Street Sleepers Get Justice

Nine street sleepers finally got justice today, three years later

About three years ago, 22 police officers cleared Tung Chau Street Park in Sham Shui Po where some 80 to 100 street sleepers lived.

These homeless people were given three minutes to pack up their items and move on, the rest of their personal belongings were collected as garbage, which filled 12 rubbish containers, each with a volume of 600 litres.

I remember this story and the public outrage at how these homeless people were treated without any dignity.

The homeless lived in this park in Sham Shui Po

Yesterday nine of those street sleepers won a token HK$100 each in Small Claims Tribunal when it ruled in favour of them, as their personal items were disposed of without their consent.

Arthur Lam Hei-wei, the presiding adjudicator, awarded nominal damages of HK$100 to each of the nine claimants, as none of them could provide sufficient evidence of the value of their possessions.

Not all nine can claim this payment, as one died this month after becoming infected with Covid-19. 

Initially there were 14 claimants, seeking compensation ranging from HK$2,000 to HK$13,290 over the loss of their items, such as garments, mattresses, cash and travel documents.

However, two of the claimants have since died, and four others lost contact with the Society for Community Organisation (SoCO), a concern group supporting the street sleepers in the proceedings.

Lam found the department had failed to discharge its duty of care, as janitors made no independent identifications for the seized items items and left them in the depot, forcing the claimants, some of whom were physically disabled, to rummage through the rubbish containers. 

They only had minutes to pack their belongings

The Justice Department, representing the police and the Leisure and Cultural Services Department, had asked the claimants to pay HK$26,000 as court expenses incurred by the authorities in the proceedings, but Lam refused and instead ordered both sides to shoulder their own costs.

One of the claimants, Chan Chi-wing, said the ruling had served justice to two of his fellow street sleepers who died earlier. Chan, who uses a wheelchair said: "It's not a matter of how much I can claim, I'm fine as long as justice is served."

SoCO community organiser Ng Wai-tung called the ruling "belated justice", adding it was "ridiculous" that authorities failed to keep visual records of the confiscated items.

"The homeless should not be subject to humiliation," he said. "Their belongings are also private property. The right to private property is a basic human right, of which nobody should be deprived."

This is the third time homeless people have taken the authorities to court over confiscating their personal items without prior notice. The previous lawsuits in 2012 and 2016 were settled out of court.

The claimants were awarded HK$100 each

It is terrible seeing people sleeping on the street, but where else can they go? The government is not providing them the assistance they need, and instead trying to sweep them under the carpet...

Other good news?

Today's case count for Covid-19 was below 7,000 at 6,976, 135 deaths of which 117 were in the last 24 hours, and 18 backlogged.

Fighting to the End

Pang wants to clear his name even though he was acquitted

A 19-year old Hongkonger is taking the Secretary of Justice to court.

In June, Parco Pang was acquitted of possessing a laser pointer for illegal purposes after a West Kowloon court ruled the prosecution could not prove beyond a reasonable doubt that he had possessed the laser pointer at a protest in Mongkok on November 11, 2019.

Today he spoke to reporters at District Court, saying he believes prosecutors withheld documents during his trial which were inconsistent with testimony given by two police officers. He said this amounted to unfairness.

He was accused of carrying a laser pointer in 2019

"I'm filing this suit because certain evidence has arisen after the conclusion of my criminal prosecution, which suggests the possibility of certain documents which were withheld and not disclosed to the defence in the course thereof, which in my opinion, had led to the criminal case being, to a certain extent, unfair, which is why I'm bringing this suit to clear my name," Pang said.

Pang says he is seeking HK$520,000 (US$66,734) in damages. 

Perhaps even more extraordinary is that the teenager defended himself in the trial and will represent himself again in this latest suit.

"At this juncture, I think I'm the most suitable [person] to conduct the case as I'm most familiar with the facts and the relevant circumstances."

Wow. Just wow.

This couple was acquitted after lack of evidence

What happened to Pang is not unusual. He was one of the some 10,000 cases related to the 2019 anti-government protests. In several cases that have gone to court so far, the police officers could not recall things clearly, or the prosecution did not have enough evidence to convict, and the judge not only acquitted the defendant but also berated the prosecution for shoddy case preparation.

Those who are acquitted breathe a sigh of relief and move on.

But Pang is going a step further and is hitting back at the government as a warning shot.

When asked to comment in the suit, the Department of Justice said it does not comment on individual cases... like its own...

An Upcoming Election Not Many Know About

Hong Kong will have an election soon, did you know?

