#FirstHand #May31
Ex-Lawmaker #EmilyLau Calls Out Unfairness in NSL Trial Procedures, As Hundreds Gather Outside 47 Democrats' Court Hearing

Read more
⬇️⬇️⬇️
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
⬇️⬇️⬇️

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
⬇️⬇️⬇️⬇️

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

Read more
⬇️⬇️

#PoliticalOppression #Court
#47democrats in Hong Kong detained for almost a year while awaiting trial

The national security case involving 47 pro-democracy figures continued its third time hearing on February 8, 2022 in a Hong Kong Court.

The case was again adjourned for next hearing scheduled on February 28, 2022. By then, most of the defendants have remanded in custody for almost one year.

The 47 defendants – including activist #JoshuaWong, former law professor #BennyTai and ex-lawmakers #LamCheukTing, #WuChiWai and #LeungKwokHung – stand accused of taking part in an unofficial primary election in July 2020 with a view to subverting the state power.

Only 14 of the accused democrats are currently on bail pending trial. Others have been in custody for almost one year while they await trial.

#NationalSecurityLaw #NSL #PoliceState #WhiteTerror

Source: InmediaHK, #Feb8
https://bit.ly/3GEDTrc

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

Source: InMedia, GordonNgConcernGroup Facebook Page #Aug18

Read more
⬇️⬇️⬇️

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

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

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

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

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

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

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

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

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

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

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

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

Source: InMedia, GordonNgConcernGroup Facebook Page #Aug18

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

Read more about the case:

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

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

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

#47Democrats #PrimaryElection #SubvertionofStatePower
As the restrictions on reporting got lifted, #Inmedia revealed how 47 democrats in Hong Kong plead guilty in June, 2022.

Source: Inmediahk, #Aug18

Read more
⬇️⬇️⬇️

#47Democrats #PrimaryElection #SubvertionofStatePower

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

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

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

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

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

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

Everyone has a different way of pleading guilty:

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

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

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

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

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

#LiKaTat shouted, "PG!"

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

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

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

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

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

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

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

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

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

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

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

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

Source: InMedia #Aug18

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

Case of the 47 democrats update: Lau Wing-hong & Wong Pak-yu's hearing

Lau Wing-hong and Wong Pak-yu, who planned to plead guilty, attended their hearings on 8 Oct 2022.

Lau stated that since his legal aid application was cancelled, he had to represent himself. He requested a Chinese hearing since "we are all Chinese" and this "shows the spirit of national security", yet his request was denied by the judge.

When discussing their sentences, both Lau and Wong wished to be sentenced before the hearing.

Source: The Witness #Sep08

#47Democrats #Chinese #LauWingHong #WongPakYu

https://bit.ly/3qlENDm

Hong Kong’s 47 democrats national security case: 19 things since March 2021 you must know

By Translated by BeWaterHK – Sep 3, 2022 • 15 September 2022

A total of 47 democrats were charged with "conspiracy to subversion" for participating in and organising the "35+ primary election" in Hong Kong. Committal proceedings were completed in July 2022 for transfer to the High Court. Under Magistrates Ordinance Section 87A (Restrictions on reports of committal proceedings), journalists have been prevented from reporting on the pre-trial hearings until the win in the appeal by Tonyee Chow Hang-tung to remove media report restrictions on court proceedings of a case related to Hong Kong Alliance in Support of Patriotic Democratic Movements of China (HKASPDMC)…

Reporter: Alvin Chan • 18 August 2022

#47Democrats #NSL #HighCourt #AlvinChan

Full Story：

https://telegra.ph/Hong-Kongs-47-democrats-national-security-case-19-things-since-March-2021-you-must-know-09-14