Convicted Protester Defiant at Sentencing

In November 2019 students clashed with police at CUHK

Yesterday five former Chinese University students were jailed for up to 59 months each for rioting and flouting a ban on wearing masks at public gatherings during clashes with police on the university campus in November 2019.

When handing down the sentences to the five at West Kowloon Court, Deputy Judge Kathie Cheung Kit-yee said the defendants must have chosen to remain at the scene either to take part in the violence or abet the criminal acts of their comrades.

She said the lack of evidence over the defendants' level of involvement was no reason to reduce their jail sentences, because all participants in a riot shared the same culpability regardless of their roles in it.

5 were arrested at the bridge near CUHK entrance

"Hong Kong is a place which upholds the rule of law, and a peaceful and tranquil community which shows no tolerance aimless acts that seriously disturb the peace, especially those targeting law enforcement officers," Cheung said.

Three men aged 23 and one aged 20 were all sentenced to 57 months in jail, while one female defendant, Foo Hoi-ching, 23, was handed a 59-month sentence.

The five were arrested near the bridge near CUHK's entrance where protesters hurled objects at police. At the time protesters had just thrown 23 Molotov cocktails and other hard objects at police.   

Foo, a nursing student, remained defiant during mitigation, saying she was not sorry for what she had done and found Cheung's ruling unreasonable.

She wrote a letter to the court that was quickly translated on Twitter by Tsui Lok-man, a former assistant professor at CUHK's School of Journalism and Communication:

Foo says authorities free to interpret the law

"First of all, this letter of plea is not intended to gain the mercy of the judge.

"In asking for the background report, I honestly have no regrets for my actions, and I also have nothing to say to the judge in my plea, because I do not agree with the law itself, nor do I feel I have done anything wrong.

"Simply put, I do not think this is a reasonable sentence. In the eyes of some people, 'the law is the law, and if you break the law, you need to bear responsibility'.

"Others may also believe that the court's ruling proves that the protesters' behaviour is wrong, and their actions in vain. But I believe that authority does not equal correctness.

"First of all, the laws of Hong Kong today are not recognized by its people, nor does society have any space to discuss whether the law is reasonable or not. Second, the Public Order Ordinance is vague by design, to enable the authorities to freely interpret and control it.

She says the law controls people, not for justice

"After 2019, riot cases have increased rapidly, and the courts have given a new interpretation to the definition of a riot, such that increasingly more behaviour is now classified as "illegal behaviour", enabling more and more people to get convicted, and allowing the authorities to further repress dissidents.

"Under a totalitarian regime, the law is only a bloodless but violent tool of the authorities to control the people, and the court is not a place of justice.

"In such a place, only attention is being paid to social order on a surface level, but the root cause of what is tearing the society apart is ignored.

"When the penalties for political cases gets heavier, some defendants will please guilty or appeal to the judge, in order to reduce their sentence, but this does not necessarily mean they agree that the current law is moral or just.

Foo no longer believes in the HK judicial system

"The judge may point out that if you are not satisfied with the ruling, you can appeal. However, I no longer believe in Hong Kong's judicial system, and even the highest courts may not listen to the voices of dissidents.

"I just want to take this opportunity to express my dissatisfaction. If the court hears what I have said, and believes that it is justified in giving me a heavy sentence to make me regret and reflect, then it will be just as it is."

 

法官閣下：

首先表明，我無意以這封求情信來博取法官閣下的憐憫。

我索取背景報告時，我坦言對於自己的行為並無後悔，亦沒有說話要向法官閣下求情，因為我並不認同法例本身，亦不覺得自己有做錯的地方。簡單而言，我不認為這是合理的判決。

在某部分人眼中，示威者「犯法就係犯法，就係要負責」，有些人亦可能認為法庭的裁決證明了示威者的行為是錯誤，是徒勞無功的。但我認為，權威並不代表正確。

首先，香港現時的法律，並非由人民共同認可，社會並沒有空間討論現行法律合理與否。其次，暴動條例的定義本來就模糊不清，以便政權靈活解釋和操控。2019年後暴動案件急升，法庭時而重新詮譯暴動定義，令更多行為被列為「法律不認可的行為」，從而令更多人入罪，令政權得以打壓異見者。

