#Court
47 democrats’ subversion case adjourned to June 2022

Source: Hong Kong Free Press #Apr28

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#Court
47 democrats’ subversion case adjourned to June 2022

//Hong Kong’s high-profile subversion case involving 47 leading democrats has been adjourned to June 2022, days after a court judgement revealed at least 11 of them would plead guilty to the offence under the Beijing-imposed #NationalSecurityLaw.

Most of the group have been held in custody since their arrest in February last year and their cases have been repeatedly adjourned. Only 13 of them have been granted bail.

The democrats, accused of conspiracy to commit subversion, appeared before Principal Magistrate Peter Law on Thursday. The court is handling proceedings to commit them to the High Court, where the maximum penalty is life in prison.

Unlike previous hearings, the courtroom was relatively quiet when the democrats were escorted to the dock by corrections officers. Their family and friends, who took up most seats in the public gallery, only waved at the group and made hand gestures.

Court attendees have been less vocal since six people were arrested earlier this month under the colonial-era sedition law for allegedly causing nuisance during a hearing. One of the arrestees, citizen journalist Siew Yun-long – better known as Siu Wan – also attended Thursday’s hearing.//

https://hongkongfp.com/2022/04/28/47-democrats-subversion-case-adjourned-to-june/

Source: Hong Kong Free Press #Apr28

#Save47 #PoliticalPrisoner #Jail

#Court #FailedState
Upcoming Chief Executive Violates Election Regulations and Asks to be Exempted

#JohnLee, former chief of police and the next Chief Executive of the Hong Kong SAR, was found violating the election regulations, as he failed to submit the Consent of Support forms on the day when his advertisement was published.

The consent forms concerned table tennis team coach Li Ching, lawmaker Nelson Lam and artist Alex Fong.

The penalties can go up to a fine of HK$5,000 and a sentence of six months in jail; however, Lee asked the High Court to “exempt” him from the regulations, and “relieve” him from the penalties.

According to Hong Kong Free Press, Lee also urged the court to waive the costs of his application for the penalties to be waived.

Source: Ming Pao; Hong Kong Free Press #Jun8

Image: ReNews

Hong Kong Judiciary updates “Guide to Judicial Conduct” to Restrain Judges' Social Media Activities

On May 16, 2022,the Judiciary of Hong Kong updated the “Guide to Judicial Conduct” since 14 years. The new guidelines targets judges and judicial officers and added suggestion of their social media activities.

For example, judges and judicial officers are asked to be extra cautious on “adding friends”, “liking posts” and “following” anyone or any organization. At the same time, they should ensure that thet themselves and their friends and family would not unnecessarily reveal their contact details and private life information, to avoid being “doxxed”.

The Guide also has regulations on how judges and nudicial officers shall behave in interviews and warned them of making comments to the media, even when it is anonymous.

Since the implementation of the #NationalSecurityLaw (#NSL), foreign media has interviewed a few Hong Kong judges who stayed anonynous and showed their concerns about unfair court decision. The new regulations also mention that the media’s enquiry should be referred to the court and will be sent to Press and Public Relations Section for follow-up.

In recent years, many judges in Hong Kong have been criticized for taking the side of the authorities when dealing with the social movement-related cases. However, the Guide told the judges and judicial officers are asked avoid responding to any criticism, sending letters to the press, and dealing with other matters in court.

Source: Inmedia #May16
https://bit.ly/3Mly9WW

#JudicialConduct #Doxxing #Court #FailedState #Micromanagement

#Court
Hong Kong's Captain America 2.0: Not Ashamed, No Regret, No Cowardice in Pursuing Democracy and Justice

Translated by the Guardians of Hong Kong

MA Chun-man, aka Captain America 2.0, is convicted by the court on November 2021, guilty of “inciting others to secede” and sentenced to five years and nine months imprisonment.

CHAN Kwong-chi, the designated judge, pointed out that the defendant repeatedly incited others to secede, in the mean time disparaged the #NationalSecurityLaw (#NSL). Chan deems that this case is a “serious offence” as articulated in the law.

