📡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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Congressional-Executive Commission on China (#CECC) published a statement in mid-July, urging Biden to sanction 15 named #NSL prosecutors and the new Secretary of Justice.

Hong Kong government strongly condemns the "threats" as "reasonable bullying acts", claiming the CECC violates international principles.

#Sanction #DOJ #GoHKgraphics
#HKParliament
Overseas activists launching Hong Kong Parliament in exile are suspected of violating national security law : Hong Kong Security Bureau

A group of overseas #Hongkongers announced their proposal of "Hong Kong Parliament", and plan to have the first election next year.

In response, the Security Bureau published a statement to condemn the organisers, including Victor Ho Leung-Mau, Elmer Yuen Gong-Yi, Baggio Leung Chung-Hang, claiming that their actions may violate the 22nd Ordinance under #NationalSecurityLaw (#NSL) -- Subversion of the State, and will arrest them.

Read more:
https://t.me/guardiansofhongkong/33055

Elmer Yuen Gong-Yi, aged 73, is the father of former People Power Chairperson #EricaYuenMiMing and current-issue commentor #DerekYuenMiChang whose wife is a #LegCo member #EuniceYungHoiYan. Elmer Yuen has been commenting social and political issues since the 2019 #AntiELAB movement.

Victor Ho Leung-Mau was an editor-in-chief at Sing Tao Daily Canada. #BaggioLeungChungHang is a former LegCo member who was disqualified from his seat in the vow-taking incident in 2016, and had announced that he was exiled to overseas in 2020.

source: In-Media HK #Aug03
https://bit.ly/3vBMYOL
#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
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Authors of "Sheep Village" Illustrated Books Handed 19-Month Sentence; Judge Questions Lack of Mention that "Sheep Village is Part of Wolf Village"

Five former committee members of the de-registered General Union of Hong Kong Speech Therapists, accused of publishing three illustrated books of the "Sheep Village" series, were found guilty of conspiring to print, publish, distribute and display with seditious intent. After being detained for more than a year, they were sentenced in the District Court to 19 months imprisonment on Saturday Sept 10, the day of the Mid-Autumn Festival.

It was the first case in which the defendant pleaded not guilty to seditious publication charges. Designated #NationalSecurityLaw judge Kwok Wai-kin set 21 months as the starting point of the sentence for each defendant, with a discretionary deduction of two months, resulting in a sentence of 19 months imprisonment.

The judge said that the audience of the illustrated books is children aged four and above, who are like "plain paper". He criticises the defendants' books for using sheep and wolves as an analogy for Hong Kong and China, respectively. He claimed that the books accused China of doing something illegal and improper, and "sowed the seeds of instability" for the Central government and Hong Kong by indicating that China had no sovereignty over Hong Kong and that Hong Kong was not part of China. He also accused the defendants of "brainwashing" younger readers, poisoning their minds, and mobilising parents to participate.

Before sentencing, the judge asked the defendant several questions: "When will you leave the prison of your mind?" "Did you put the truth in the illustrated books? Why didn't the books tell readers that the shepherds left because they had no right to continue to govern the place?" "Why not mention that the sheep village is part of the wolf village?" "Why is freedom of speech used to deny China's indisputable sovereignty over Hong Kong?"

The judge quoted the defense's plea that the defendants are "elite" and "smart people", and that they could understand what he meant.

As the five defendants entered the detention room, they waved to the bystanders. Someone in the gallery shouted, "Happy Mid-Autumn Festival!"

They will still serve their sentences for about one more month, and are expected to be free by next month.

Source: The Witness #Sep10

https://bit.ly/3BtQL3Z

#SpeechTherapists #SheepVillage #sedition #NSL #KwokWaiKin
Lorie Lai Man-ling and Melody Yeung Yat-yee, two among five defendants of the case of "Sheep Village", dismissed their defence counsel in the morning and made their submissions.

The first defendant Lorie Lai shared her reflections and experiences from the five-day trial and the 13-month remand over the court. She rebuttal the prosecutor, who took extremist terrorists as an example to argue that freedom of speech must not conflict with national security, and question whether "freedom with restrictions is freedom?"

