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#Injustice #Court #RulebyLaw
HK's Department of Justice suggests "No Bail Provision" for National Security suspects


Apple Daily founder #JimmyLai appeared in court on February 1, 2021 to face the government’s appeal against the decision to extend his bail.

The 73-year-old pro-democracy media tycoon had been kept in custody since December 2020 pending trial for alleged "violations of the national security law and fraud".

A panel of five national security judges, including the new Chief Justice Andrew Cheung Kui-nung, permanent judges Roberto Ribeiro and Joseph Paul Fok Shiu-kong and non-permanent judges Patrick Chan Siu-oi and Frank Stock presided over the hearing.

The hearing is set to determine the meaning of Article 42 of the national security law, which stipulates that no bail shall be granted to a criminal suspect or defendant unless the judge has sufficient grounds for believing he or she will not continue to commit acts endangering national security.

Representing the Department of Justice (#DoJ), Anthony Chau, Senior Assistant Director of Public Prosecutions, argued that when handling bail application for cases linked to national security offences, the court should adopt a “two-stage approach” to give priority to Article 42, paragraph 2, which that stipulated a “no bail unless” condition.

Chau stressed that the court must consider a national security law clause first, which says no “bail will be granted to a defendant unless the judge has sufficient grounds for believing that the defendant will not continue to endanger national security.”

Other factors – such as bail terms offered by the defendant – should only be considered in the latter stage, Chau said, adding the judge must always bear in mind the nature of the offences endangering national security, which could be “difficult to detect.”

Source: Stand News, #Feb1

#Article42 #Bail #NationalSecurityLaw #Regime
#WhiteTerror #Regime #CCP
Citizen Journalist Zhang Zhan Seen Looking Haggard After Hunger Strike in Chinese Prison

The photos of citizen Journalist Zhang Zhan's appearance in court have been released. Zhang is said to have been undergoing a hunger strike for six months, and is seen looking haggard and in a wheelchair when appearing before the court accompanied by two court police in China.

Wang Jianhong, a supporter of the #FreeZhangZhan movement, posted the photos on Twitter, which were taken back in 28 December 2020 when Zhang stood trial at Shanghai Pudong People's Court.

The tweet mentioned Zhang was bound and forced to face the court, stating that, "the wheelchair she was in had a wide belt binding her to the back of her wheelchair preventing movement. She was wearing handcuffs." The tweet also mentioned that Zhang's mother stated to the media that Zhang looked "haggard and thin to the bone" when looked from behind.

Zhang Zhan, who conducted a hunger strike and once rebuked a judge with "This is where we judge you for your sins, not mine", was convicted of "picking quarrels and provoking trouble" after posting videos on quarantine measures and the medical situation in Wuhan, and sentenced to four years in prison.

Zhang's lawyer had reported seeing Zhang with a NG tube, while being bound around the wrists and waist.

Source: Stand News #Feb6

===
Further Reading:

China Jails Citizen Journalist Zhang Zhan, EU: She was Being Tortured, and Pompeo: the Case Reflects CCP Fears of Truthtellers
https://t.me/guardiansofhongkong/27951

#ZhangZhan #CitizenJournalist #CCPCourt #Injustice #PoliticalPersecution #HungerStrike #ChinesePrison
#FirstHand #GoHKInterview #Mar1
"Jail First, Trial Later": Ex-Lawmaker in Hong Kong Blasts National Security Trial for Lack of Due Process

1800 | West Kowloon Magistrates' Courts

Watch video:
https://t.me/guardiansofhongkong/28863

On the early evening of March 1, 2021, former lawmaker #LeeCheukYan talked to reporters outside the court, as he was waiting for the updates on the court hearing of the 47 pro-democracy activists on trial under the #NationalSecurityLaw, along with many supporters at the scene.

It was revealed in the day's court proceedings that the prosecution had not yet finished their investigations, even though the case is already being brought to court.

Lee criticized the lack of due process under the draconian law, and called the government's tactics "dirty and self-contradicting".

