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#Court #PoliticalProsecution
HK Court Denies Bail for 36 in
#47Activists Case, Assigned Judge: "Five Demands" Endander #NationalSecurity

Among the 47 pro-democracy activists facing allegations of “conspiracy to commit subversion” in connection with a legislative primary election in Hong Kong in 2020, 36 of them have been denied bail.

'#LongHair' Leung Kwok-hung and Jimmy Sham Tsz-kit, who are the vice-chairmen of the League of Social Democrats, were among the 36 who were denied bail.

Both of them applied for bail at Hong Kong's High Court earlier, but Judge Esther Toh Lye-ping , the designated judge of the #NationalSecurityLaw, refused to grant them bail and ordered to hold them back in custody.

The senior counsel Hectar Pun representing Leung and Sham pointed out that they have never advocated "Hong Kong independence", colluded with foreign forces or requested sanctions against the Chinese and Hong Kong governments, nor did they sign the "No Regrets" online statement.

Pun also said that Leung's local ties are strong, he has recently gotten married and is suffering from coronary heart disease, so the risk of absconding is low.

Moreover, Sham has always been active in the local #LGBT community, he married his partner who is also a Hong Kong resident in 2013, so Sham has no interest in leaving Hong Kong.

The judge issued her reasons on May 13, 2021, claiming there was no good reason to believe the two would not continue to act against national security.

The judge cited that the Department of Justice's arguments against bail, saying that Sham still stated he would continue to fight for the "#FiveDemands", in front of the police station upon his arrival on Feb 28, 2021. This indicated that there was no reason to believe he would not continue to endanger national security.

Source: InMedia #May13
https://bit.ly/3bqpwdh

#47Democrats #JimmySham #LeungKwokHung #Bail #PoliceState
#FirstHand #May31
Hongkongers Voice Support for Pro-democracy Activists Charged with National Security Law

Photos: https://t.me/guardiansofhongkong/29846

On May 31, 2021, 47 pro-democracy activists and former legislators appeared in the the West Kowloon Magistrates’ Courts.

Many Hongkongers went to the court to show their support to the pro-democracy activists. Despite the hot weather, a huge crowd queued up, hoping to get a seat to look at the trial in thd public gallery of the court house.

Some of them chanted slogans of encouragement and signed “five demands, not one less” outside the court. The police cordoned off the area and monitored the crowd closely.

The case of the 47 pro-democracy activists marks one of the largest crackdowns on civil society by the Hong Kong authorities. They were arrested in January 2021 for breaching the national security law that was imposed by Beijing on Hong Kong since June 2020. The authorities' accusation was based on their participation a primary election among the democratic camp in July 2020.

#Save47 #Court #Solidarity #NeverGiveUp #HongKongProtests #PoliceState #Crackdown #47Democrats #PoliticalPrisoners #PoliticalProsecution
#FirstHand #May31
Hong Kong Court Refuses to Answer Whether Jury Trial Would Take Place for #47Democrats

On May 31, 2021, the 47 Hong Kong pro-democracy advocates charged with national security breaches appeared at the West Kowloon Magistracy.

The prosecution demanded the case to be transferred to the High Court, which could impose penalties of up to life imprisonment.

The counsel – representing 'Long Hair' Leung Kwok-hung, Jimmy Sham and Lester Shum – asked the court whether a jury trial would take place. However, the Chief Magistrate Victor So did not give any answer.

Out of the 47 defendants, only 11 were previously granted bail. They showed up at the hearing to support the other 36 who have been detained for more than 90 days.

#Save47 #Court #Solidarity #NeverGiveUp #HongKongProtests #PoliceState #Crackdown #47Democrats #PoliticalPrisoners #PoliticalProsecution

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Hongkongers Voice Support for Pro-democracy Activists Charged with National Security Law

https://t.me/guardiansofhongkong/
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#FirstHand #May31
Ex-Lawmaker #EmilyLau Calls Out Unfairness in NSL Trial Procedures, As Hundreds Gather Outside 47 Democrats' Court Hearing

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https://t.me/guardiansofhongkong/29879
#FirstHand #May31
Ex-Lawmaker #EmilyLau Calls Out Unfairness in NSL Trial Procedures, As Hundreds Gather Outside 47 Democrats' Court Hearing

Video: https://t.me/guardiansofhongkong/29878

Former Democratic Party chairperson Emily Lau was among the large crowds of Hongkongers who turned out on Monday, May 31, 2021, in support of the #47Democrats, who appeared in court at the West Kowloon Magistracy,

"I'm not a lawyer," Lau said, "but I think that if they haven't finished investigations -- and it could go on for who knows how many more months, how many more years -- then finish it first, and let the people go! Why keep them all locked up?"