Hong Kong will have its first election for the Legislative Council since the electoral system was overhauled on December 12, but ask people if they know who's on the ballot and they'd probably reply that they didn't.

The changes to the electoral system include adding 20 more seats to the legislature's previous 70, but the number of directly elected lawmakers has decreased from 35 to 20. 

Pro-democracy parties criticised the move as a way to silence dissent and make it harder for them to run; in the end they decided there was no point in running, which will further change the political landscape.

Number of directly-elected seats down to 20

There is no more intense campaigning or rallies, only the odd leaflet handed out and no one cares to grab one either.

A survey on November 24 by the Hong Kong Public Opinion Research Institute found of the 838 people questioned, 60 percent did not know any of the candidates running in their geographic constituency, while 40 percent knew at least one.

In addition, 52 percent of them plan to vote, which is a sharp drop from 2018 when 80 percent said they would definitely cast their ballot.

Perhaps this is why the Hong Kong government has decided to set up polling stations at three border check points, Heung Yuen Wai, Lo Wu, and Lok Ma Chau Spur Line so that Hongkongers living in China could cast their votes -- quarantine free. The numbers of people living in these areas could add another 111,000 votes... for which side?

In the meantime the authorities are cracking down on anyone who is directing people on how to vote on December 19. Today arrest warrants were issued for former lawmaker Ted Hui Chi-fung who is now in Australia, and former district councillor Yau Man-chun now in the UK, for urging voters to either cast blank ballots or boycott the election.

An arrest warrant was issued for Ted Hui

Hui and Yau posted on their social media pages between October 30 and November 29, with the former calling for the public to cast blank votes, while the latter told people not to vote, according to the Independent Commission Against Corruption.

In his post, Hui hoped there would be more blank ballots than those filled out as a sign of resistance to tyranny, while Yau called for an outright boycott of the election.

The ICAC presented its investigation to the Department of Justice and it said there was enough evidence to prosecute the two men, and hence the arrest warrants. Hui faces four charges, Yau, eight.

The anti-corruption agency urged the public not to engage in making illegal appeals or repost unlawful content to uphold a fair and clean election.

"The commission will continue to take resolute enforcement actions to combat conduct manipulating and sabotaging the election to ensure that it will be held in a fair and just manner."

Yau is in the UK

In response to the warrant, Yau wrote on his Facebook page: "As for the coffee invitation from the ICAC, my response for now is: noted."

Earlier this month, the ICAC arrested three people for allegedly urging others to cast blank ballots in the Legco election, shortly after security chief Chris Tang Ping-keung warned that such calls might be illegal.

Two men and a woman aged between 29 and 65 were arrested for reposting an online post that encouraged voters to cast blank votes. The trio were later released on bail pending a further investigation.

And just to make sure the elections go smoothly, on December 19 there will be 10,000 police officers all over the streets of Hong Kong... 

Two Former HK Leaders Named in Pandora Papers

11.9 million files reveal offshore accounts of wealthy elites

The Pandora Papers have revealed a treasure trove financial records showing current and former politicians, royalty, billionaires and celebrities who have hidden their money in tax-free offshore accounts.

Released by the International Consortium of Investigative Journalists, the 11.9 million files -- even bigger than the Panama Papers -- names two former Hong Kong leaders, Leung Chung-ying and Tung Chee-hwa.

In a report by Stand News that worked with ICIJ, Tung and his family have dozens of accounts related to seven offshore companies, while Leung was listed as the owner of two British Virgin Island companies while he was Hong Kong's chief executive.

Leung was accused of corruption but later cleared

Opposition lawmakers accused Leung of corruption in 2014 in relation to a HK$50 million payment he received from an Australian engineering firm and was investigated by the Independent Commission Against Corruption, but the Department of Justice dropped the case in 2018 due to insufficient evidence.

With the publication of Stand News' report, Leung is threatening legal action against the online news outlet, warning against the "flames of irresponsible journalism". In a series of Facebook posts over seven hours, he accused Stand News of misrepresenting the facts and being either ignorant of the laws governing what the city leader must disclose about his financials or driven by ulterior motives in deciding the publish the allegations.

Through its investigation of the financial records held by the ICIJ, Stand News reported Leung conducted business through two offshore companies and sold his 30 percent stake in DTZ Japan for HK$2.3 million in 2012, the year he began his five-year term as chief executive.

Tung and his family have 72 offshore accounts

Stand News also reported Tung and his family members were tied to at least 72 accounts owned by seven offshore companies, with one having an estimated US$1 million in assets, which were used to skirt taxes in Hong Kong. Tung has yet to respond to the allegations.