"The authorities clumsily arrest all these people before they got their evidence together. Now that they're not ready for the trial, they wouldn't grant them bail. But this is how Hong Kong's law is like now," Lee said.

"The government is even wasting the judge's time," Lee added sympathetically, in reference to the prosecution asking to delay the case for another two months until May 2021.

"Worse yet, after all this charade, they might still not grant us bail. Then our defendants would end up jailed without trial for months," Lee pointed out.

When asked about the eight activists who were arrested together with the 47 but were not charged today, Lee says that the government's choice not to prosecute them seems intended to instigate divisions within the pro-democracy camp.

However, it only made their arrest even more ridiculous: "They don't even have evidence for the 47 they charged today, let alone the eight." Even so, Lee said, the government showed its intent to first keep the 47 pro-democracy activists and politicians behind bars for some time. "You simply don't know when they'll be free. The whole thing is ridiculous."

=====
More first-hand interviews from the same day:

Pro-democracy Activist #FigoChan: I Am Sure We Won't Give Up
https://t.me/guardiansofhongkong/28861

#Court #PoliticalPrisoners #PoliceState #47Democrats #PoliticalPersecution #Injustice #HumanitarianCrisis #RuleByLaw
#YuenLong721 #Court #Injustice
721 Yuen Long Attack Case: The Prosecutor Cannot Confirm the Identity of A Woman Lying on the Ground in a Video Clip Shown in Court

The trial of the July 21 Yuen Long attack case resumed on March 1 in a Hong Kong District Court. Witness A, who was repeatedly attacked by a white-clad men in the Yuen Long West Rail Station lobby that night, continued to testify.

The court played a video clip from Stand News’s live stream, in which a young woman, with a white shirt, was seen lying on the ground.

Judge Eddie Yip Chor-man took the initiative to ask the prosecution whether the woman was a witness and whether they could confirm her identity.

The prosecutor Anthony Chau Tin Hang, replied that he “could not find” and “could not confirm”.

The judge further asked, “So you don’t have any information on the woman?” Chau replied again, saying, “Not at all.”

#ChauTinHang #YipChorMan

Source: Stand News #Mar1
https://bit.ly/3q4hFXo
#PoliticalOppression #Injustice
Outspoken Court Prosecutor Sacked after targeted by #CCP mouthpiece

Source: Stand News #Mar17

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#PoliticalOppression #Injustice
Outspoken Court Prosecutor Sacked after targeted by #CCP mouthpiece

William Wong Wah-fun, Senior Court Prosecutor II of the Eastern Magistrates' Courts, was reportedly suspended from duty on March 17, 2021 as his name in the government telephone directory has been changed to "vacant".

Repeatedly attacked by pro-Beijing papers, Wong was accused of encouraging other prosecutors to attend the June 4th rally, to which the police had not issued a letter of no objection. In his email, he claimed that the rally that night could be the last June 4 rally before the National Security Law came into force.

Wong was the chairperson of the Court Prosecutors Association when the 2019 Anti-ELAB protests broke out. In September that year, he wrote to the Secretary for Justice Teresa Cheng and the then Director of Public Prosecutions David Leung during the anti-ELAB movement, in his capacity as chairperson, criticizing that "the police were undermining the justice system by telling blatant lies".

Wong closed the letter with the note: "P.S. We love Hong Kong. It is sad to see Hong Kong falling. What happens to Cathay Pacific will soon happen in #DOJ".

Source: Stand News; #Mar17
https://www.thestandnews.com/court/星島-檢控主任黃華芬被停職-曾向鄭若驊發信轟警方公然說謊損司法制度/
#Save12HKYouths #Court
Hong Kong Pro-democracy Activist #AndyLi Represented By Mysterious Lawyer Not Appointed by His Family

Prodemocracy activist Andy Li Yu-hin’s case was brought before the court in Hong Kong on March 31, 2021 as he was charged with violating the National Security Law. However, Li did not appear in court because he was still subject to quarantine.