極權下的法律只是政權用以規範人民行為的不流血暴力手段，而法庭也不是一個彰顯公義的地方。這裏只會流於表面地關注社會秩序，並不會著眼社會撕裂的根本原因。

當政治案件的刑罰日益加重，有些被告會選擇認罪或向法官求情，以減輕刑期，但或許並不代表他們認同現行法律具有道德正當性。法官閣下可能會指出，若不滿閣下裁決，大可以申請上訴。然而，本人已不再相信香港的司法制度，再高級的法庭亦不見得會聆聽異見者的聲音。

我只是希望藉此機會表達我的不滿。如果法庭聽畢本人以上的言論，認為可以用重判形式令本人從而後悔及反省，那便悉隨尊便。

 

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...

The Two Michaels on Trial

Diplomats from 23 countries came out for Kovrig's trial today

 

This morning was the second of the "Two Michaels" trials -- Canadians Michael Spavor in Dandong in northeastern China, and then today Michael Kovrig in Beijing.

Diplomats from 23 countries came to the courthouse to attend the proceedings -- but were shut out on claims that it is a national security case. Kovrig was formally charged last June for allegedly spying and conspiring with businessman Spavor.

Last Friday diplomats from eight countries tried to attend Spavor's trial but were also denied entry, along with journalists in both cases.

Yang criticized the US during the Alaska talks

Both men have been held practically incommunicado since December 2018 in deplorable conditions and then were suddenly put on trial because officials from the United States were meeting with their Chinese counterparts in Alaska, the first meeting since the start of the Biden administration.

China probably hoped to gain more concessions from the US, but the two-day meeting ended in lots of verbal posturing and not much accomplished. May we add that for all of Director of of the Central Foreign Affairs Commission Yang Jiechi's attacks on the US, his daughter Alice graduated from Yale...

But back to the urgent matter at hand.

Marc Garneau, Canadian Minister of Foreign Affairs said in a statement: "We are deeply troubled by the total lack of transparency surrounding these hearings and we continue to work towards an immediate end to their arbitrary detention.

"The eyes of the world are on these cases and proceedings and I want to thank our international partners for their continued support and solidarity."

Esteemed legal scholar Jerome Cohen wrote about the Spavor trial, saying it would be ridiculed by all democratic nations.

Spavor (right) and Kovrig were suddenly on trial

While questioning why diplomats and reporters were not allowed into the courtroom, and how was the trial conducted, did Spavor have any interpretation access or were there any witnesses called to testify, Cohen asks and adds:

"Is the handling of this case designed to demonstrate that China has stood up to the world judicially in a blatant exercise of a newly empowered 'sovereignty' that rejects conventional contemporary standards? What can its leaders be thinking? Are we back to the days of Chinese-Western conflicts over Imperial China's criminal prosecutions of Western sailors at the end of the 18th century or early 19th century?"

To Cohen the whole affair is terribly archaic.

Spavor's trial ended in less than three hours and no verdict was announced, while Kovrig's spanned the whole day before a verdict would be given at a later date. 

Meanwhile China's Foreign Ministry criticized the gathering of diplomats outside the courthouse. 

"Be it a few or dozens of diplomats trying to gather and exert pressure, it is an interference in China's judicial sovereignty... and not something that a diplomat should do," said foreign ministry spokesperson Hua Chunying.

Guy Saint-Jacques says this is a political case

Former Canadian ambassador to China Guy Saint-Jacques said he expected the proceedings to be short.

"China does not even try to make this look like a real trial as evidence is not shared with the defence and the judge does not even take the time to review it," he said before Kovrig's hearing. "It just confirms that the process is preordained by the Communist party and this is a political case."

Saint-Jacques seems to be hinting the end result is not going to be good for both Michaels even though they have suffered more than enough already.

We can only hope they still have the will to keep hoping.

 

Bail Hearings for 47 "a Farce of Procedural Fairness"

Leung Kwok-hung flashes a V-sign before bail hearing

 

After a marathon four days of hearing bail applications from the 47 people charged with subversion under the national security law, 15 were granted bail -- but the Department of Justice immediately lodged an appeal, which means those people still remain in custody.