The online news outlet was one of 150 media outlets around the world, and the only one from Hong Kong to work on the Pandora Papers. 

Senior Police Officer Caught in Scandal is Reassigned

Choi will start overseeing human resources and discipline

 

Remember the Hong Kong police's national security director who was caught in an unlicensed massage parlour during a sting operation?

While Frederic Choi Chin-pang was cleared of any illegal misconduct, he has been removed from his post and assigned another one -- director of personnel and training in charge of the force's human resources, discipline and training.

Many officers were outraged when they heard the announcement today, saying Choi, 50, hadn't been punished at all, basically retaining the same rank, and that the transfer was "a fatal blow to the force's integrity".

Choi was No. 2 in force's national security

"Although it was lawful to visit an unlicensed massage parlour, as a senior police officer like him who heads a sensitive key post, his behaviour left an awful impression on society, whereas members of the public and even the force's own members question his integrity," a senior officer said on condition of anonymity.

"And now he will oversee the force's training and discipline? What shall he tell those who are accused of misconduct or those new recruits who are being trained in police college? It's a fatal blow to the force's integrity management."

Another insider said: "Choi should be whiter than white. Officers can use Choi as an example and find excuses for their alleged misconduct. He should at least be put on leave until the disciplinary hearing is over."

Choi was the No. 2 officer at the national security department of the police when he was caught during a raid on the Viet Spa in Wan Chai where illegal sex services were being offered. He was put on leave in March, but according to Commissioner of Police Raymond Siu Chak-yee, Choi still faced a disciplinary hearing, but would begin at his new post in the coming week.

Siu says Choi was cleared of criminal charges

The Department of Justice completed its review of the case last week and cleared Choi of any criminal charges. 

When asked whether Choi was fit for his new role, Siu replied," As we have confirmed no crime elements were involved in the incident, and as Choi has served the force for more than 25 years, we are confident in his work capability."

No one else in the force is just as capable, if not more?

During the raid, six women with Hong Kong identity cards were arrested on suspicion of running a vice establishment, while four people were later charged with the crime. In June a man accused of operating the spa appeared at Eastern Court, along with three women. They were charged with six offences, including four related to offering sex in an establishment.

In Hong Kong it is an offence to run an unlicensed massage establishment, with offenders facing up to six months' imprisonment and a fine of HK$50,000 (US$6,440). Buying sexual services at such premises is not illegal.

Viet Spa was raided here in Wan Chai

If that is the case then Choi is cleared, but the optics of him being reassigned to another post are not good, and it seems like the force is divided on this issue.

The integrity of the force was already on shaky ground, and this just adds more to cracks...

Civil Case Dropped on Yuen Long MTR Attacks

Lam is charged with subversion related to the July primaries

 

A former opposition lawmaker has dropped his lawsuit against police chief Chris Tang Ping-keung, suing for compensation for the injuries he sustained during the July 21, 2019 attacks in Yuen Long. 

Lam Cheuk-ting rode the train to Yuen Long and was attacked by white-shirted men wielding sticks, resulting in an injury to his mouth that required 18 stitches. Forty-four others were injured.

Lam was injured from the July 2019 attacks

He had sued Tang in the hopes of shedding more light on what happened that night, as the police were late to respond to the frantic emergency calls about the attacks in the MTR station, and it seemed the authorities were colluding with the attackers.

However, Lam and seven others have now dropped the suit, with Lam's lawyer, Albert Ho Chun-yan accusing the Department of Justice for dragging its feet on the case. He said that it had taken over a year for both sides to exchange documents, and that the case still had not proceeded to the stage of handling witness statements.

In addition Ho revealed the DOJ had recently asked the plaintiffs to drop their suit, arguing it was baseless.

"We anticipated that we might have to spend another year arguing over this, and the government may also appeal [if we win]," Ho said. "It seems that they are taking the plaintiffs as personal enemies."

Ho (second left) says dropping civil case today

And, unlike the government, Ho does not have unlimited funds. His client Lam decided it would be better for the money allocated for his lawsuit from the 612 Humanitarian Relief Fund to be used to help others.

"The purpose of Lam suing was not purely to seek compensation, but to seek justice and to compel the full discovery of many facts and pieces of information, many of which are now being hidden by the police and withheld from public disclosure," Ho said. "It is not getting too time-consuming and costly before we can reach that stage."

The other issue at hand is that Lam is currently in jail waiting for his trial for subversion, along with 46 others for running an unofficial primary last July to select candidates for the Legislative Council elections that were eventually postponed because of the pandemic.