"This is not how things used to work in Hong Kong." said Lau, who had been involved in politics since the first direct election of LegCo in 1991. "That's why you see so many people coming out today. Everybody is incensed."

"You have to be more fair," Lau continued.

"Others have also said the same thing: free the people first, then they can take as long as they want with the investigations. But no, they haven't gathered enough evidence, they said; they needed to investigate carefully, they said."

"It's handled so badly! How could they do this?"

The case is adjourned until July 8, 2021, when the 47 Democrats will appear in court again. The 36 defendants who had not been granted bail continue to be held in custody.

#Court #NationalSecurityLaw
#PoliticalProsecution #PoliceState #Save47 #Interview #Video

====
Related Stories:

Hong Kong Court Refuses to Answer Whether Jury Trial Would Take Place for #47Democrats

https://t.me/guardiansofhongkong/29857

Hongkongers Voice Support for Pro-democracy Activists Charged with National Security Law
https://t.me/guardiansofhongkong/29846
#Save47 #Court
After One Year of Detention, Prosecution Documents Are Still Not Ready

As of November 2021, most of the "47 democrats" in Hong Kong have been detained for 8 months after being arrested for "conspiring to subvert state power" under the #NationalSecurityLaw (#NSL). They were charged over the #PrimaryElection which was held on July 11 and 12, 2020.

On November 29, 2021, a trial took place at the West-Kowloon Magistrates' Court in Hong Kong.

The defence informed the magistrate about their intention of confessing their accusation.

One of the defendants told the magistrate #LawTakChuenPeter that he has dismissed his legal aid counsel and would defend himself. He also made a complaint about the prosecutor who failed to provide him with the relevant documents about his case.

During the trial, most of the time was spent in reporting the progress of translation and document verification. Likewise, most debates are about the document preparation progress of the prosecution and the time they have spent, considering that the defendants have been detained for nearly one year.

After the tug-of-war between the defence and the prosecution, the magistrate asked the Chief Prosecutor #LoTinWaiAndy to set up a timeline and submit their documents accordingly.

The court proposed the next trial date, Feb 8, 2022, for some defendants tentatively. However, the timetable of tge prosecutor was yet to be confirmed.

In the next hour in court, the defence and the prosecution had disputes over the time when documents related to "summary of facts" and the "allegations" would be completed. They both had a different timeframe in mind.

While some defendants would be mentioned Feb 8, 2022, all of them will be presented in court in March 4, 2022. This means the democrats would have been detained for more than a year when the next trial takes place.

Source: You are not alone Telegram Channel #Nov29

https://t.me/youarenotalonehk_live/18823

Image: Stand News
https://thestandnews.page.link/HrCv1WBSzAsT6nw99

#Regime #FailedState #Judiciary #Arrest #47Democrats
#Save47 #Court
Attending Citizens Cheer at #47Democrats under Trial and Jeer Disorganized Prosecution

Source: You are not alone Telegram Channel #Nov29

Image: Stand News

Read more
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https://t.me/guardiansofhongkong/31548
#Save47 #Court
Attending Citizens Cheer at
#47Democrats under Trial and Jeer Disorganized Prosecution

In Hong Kong on November 29, 2021, the case of the 47 democrats, who were charged by the #NationalSecurityLaw for participating in a primary election in 2020, was trialed in court.

Although the trial was scheduled at 2 pm, the authorities did not bring the defendants currently detained to the court on time. Their families and friends, as well as the citizens attending the trial became agitated after more than an hour of waiting.

"Can the judiciary explain the cause of the one hour delay?" citizens in the court complained, "They [the authorities] do not have respect for the attendees at all!"

The court secretary claimed that there was a problem with the communication system.

In the extended court, the speaker was not turned on until 2:46 pm. After that, the court kept repeating the court regulations.

The defendants were sent to the court after the magistrate #LawTakChuenPeter arrived at the courtroom at 3:30pm.

When entering the court room, some defendants raised their hands to thank the citizens who sent a round of encouraging words.

An hour later, the trial did not have much progress. The chief prosecutor #LawTinWah suggested to split the defendants for separate trial. He proposed one of the groups to be on trial again on Feb 8, 2022. At this time, a male voice was heard saying, "get lost", followed by a round of laughter.

The magistrate did not accept the chief prosecutor's suggestion.

One of the barristers representing the defence sternly criticised the prosecution for procrastination, causing the lack of time for lawyers to give legal advice to the defendants. The comment was received with a round of applause. Nevertheless, the prosecution denied.

