📡Guardians of Hong Kong
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We provide translation of news in English from local media and other sources, for academic use.
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Making laws via the Emergency Regulations Ordinance may be unconstitutional 

By David Webb
4-Oct-2019 

//The Basic Law establishes a clear separation of powers between executive and legislative branches. A law that allows the Chief Executive to make laws appears unconstitutional. We expect a judicial review if she tries it. Even if she succeeds, draconian laws don't address the root problem: a deficit in democratic accountability for both the CE and LegCo. We again propose local legislation to scrap corporate voting and democratise the system.//

Read on:https://webb-site.com/articles/ERO.asp

#JudicialReview #NotoAntiMask #EmergencyState #Oct4
Internet Society Hong Kong Chapter Applies for Judicial Review
States Interim Injunction Order on Internet Messages as Unconstitutional

Last month, the High Court has granted an interim injunction order to restrain anyone from illegally and intentionally spreading, publishing, or republishing any message that promotes or incites the use of violence through internet or medium. Internet Society Hong Kong has applied for a judicial review, in hopes that the court can consider the injunction unconstitutional. The High Court opened a session this morning to make a decision.

For details, https://www.isoc.hk/news/jr-against-online-censorship/

Source: RTHK

#Nov15 #JudicialReview #InterimInjuctionOrder3
High Court Prolongs Interim injunction Order in relation to Online Messages

Read more:
https://t.me/guardiansofhongkong/11120

The Secretary For Justice Teresa Cheng applied for prolonging the interim injunction order of banning any message that promotes or incites the use of violence through internet or any other platform like telegram.

The Internet Society of Hong Kong took to the court, denouncing the act as unconstitutional. At around 16:00, the High Court rejected the application of judicial review and accepted the Secretary of Justice's request to prolong the injunction order.

Source: RTHK
#Nov15 #Court #Internet
Photographer Files for Judicial Review Over Court-Issued Police Warrants

Source: Apple News

Click here for the full article

#13Jan #SearchWarrant #JudicialReview #JudicialReviewForPoliceSearchWarrant
Photographer Files for Judicial Review Over Court-Issued Police Warrants

In addition to the indiscriminate arrest throughout the Anti-extradition movement, it was revealed that police officers had succesfully applied for “search” warrants for the Wan Chai Police Headquarters in order to gain access and to the electronic devices of the people arrested. Lee Wing-Ho, a photographer who faced charges, filed for judicial review over these two court-issued warrants.

The two warrants were issued for approximately 50 mobile devices and 7 electronic storage devices. Li mentioned in his application that he did not own all of the devices. It can be inferred that the police have arrested and seized a large number of mobile phones on different occasions and place them all within the police headquarter where the search warrant is valid. The officers will then have the legal power to search and access all information on these devices. The application also stated that the warrant allows the police access, and the rights copy and retain all the personal information from arrestee’s devices, despite the offense not being computer or IT-related.

In contrast to house warrants, which can only be executed once, these two warrants are valid for two consecutive months. Li demanded the revocation of both warrants due to the violation of Hong Kong Bill of Rights Ordinance and the Basic Law. He also demanded for the High Court to declare that the two magistrates had unlawfully authorized these search warrants, and that the officers had illegally accessed the electronic information of arrestees.

Photo: https://t.me/guardiansofhongkong/15228
Source: Apple News

#13Jan #SearchWarrant #JudicialReview #JudicialReviewForPoliceSearchWarrant
#CourtCase
Hong Kong's High Court Allows Appeal by the Government: Citizens will remain restricted from Civic Square

The High Court’s Appeals Division issued a written judgement on Feb 14, allowing the government’s appeal for their restrictions for the east wing of the government quarters commonly known as the “Civic Square”, or literally a square for all civilians.

On the eve of Umbrella Movement in July of 2014, dozens of civilians attempted to enter the Square in a rally in protest of the government's issurance of funding to develop the northeastern New Territories of Hong Kong.

The authorities have since closed off the Square and had fences installed. Citizens are banned from entering from Monday to Saturday, whereas on Sundays and public holidays, citizens will have to apply and get an approval to use the space for any rally or activities.

Cheung Tak-wing, a retired photographer believes that these measures have restricted the freedom of speech and assembly of Hong Kong citizens. He submitted a judicial review in 2014, and judge Thomas Au Hing-Cheung of the High Court ruled against the government-imposed restrictions on the area in 2018.

However, the Department of Justice later appealed.

The High Court’s Appeals Division issued a ruling on 14 Feb allowing the government’s appeal and Cheung will be required to pay the cost.

The Chief Judge of the High Court Jeremy Poon Shiu-chor, Vice-President of the Court of Appeal of the High Court, Johnson Lam and Justice of Appeal of the Court of Appeal of the High Court Justice Aarif Tyebjee Barma unanimously ruled that the Administration Department's appeal was allowed, referring to the constitutional measures of the Administration Wing are helpful in order to maintain the "orderly operation of the legislative building".