Prosecutors claimed the poll was "a massive and well-organized scheme" aimed at paralyzing the government and forcing Chief Executive Carrie Lam Cheng Yuet-ngor to resign.

Choy was convicted last month, now appealing

Meanwhile also related to the July 21, 2019 attacks, RTHK freelance producer Bao Choy Yuk-ling, who was convicted of knowingly making a false statement under the Road and Traffic Ordinance to find information about vehicles that carried the white-shirted attackers, has decided to appeal.

She admitted she had no reason to be optimistic about the outcome given Hong Kong's "rapidly changing" political climate, but vowed to challenge the verdict in the city's top court if required.

"I have struggled with whether I should be more selfish and just let the case go, let myself go and just do whatever I want," Choy wrote on social media on Wednesday in announcing her appeal bid.

"But after going through the sadness and thinking over and over again, I know that I will definitely regret it for life and would not be able to sleep at night if I give up the pursuit of justice at this moment."

Photos like this seem to suggest collusion

Choy was convicted on two counts and find HK$6,000 (US$773). 

In making this appeal Choy is taking a brave stand to clear her name and for all journalists to be able to access public records for accountability. 

Both these cases show how fragile rule of law is in Hong Kong, making it is harder for people to maintain their faith in this crucial pillar of "one country, two systems" in the Basic Law that is fast eroding...

Conviction Rate of 2019 Protests Could Rise

More protesters could be prosecuted following new ruling

Lawfare, or using the law as a weapon, continues to thrive in Hong Kong with the latest ruling by a High Court judge who upheld prosecutors' wide power to indict suspects that even aren't physically present at an unlawful assembly or riot can face the same charges as actual participants under the legal principle of "joint enterprise".

Chief Justice of the High Court Jeremy Poon Shiu-chor acknowledged the law could be applied by prosecutors to go after all kinds of suspects ranging from a lookout or a driver of a getaway car, to a social media user who merely clicked "like" on a post promoting an illegal gathering -- depending on the strength of the evidence.

As a result this could lead to even more prosecutions and convictions of those who may have aided or abetted people who took part on the 2019 anti-government protests.

Poon: ruling applies to rioting, unlawful assembly

Poon said the common law doctrine must apply to the offences of rioting and unlawful assembly, as it was in the public interest to punish not only offenders caught at the scene, but also accomplices who were not.

"An accessory or a party to a joint enterprise is liable as the principal. This serves the public interest of maintaining the public order," Poon said. "A contrary construction which excludes the doctrine of joint enterprise... will have dire consequences for the maintenance of public order."

Poon dismissed suggestions the interpretation might lead to the "overcharging" of innocent people, saying an individual would remain safe unless he or she "crosses the line". He also rejected the notion that freedom of speech would be compromised.

"Freedom of expression is not absolute. It does not provide immunity to those who have actually, in the eyes of the criminal law, participated in an unlawful assembly or riot, such as by encouraging or promoting it, in the disguise of exercising their freedom of expression," he added.

The Department of Justice asked the appeal court to uphold the application of the common law doctrine of joint criminal enterprise, which allows all members of a group to be held liable for offences committed by an individual member, as long as they had a common purpose.

To and Tong acquitted on lack of evidence

The application was made in relation to the verdict to the first riot case related to the 2019 unrest, where three people -- student Natalie Lee Yuen-yui, and gym owners Tong Wai-hung and his wife Elaine To -- had assembled with protesters in a common purpose in Sheung Wan on July 28, 2019. The judge did not find sufficient evidence to convict them.

While the verdict on the trio will not be appealed, this latest ruling now gives prosecutors reason to prosecute and possibly convict more people future ca

Today's ruling will probably also give people another reason to leave Hong Kong if they have not done so already. The use of lawfare, or using the law as a weapon, has only started in Hong Kong and will only continue to gain momentum.

Top UK Barrister Quits Prosecution Case

QC David Perry has prosecuted many cases in Hong Kong

A few days ago there was a lot of surprise when the Hong Kong government announced it had hired a top barrister from the UK to prosecute nine high profile pro-democracy activists including Apple Daily founder Jimmy Lai Chee-ying, Martin Lee Chu-ming, Margaret Ng Ngoi-yee, and Lee Cheuk-yan for illegal assembly in Causeway Bay on August 18, 2019.