At around 5pm, another barrister in the defence reiterated that the legal team "eagerly" wished to receive the required documents from the prosecution in the past 8 months, but it did not happen. Another round of applause followed.

Finally, the magistrate called an end to the day's trial after 7 pm. Citizens in court encouraged the defendants and each other, "Keep it up, Hongkongers!" Some sent Birthday wishes to the detained pro-democracy figures.

Read more:
https://t.me/guardiansofhongkong/31545

Source: You are not alone Telegram Channel #Nov29

Image: Stand News

#FailedState #Regime #Prosecution #Detention
#Save47 #Court
Defendants Apply to Lift Restrictions on Reporting Court Proceedings

#FailedState #Regime #Prosecution #Detention #HKPrimaries

Source: Stand News, You are not alone Telegram Channel; #Nov29

Image: Epoch Times

Read more
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https://t.me/guardiansofhongkong/31554
#Save47 #Court
Defendants Apply to Lift Restrictions on Reporting Court Proceedings

Towards the end of the court hearing for the #47Democrats on Nov 29, one defending lawyer attempted to seek clarification from Magistrate #LawTakChunPeter over three legal stand points, including asking the court to lift the reporting restrictions set out in the Magistrates Ordinance.

Section 87A of the Magistrates Ordinance prohibits reporting the majority of details of committal proceedings, but defendants have the right to request that the restrictions be removed. Accordingly, several defendants' lawyers asked the court to remove the limitations.

Magistrate Law, in fact, sought assistance from one of the defending lawyers to coordinate the matter. The courtroom broke into laughter as the judge struggled with the overwhelming workload of a case with 47 defendants.

The magistrate decided to adjourn hearing the substantive arguments on the application to January 17, 2022 at 9:30am.

He ordered some defendants to return to the court on February 8, while another court appearance is scheduled for March 4.

#FailedState #Regime #Prosecution #Detention #HKPrimaries

Source: Stand News, You are not alone Telegram Channel #Nov29

Read more:
After One Year of Detention, Prosecution Documents Are Still Not Ready
https://t.me/guardiansofhongkong/31545

Attending Citizens Cheer at #47Democrats under Trial and Jeer Disorganized Prosecution
https://t.me/guardiansofhongkong/31547
#Save47 #Court
Defendants and Supporters Catch a Moment to Cheer On Each Other

Most of the defendants of the #47Democrats case have been remanded for over 8 months. Court hearings have become the only occasion where they can see their families and friends.

When the four-hour-long hearing ended on Nov 29, defendants in the dock stood on the benches and moved close to the glass panels to bid farewell to the court attendees.

Former district councilor Sam Cheung shouted, "the toilet in room 1 has been fixed!" Owen Chow shouted back, "Work out more, Sam Cheung!"

Cheung grinned as he replied jokingly, "Prison life is hard, I got no time for work out!"

Former district councilor Tiffany Yuen told fellow defendant Owen Chow – who is on bail – to write letters back to her. Chow acknowledged her, shouting back “Bye bye Tiffany!”

#FailedState #Regime #Solidarity #HKPrimaries

Source: Stand News, #Nov29
https://thestandnews.page.link/HrCv1WBSzAsT6nw99

Read more:
After One Year of Detention, Prosecution Documents Are Still Not Ready
https://t.me/guardiansofhongkong/31545

Attending Citizens Cheer at #47Democrats under Trial and Jeer Disorganized Prosecution
https://t.me/guardiansofhongkong/31547

Defendants Apply to Lift Restrictions on Reporting Court Proceedings
https://t.me/guardiansofhongkong/31553
Prince Wong Ji-yuet Granted Bail In Time for Winter Solstice

(Editor's note: Winter Solstice falls on Dec 21 this year. It is traditionally celebrated in Hong Kong with a family dinner, which locals treat as even more important than family visits during Lunar New Year.)

Prince Wong Ji-yuet, one of the #47Democrats in the Primary Election case, was granted bail by the High Court after having been remanded for 10 months.

The Primary Election case, which saw 47 people charged with “conspiracy to subvert state power” under the National Security Law (#NSL), was heard by the West Kowloon Magistracy earlier, and will be postponed until March 4 next year. 14 defendants have been granted bail, while the rest remain in custody since their arrest 10 months ago, including Wong.

NSL-designated judge Toh Lye-ping approved Wong's bail application this afternoon after hearing the statements of both parties. Wong was calm when she received the approval, while her husband looked skyward and seemed relieved. As one of her bail conditions was that she must remain at the designated address, the judge reminded Wong that she must obey the bail conditions and take them seriously, and not to take a "staycation" at another location.