Ma wrote his own letter of intercession and emphasized that he does not feel ashamed and has no regrets…

Continue Reading the Fully Translated Story Here:

https://telegra.ph/Captain-America-20-Not-Ashamed-No-Regret-No-Cowardice-in-Pursuing-Democracy-and-Justice-12-30

Source: The Stand News #Nov11

#MaChunMan #CaptainAmerica
#Hongkonger #LetterOfIntercession #PoliticalPrisoner
#StandNews

British lawyers defending Hong Kong pro-democracy tycoon Jimmy Lai say they have received threats

//Barristers from a British law firm who are representing jailed Hong Kong tycoon and democracy campaigner #JimmyLai said on July 7, 2022 they had received anonymous e-mails warning them against travelling to the city to defend him.

Lai is among the most prominent people in Hong Kong to be charged under a #National SecurityLaw that Beijing imposed in June 2020 to punish terrorism, collusion with foreign forces, subversion and secession with possible life imprisonment.

The barristers - Caoilfhionn Gallagher, Jonathan Price and Jennifer Robinson from Doughty Street Chambers - told Reuters the messages came from a generic Gmail address.

"A person that refuses to abide by the laws of the Hong Kong Special Administrative Region could be extradited...from other jurisdictions. Foreign nationals will be charged with the offences of subversion," one of the e-mails said. "You have been warned not to attempt entry or land in Chinese territory."

The barristers declined to say if they would be travelling to Hong Kong for the trial.

"Threatening journalists, campaigners and lawyers within Hong Kong has been happening for some time," the barristers said in an e-mail.

"Now these intimidatory tactics are spreading outside the borders of China and Hong Kong."

Police said in a statement they were concerned about the media reports and "strongly condemn the act of impersonating police officers". They appealed to those concerned to provide further information.

The government did not immediately respond to a request for comment on whether the barristers would be allowed to enter Hong Kong.

Baroness Helena Kennedy, Director of the International Bar Association's Institute of Fundamental Rights, condemned what she said was an act of intimidation.

"Intimidating the lawyers who act for citizens pursuing freedom and democracy is the tactic of an authoritarian regime," she said.

"Jimmy Lai's right to instruct international lawyers of his choice is fundamental to a fair trial. The Hong Kong authorities seem to have abandoned the values which underpin the rule of law."//

Source: Reuters #Jul7
https://www.reuters.com/world/china/british-lawyers-defending-hong-kong-tycoon-say-they-receive-threats-2022-07-07/

#PoliceState #CCP #Intimidation #FairTrial #Lawyer #Court #AppleDaily #NextMedia

#Court #PoliceState
66-year-old #GrandmaWong sentenced to 32-week jail after waving Union Jack Flag in Hong Kong

Source: InMedia #Jul13

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#Court #PoliceState
66-year-old #GrandmaWong sentenced to 32-week jail after waving Union Jack Flag in Hong Kong

On 13 July, 2022, 66-year-old Wong Fung-yiu, known as “Grandma Wong”, a pro-democracy Hongkonger, pleads guilty to unlawful assembly and is sentenced to 32 weeks imprisonment for waving the Union Jack flag in Hong Kong. She claims that she was interrogated by China's Public Security authorities two days after the flag waving incident.

“Grandma Wong” was charged for two counts of unlawful assembly in August 2019 at Quarry Bay Station and Taikoo Station, waving the Union Jack flag at demonstrations and verbally abusing the police.

In February 2022, Grandma Wong pleaded not guilty and initiated to cancel her bail. She was escorted to the Eastern Magistrates' Courts on 13 July, 2022. During trial, she was not happy with the “snail speed” of the trial and thus changed her plea, stating “I will take the rap” as she does not want to die in jail like Liu Xiaobo [deceased Nobel Peace Prize winner]. She was jailed for 32 weeks by magistrate Ada Yim.