Li had been arrested and jailed in China since August 2020 and was recently transferred by the Chinese authrotities to Hong Kong police's custody, upon completing the sentence he received in the Chinese court. Li is currently detained by the Hong Kong authorities in a psychiatric centre.

Read more here:
https://t.me/guardiansofhongkong/29252

The sister of Li told Stand News that barrister Lawrence Law Tat-Hung, who was representing Li in court, was not the lawyer appointed by the family. She further said that she had no knowledge of such a person until she heard it from the news.

Stand News reporters called Lawrence Law Tat-Hung on the morning of March 31, 2021, to inquire whether he had been appointed by Li.

The barrister replied by saying “Excuse me, but I’m not at liberty to say too much”. The reporter also mentioned that Li’s sister did not know him, Law then immediately hung up the phone.

Andy Li was charged with "conspiracy to commit collusion with a foreign country", "conspiracy to assist criminals" and "unlicensed possession of ammunition". The case was heard on the morning of March 31 in the West Kowloon Magistrates' Court.

Source: Stand News #March31

https://www.thestandnews.com/court/%E6%9D%8E%E5%AE%87%E8%BB%92%E6%A1%88%E4%BB%B6%E6%8F%90%E5%A0%82-%E5%A4%A7%E7%8B%80%E7%BE%85%E9%81%94%E9%9B%84%E4%BB%A3%E8%A1%A8-%E6%9D%8E%E5%AE%87%E8%BB%92%E8%83%9E%E5%A6%B9-%E9%9D%9E%E5%AE%B6%E5%B1%AC%E5%AE%89%E6%8E%92%E5%BE%8B%E5%B8%AB-%E7%9C%8B%E5%A0%B1%E9%81%93-%E5%85%88%E7%9F%A5%E5%91%A2%E5%80%8B%E4%BA%BA/

#AndyIsMissing #Barrister #LawTatHung #CCPRules #InJustice
#Court #PoliticalOppression
3-Year #Backlog of Court Cases Mean Hong Kong Protesters may be "Jailed for Nothing", Says Concerned Barrister

Hong Kong's courts are experiencing a large backlog of protest-related cases, with some trials scheduled as late as 2024.

The riot case against pro-democracy protesters entering into the Legislative Council (#LegCo) chambers on July 1, 2019, which had its first hearing last week, is scheduled for trial in May 2023, more than 2 years later.

An anonymous barrister pointed out that the jail terms handed out for recent riot cases are 4 to 5 years, though the sentences are often reduced to around 3 years for good behavior in prison.

Time spent in custody while awaiting trial also counts toward time served, therefore some of the accused may have already served their sentences by the time the court has found them guilty. If they are found innocent, however, then "they would have been jailed for nothing these three years. We're talking three years, not a couple of months."

The situation is effectively handing down a punishment before the trial, the barrister said, and is unfair to the accused.

Though some arrestees in riot cases are released on bail, the terms include night-time curfews and prohibitions from being in certain locations, or from leaving the city.

The barrister calls the bail conditions harsh and disruptive to the lives of the accused, "as if it's meant for punishing them first." Bail conditions in other criminal cases are not nearly as numerous or complicated, he says, "I don't quite understand why riot cases nowadays need so many bail conditions."

Source: Apple Daily #Mar26

https://hk.appledaily.com/local/20210326/WWXAESVWLBCGXDRMFJYGDOCDRE/

#PoliceState #Bail #Injustice #Detention #RightToSpeedyTrial
#Court #PoliticalPrisoners
HK Court Sentences Pro-democracy Activists
#JoshuaWong and KooSzeYiu to Longer Jail Time for Protesting Against #AntiMaskLaw

On April 13, 2021, the Eastern Court in Hong Kong gave longer jail terms to pro-democracy activists Joshua Wong and Koo Sze-yiu, for violating the anti-mask law and joining unauthorised assembly on October 5, 2019, the day when the anti-mask law was enacted after bypassing the city's legislature.

