in the profession of barrister”.
The Bar Association gave no further moments but revealed that it was considering the complaints: “According to the Association’s policy, no comment will be made when the investigation is ongoing.”
Vivien Chan declined interview requests and refused to respond to further inquiries.
Source: Ming Pao; Stand News
Image: https://t.me/guardiansofhongkong/19405
#Apr9 #HongKongProtests #FairTrial #Court #Judiciary
Court Rules Pro-democracy Lawmaker Guilty of 'Assaulting the Police' with a Loudspeaker
https://t.me/guardiansofhongkong/19313
Vivien Chan, the prosecutor who worked on the case pro-democracy lawmaker Au Nok-hin, was found disseminating strong worded criticisms on Facebook. She allegedly attacked local judges for 'siding' with protesters whom she called “yellow corpse”, “cockroaches” and “bastards”.
From the pro-Beijing news reports and videos she shares, her political stance concerning the anti-extradition law protests was clear. Chan expressed gratitude to the Police in suppressing pro-democracy protests, “rioters are morons disrupting social order even during epidemic outbreak. Arrest them all!”
In a post issued on Oct 16, 2019, Chan said, “Rioters! Bar Association and judges who supported them are all scumbags!” After a 22-year-old man charged with assaulting police was granted bail, Chan wrote “The bias and unfairness of numerous judges have already severely damaged Hong Kong’s rule of law, safety and freedom.”
In another Facebook post in October 2019, Chan wrote: “Talking about tolerating violence, Hong Kong judges are second to none. Thank you judges for granting the chaos in Hong Kong today".
Sham Shui Po Pro-democracy District councillor Ramon Yuen Hoi-man said Chan’s strong political stance made her unfit to be a prosecuting counsel. “The perception seems that Chan just wanted to prosecute Au at all costs.”
He also alleged that Chan had violated the Bar’s Code of Conduct with her remarks against judges, which is “likely to bring the profession of barrister into disrepute or diminish public confidence in the profession of barrister”.
The Bar Association gave no further moments but revealed that it was considering the complaints: “According to the Association’s policy, no comment will be made when the investigation is ongoing.”
Vivien Chan declined interview requests and refused to respond to further inquiries.
Source: Ming Pao; Stand News
Image: https://t.me/guardiansofhongkong/19405
#Apr9 #HongKongProtests #FairTrial #Court #Judiciary
Court Rules Pro-democracy Lawmaker Guilty of 'Assaulting the Police' with a Loudspeaker
https://t.me/guardiansofhongkong/19313
Telegram
📡Guardians of Hong Kong
#AuNokHin #Court #StateTerrorism
Court Rules Former lawmaker Guilty of "'Assaulting two police officers with a loudspeaker"
During a civilian-police standoff in Yau Ma Tei on July 8, 2019, Au Nok-hin, a former lawmaker, was arrested for "assaulting the police"…
Court Rules Former lawmaker Guilty of "'Assaulting two police officers with a loudspeaker"
During a civilian-police standoff in Yau Ma Tei on July 8, 2019, Au Nok-hin, a former lawmaker, was arrested for "assaulting the police"…
#Judiciary #Justice #RuleofLaw
Hong Kong judges battle Beijing over rule of law as pandemic chills protests
//Hong Kong’s judicial system is under increasing duress as signs grow that the Communist Party leadership in Beijing wants to bring the city’s courts to heel. Three senior judges told Reuters the independence of the judiciary is now under threat...
A retired senior judge, speaking on condition of anonymity, said while the mainland is clearly trying to pressure Hong Kong’s judiciary, it doesn’t amount to an existential threat to the rule of law. The test, the former judge said, would be if the legal system succumbed to these pressures. “I have not seen that.”
...Some people close to [current Chief Justice Geoffrey] Ma say that while he hasn't been pushed to leave, the constant battle to safeguard the judiciary has worn on him. His job includes dealing with visiting mainland judges and briefings from locally based Chinese officials, which can be tough going, these people say.
While they apparently know better than to meddle in individual cases, say the people close to Ma, the Chinese judges and officials constantly seek to push Beijing's “patriotic” agenda by stressing the importance of the judiciary in defending China's sovereignty and national security...
Another of the justices told Reuters he is concerned that a generational shift underway on the bench could leave it starved of judges strong enough to withstand meddling in the years ahead.