Furthermore, Grandma Wong revealed that she went to China two days after the flag waving incident and was detained by the local “Public Security” for 40 days interrogating her about her case. Magistrate Yim raised questions about this and the prosecutor responded that they could contact the mainland police but it might take three to four months to get a reply. Defendant Grandma Wong indicated there was no need to wait. In the end, magistrate Yim pointed out that the defendant had not been prosecuted elsewhere, thus the sentence would not be commuted.

Source: InMedia #Jul13
https://bit.ly/3c4gAgR

#PoliticalProsecution #PoliticalPrisoner #AntiELAB #UnionJack

#Court
Student Activists from #StudentPoliticism plead guilty to "conspiring to incite subversion"

Source: InMedia #Jul29

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Student Activists from #StudentPoliticism plead guilty to "conspiring to incite subversion"

Four former members of the now-disbanded pro-democracy group "Student Politicism" were charged with "conspiring to incite subversion". Former convenor Wong Yat-chin (aged 21), ex-secretary general Chan Chi-sum (aged 21), and ex-spokespersons Jessica Chu (aged 19) and Alice Wong (aged 20) were presented at the District Court in Hong Kong on July 29, 2022. They pleaded guilty.

Apart from Chu, the other three members have been detained for more than 10 months.

They were prosecuted for holding street booths on seven occasions between October 2020 and June 2021. The prosecution alleged that the group called on fellow citizens to "keep on fighting" and chanted the slogan "Liberate Hong Kong, Revolution of our times".

Source: InMedia #Jul29
https://bit.ly/3Q0eZr8

#NationalSecurityLaw #PoliticalPrisoner #PoliceState

#Court
Man who Posted Video of Olympic Gold Ceremony with "Glory to Hong Kong" Now Charged with "Insulting National Anthem of China"

When Hong Kong fencer #CheungKaLong won a #GoldMedal at the #TokyoOlympics in July 2021, many Hongkongers were overjoyed. Among them, a 27-year-old man published a video of the medal ceremony on the Internet, replacing the audio of China's national anthem with "Glory to Hong Kong," an anthem of the 2019 #AntiELAB movement.

One year later, the man was now charged with "insulting the national anthem of China" and "insulting the emblem of the Hong Kong SAR."

The case was heard in the Eastern Magistrates on July 22, 2022. The man was not represented by any counsel. The magistrate accepted the man's request to postpone the hearing to September 2, 2022, so that the man can look for a lawyer.

Source: InMedia #Jul22
https://bit.ly/3aVGjYS

#NationalAnthemOrdinance #PoliceState #Censorship #GlorytoHongKong #Sport #OnlineVideo #HongKongAthlete

#Court
Hong Kong court quashes decision to enforce reporting ban on activist’s national security case in landmark ruling

Source: Hong Kong Free Press #Aug2

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Hong Kong court quashes decision to enforce reporting ban on activist’s 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 magistrate’s 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 group’s 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 Kong’s annual candlelight vigils commemorating victims of the #TiananmenCrackdown, where it is estimated that hundreds, perhaps thousands, died when the People’s 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

#Court
Hong Kong's First case charged by #NationalAnthemOrdinance for holding the British Hong Kong flag

Source: Inmedia #July22

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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

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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 congress’ ’31 August decision’ to limit candidacy and representation in Hong Kong’s 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.

“[Let’s say] you show up in a battle in a certain country’s military uniform. You have a red cross on your arm, and you’re a medic. Does that mean you’re not part of the frontline fighting? Isn’t that still a kind of support or encouragement?” 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.

“Why is it that you can’t possibly be one of the rioters if you’re a first aider? It’s not like you were with St John [Ambulance], is it?” Mr Pang said.

The prosecutor said it is for the court to decide if the appellant was a genuine first aider.

“A mere claim of having been a first aider [on the scene] doesn’t give one immunity,” 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

Sources: InMedia #Jul18 #Jul22 ; You are not alone HK #Jul20

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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 “#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

Beijing gives Hong Kong leader power to bar foreign lawyers after loss at top court

China’s 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 city’s courts.

Critics said the decision created a “dual state” in Hong Kong’s justice system and turned its national security committee, controlled by top Hong Kong and Beijing officials, into an “omnipotent authority” 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/