Queen's Counsel David Perry is considered a "top silk" and he has successfully prosecuted many other cases for the government, such as former chief executive Donald Tsang Yam-kuen for misconduct in public office, former chief secretary Rafael Hui Si-yan for bribery, Nancy Kissel the "milkshake murderer", and former feng shui master Peter Chan.

Protest march in Victoria Park, August 18, 2019

When the Hong Kong government made the announcement on January 12, Perry had already agreed to take on the case, but there were a lot of questions.

One is, why couldn't a top lawyer in Hong Kong be found instead as he or she is being paid with taxpayer money, but it seems the government is keen on draining the city's coffers wherever possible.

Second we're in the midst of a pandemic -- and the UK is in a terrible wave at the moment barring all Hong Kong residents from returning for now. Is it really prudent to have Perry come over and be exempted from quarantine?

Third, the global optics of a Brit prosecuting democracy activists in Hong Kong who are trying to uphold the rights and freedoms enshrined in the Basic Law is ironic. 

Lawyer Ng was charged with illegal assembly

Fourth, does Perry understand his client is really Beijing and paying him to do its bidding? Can he sleep at night knowing this?

But as soon as word got out in the UK, there was a massive uproar with British Foreign Minister Dominic Raab leading the charge.

He said he couldn't understand how anyone in good conscience could take up such a case, adding that people would regard the move as being "pretty mercenary".

Raab, who is a former lawyer himself, also said getting Perry to take up the case was a "serious PR coup" for Beijing. Not to mention the fat payment he would have received for his services.

So today it was surprising to hear the news that Perry had pulled out of the case. Hong Kong's Department of Justice said on Wednesday that Perry "expressed concerns about such [political] pressures and the exemption of quarantine, and indicated that the trial should proceed without him."

Perhaps Perry at first thought it was a good gig, but the political pressure was too much to bear. Or that it looked bad he would be exempt from quarantine and the criticism wouldn't end? 

Lai was also charged in the same case

In any event the DOJ has said a local barrister has been hired, but no name revealed.

Secretary for Justice Teresa Cheng Yeuk-wah said she was shocked -- shocked -- at the "disgraceful" attacks and political pressure.

"For such a reputable British Queen's Counsel to come to Hong Kong for a case which, in turn, surprisingly attracted so much unfair and biased attacks and views in Britain, it was not us underestimating [the backlash] at all," she said. "We are just shocked and could not have seen it coming."

It is bizarre that Cheng could not forsee the possible backlash of hiring Perry -- everything these days is political in Hong Kong. Even where you shop and eat represents your political stripes.

In fact the prosecution of these pro-democracy activists is a political act in itself.

Cheng was "shocked" Perry would be attacked

Did she not think about that? 

Another Acquittal in Protest Prosecutions

Social worker Hui talks to the media after being acquitted

 

The prosecutions against people charged with various offenses during last year's protests continue, and yet not all of them lead to successful convictions. If anything a number of them are acquitted because of lack of evidence, or in this latest case, police officers are unreliable witnesses.

Yesterday a social worker was acquitted of obstructing police when officers were arresting protesters in September last year. In fact the magistrate found Hui Lai-ming to be "very cooperative" and ordered prosecutors to pay for her legal costs.

The trial was heard at West Kowloon Court

On September 29, 2019, Hui observed police apprehending more than 100 protesters in Admiralty. However, the 52-year-old director of the Hong Kong Social Workers' General Union was accused of pushing Constable Chong Tik-long twice that evening.

Before Hui's trial began last Thursday, her lawyer asked prosecutors to drop the charge of assaulting a police officer, due to new video evidence that showed the social worker did not attack the policeman.

Then prosecutors changed the charge, accusing Hui of wilfully obstructing the officer, which carries a maximum sentence of two years.

But Magistrate May Chung Ming-sun found Chong to be an unreliable witness, citing "major differences" between his evidence and the defence's footage of the incident.

Chong testified Hui appeared very emotional and kept pushing a police cordon in an attempt to get closer to the arrested protesters.

Hui was accused of obstructing a police officer

However, the magistrate found that account unsubstantiated, pointing to footage that showed a peaceful Hui moving away from the scene. Chung said the footage in fact showed the defendant being pushed to the roadside by a group of officers, including Chong.

In addition, the officer fell on the ground later, not because the defendant shoved him, but because he lost his balance during the confusion. He fell a second time when another officer grabbed the defendant's hand and swung it at him accidentally.

"[Chong] fell on both occasions by accident. The defendant had no intention to assault [him]," Chung said. "The defendant had been very cooperative. She had no intention to resist police."

Hui said her acquittal was thanks to friends who put in a lot of effort to find the video evidence to prove her innocence. 