24-year-old Wong, who is now in jail for his involvement in the 2019 anti-ELAB movement, is given another four months in prison. The magistrate Daniel Tang insisted that Wong has to serve the four-month prison sentence separately, in addition to his current 13.5 month term.

Wong is also one of the 47 pro-democracy figures charged with #NationalSecurityLaw violations for joining the primary election of the pro-democracy camp in 2020.

75-year-old veteran activist Koo Sze-yiu, who is diagnosed with Stage 4 cancer, is sentenced to another five months in jail. He only left the prison last week for desecrating the Chinese emblem during a protest in July 2020.

After their sentences were announced, Koo said to the magistrate, "Being jailed has become part of my life. I won't give up and I will keep fighting." He also shout, "All hail democracy! All hail human rights!". Koo thanked fellow Hongkongers for their support.

When Wong was escorted away, he made a heart shape with his fingers and expressed his appreciation to the supporting public.

Source: InMedia; Stand News #Apr13
https://bit.ly/3wOys5j
https://bit.ly/3g9VTjA

#PoliceState #PoliticalSuppression #Injustice #Cancer
#NeverGiveUp #Court
HK Journalist #BaoChoy to #Appeal: "I will regret for a lifetime if I give up pursuing justice"

On May 5, 2021, former #RTHK producer and award-winning journalist Bao Choy announced that she would appeal against her conviction. The Hong Kong court has previously ruled her guilty of giving "false declarations" in connection with a car plate license search she made for a news documentary on the 2019 Yuen Long gang attack.

"I will regret for a lifetime if I give up pursuing justice. I won't be able to sleep at night," Choy wrote. "As a media worker, reporting facts and speaking the truth have always been my mission. As my city is falling apart, I expect myself to live in reality, with sincerity, honesty and integrity."

Source: RTHK; Stand News #May05
https://bit.ly/3eT1NUb

#Journalism #Injustice #PoliticalProsecution #Censorship #WhiteTerror
#YuenLong721
#NeverGiveUp #YellowEconomy
“Always act with conscience and stay healthy”: Staff at pro-democracy restaurant in Hong Kong arrested by the police

On May 17, 2021 in Hong Kong, the Hong Kong Police told two managers working at the pro-democracy restaurant #JieGenge that they were to be arrested by appointment and charged with possession of offensive and illegal weapons in the restaurant in December 2020.

After reporting at the Mongkok Police Station on May 20, 2021, the two managers were granted HK$3,000 bail while waiting for their trial on May 28, 2021.

One of the two managers, Ivan, said he will face the trial with a calm heart, and that his conscience is clear. He also hopes Hongkongers can “act with their #conscience and stay healthy”.

Source: In Media HK #May20
https://bit.ly/2S8SAzo

#PoliticalSuppression #Arrest #PoliticalProsecution #PoliceState #Injustice
#PoliticalProsecution #Injustice
Hong Kong #Court Sends More Pro-demoracy Activists to Jail: At Least 20 Months for Jimmy Lai and 22 Months for '#LongHair'


Source: Stand News #May26

Read more
⬇️⬇️
#PoliticalProsecution #Injustice
Hong Kong #Court Sends More Pro-demoracy Activists to Jail: At Least 20 Months for Jimmy Lai and 22 Months for '#LongHair'

Ten Hong Kong pro-democracy politicians and activists were sentenced to jail for 14 to 18 months on May 28, 2021, after the court convicted them of organizing and joining an "unauthorised protest" on October 1, 2019, which was the national day of the People's Republic of China. Back then, the participating pro-democracy ptotesters described the day as the "#NationalMourningDay".

District Court judge Amanda Woodcock claimed that the defendants' wish for a peaceful protest is "naive" and "unrealistic".

Former legislators #AlbertHo, #LeeCheukYan and 'Long Hair' #LeungKwokHung and Civil Human Rights Front (#CHRF) convenor #FigoChan received a 18-month jail term.

AppleDaily founder #JimmyLai, former legislators #CydHo and #YeungSum, and former League of Social Democrats (#LSD) chairman #AveryNg were sentenced to 14 months in jail.