She was interrupted by Judge Kwok Wai-kin, "If you continue that way, it would be a political statement. If you think I am wrong, then appeal my decision. If you think the prosecution's interpretation is wrong, then appeal theirs!" Kwok continues, "Hong Kong has the Court of Final Appeal, with foreign judges sitting there. I don't think we can single-handedly hide the sky."

The second defendant Melody Yeung said in pleading the case, “rather than judging us for seditious intent and spreading rumours, I think it’s about judging the correct view of history.” She said that Athens could judge Socrates, but not philosophy; The Catholic church could judge Galileo, but not heliocentrism, and that “in history, there’s no single, absolutely corrected view, but a diversity of perspectives. There’s no absolute correctness, only the ability to withstand repeated tests.”

She said only the people’s hearts could judge whether the illustrated books were a genuine reflection of Hong Kong’s social sentiment, a record of the community’s historical perspective, or a spread of rumours.

"If national security only means the security of the ruling group, without respect for personal freedom, then even peace and prosperity is an illusion based on fear," she said, "countless Hong Kong people have come and gone hoping to change uneven political power like this, but they were beaten and shot."

The judge again stopped her speech and said, "All right, all right, Miss Yeung, I think it's over."

Yeung responded, “now it's the relevant part.” Then she points out that the series of political offences affect only not a "handful of people" such as the case's defendants but would lead to a self-silencing civil society and a long-term regression in thought and civilisation.

Yeung was interrupted a second time as she explained the “interchangeable” roles of sheep and wolf in the story. This time she was interrupted by the prosecutor Ng Shuk-kuen, the acting Senior Assistant Director of Public Prosecutions, who stood up and said to the judge , “I believe [Yeung] has gone too far.”

Yeung said, "ok, last words. I never regret being on the side of the sheep. The only thing I regret is that I couldn't get more books done before I was arrested, or that I wasn't more obsessed with the quality of my books." provoking tears among some court spectators.

The third defendant Sidney Ng Hau-yi quoted the speech of Nobel Laureate Camus, who said, "A writer cannot serve today those who make history; he must serve those who are subject to it. Otherwise, he will be alone and deprived of his art."

"The essence of education should be inspiration and guidance, not intimidation and indoctrination, and the same is true when explaining the relationship between individual and country to children," she added.

"Rather than inciting hatred, the three illustrated books are meant to explain the source of these feelings and why they are intensifying so rapidly after 2019; Rather than inciting disobedience, the aim is to make children reflect on the basis of law-abiding, rather than blindly obeying out of fear; Rather than inciting anything, I would like to record acts of bravery."

Source: The Witness #Sep10

#SpeechTherapists #sheepVillage #sedition #NSL #KwokWaiKin #NgShukKuen

https://bit.ly/3BtQL3Z
#Giggs Pleads Guilty to 4 Crimes including Incitement and Money Laundering, Being Confiscated $4.87 million, without Charging his Helper

A broadcast host Wan Yiu-Sing, aged 52, also known as Giggs, pleaded guilty to a Conspiracy to commit an act with intent to incite and three money laundering crimes at the #DistrictCourt on #Oct01. These involved mentioning that the former Chief Executive Carrie Lam was taught a lesson by "putting her family to death". The court also dealt with the confiscation order of his 4.87 million dollars.

The remaining six charges, including two money laundering with his female helper, Alice Lee Po-Lai, will be documented and will not be charged after the confiscation process.

The case extends until #Oct07 in order to handle his sentencing and the relevant order.

Source: The Chaser News #Sept02
https://www.patreon.com/posts/71417862

#D100 #WanYiuSing #LeePoLai #ConfiscationOrder #MoneyLaundering #Incitement #CourtNews #NSL
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
Judicial repression becomes the norm in Hong Kong

On 26 September 2022, a university professor, two former lawmakers, a Cantopop singer and a Catholic cardinal were charged by the Hong Kong government for failing to register a humanitarian aid fund with the police. The five defendants — 90-year-old Cardinal Joseph Zen, singer Denise Ho, cultural studies professor Po-Keung Hui and former lawmakers Margaret Ng and Cyd Ho — are well-known supporters of the pro-democracy movement in Hong Kong.