“Pressures will build on the new judicial leaders,” the judge said. “Some of us doubt that they will be able to withstand those pressures as previous generations have done. We just have to hope they can,” the judge said. “The rule of law will depend on it.”//
Source: Reuters #Apr14
Read the Full Article:
https://www.reuters.com/investigates/special-report/hongkong-politics-judiciary/
Hong Kong judges battle Beijing over rule of law as pandemic chills protests
//Hong Kong’s judicial system is under increasing duress as signs grow that the Communist Party leadership in Beijing wants to bring the city’s courts to heel. Three senior judges told Reuters the independence of the judiciary is now under threat...
A retired senior judge, speaking on condition of anonymity, said while the mainland is clearly trying to pressure Hong Kong’s judiciary, it doesn’t amount to an existential threat to the rule of law. The test, the former judge said, would be if the legal system succumbed to these pressures. “I have not seen that.”
...Some people close to [current Chief Justice Geoffrey] Ma say that while he hasn't been pushed to leave, the constant battle to safeguard the judiciary has worn on him. His job includes dealing with visiting mainland judges and briefings from locally based Chinese officials, which can be tough going, these people say.
While they apparently know better than to meddle in individual cases, say the people close to Ma, the Chinese judges and officials constantly seek to push Beijing's “patriotic” agenda by stressing the importance of the judiciary in defending China's sovereignty and national security...
Another of the justices told Reuters he is concerned that a generational shift underway on the bench could leave it starved of judges strong enough to withstand meddling in the years ahead.
“Pressures will build on the new judicial leaders,” the judge said. “Some of us doubt that they will be able to withstand those pressures as previous generations have done. We just have to hope they can,” the judge said. “The rule of law will depend on it.”//
Source: Reuters #Apr14
Read the Full Article:
https://www.reuters.com/investigates/special-report/hongkong-politics-judiciary/
Reuters
Hong Kong judges battle Beijing on rule of law as virus halts protests
Hong Kong’s judicial system is under increasing duress as signs grow that the Communist Party leadership in Beijing wants to bring the city’s courts to heel.
#Court #Judiciary #MargaretNg
Barrister Margaret Ng worries the criteria to become a judge would be lowered, thus affecting the quality of trials in Hong Kong
"...In early November (2019), the police found a large number of petrol bombs in a flat in Wan Chai. Four men and one woman were arrested and charged with the possession of explosives. However, the prosecution from the Department of Justice agreed that the defendants' names were written incorrectly and the charges stated in Chinese were different from its English version. Eventually, the prosecution dropped all charges. But just as the defendants were leaving the court, they were arrested again and had to go through the judicial process all over again.
Dr. Ng said that these types of judicial errors have been cropping up a lot, 'Now people can see how crude the judicial system is.... It gives a bad impression'...
Read Full Interview:
https://telegra.ph/Dr-Margaret-Ng--Case-overload-at-Courts-04-19-2
Police Arrest Prominent Democracy Figures including Margaret Ng
https://t.me/guardiansofhongkong/19598
Barrister Margaret Ng After Arrest: When the Rule of Law is Endangered, Will the Legal Professionals Walk Out or Stand and Fight?
https://t.me/guardiansofhongkong/19613
Loss of Autonomy? Hong Kong Government Follows Beijing to Revise Stance on Basic Law #Article22
https://t.me/guardiansofhongkong/19607
Barrister Margaret Ng worries the criteria to become a judge would be lowered, thus affecting the quality of trials in Hong Kong
"...In early November (2019), the police found a large number of petrol bombs in a flat in Wan Chai. Four men and one woman were arrested and charged with the possession of explosives. However, the prosecution from the Department of Justice agreed that the defendants' names were written incorrectly and the charges stated in Chinese were different from its English version. Eventually, the prosecution dropped all charges. But just as the defendants were leaving the court, they were arrested again and had to go through the judicial process all over again.
Dr. Ng said that these types of judicial errors have been cropping up a lot, 'Now people can see how crude the judicial system is.... It gives a bad impression'...