"It was through everybody's effort that we obtained the footage so that I could have a fair trial." she said, adding when the verdict was read out, she started crying, tears of joy.

Many protest-related prosecutions are acquitted

Even after Hui's lawyer told prosecutors it had fresh evidence, they still went ahead with the court case which obviously led to an acquittal and wasted taxpayer money. 

Perhaps what is worse is that these officers who give unreliable testimony are not punished for this; in other jurisdictions this would be perjury.

Is that because going down that route would be tedious? Or with so many cases going through the courts that there isn't time to do more than a slap on the wrist of the officers involved?

In any event the number of acquittals continues to rise, making the Department of Justice look less credible day after day...

Jimmy Lai's Shackled Appearance

Lai made a court appearance today to face NSL charges

The sight of 73-year-old Jimmy Lai Chee-ying bound in chains around his waist and in handcuffs will not be forgotten; the self-made tycoon is the embodiment of free speech, free press and free expression -- wrapped in chains.

He made an appearance at West Kowloon Court this morning to face charges of violating the national security law by colluding with foreign forces in his social media posts, calling for sanctions against local and mainland authorities.

Police are gathering evidence from Lai's tweets

The founder of Apple Daily was denied bail and his case will be brought to trial in April. In the meantime police will spend the next four months going through his social media, mainly Twitter to gather evidence.

While the law is not meant to be retroactive, prosecutors claim to have found tweets published after the national security law was implemented, where Lai called for overseas countries to "voice out and take action" over Beijing's suppression, tagging United States Secretary of State Mike Pompeo.

In another tweet, Lai urged the US to "be lenient" towards young Hongkongers seeking asylum in the country.

Prosecutors also focused on Lai's commentaries published in his newspaper, in which he believed international sanctions against Beijing over the new law would be more severe than the penalties imposed over the 1989 Tiananmen Square massacre.

The 17-page filing also noted Apple Daily has hosted online chats with guests like New York Times correspondent Nicholas Kristof, and Lai discussed how he thought Western countries should unite against China and why the West should be careful dealing with Chinese President Xi Jinping, whom he called "Mao Zedong No. 2".

He has met with Vice-President Mike Pence

Lai was also interviewed on Fox News, and CNN, and met with US Vice-President Mike Pence.

The filing also noted Lai had 120,000 followers on Twitter, and he followed such people as Pompeo and Taiwanese President Tsai Ing-wen. 

Lawyers for Lai appealed to grant the tycoon bail, but was refused. They also urged the magistrate to cut the adjournment period of four months down to one, but prosecutors claimed more time was needed to "enable police to conduct further investigation", and the case was adjourned to April 16.

As Lai is the first high-profile case to be tried under the national security law, there is not chance for leniency, everything is strictly by the book.

Sadly Lai most likely will spend the rest of his life in prison. Did he know it would happen this quickly? And like this?

Meanwhile the Department of Justice is "appalled" by overseas politicians like Pence and Pompeo calling for Lai's release.

Lai has given interviews with Fox News, CNN

Pence called the charges against Lai "an affront to freedom loving people and everywhere," while Pompeo said Hong Kong's national security law "makes a mockery of justice", and Lai's only crime is "speaking the truth about the Chinese Communist Party's authoritarianism and fear of freedom."

In a statement, a DOJ spokesman said: "We are appalled by such open demands for withdrawal of charge and immediate release of the defendant by senior officials in another jurisdiction. Such acts not only disrespect the HKSAR's judicial system and undermine the spirit of the rule of law, but also attempt to meddle in Hong Kong's affairs which are internal affairs of the People's Republic of China."

A very typical Chinese government statement.

"Any demands or statements that purport to interfere with the prosecutorial decision and process controlled by the DOJ or the independent exercise of judicial power by the judiciary of the HKSAR will be futile," he added, stressing that all prosecutions are without political consideration and it has nothing to do with people's political belief.

But this case is very much about Lai's political belief, is it not?

No Inquiry into Worst Martime Disaster in 40 Years

The Lamma IV filled with water and sank, killing 39 people

On the evening of October 1, 2012, colourful fireworks exploded in the sky above Victoria Harbour to celebrate National Day. 

But about half an hour before the pyrotechnics display, the night went horribly wrong, as 39 people lost their lives in the water, including eight children after two ships collided, making it the worst maritime disaster in Hong Kong in 40 years.