Wong left the court around 6:30pm by private car. She looked back at reporters before getting in the car, and raised her right fist with a smile.

#PrimaryElection #NationalSecurityLaw
 
Source: Stand News #Dec21

https://www.facebook.com/710476795704610/posts/4875149819237266/
#Interview #StandNews
#EU Ambassador to Hong Kong: #NationalSecurityLaw has inhibited specific political rights and civil society in Hong Kong

[Editor's notes: On the World Human Rights Day (December 10, 2021), Ambassador #ThomasGnocchi, Head of the European Union Office to Hong Kong and Macao, told now-defunct online media outlet, Stand News that he witnessed many changes in thr city after the change of sovereignty in 1997.]

Read Part 1:
https://t.me/guardiansofhongkong/31885

In January, 2021, the Hong Kong national security bureau arrested #47Democrats over their organisation and participation in a Legislative Council election primaries, which marked one of the largest crackdowns on civil society by the Hong Kong authorities.

Thomas Gnocchi, EU Ambassador to Hong Kong and Macau, said he is aware of the cases linked to national security violations and extended detention period before a trial actually took place.

Although he declined to comment on these on-going cases, Gnocchi reiterated EU’s stance, “the National Security Law has inhibited specific political rights.” “We see some issues are in a way quite problematic,” he added.

When talking about the relationship between Hong Kong government and media, Gnocchi agreed that it has become worrying. He said, “We’ve put forth our concern on this matter to Hong Kong authorities. This is what we can do on our side.”

China has been the EU's largest trading partner since 2020. During the 7-year-long negotiation over the China-EU Comprehensive Investment Agreement, human rights issues in China has always been an obstacle. In May 2021, the European Parliament overwhelmingly passed a freeze on the ratification process of the Agreement, saying that the move is aimed at Beijing's sanctions on EU personnel and Hong Kong, Xinjiang and other human rights issues.

On China-EU political conflicts and economic cooperation, Gnocchi claimed that, “It's a matter of trade-offs.” “For us, we have put forward a wide range of topics for discussion, and we hope that a complete set of topics can be discussed. These issues are all interconnected to us, and you are unlikely to separate them.” Gnocchi said.

On December 10, 2021, the EU made its latest Declaration of Human Rights, stating that it has been strengthening human rights protections around the globe during 2021. For the first time, the EU imposed sanctions on people or regimes involved in serious human rights violations and abuses, including China, North Korea, Libya, South Sudan, Eritrea and Russia.

In 2021-2027, the EU will invest over €1.5 billion in support of development of civil rights groups and human rights groups. The declaration concluded by stating that "the realization of human rights is not only a priority for the dignity of mankind; it is the cornerstone of democracy, peace and security and sustainable development".

Source: Stand News #Dec10
#Arrest #PoliticalOppression
An Australian-Chinese dual citizen was accused of violating National Security Law
HK authorities : No obligation to grant consular visitation to dual nationals


On February 8, Australian Broadcast Company (#ABC) quoted the federal government that an Australian-Chinese man was charged under the National security law (#NSL).

Although the authorities did not reveal his identity, a spokesperson at Australia's Department of Foreign Affairs and Trade (#DFAT) indicated that the defendant was arrested on Jan 6, 2021, for "conspiring to subvert state power".

He was released on bail the next day but was then re-arrested on March 1 when attending court, and charged with "subversion".

With reference to the date of arrest and the accusation, the man is said to be one of the #47Democrats, Gordon Ng (#吳政亨).

Yet, ABC cannot confirm whether the defendant mentioned by DFAT is Gordon Ng.

DFAT has also revealed that Australian officials have been repeatedly refused consular access to the man, because Hong Kong authorities no longer recognise dual citizenship.

"The Australian Consulate-General in Hong Kong was notified by Hong Kong authorities of the arrest of a dual Australian-Chinese citizen under its National Security Law in January 2021," a DFAT spokesperson said.

The report continued that the Hong Kong Security Bureau declined to provide any further details about the prosecution, saying that it could not comment on individual cases; and that the Hong Kong government was not obliged to grant consular visitation rights to dual nationals.

ps. Gordon Ng is the founder of Legcopetition, a voluntary group for primaries. He is also known as "#Liberal (#李伯盧)" on social media platforms.

#PrimaryElection #Primaries #Legcopetition #Australia #SecurityBureau #GorgonNg #NgChingHang

Source: Radio France Asia; #Feb8
https://www.rfa.org/cantonese/news/htm/hk-aus-02082022055359.html
#PoliticalOppression #Court
#47democrats in Hong Kong detained for almost a year while awaiting trial

Source: InMedia #Feb8

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