Read Full Interview:
https://telegra.ph/Dr-Margaret-Ng--Case-overload-at-Courts-04-19-2
Police Arrest Prominent Democracy Figures including Margaret Ng
https://t.me/guardiansofhongkong/19598
Barrister Margaret Ng After Arrest: When the Rule of Law is Endangered, Will the Legal Professionals Walk Out or Stand and Fight?
https://t.me/guardiansofhongkong/19613
Loss of Autonomy? Hong Kong Government Follows Beijing to Revise Stance on Basic Law #Article22
https://t.me/guardiansofhongkong/19607
Telegraph
Dr. Margaret Ng : Case overload at Courts
Dr. Margaret Ng, an experienced barrister, writer and former LegCo member, was interviewed by Initium Media in December 2019. Part 1 of the interview was published last month in which she talked about issues with the Department of Justice. In this part of…
#Court #Judiciary
District Judge Praises Defendent who Attacked Pro-Democracy Protesters for "'Displaying Noble Qualities”
On April 24, District Judge, Kwok Wai-kin read the verdict of a man who viciously stabbed 3 victims at a Lennon Wall in Tseung Kwan O in 2019.
Kwok was, according to many, sympathetic towards the defendant. Due to the fact that the defendant pleaded guilty, the District Judge slashed 1/3 of the original duration of the sentence.
In the verdict, Kwok read nothing that reprimanded the defendant. In fact, Kwok praised the defendant for “displaying noble qualities” by turning himself in. Kwok even excused the man’s brutal behavior claiming that it was “unlike his character”, describing him as "an involuntary sacrifice and a bloodstained victim hanging by his last breath".
Kwok, on the other hand, detested pro-democracy protesters, comparing their actions to “terrorist army”, reminiscent of the Cultural Revolution.
Pro-democratic legislator, Lam Cheuk-ting, was the first to comment on Kwok’s verdict among many lawyers and opinion leaders on social media. Lam said that he was stunned by Kwok’s remarks on pro-democracy movement, which he considered unnecessary. He further blasted the verdict as biased and absurd, “like a piece of fake news, confounding right and wrong.
Judge Kwok Wai-kin's bias comment has stirred up controversies. Many felt that the assault was premeditated, and the reduced sentencing is unfair and disproportionate to the injuries the victims had suffered from.
In particular, the facebook page "Finance Fellow" pointed out the following:
1） The court hearing lasted for 1.5 hours, during which Kwok did not reprimand the defendant a singke bit in his verdict, not even asingle sentence. (The 26-years-old journalist was severely injured with multiple wounds on her face, her arms and legs, including rib bone fracture and atrophy in her right lung)
2） Kwok spent 1/3 of the hearing weighed in on the protests, accepting the defendant's plea as reasonable justifications, saying "without the pro-democracy movement, the defendant would not have committed the crime."
3） Kwok praised the defendant for "showing noble qualities", acclaiming that, "Such qualities cannot be found that easily, even amongst well-educated intellectuals and professionals." (The defendant fled to China after the assault.)
4） Kwok pointed out that pro-democracy movement had ruthlessly trampled on the defendant's right to work, live and survive severely, describing him as "an involuntary sacrifice and a bloodstained victim hanging by his last breath". (So who is the real victim over here? The defendant, or those who were viciously stabbed and slashed?)
5） Kwok also accused the protesters of the pro-democracy movement, claiming that they hurt ordinary people while pursuing their cause, and that they are no different from terrorists. (Wouldn't someone associate a knife-wielding criminal with the intention to kill to terrorists instead?）
6） Kwok even blamed the victim, saying that, "the female victim's action, pushing the defendant away, was like adding fuel to the flame, forcing the defendant to react with such irrational behaviour". (Should we then expect the victim to stand still in an assault, being faced with someone armed with a knife?）
7） Kwok accepted the defendant's claim that carrying a knife was for self-defence, believing that the assault was not premeditated. The knife he collected from home was to remove the posters on Lennon Wall, while the other one was for self-defence. (However, the defendant had already issued threats to assault weeks before the incident occured.)
8） Kwok was empathetic to the defendant and slashed his sentencing by 1/3, from 72 months of imprisonment to 45 months.
Source: Apple Daily; Facebook; Inmedia
#LennonWall #RuleofLaw #HongKongProtests #Attack
District Judge Praises Defendent who Attacked Pro-Democracy Protesters for "'Displaying Noble Qualities”
On April 24, District Judge, Kwok Wai-kin read the verdict of a man who viciously stabbed 3 victims at a Lennon Wall in Tseung Kwan O in 2019.