These last few days have given Hongkongers an idea of what could happen to them if they are arrested for violating the national security law. Chief Magistrate Victor So Wai-tak thought he would get through all 47 applications in one day -- it ended just before 3am the first day after defendant and district councillor Clarisse Yeung Suet-ying fainted in the dock and had to be sent to hospital. Three other defendants also felt unwell and sought medical attention too.

Chief Magistrate Victor So

The others were all taken back to their cells and only a few hours later returned the court, hardly having eaten, barely slept or even taken a shower. One defendant, barrister Lawrence Lau Wai-chung apologized to Chief Magistrate So for his shabby appearance because he had no time to shower or change his clothes for three days.

Only then did So decide that the hearings would end at 10pm to allow the defendants time to eat and clean themselves.

All this and not all family members and friends could see their loved ones in the dock, nor give them the clothes and other supplies they needed in prison; members of the media did not have full access to witness the proceedings in the court either and could only watch via a video link. 

The prosecutors have also asked for a three month extension to complete their investigations, which means these 47 could be remanded in custody for a year before they are brought to trial. One legal expert, the esteemed Jerome Cohen, is calling this "a farce of procedural fairness". 

Some of the defendants dismissed their lawyers in a bid to plead their case in their own words.

Tam told the court of his humble upbringing

One was ex-lawmaker Jeremy Tam Man-ho who was a former Cathay Pacific pilot and his story made several reporters cry as they took notes. 

He told the court his family was poor and lived in a wooden hut, but it burnt down and they moved to a squatter area. Tam grew up without any toys and he and his parents shared one packet of instant noodles. His father worked as a taxi driver to provide for his family and was finally able to save up enough to send Tam to Australia to study to become a commercial pilot.

However, his father was diagnosed with colon cancer and the treatment cost HK$30,000 a month. Luckily Tam's pilot salary could pay for it, but what about other people in the same predicament? It was then that Tam decided to help other people in Hong Kong by becoming a politician.

"Judge, if you grant me bail, I am willing to do it at all costs. I will agree to all the terms you say. As you wish, I can even take the stars for you. I only want to hug my kids, my wife, and apologize to them 10,000 times," he said.

Supporters waited outside the court in the rain

Tam's story is an amazing Lion Rock story, literally from rags-to-riches to trying to better the society, only to be arrested under the national security law for trying to gain more representation in the Legislative Council which was legal under the Basic Law.

Now Hongkongers are being shown that this is completely wrong and illegal, and this is what will happen to you if you even attempt to change the system.

Speaking of which, the National People's Congress right now is looking to amend Hong Kong's electoral system to ensure "patriots" rule the city.

It will be next to impossible to have any kind of meaningful opposition, elected representatives who represent the views of the people.

And at the same time the Heritage Foundation has taken Hong Kong off the top of the list for having the freest economy in the world -- a standing it held for 25 years until last year -- and put it and Macau together under China down at 107th place, above Uganda, among economies that are deemed "mostly unfree". Hong Kong's index score was described as "not available".

Chan blasted HK's ratings drop by US think tank

The right-wing think tank said "developments in recent years have demonstrated unambiguously that those policies are ultimately controlled by Beijing".

Financial Secretary Paul Chan Mo-po struck back, saying: "When they arrived at that decision, they must have been clouded by their ideological inclination and political bias."

He still insisted the city still enjoyed economic competitiveness with the free flow of capital under "one country, two systems", and that rule of law was still respected.

How can Hong Kong's economy still remain free when its political and judicial institutions are being dismantled daily?

National Security Law Displaces Basic Law

Lai was seen briefly as he entered the Court of Final Appeal

 

This morning Apple Daily founder Jimmy Lai Chee-ying briefly came out of prison to hear the Court of Final Appeal's ruling on whether he should have been granted bail on December 23 while waiting to face trial on charges of fraud and colluding with foreign forces.

The CFA ruled it could not overturn NSL

But at that time he was sent back to jail on December 31, when the Court of Final Appeal ruled the Department of Justice could appeal the High Court judge's decision.

Just before 10am, Lai was briefly seen wearing chains around his waist as he walked into the CFA; his die-hard supporters lined up last night to ensure they got a seat in the gallery, while his detractors held up posters and claimed he violated the national security law -- but that trial isn't until April 16.

However, Lai's time in the court was only for a few minutes, and he won't be spending Chinese New Year with his family.