At around 8.20pm, a regular ferry that goes between Central and Lamma, called Sea Smooth, crashed into Lamma IV, a Hongkong Electric Company vessel that was on its way to Central to watch the fireworks following a tour of the power station on Lamma, thus many families were on board.

Victims' families want an inquiry into collision

The crash ruptured two water-tight compartments on Lamma IV, causing the ship to quickly fill with water and sink. More than 100 of the 121 passengers were thrown overboard without wearing life vests, while the Sea Smooth continued on its way to Lamma Island, with some of its passengers including the captain were injured. In total 92 people were injured from both ships.

There was criticism of the captain of the Sea Smooth for leaving the site of the accident and not offering to help rescue Lamma IV passengers; others say there were concerns the Sea Smooth should quickly make its way to Lamma out of fears it might sink. After being discharged from the hospital, the captain was emotionally unstable. 

The Sea Smooth captain was sentenced to eight years in prison for the deaths, while the Lamma IV captain was acquitted of manslaughter, but found guilty of endangering the safety of others at sea.

A commission of inquiry was submitted to the government in 2013, which found there were "serious systemic failings" with the Marine Department that added to the tragedy.

James To is pushing for the Coroner to reconsider

But now eight years later, the Coroner's Court has told families of the victims it will not investigate into the tragedy but did not disclose the reasons publicly.

James To Kun-sun, a Democratic Party lawmaker, has been assisting the families, said he was shocked by the coroner's decision.

"As the Lamma ferry crash was an unprecedented marine accident in Hong Kong... an inquest should be opened to give family members and the public the truth."

He said the inquest would let the public know about the details of investigations by the police and the Marine Department, which were carried out after the commission of inquiry. 

To added it was unfair for the victims' family members to lose the right of cross-examination, which would have helped pursue the truth behind the accident.

Eight children died in the disaster in 2012

"An inquest is the only opportunity for victims' relatives to receive relevant [investigation] documents, make cross-examinations and seek the truth," To said.

The families were dealt another blow when the Department of Justice said earlier this month it would no longer initiate prosecutions over the crash.

As a result the victims' relatives may file private prosecutions against those responsible for the crash.

It is strange the Coroner's Court is not pursuing an inquiry -- the public needs to know what happened in this disaster and to prevent it from happening again. Perhaps the Marine Department feels enough punishment was meted out at the time, with 17 of its officers found guilty of misconduct and disciplined by the Civil Service Bureau. 

But this was the worst maritime disaster since 1971 -- and involved eight children.  Surely it deserves a comprehensive inquiry?

The horrific collision led to many families registering their children to learn how to swim -- eight years on, is this still a skill in demand?

Vindication for Police Critics on Last Year's Protests

Riot police not wearing any kind of identification last year

A year after the dramatic siege at Polytechnic University that saw protesters rappel down to waiting motorcycles and cars, and a police officer shot in the leg by an arrow, today there was vindication for critics of the police in how they treated protesters during the months' long anti-government protests.

The High Court ruled that the system in dealing with complaints against the police is not adequate, and that officers' failure to display their identification numbers during last year's protests contravened the city's Bill of Rights.

The latter was a constant complaint especially during the latter half of the protests, when the public could not file complaints against the police because there was no identification number on their uniform, or there was only a vague indication of a unit.

Court of First Instance Judge Anderson Chow Ka-ming sided with the Hong Kong Journalists Association in its legal challenge against the government and the force. The court also ruled in favour of two other judicial review applications filed by four residents who took issue with the officers' failure to display their identification.

Complaints could not be filed without ID numbers

Chow found the Bill of Rights imposed a "positive obligation" on the government to maintain an independent mechanism capable of conducting "effective investigation" into complaints of suspected ill-treatment by police officers.

"The existing complaints mechanism involving the Complaints Against the Police Office, with oversight from the Independent Police Complaints Council, is inadequate to discharge this obligation," he said, adding the CAPO was operated under the police, and the IPCC lacked the necessary investigative powers.

Meanwhile Article 3 of the Bill of Rights states no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Chow wrote: "The rights protected by [Article 3 of the Bill of Rights] are absolute and non-derogable. This means that even in times of public emergencies, however serious, the rights under [Article 3] must still be respected by the government and protected by the courts."

This ruling demonstrates how the judiciary has a different view of the existing system compared to the government, as Chief Executive Carrie Lam Cheng Yuet-ngor has claimed it was capable of handling complaints due to the protests.

However, she ignored the advice of former chief justice Andrew Li Kwok-nang in setting up an independent inquiry looking into the protests, and instead insisted the IPCC's report would suffice, though it lacked the teeth to conduct a truly independent inquiry because it did not have the power to subpoena witnesses.