The five founded the 612 Humanitarian Relief Fund in 2019 to assist protestors who faced financial difficulties in seeking legal and medical assistance during the six-month-long anti-extradition bill movement. The Fund also sponsored various civil society activities, including peaceful rallies and international advocacy…

Source: Eastasiaforum #Oct26

#HumanitarianReliefFund #NSL #Democracy #Movement #HongKong

https://t.co/mHhmJ3Wc17
A jailed Hong Kong lawyer defies Beijing’s campaign to subjugate the city

It was just after sunrise when the police came for Chow Hang-tung.

The table in the room where she was working was strewn with documents as she prepared a bail application for a fellow pro-democracy activist. The 37-year-old barrister had pulled an all-nighter in her Hong Kong chambers on the 34th floor of the Bank of America Tower, where she liked to fuel herself with Japanese instant noodles and cups of instant coffee.

Suddenly, there was a loud rattling at the chambers’ glass doors. Chow tapped the Facebook app on her phone and began live-streaming. Someone kept ringing the doorbell and trying to input a security code. “It looks like they’ve really decided to take action today,” she said with a short laugh.

Source:Reuters #Nov10

https://www.reuters.com/investigates/special-report/china-lawyers-crackdown-hongkong

#ChowHangTung #NSL #Lawyer
US Terminates HKETO to Get Rid of China's Propaganda in the US

With the implementation of #NationalSecueityLaw (#NSL) in 2020, the US has announced that they no longer recognise Hong Kong's autonomy; One-Country-Two-Systems is also dead.

On 15 Dec, Republican Senator Marco Rubio and Representative Chris Smith requested the US to re-assess the privilege and status of the Hong Kong Economic and Trade Office (#HKETO) under the HKETO Certification Acts. They believe HKETO has become Hong Kong's propaganda and urge the US to completely remove them from the country.

Chris Smith described that China's dictator, #XiJinping, suppressed civil and political rights in Hong Kong with NSL, destroying the #BasicLaw and #SinoBritishJointDeclaration. He pointed out that the #USCongress had once published Hong Kong Human Rights and Democracy Act in 2020 to decline Hong Kong's autonomy. Therefore, US Law should reflect the fact. At the moment, HKETO is only China's propaganda with no reason for its existence inside the US border.

The HKETO Certificate Act requests the US President to prove whether their Offices can continue having the current privilege within 30 days after it has been passed. If the President opposes their existence, the government must revoke the offices' benefits, and they must cease operation in 6 months. Even if the President agrees on the privilege, Congress can still disapprove.

Executive Director of Hong Kong Democracy Council (#HKDC), Anna Kwok, mentioned the 3 locations of the HKETO offices in the US in Washington, New York and San Francisco on her Facebook Page. HKDC and other HongKonger organisations in the US found out the HKETO promoting "Hong Kong is back" earlier. They present a false picture of peace and prosperity, claiming Hong Kong as a free and democratic place.

#China #US #OneCountryTwoSystems #MarcoRubio #ChrisSmith #AnnaKwok

Source: Commons #Dec16

http://cmmns.co/ejN8w
UK-Based HongKonger's Groups Criticised pro-Beijing Organisations Cleansing the National Security Law with Human-sea Tactics

The 73rd Committee on Economic, Social and Cultural Rights Conference will be held within 2 weeks. UK-based HongKongers organisations found that many pro-Beijing organisations submit reports to this conference, strongly promoting the National Security Law (#NSL). They intended to rationalise the fact of Beijing’s corrosion to the rights in Hong Kong.

The Hong Kong Scots, a UK-based HongKongers’ organisation, indicated that Beijing utilised Human-sea tactic after being criticised in the United Nations Commission on Human Rights last year to promote the suppression of Hong Kong people in the United Nations. As the submitted content from various groups of people is similar, it is suspected to interfere with the trial of Hong Kong Human Rights in the United Nations, demonstrating “head count takes over the truth with limited evidence”.