In December he had been granted bail after paying a HK$10 million bond, but today the Court of Final Appeal found the judge who had released him, based his decision on an erroneous interpretation on a key provision of the national security law.

Chief Justice Cheung was involved in the ruling

Recently installed Chief Justice Andrew Cheung Kiu-nung said Lai could apply for bail again at the High Court, as the Court of Final Appeal lacked the jurisdiction to handle his application.

In addition the court said the Beijing-imposed security law, which criminalizes acts of secession, subversion and terrorism, was not open to constitutional review, and that Hong Kong's most senior judges had no power to correct parts of the legislation alleged to run counter to the Basic Law, or the International Covenant on Civil and Political Rights as applied in Hong Kong.

Charges related to the national security law will be scrutinized at a higher standard, which means defendants hardly have any chance of getting bail. Hong Kong's justice system is being brought into line with China's very swiftly, with the Secretary for Justice Teresa Cheng Yeuk-wah making this possible.

In other words, since the national security law was implemented by the National People's Congress and Standing Committee of the National People's Congress, Hong Kong judges have no right to amend anything to do with it.

Tong allegedly drove into police officers

It also means that the Basic Law does not protect people's rights when it comes to breaching the national security law.

Today it was also announced that the first person charged under the national security law, Tong Ying-kit, will not have a trial by jury, but instead by three judges appointed by Chief Executive Carrie Lam Cheng Yuet-ngor.

On July 1 last year, Tong allegedly rode a motorcycle into police officers during a protest.

Justice secretary Cheng claimed a jury trial may pose "a real risk" to jurors and their families, and that it could impair the "due administration of justice".

Cheng says Tong's case heard by judges not jury

Eric Cheung Tat-ming, a legal scholar at the University of Hong Kong questioned Cheng's reasons, as there was no evidence of any potential threat to jurors.

"Why is it that they can ensure the judges' safety but not the jurors'?" he said.

Cheung said the jury system was introduced as a safeguard to check against bad law, and Cheng's decision to "circumvent and damage the system" had resulted in the natural consequence of giving the impression the government did not trust juries.

Yet another sign of the justice system in Hong Kong being mainlandized. There is no legal way around it...

More Arrests This Morning

Police made another swoop of 11 people this morning

 

This morning Hong Kong woke up to more arrests. This time it was 11 alleged accomplices to the 12 who tried to flee to Taiwan and ended up being caught by mainland authorities.

Eight men and three women were arrested for "assisting offenders". Under the Criminal Procedure Ordinance, this charge carries a maximum sentence of 10 years in jail.

Two underage fugitives returned to Hong Kong

According to an unnamed source, these 11 people were accused of sponsoring the fugitives' attempt to abscond, with the amount of funds offered by each of them, ranging from a few thousand Hong Kong dollars to tens of thousands. 

"They also provided help, such as introducing middle men to the fugitives, arranging shoreline pickups and providing hiding locations," the source said.

The 12 fugitives were arrested last August by the Chinese coastguard. Ten were jailed for between seven months to three years on December 30 in Shenzhen for illegally crossing the border. They were fleeing charges related to the 2019 anti-government protests.

The two others were underage and had jumped bail in Hong Kong. They were recently handed back to local police and will face trial.

One of the most prominent arrested this morning was 72-year-old lawyer Daniel Wong Kwok-tung, who is also a Kowloon City district councillor. His Facebook page said officers from the police's National Security Department arrived at his home at 6.10am on Thursday.

Wong told Hongkongers not to give up as he left

As he was escorted from his office handcuffed, Wong said, "Democracy, rule of law, human rights, persistence. Hongkongers, don't give up."

Wong is known for tirelessly providing legal assistance to protesters arrested during the 2019 protests and was also behind a campaign to set up a cafe in Taiwan to employ exiled Hong Kong protesters.

He is the second lawyer to be arrested in a week after American John Clancey who was one of the 53 people swept up by the authorities in a mass arrest.

In addition to Wong, a 29-year-old Ukrainian man who works in a restaurant was arrested, along with two students and a 29-year-old independent musician called Rono Fok.

Many campaigned for their release when detained

The 11 arrested today join another nine who were taken into police custody in October on suspicion of helping the 12 escape. They are accused of providing the fugitives with the boat, as well as accommodation, transportation and money.