Chow also ruled the police commissioner's failure to maintain and effective system ensuring uniformed police officers deployed during the unrest displayed their identification numbers violated the Bill of Rights.

Lam felt the IPCC's report would be sufficient

As a result, the complaint system could not work because victims could not identify the officers in the cases of possible ill-treatment.

"An obvious measure that could and should be taken would be to require police officers each to wear and prominently display a unique identification number or mark when carrying out non-covert duties," he said.

Numerous court cases were filed last year by those who accused the police of ill-treatment, but could not file a complaint because they could not identify the officers involved.

The police force, Department of Justice, Security Bureau and the Chief Executive's Office are studying the judgment.

In court, lawyers for the government and police maintained both had complied with the law, and in an earlier written affirmation, Chief Inspector Kenneth Lee Yuet-lam told the court that riot officers were not required to display their numbers because of "obvious personal safety concerns". 

He was referring to concerns of doxxing, where a person's personal information is posted online and may lead to malicious intent.

While Chow understood the force's concerns about doxxing, he wrote: "However... such concern cannot of itself override the duty to maintain an adequate system to investigate suspected cases of breach of [the Bill of Rights]." 

Yeung says the police must respond to the ruling

The Hong Kong Journalists Association chairman Chris Yeung Kin-hang welcomed the court's ruling and called for an immediate response from the police.

"We hope the force will take immediate actions to rectify the situation, as revealing identities should be a basic requirement [for officers] so that the public, including journalists, can lodge a complaint against certain officers if they are unfairly treated," he said.

"I think the ruling gives a very clear instruction on what police should do, but honestly, it is beyond our control whether the force will take immediate action, as it is possible they will lodge an appeal."

There is a strong possibility the force will appeal... but the ruling based on the Bill of Rights is very compelling. Protesters will cherish this legal victory as vindication that their right were violated. 

It is a nudge in the right direction for civil society and rule of law, but how long will it last?

Seven More Acquitted of Rioting

Protesters set spectator stands on fire in Wan Chai last year

 

Seven people were acquitted of rioting during an anti-government protest on August 31 last year because the prosecution did not have enough evidence to prove without a reasonable doubt.

District Judge Sham Siu-man concluded on Saturday there was no evidence showing what the defendants did before their arrests in Wan Chai, and ruled their presence alone was not enough to justify a conviction, even if they were dressed in black and equipped with protective gear.

A boyfriend and girlfriend acquitted of rioting

"Undoubtedly, the situation of the night in question was not something that one would often see in Hong Kong," Sham said. "To some people, it was perhaps a rare and special historical moment. The court does not rule out the possibility that, among those present, there were indeed some who went there hoping to witness everything that was happening."

The judge also sided with the defence in ruling there could be innocent reasons for some of the defendants to try to flee from the scene, as they may have left due to police warnings, a spontaneous reaction to swarms of people, or "out of fear of the police" at the time.

"Their being participants of the riot is not the only reasonable inference," Sham concluded. "The court is of the view that the prosecution has failed to prove the offences beyond reasonable doubt and therefore the court finds all the defendants not guilty."

Police responded with tear gas and water cannon

As soon as the judge announced the acquittals, a round of applause erupted in the courtroom. Supporters outside the courtroom thanked the lawyers and chanted, "There are no rioters."

 On August 31, 2019, there were violent clashes between protesters and police at the intersection of Hennessy Road and Luard Road. Protesters hurled Molotov cocktails at police and set up roadblocks. They even dragged benches from the spectator stands at Southern Playground to the middle of the street and set them on fire.

Police responded with tear gas and water cannon, arresting 142 people that day.

In late September the same court dismissed a charge of rioting against a social worker, Jackie Chen Hung-sau who was also there that night in Wan Chai. She had been accused of rioting when in fact Chen was trying to calm the police down.

Jackie Chen was also acquitted in September

So far the number of acquittals in riot charges is 11. Only one protester to date has been convicted of rioting.

As of October 15, more than 10,100 people have been arrested in relation to the anti-government protests, with 2,285 charged, of which 691 were accused of rioting.

Now that another seven defendants have been acquitted, the Department of Justice should look at its scorecard and see it's not doing that well in terms of convictions. If their evidence is not solid, why are prosecutors wasting everyone's time (and taxpayer dollars) in pushing these cases through the judicial system, only to have them dismissed?

But perhaps these rulings are good -- they are for the record and proof the judiciary, which is under a lot of pressure, is still holding up the rule of law.