Only former legislator #SinChungKai and activist #RichardTsoi received suspended jail terms.

With their existing prison terms from other cases, Jimmy Lai and Lee Cheuk-yan are currently serving 20 months in prison in total while that of Leung Kwok-hung has accumulated to 22 months at the moment.

In the courtroom, some pro-democracy supporters chanted "fight on". From the defendants' seats, Leung Kwok-hung called out "Remember June 4th [Tiananmen Massacre]", while Figo Chan shout "mourn on June 4, speak out on July 1".

Source: Stand News #May26
https://bit.ly/3yL3FqT

#PoliticalPrisoner #Sentence #PoliceState #June4 #TiananmenMassacre #NationalDay
#FailedState #Injustice
#JudicialReview Denied After HK's Secretary of Justice Decides to Not Prosecute Arrestees in #AnimalAbuse Case

Source: Stand News #June30

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#FailedState #Injustice
#JudicialReview Denied After HK's Secretary of Justice Decides to Not Prosecute Arrestees in #AnimalAbuse Case

In Hong Kong in February 2020, two people were arrested in an alleged animal abuse case in Sum Tseng HongKong Garden, after 30 injured and dead animals were found in a nearby hillside of the housing estate.

However, the Secretary of Justice in Hong Kong has decided that nobody is to be prosecuted in this case.

A citizen who adopted an injured cat in the case applied for a judicial review at the High Court.

On June 30, 2021, Judge Lee Won-tung announced that the judicial review was denied. Lee emphasized that the Secretary of Justice is "not obligated" to explain her decision within a certain amount of time. Even if the applicant wins the judicial review, the court claimed that nobody can be prosecuted due to the "statute of limitations".

Source: Stand News #Jun30

https://www.thestandnews.com/court/%E5%BE%8B%E6%94%BF%E5%8F%B8%E4%B8%8D%E8%B5%B7%E8%A8%B4%E6%B7%B1%E4%BA%95%E8%99%90%E5%BE%85%E5%8B%95%E7%89%A9%E6%A1%88-%E8%B2%93%E4%B8%BB%E6%8F%90%E5%8F%B8%E6%B3%95%E8%A6%86%E6%A0%B8%E8%A2%AB%E6%8B%92-%E5%AE%98%E5%BE%8B%E6%94%BF%E5%8F%B8%E6%B2%92%E7%BE%A9%E5%8B%99%E5%9C%A8%E5%90%88%E7%90%86%E6%99%82%E9%96%93%E4%BA%A4%E4%BB%A3

#AnimalRights #AnimalCruelty
#Court #PoliceState
HK Police Forbids Civilians from Seeing Sentenced Pro-democracy Protester Off

Hong Kong's first trial under #NationalSecurityLaw was concluded on July 30, 2021 without jury.

The Court found pro-democracy protester #TongYingKit guilty for “inciting secession” and “terrorism”.

Tong was arrested on July 1, 2020, after he drove his motorcycle around a Hong Kong neighborhood with a banner that bore the prominent protest slogan, “Liberate Hong Kong, Revolution of Our Times”. The motorcycle later collided with police officers who tried to stop him, injuring three.

Tong was the first person charged under the national security law and he was sentenced for 9-year imprisonment.

Around 50 of Tong’s supporters waited outside the High Court where Tong was being trialed and nearby shopping mall in a bid to show appreciation to Tong and see him off.

Without compassion, the police, dispersed citizens at the scene, saying “we won’t let you see him off. Piss off.” Pushing citizens to leave the scene, some shouted, “move forward and leave.”

Soon afterwards, the police cordon was set up forbidding citizens to gather and take photograph. In the end, around six pieces of handbills were left on the ground that wrote, “24-year-old Tong Yin-kit. God bless good man. Wish you peace and be safe.”

In a nearby tram station, police were seen intercepting tens of citizens, who were searched without apparent reasons and their ID being recorded.