The authorities had warned people who assisted the fugitives would be arrested, and now here we are. 

Unless the police have more people in mind they want to arrest?

Hong Kong's New Chief Justice

Chief Justice Andrew Cheung making his inaugural address

Hong Kong has a new chief justice, Andrew Cheung Kui-nung, and with the official start of the legal year, he gave an inaugural address stating that the judiciary would continue to follow the rule of law that is enshrined in the Basic Law.

The 59-year-old Cheung succeeded Geoffrey Ma Tao-li who retired last week. Cheung seems to continue in the same vein has his predecessor, as he urged judges to be steadfast in maintaining the rights and freedoms of residents.

Cheung (right) with predecessor Geoffrey Ma

He repeated a few times that the principles of judicial independence and impartiality would remain unchanged during his tenure.

"An independent judiciary is essential to the rule of law in Hong Kong and the due administration of justice," he said.

"It is equally crucial to the public's and business [community's] confidence -- whether local or overseas -- in our judicial system, as well as to the international reputation of Hong Kong as a society governed by the rule of law under the 'one country, two systems' arrangement."

Cheung noted he was coming in at a sensitive time, with the slew of prosecutions related to the anti-government protests in 2019 and the implementation of the national security law last summer.

He said it was inevitable that cases with political undertones would come before him and his colleagues, which would inevitably draw "extreme and harsh" partisan criticism.

Cheung was sworn in today as chief justice

"Whilst the freedom of speech of everyone in society must be fully respected, there must not be any attempt to exert improper pressure on judges in the discharge of their judicial functions," Cheung said. "It has to be stressed that attempts to exert undue pressure on our judges by means such as threats of violence or doxxing are as futile as they are reprehensible."

In addition Cheung advised judges to put aside their personal opinions when they returned to the bench, as the public expected impartial judgments.

While it is reassuring to hear the new chief justice say the judiciary will continue on as it has, how much pressure will it have to try to fend off from stakeholders on all sides as Hong Kong becomes more politicized and divisive?

 

Beijing Draws Red Line on Judiciary

Beijing plans reforms in judiciary, will it sustain the pressure?

 

In the past few months, Beijing has targeted the legislature, now with only two opposition lawmakers, and the media has been under pressure, with the likes of Apple Daily raided, its founder under investigation, and RTHK under pressure to conform to become the communications branch of the government.

Now the central government is focusing the judiciary, that reforms need to be made. This was outlined by Zhang Xiaoming, deputy director of the State Council's Hong Kong and Macau Affairs Office, during the Basic Law 30th Anniversary Legal Summit.

Zhang says patriotism will be added to reforms

"People who love the country and Hong Kong will govern Hong Kong, and people who are anti-China and cause trouble in Hong Kong are out," he said. "This is a political rule under 'one country, two systems', and has become a legal requirement now."

Although Zhang called for the "one country, two systems" governing formula, under which Hong Kong is allowed a high degree of autonomy, to be implemented comprehensively and accurately, he also said the city's constitutional systems must be upgraded, and misconceptions replaced with the correct principles, such as patriotism.

"Hong Kong treasures core values such as democracy, freedom and human rights. But before that, we need to add the term 'patriotism'," he said. "While we must talk of seeking common ground and setting aside differences, we must also insist on bottom lines. The firmer we are on the bottom line, the bigger the room for political tolerance."

This means "Basic Law-related work" needed to be done, such as "oath optimization" and "qualification screening" for civil servants, national education, and judicial reform. He didn't elaborate, though one is curious what "oath optimization" means.

The Basic Law is being changed by Beijing

Under the new security law, civil servants must pledge allegiance to Hong Kong and the Basic Law. Zhang said these moves were aimed to correct "wrongful activities" and cover loopholes.

"Right now is the time to sort out what is true and what is false," Zhang said, adding that people who do not recognize the "motherland" or threaten the country's national security, do not fall in line with the Basic Law.

"Only those who are patriotic should be in place, otherwise they should be removed from the system," Zhang said.

Patriotism will extend to "all walks of life" eventually. It is similar to then US president George Bush's post 9/11 speech, "Either you are with us, or you are with the terrorists."