Kwok was, according to many, sympathetic towards the defendant. Due to the fact that the defendant pleaded guilty, the District Judge slashed 1/3 of the original duration of the sentence.
In the verdict, Kwok read nothing that reprimanded the defendant. In fact, Kwok praised the defendant for “displaying noble qualities” by turning himself in. Kwok even excused the man’s brutal behavior claiming that it was “unlike his character”, describing him as "an involuntary sacrifice and a bloodstained victim hanging by his last breath".
Kwok, on the other hand, detested pro-democracy protesters, comparing their actions to “terrorist army”, reminiscent of the Cultural Revolution.
Pro-democratic legislator, Lam Cheuk-ting, was the first to comment on Kwok’s verdict among many lawyers and opinion leaders on social media. Lam said that he was stunned by Kwok’s remarks on pro-democracy movement, which he considered unnecessary. He further blasted the verdict as biased and absurd, “like a piece of fake news, confounding right and wrong.
Judge Kwok Wai-kin's bias comment has stirred up controversies. Many felt that the assault was premeditated, and the reduced sentencing is unfair and disproportionate to the injuries the victims had suffered from.
In particular, the facebook page "Finance Fellow" pointed out the following:
1） The court hearing lasted for 1.5 hours, during which Kwok did not reprimand the defendant a singke bit in his verdict, not even asingle sentence. (The 26-years-old journalist was severely injured with multiple wounds on her face, her arms and legs, including rib bone fracture and atrophy in her right lung)
2） Kwok spent 1/3 of the hearing weighed in on the protests, accepting the defendant's plea as reasonable justifications, saying "without the pro-democracy movement, the defendant would not have committed the crime."
3） Kwok praised the defendant for "showing noble qualities", acclaiming that, "Such qualities cannot be found that easily, even amongst well-educated intellectuals and professionals." (The defendant fled to China after the assault.)
4） Kwok pointed out that pro-democracy movement had ruthlessly trampled on the defendant's right to work, live and survive severely, describing him as "an involuntary sacrifice and a bloodstained victim hanging by his last breath". (So who is the real victim over here? The defendant, or those who were viciously stabbed and slashed?)
5） Kwok also accused the protesters of the pro-democracy movement, claiming that they hurt ordinary people while pursuing their cause, and that they are no different from terrorists. (Wouldn't someone associate a knife-wielding criminal with the intention to kill to terrorists instead?）
6） Kwok even blamed the victim, saying that, "the female victim's action, pushing the defendant away, was like adding fuel to the flame, forcing the defendant to react with such irrational behaviour". (Should we then expect the victim to stand still in an assault, being faced with someone armed with a knife?）
7） Kwok accepted the defendant's claim that carrying a knife was for self-defence, believing that the assault was not premeditated. The knife he collected from home was to remove the posters on Lennon Wall, while the other one was for self-defence. (However, the defendant had already issued threats to assault weeks before the incident occured.)
8） Kwok was empathetic to the defendant and slashed his sentencing by 1/3, from 72 months of imprisonment to 45 months.
Source: Apple Daily; Facebook; Inmedia
#LennonWall #RuleofLaw #HongKongProtests #Attack
#Court #LennonWall
Judge for Lennon Wall Assault Praises Defendant for “showing noble qualities”; Traumatised Victim Cries for Justice
A tour guide,by the name of Hung Chun, stabbed 3 pro-democracy protesters with a 31cm (12-inch) knife at a Lennon Wall in Tseung Kwan O last August. The frenzied attack left the victims, aged 24 to 35, needing hospital treatment, with a reporter in critical condition after the blade pierced her back with a force that fractured a rib and bruised a lung, while another of the injured required seven stitches after being slashed in the head. The 3 victims were later diagnosed with post-traumatic stress disorder at varying degrees.
Mainland-born Hung pleaded guilty to three counts of wounding with intent last December. Defending him in a District Court last Friday (April 24), Hung’s lawyer said the attack happened amidst “the social unrest unprecedented” in Hong Kong, which had forced his client out of work for about two months. Hung, therefore, blamed pro-democracy protesters for the economic downturn, putting him in his financial predicament. In mitigation, the lawyer implored that Hung was not a violent person and was genuinely remorseful and had apologised to his victims, the court, and the community.