#UnitedNation #UN #NationalSecurityLaw #HumanRights #HongKongScots

Source: The Chaser News #Feb01

https://www.patreon.com/posts/78007112
HK Government Proposes to Allow Overturning Not-Guilty Verdicts in National Security Cases

The Department of Justice has proposed amending the Criminal Procedure Ordinance, allowing for appeals through the "case stated" procedure in cases under the #NationalSecurityLaw heard in the High Court without a jury. Even if three designated #NSL judges acquit the defendant, the Department of Justice can appeal to overturn the verdict of acquittal or to remand the case for a retrial.

Secretary for Justice Paul Lam spoke to the Legislative Council regarding the amendment, stating that "the injustice caused by acquitting the guilty is no less than convicting the innocent." He also mentioned that if a defendant in an NSL case receives an "erroneous verdict of acquittal," it could lead to extremely serious consequences.

Currently, in cases with a jury trial in the High Court, if the jury reaches a verdict of acquittal, the Department of Justice can only seek clarification on points of law without intervening to overturn the verdict. However, in cases heard in the District Court and Magistrates' Courts, the Department of Justice can present a "case stated" appeal and have the opportunity to overturn an acquittal.

Lam described the current situation as "abnormal", particularly in cases involving the NSL. He claimed that the government has a responsibility to address the issues encountered in the local legal system while assisting in the "perfecting" of the NSL's implementation.

Source: In-Media HK #May22

https://bit.ly/41X9rn0

#DoubleJeopardy #RightToFairTrial
Lester Shum's Hopeful Message from behind the bar: Resiliance in the Face of loss

Source: Lester Shum Facebook; #Jun12

#LesterShum #NationalSecurityLaw #NSL #Birthday

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Lester Shum's Hopeful Message from behind the bar: Resiliance in the Face of loss

Lester Shum Ngo-fai is one of the pro-democracy politicians, lawyers, scholars, journalists, NGO workers and activists being arrested by the National Security Police in Hong Kong over their involvement in a planned Legislative Council primary election in January 2021. The incident came to be known as the arrest of “Hong Kong 47”, which symbolises the death of the city’s civil society.

On June 12, Shum found himself spending yet another birthday behind prison walls. A heartfelt message was shared on his personal social media account, managed by his devoted wife, seeking birthday blessings and support.

The Facebook post acknowledges that this marks Shum's third consecutive birthday spent in confinement, reminding us of the sacrifices he has made for his beliefs.

With a bittersweet smile, he has often joked about how time flies, going from a vibrant 27-year-old to now carrying the weight of turning 30. He seeks solace and support from the community, hoping to gather well-wishes that will uplift his spirit during this difficult time.

Shum yearns for a future where he can once again stand alongside his fellow "friends" in the struggle, reunite with his family, and celebrate together. He dreams of the simple joys of cutting a birthday cake, decorating a Christmas tree, personally presenting flowers to loved ones on Valentine's Day, and sharing a heartfelt meal with his parents on Mother's and Father's Day. Though these wishes may seem distant in their current circumstances, their hope for realization remains strong.

As we enter June 2023, Shum sends his sincerest wishes for peace to all. "Though we may lack material possessions, our hearts are filled with abundance," as Shum wrote in his post.

Source: Lester Shum Facebook; #Jun12

#LesterShum #NationalSecurityLaw #NSL #Birthday

https://www.facebook.com/100083258981625/posts/pfbid02P8GynPToThwnghaHfKkBnwY7dKi7Ka9bjBwgmyXt4HvXmQi9DnDkoPrn4tkUZFQ4l/?mibextid=cr9u03
In March 2023, the Hong Kong National Security Police detained a female student, accusing her of making multiple provocative posts and sharing photos on her social media accounts, including promoting Hong Kong independence.

Source: The Witness; #Jun16

#HongKong #Japan #NSL #NationalSecurityPolice #Student

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In March 2023, the Hong Kong National Security Police detained a female student, accusing her of making multiple provocative posts and sharing photos on her social media accounts, including promoting Hong Kong independence.