Teresa Cheng and Carrie Lam at today's event

Is this something Hongkongers are prepared for, young and old, men, women, children, no matter what job you have, from a street cleaner to a tycoon?

If not, you will be removed from the system unless you remove yourself first.

Police Sergeant's Drunken Misadventure

An office measures out how far apart people should be

 

The Hong Kong police are out in force these days to make sure people are social distancing in groups of four in public. 

But they themselves have flouted the rules and then some.

A sergeant was sentenced to 160 hours of community service for assaulting a junior officer during an illegal public gathering. He was suspended.

David Leung pleaded guilty to common assault

David Leung Kwok-wing was spared jail at Tuen Mun Court on Tuesday, after he pleaded guilty to common assault during a drunken brawl on April 19.

The 40-year-old Leung and his nine colleagues flouted the government's ban on public gatherings of more than four people when they met for dinner late in the evening for a farewell dinner for policewoman So Ling-nga, who was leaving the force.

Leung got into a heated exchange with 31-year-old So after she teased him for his "inability to drink". 

During the altercation he grabbed her by the hair for 10 seconds, causing her head to swell and she sustained scratches to her arms. She was granted two days' sick leave after the incident.

At first Leung denied the accusation under caution and during a police investigation, and then changed his plea to guilty. He has agreed to compensate So HK$3,000 (US$387) for her injuries.

Ten officers also fined for not social distancing

Magistrate Kelly Shui accepted the probation officer's recommendation of community service for Leung only because of his timely guilty plea. She told Leung his fall from grace was due to his arrogance.

"The two days' sick leave [given to the victim] was, to some extent, telling that you had no reservation to go all out when you pulled your colleague's hair," Shui told the sergeant.

"You are a law enforcement officer. You yourself have to set a good example for others. You have to be forgiving to your colleagues."

Shui warned the court "would not go easy" on Leung should he violate the terms of the community service order.

The 10 officers, all from Tin Shui Wai Police Station, have been fined for breaking the social distancing ban, but it was not revealed how much they were fined, as it can be as much as HK$50,000 (or imprisoned for six months).

Leung will also undergo an internal disciplinary hearing. 

Why these officers thought they were above the law or could get away with flouting social-distancing measures is outrageous, and then to get drunk and pull a colleague's hair because she teased him for not holding his alcohol is just as outrageous.

At least justice was done here.

Next!

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.

 

Justice Secretary Halts Two Private Prosecutions

Teresa Cheng has intervened in two private prosecutions this week

In Hong Kong, most prosecutions are brought on by the Department of Justice, though the common law system allows for residents to pursue charges under the Magistrates Ordinance.

Lawmaker Ted Hui Chi-fung was exercising that right, trying to privately prosecute over two incidents that happened during the protests last year. One was when a policeman shot 21-year-old protester Chow Pak-kwan at point blank range during a confrontation in Sai Wan Ho last November.

Ted Hui wants to get justice for the victims

The other was when a 59-year-old taxi driver, Henry Cheng Kwok-chuen, drove into some people in Sham Shui Po protesting over the government ban on using masks to hide identities last October.

However with the space of three days this week, Secretary for Justice Teresa Cheng Yeuk-wah has intervened to halt both these prosecutions.

While the Department of Justice does have the final say in criminal prosecutions "free from interference", but both of them? In less than a week?

Hui accused Cheng of putting politics above the rule of law, saying: "Teresa Cheng has adopted improper means to terminate the private prosecution without providing any reasonable grounds."

He continued by saying her action jeopardized the right of the DoJ to have complete control over prosecutions "free from interference".

"This, in turn, becomes a support for violence used by the police and government supporters, upending rights and wrongs and seriously harming residents' right to bring private prosecutions under the common law," he said, vowing to lodge a judicial review to challenge the decision.

The moment when Chow was shot by a police officer

In her blog post in June, Cheng wrote private prosecutions "which are groundless or frivolous or brought out of improper motives or political considerations should not be condoned".

Do these two cases fit her above descriptions of those that should not be prosecuted?

In the case of Chow the student, he was shot in the abdomen and had to have one of his kidneys and half his liver removed because of the damage caused by the bullet. Chow has had to quit studying because he has trouble concentrating and needs psychological counselling. He was charged with attempting to steal a Hong Kong policeman's gun. Hui was trying to prosecute the police officer.