Source: Stand News #Feb14
http://bit.ly/37nLIjh
#CivicSquare #JudicialReview
#FirstHand #Interview
Uncle Chan of “Protect The Children”: When the rule of law is being damaged, every citizen has the right to speak up

On 15 March, Uncle Chan, a member of "Protect The Children", organized a petition in Mongkok and Tsim Sha Tsui, urging the Legal Aid Department to approve judicial review of the Hong Kong Police absence of identification.

Chan pointed out that the Legal Aid Department has earlier rejected his first application for a court case, and he is seeking approval from the Legal Aid Department for the second time.

Chan said that his financial condition cannot afford a judicial review and hence he must seek help from the Legal Aid Department according to the procedure.

Uncle Chan describes himself as stubborn but headstrong in fighting for judicial review over the lack of identification on the police's Special Tactical Squad (Raptor).

When the rule of law is being damaged, as a citizen, Chan believes that everyone has the right to voice out: “Why is the government battering against Hong Kong people’s core values, freedom, democracy, as well as justice and rule of law? As the Chief Executive of Hong Kong, Carrier Lam is not shouldering the responsibility of her role. She allows the police to break the laws continuously. It is our responsibility to protect these core values. Social injustice has beckoned citizens to protest.”

Despite his old age, Chan says that he is willing to sacrifice himself for the sake of justice and the rule of law. He is also aware of the consequence of political prosecution. He could not let those with power suppress the people of Hong Kong, regardless of their generation.

Lastly, he reminds HongKongers to persist in the fight of justice: "We shall remember and insist on what we are fighting for and try our best". He believes Karma will do the rest.

#15Mar #UncleChan #ProtectTheChildren #JudicialReview #AsiasFinedt #PoliceState #HongKong

Citizens Call For Judicial Review Looking Into the Absence of Police Identification
https://t.me/guardiansofhongkong/18567
#FailedState #Injustice
#JudicialReview Denied After HK's Secretary of Justice Decides to Not Prosecute Arrestees in #AnimalAbuse Case

Source: Stand News #June30

Read more
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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
Governmdnt Official 'Recommends' Legal Aid Cases Use Government-Appointed Lawyers Only

The Hong Kong SAR government and the pro-Beijing camp had made numerous accusations that the legal aid system is being abused. #JohnLee Ka-Chiu, the Chief Secretary for Administration, had evaluated the system and presented a series of recommendations to the Legislative Council on Oct 22, 2021.

The report recommended that lawyers for criminal cases be appointed by the Legal Aid Department (#LAD), rather than allowing aid recipients to nominate their own lawyer. Only "special cases" will be exempted, for example when the self-nominated lawyer has represented the defendant before.

They also suggested a limit of legal aid for cases related to judicial reviews, allowing a maximum of 3 cases for barristers and 5 for solicitors.

The government also proposed to "enhance case management". If the LAD believes there is a conflict of interest of the original-appointed lawyer, they will suspend the legal aid or appoint another lawyer. And if the client seeks voluntary legal advice without LAD consent, the LAD will also withdraw the aid.

#LegalAidDepartment #LegalAssistance #RightToCounsel #JudicialReview

Source: Stand News #Oct26
https://bit.ly/3jucdMX

See also:

Protesters' Fund In Support of Hong Kong Pro-democracy Movement Will Cease Operation
https://t.me/guardiansofhongkong/30820
#Court
Ex-Civil Servant in Hong Kong seeks
#JudicialReview over government's allegiance pledge

Source: Citizen News; #Nov30

Read more
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#Court
Ex-Civil Servant in Hong Kong seeks
#JudicialReview over government's allegiance pledge

In Hong Kong, former assistant taxation officer Wong Chau-ming - who had been working in the Inland Revenue Department since 1996 - filed a writ with the high court on November 29, 2021. Wong was forced to retire after he challenged the Hong Kong government's necessity for civil servants to take a loyalty pledge.

It is the first judicial review application filed by a #CivilServant concerning the pledge since the Hong Kong SAR Government announced the mandatory requirement for civil servants to pledge support for the #BasicLaw and allegiance to the SAR Government.

Although Wong submitted a signed declaration on August 12, 2021, he was informed by the commissioner of inland revenue that his pre-retirement leave would take place from August 31 to October 24 and that his retirement would take effect on October 25, 2021.

Wong stated the retirement order was irrational as he had signed the declaration and there is no good reason for the authority not to accept it. He added the order was "tainted with procedural impropriety" because he was not given a reason for being directed to retire.

Source: Citizen News; #Nov30
https://bit.ly/3rjNnUG

#FailedState #Regime #Pledge #Loyalty #Retirement #PoliceState
#Court
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