The defendant’s plea was readily accepted by the district judge, Kwok Wai-kin, who agreed that Hung had acted irrationally and that his actions were not of his character, and it happened only because his emotions were uncontrollable after months of protests and that it was further fueled as he walked through the tunnel filled with messages he disagreed with.
Kwok also expressed extraordinary sympathy towards the defendant, describing Hung as “an involuntary sacrifice and a bloodstained victim hanging by his last breath” as the protesters had “ruthlessly trampled on his right to work, live and survive” and put the final nail in his coffin when they openly attacked mainlanders at the airport.
Apparently unrelated to the case hearing, the judge weighed in on the protests with remarks on how black-clad protesters armed with umbrellas had ganged up like an army and fundamentally changed Hong Kong with extremist conduct reminiscent of the Cultural Revolution. “It’s ironic that such ugly behaviour should come from those claiming to pursue democracy,” Kwok said.
Kwok, on the other hand, praised Hung for “showing noble qualities” when he wrote to the court expressing his wish that his punishment could help relieve what the victims had gone through. “Such qualities are not to be found even in some well-educated intellectuals and professionals,” Kwok claimed. For these reasons barely laid, Kwok slashed sentencing substantially by 1/3 from 72 months imprisonment to 45 months.
The journalist who was severely injured in the attack, responded with grave disappointment, “this [the sentencing] is unacceptable. Apologizing after intentionally knifing three persons is hypocritical act and unacceptable.” In the face of injustice, she called for Hong Kong people to fight on, not giving up.
Source: Stand News, SCMP, RTHK #Apr25 #KwokWaiKin #RuleofLaw #Judiciary
Judge for Lennon Wall Assault Praises Defendant for “showing noble qualities”; Traumatised Victim Cries for Justice
A tour guide,by the name of Hung Chun, stabbed 3 pro-democracy protesters with a 31cm (12-inch) knife at a Lennon Wall in Tseung Kwan O last August. The frenzied attack left the victims, aged 24 to 35, needing hospital treatment, with a reporter in critical condition after the blade pierced her back with a force that fractured a rib and bruised a lung, while another of the injured required seven stitches after being slashed in the head. The 3 victims were later diagnosed with post-traumatic stress disorder at varying degrees.
Mainland-born Hung pleaded guilty to three counts of wounding with intent last December. Defending him in a District Court last Friday (April 24), Hung’s lawyer said the attack happened amidst “the social unrest unprecedented” in Hong Kong, which had forced his client out of work for about two months. Hung, therefore, blamed pro-democracy protesters for the economic downturn, putting him in his financial predicament. In mitigation, the lawyer implored that Hung was not a violent person and was genuinely remorseful and had apologised to his victims, the court, and the community.
The defendant’s plea was readily accepted by the district judge, Kwok Wai-kin, who agreed that Hung had acted irrationally and that his actions were not of his character, and it happened only because his emotions were uncontrollable after months of protests and that it was further fueled as he walked through the tunnel filled with messages he disagreed with.
Kwok also expressed extraordinary sympathy towards the defendant, describing Hung as “an involuntary sacrifice and a bloodstained victim hanging by his last breath” as the protesters had “ruthlessly trampled on his right to work, live and survive” and put the final nail in his coffin when they openly attacked mainlanders at the airport.
Apparently unrelated to the case hearing, the judge weighed in on the protests with remarks on how black-clad protesters armed with umbrellas had ganged up like an army and fundamentally changed Hong Kong with extremist conduct reminiscent of the Cultural Revolution. “It’s ironic that such ugly behaviour should come from those claiming to pursue democracy,” Kwok said.
Kwok, on the other hand, praised Hung for “showing noble qualities” when he wrote to the court expressing his wish that his punishment could help relieve what the victims had gone through. “Such qualities are not to be found even in some well-educated intellectuals and professionals,” Kwok claimed. For these reasons barely laid, Kwok slashed sentencing substantially by 1/3 from 72 months imprisonment to 45 months.
The journalist who was severely injured in the attack, responded with grave disappointment, “this [the sentencing] is unacceptable. Apologizing after intentionally knifing three persons is hypocritical act and unacceptable.” In the face of injustice, she called for Hong Kong people to fight on, not giving up.
Source: Stand News, SCMP, RTHK #Apr25 #KwokWaiKin #RuleofLaw #Judiciary