Meanwhile Hui also wanted to prosecute taxi driver Cheng, though he claims to have no idea how he lost control of his car. A 23-year-old woman suffered serious fractures to both legs when the vehicle mounted the pavement outside Cheung Sha Wan government offices before smashing a store front.

Cheng's taxi crashed into protesters last November

Right after, witnesses dragged Cheng out of the taxi and beat him up, leaving him with fractured ribs and had to have four stitches in his head. But he was never charged in the incident, though two other men at the scene were charged with rioting and later released on bail.

Hui will meet the justice secretary in about 15 days' time to discuss the latter case; maybe then she will reveal the real reason behind halting the prosecutions, which has only been done twice in 51 cases from 1996 to 2013...

District Councillor Acquitted of Assaulting Police Officer

Jocelyn Chau emerges from the court after cleared of assault charges

Hong Kong's Department of Justice may think it is doing its job, in the process of prosecuting over one thousand people who were involved in last year's anti-government protests, but its success rate is actually very low.

So far of the almost 9,000 people arrested, 5,700 are being investigated, about 1,500 are facing trial, and some 100 convicted so far.

Today is another case in point.

Co-defendant Lao Chak-yin was also acquitted

A Hong Kong district councillor who was charged with assaulting a policeman last year during the protests was acquitted today, after the magistrate ruled the involved officers and his superior had made up the incident, then "covered a lie with another lie".

Eastern district councillor Jocelyn Chau Hui-yan and co-defendant Lao Chak-kin, both 23, were charged with assaulting a policeman in North Point on the evening of August 11 last year.

In the trial it was heard that Chau and Lao were live streaming a gathering at King's Road at 9pm after an anti-government rally. It was there that they were accused of shoving Constable Hui King-yiu, causing him to strain his back.

But instead the footage taken by Chau showed Hui reaching for her mobile phone and telling her to stop filming, while Hui's colleague, Senior Sergeant Lam King-nin, accused the pair of making secret videos of them patrolling the area.

Chau last August 11 pinned to the ground by police

In addition, video clips that other journalists had taken at the scene showed Hui subduing Chau by kneeling on her back and forcefully pressing her against a wall.

In explaining his actions in court, Hui denied intercepting the pair over the filming, and said he did not mind being videotaped. He claimed he was simply trying to persuade Chau and Lao to leave the scene, fearing they might encounter a group of men, believed to be from Fujian, after hearing some of them curse the duo.

Lam backed up his subordinate's remarks, adding he had not seen the constable treating Chau roughly.

Eastern Court Magistrate Stanley Ho Chun-yiu said the officers involved had been dishonest.

"The two officers' testimonies are unreasonable and artificial. When they were cross-examined, they made up the facts and tried to cover a lie with another lie. They were not honest and reliable witnesses," he said.

Video screen shot of Constable Hui King-yiu that night

Ruling in favour of the defendants, Ho dismissed the officers' testimonies as "descriptions of a parallel universe", pointing to the footage played at the trial in which the two defendants and others visible appeared peaceful and non-aggressive.

"It is difficult to understand [the officers' testimonies]. There was no persuasion whatsoever. If the officers emphasized so much that they did not mind being filmed, then where did the criticism [of the filming] come from?" Ho said.

In addition, the magistrate found it unreasonable for the officers to focus on the two defendants rather than focus on dispersing the crowd.

"As police officers, shouldn't they stop these people who may cause a conflict, instead of intercepting some young people who have not done anything improper?" he asked.

Ho also criticized Constable Hui for using "absolutely unnecessary" force against Chau, before ordering prosecutors to bear the defendants' legal costs.

The magistrate says Hui used "absolutely unnecessary" force

Outside the court after the verdict, Chau said she and her lawyers would discuss the possibility of taking legal action against the constable, including launching private prosecution proceedings.

It's interesting the magistrate did not charge the two officers for perjury! One would expect anyone in a courtroom to speak the truth.
 It is outrageous that prosecutors wasted everyone's time and effort in presenting such a flimsy case when there was so much video footage that did not match with the officers' testimonies.

Did they think they could get away with making up what they did that night? It just shows their contempt for the law.

Thankfully the magistrate saw through it, and with the damning video footage, his verdict was clear-cut.