The 23-year-old student was said to study in Japan. She went back to Hong Kong in March to renew her Hong Kong identity card.

She was charged with one count of incitement and appeared in court for the first time at the West Kowloon Magistrates' Court on 16 June.

The defense raised concerns about the jurisdiction of the court to handle the case. They argued that a significant portion of the posts were made outside of Hong Kong and that the prosecution had exceeded the time limit for prosecution. The prosecution responded by stating that the legal disputes were currently awaiting resolution at the appellate court and suggested that the case be adjourned until the appeals process concludes.

Chief Magistrate Peter Law Tak-chuen, who is designated under the National Security Law, granted bail with certain conditions. These conditions included a restriction on leaving Hong Kong, the requirement to delete all social media applications, and the surrendering of related accounts to the police for inspection.

The case was adjourned until August 2nd for further proceedings.

The defendant remained composed throughout the hearing, while her family members shed tears upon hearing the decision. As she left the court, she was accompanied by Deputy Secretary for Transport and Housing, Yau Shing-mu.

Source: The Witness; #Jun16

#HongKong #Japan #NSL #NationalSecurityPolice #Student

https://bit.ly/3JipRzw
National Security Department Offers Bounty for 8 Exiled Activists

Three years into the implementation of the National Security Law (#NSL), the National Security Department (#NSDepartment) announced that they are offering bounty for the arrest of eight exiled Hongkongers.

In a press conference on July 3, Chief Superintendent Li Kwai-wah said he has applied to the courts for an arrest warrant, with an award of up to 1 million dollars for information on the eight wanted Hongkongers. The eight are: lawyer #KevinYam News commentator #ElmerYuen, Director of Hong Kong Democratic Council (#HKDC) #AnnaKwok, #FinnLau, #MungSiuTat, Former LegCo member #DennisKwok, #TedHui, and #NathanLaw.

The police displayed black-and-white photos of the eight in the conference, announcing their offenses one by one, and criticising their threats to the national security.

Li also mentioned that some "Anti-China rioters" are exiled but continue endangering national security. He quoted the 37th and 38th Ordinance under NSL, emphasising the regulation has an extraterritorial effect, regardless of whether the person is a Hong Kong permanent resident.

#Exiled #HKers #LiKwaiWah #NationalSecurityLaw #ExtraterritorialEffect

Source: Inmedia #July03

https://bit.ly/4388usC
Hong Kong Police Harasses vulnerable Homeless Voicing Their Concerns

Source: inmediahk; #Jul10

#HKPF #Homelesss #NationalSecurityLaw #NSL

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HK Authorities continue Exploiting National Security to Erode Media Neutrality

Source: Inmediahk; #Jul17

#OCFA #NationalSecurityLaw #NSL

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HK Authorities continue Exploiting National Security to Erode Media Neutrality

The Hong Kong Office of the Communications Authority (OFCA) initiated a public consultation on July 17th to discuss proposed changes to the regulations governing television and radio programs and advertisements. The OFCA presented 11 suggestions, one of which focused on ensuring program neutrality, with an exception for content related to national education, national identity, and a proper understanding of the Hong Kong National Security Law. According to the OFCA, licensed broadcasters might face legal risks if they include anti-National Security Law content in their programs to meet the neutrality requirement.

At present, licensed broadcasters are bound by the OFCA to allocate a minimum of 30 minutes per week for broadcasting content covering subjects such as national education, national identity, and an accurate understanding of the National Security Law.

Under the guise of the Television Program Code and Radio Program Code, the OFCA has expressed concerns that broadcasters may receive complaints if their programs are perceived as one-sided and lacking diverse perspectives.

Paradoxically, in an effort to adhere to neutrality guidelines, should broadcasters include content that is critical of the National Security Law, they may inadvertently expose themselves to legal risks."

To address this, the OFCA proposed to exempt programs concerning national education from the neutrality requirements.

Source: Inmediahk; #Jul17

https://bit.ly/44koJUJ

#OCFA #NationalSecurityLaw #NSL