#PoliticalSuppression #Injustice

Source: InMedia; #Jul30
https://bit.ly/3j7OdOV
September 11, 2021: Blatant Crackdown on Civil Society Continues in Hong Kong

The Hong Kong Alliance in Support of Patriotic Democratic Movements of China, the organizer of the annual candlelight virgil commemorating the 1989 June 4 Tiananmen Square Massacre, has been the target of the Hong Kong authorities.

On September 9, 2021, the #NationalSecurityPolice raided the June 4 Museum, formerly operated by the group.

https://t.me/guardiansofhongkong/31004

One day later, the Department of Justice (#DoJ) charged the chairpersons of the group, including #LeeCheukYan, #AlbertHo and #ChowHangTung, of "state subversion" under the #NationalSecurityLaw.

Read more:
https://t.me/guardiansofhongkong/31008

On the same day, the Hong Kong government tried to remove the group from the register.

Read more:
https://t.me/guardiansofhongkong/31012

Image: vawongsir #Sept11

#StateTerrorism #911 #NationalSecurityLaw #Injustice
#Court #Censorship
Hong Kong Court Asks Man to Change Mask With Suspected Protest Iconography


#CarolNg, former chairperson of Hong Kong Confederation of Trade Unions (#HKCTU) and one of the “#NSL47”, has been remained under custody. She has requested bail on #Dec20, 2021 to the High Court, and the application was processed by Esther Toh Lye Ping, one of the designated judges for any #NationalSecurityLaw-related cases.

A court observer have worn a yellow and black mask with the #Bible verse (Amos 5:24), “But let justice roll down like waters, and righteousness like an ever-flowing stream,” embroidered on it.

He was denied entry by security and court personnel under orders of the judge, and demanded that he change his mask before he would be allowed entry. They have not explained their reasons behind this act.

The observer was disgruntled by the request, and questioned, “If my clothes were not allowed in court, do I have to take them off them too?”

A similar incident also happened on #Dec17, 2021, when former head of the English edition of Apple Daily #LoFung (Fung Wai-kwong) requested bail.

Before the hearing began, Toh, through her secretary and Bailiffs, required observers wearing yellow masks or wearing hoodies with yellow umbrella insignias to change into “more appropriate” clothing, or be led away from the courtroom.

Some observers have questioned the requirement, questioning that those were “unsuitable” clothing, to which the Chief Bailiff stated, “it is inappropriate,” without further explaination.

Source: InMedia #Dec20

https://bit.ly/3slkoAG

#Mask #Injustice #Save47
#AntiELAB #HKJudicature #Injustice
Being re-arrested after 3 years, Mr. Yeung laments living in shadows, and hopes the legal expenses can be covered by book selling

Source: Inmedia #Apr15

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#AntiELAB #HKJudicature #Injustice
Being re-arrested after 3 years, Mr. Yeung laments living in shadows, and hopes the legal expenses can be covered by book selling

Mr Yeung Chi-Chun, the former teacher of Liberal Studies at a secondary school, whose eyesight was damaged by a bullet from the police on #Jun122019 at #Admiralty, was arrested yesterday (#Apr14) and charged with two crimes of unauthorised assembly.

After releasing from the bail, Yeung indicates on a Facebook post that he has prepared to be re-arrested due to the judicial review application on police identification number, showing his presence at Admiralty on June 12, 2019, but he will remain in Hong Kong despites living in the shadows. And that judicial review case has indeed become part of the evidence supplied by the prosecutors.

He is operating a publishing company, #HillwayCulture, and invites people to support his legal expenses by purchasing his book. The special edition of his book is expected to be published before July 21, the day before his trial. He said, "road is obstructed and long, but will eventually come to an end by perseverance".

Yeung describes the arrest process that he was informed about the charge against him and was asked to do a home search. He did not make a recorded statement but be on court on the same day with conditioned bail – 100,000 HK dollars, travel documents and reporting to the police three times a week.

Source: Inmedia #Apr15
https://bit.ly/37P5EBE