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
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
法庭線 The Witness
羊村繪本案｜5人罪成判囚1年7月 料下月刑滿 楊逸意親陳詞：冇後悔企喺羊嗰方 - 法庭線 The Witness
首被告黎雯齡及楊逸意早上解聘法律代表，親自陳詞。黎雯齡表示，希望分享 5 日審訊、還押 13 個月的反思及體會。她指，控方引用極端恐怖份子為例，認為言論自由不能夠牴觸國家安全，惟她質疑「有限制嘅自由係咪自由呢？」
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
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
法庭線 The Witness
羊村繪本案｜5人罪成判囚1年7月 料下月刑滿 楊逸意親陳詞：冇後悔企喺羊嗰方 - 法庭線 The Witness
首被告黎雯齡及楊逸意早上解聘法律代表，親自陳詞。黎雯齡表示，希望分享 5 日審訊、還押 13 個月的反思及體會。她指，控方引用極端恐怖份子為例，認為言論自由不能夠牴觸國家安全，惟她質疑「有限制嘅自由係咪自由呢？」
#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
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
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
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
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
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
同文 Commons
一國兩制已死 美國國會議員提出法案 終結香港駐美經貿辦 將中共喉舌趕出美國 | 國際新聞 | 同文 Commons
自 2020 年香港實施《國安法》，美國宣布不再承認香港自治權，一國兩制形同死亡。昨 12 月 15 日，美國國會共和黨參議員 Marco Rubio 及共和黨眾議員 Chris Smith 宣布將共同提出《香港經濟貿易辦事處認證法案》（ Hong Kong Economic and Trade Office
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
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
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
Read more
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Source: Lester Shum Facebook; #Jun12
#LesterShum #NationalSecurityLaw #NSL #Birthday
Read more
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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
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
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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.
Source: The Witness; #Jun16
#HongKong #Japan #NSL #NationalSecurityPolice #Student
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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
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
法庭線 The Witness
留日23歲港生被控煽動 官准保釋禁離港、設多項條件 辯方爭議裁院無權處理 - 法庭線 The Witness
辯方大律師高麟提出 3 項法律爭議點，爭議裁判法院有否司法管轄權處理本案；又爭議「域外法權」及時限性，指涉案大部分帖文均在境外發布，而帖文最後發布日期為 2022 年 5 月 14 日，超出煽動罪的 6 個月檢控期限。
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
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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Source: inmediahk; #Jul10
#HKPF #Homelesss #NationalSecurityLaw #NSL
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Hong Kong Police Harasses vulnerable Homeless Voicing Their Concerns
In the last nine years, the number of homeless in Hong Kong has surged by over 2.5 times, according to recent statistics from the Social Welfare Department. Shockingly, the government's provision of subsidized accommodation has failed to keep up with this rapid increase in the homeless population. This pressing issue came under discussion session of the Legislative Council's Welfare Services Panel on 10 July.
Before the meeting, a group of concerned citizens, including homeless individuals, gathered to petition, urging the government to adopt a more compassionate approach towards the homeless. However, the petition saw only seven participants, and the event was closely monitored by nearly ten uniformed and plainclothes police officers, raising concerns among the advocates.
Following the petition, a representative from the advocacy group was approached by the police and subjected to a lengthy reminder about the rules governing public assembly under the National Security Law, lasting almost a minute and a half.
Expressing dismay, the representative lamented, "As homeless, we are already facing hardships imposed by the government. We simply don't have the time or resources to pose a threat national security."
Source: inmediahk; #Jul10
#HKPF #Homelesss #NationalSecurityLaw #NSL
https://bit.ly/3O4xsnh
In the last nine years, the number of homeless in Hong Kong has surged by over 2.5 times, according to recent statistics from the Social Welfare Department. Shockingly, the government's provision of subsidized accommodation has failed to keep up with this rapid increase in the homeless population. This pressing issue came under discussion session of the Legislative Council's Welfare Services Panel on 10 July.
Before the meeting, a group of concerned citizens, including homeless individuals, gathered to petition, urging the government to adopt a more compassionate approach towards the homeless. However, the petition saw only seven participants, and the event was closely monitored by nearly ten uniformed and plainclothes police officers, raising concerns among the advocates.
Following the petition, a representative from the advocacy group was approached by the police and subjected to a lengthy reminder about the rules governing public assembly under the National Security Law, lasting almost a minute and a half.
Expressing dismay, the representative lamented, "As homeless, we are already facing hardships imposed by the government. We simply don't have the time or resources to pose a threat national security."
Source: inmediahk; #Jul10
#HKPF #Homelesss #NationalSecurityLaw #NSL
https://bit.ly/3O4xsnh
HK Authorities continue Exploiting National Security to Erode Media Neutrality
Source: Inmediahk; #Jul17
#OCFA #NationalSecurityLaw #NSL
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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
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