Forwarded from 📡Guardians of Hong Kong
Teenager With laser pen convicted of "possession of offensive weapons” After the Judge changed the Charge
A 15-year-old boy having carried a laser pen with him is convicted after the magistrate replaced the original charge with a more serious one: He is originally accused of possessing "any instrument fit for unlawful purposes, with intent to use the same for unlawful purposes” (Cap. 228) and now convicted of "possession of offensive weapons”.
The ruling has shocked many: Lawmaker and lawyer James TO Kun-sun is worried about the consequence of the case in furthering police abuse of power.
The magistrate ruled the case considering the defendant’s possible intention to point laser pen at policemen or others. James TO indicated that it is unreasonable of the court to deduce the defendant’s intent just by the possession of objects like helmets and gloves.
Source: The Stand News, Nov 7 http://bit.ly/32oHWnl
#CourtCase #HongKongLaw #RuleofLaw #HongkongPolice #HongKongProtests
A 15-year-old boy having carried a laser pen with him is convicted after the magistrate replaced the original charge with a more serious one: He is originally accused of possessing "any instrument fit for unlawful purposes, with intent to use the same for unlawful purposes” (Cap. 228) and now convicted of "possession of offensive weapons”.
The ruling has shocked many: Lawmaker and lawyer James TO Kun-sun is worried about the consequence of the case in furthering police abuse of power.
The magistrate ruled the case considering the defendant’s possible intention to point laser pen at policemen or others. James TO indicated that it is unreasonable of the court to deduce the defendant’s intent just by the possession of objects like helmets and gloves.
Source: The Stand News, Nov 7 http://bit.ly/32oHWnl
#CourtCase #HongKongLaw #RuleofLaw #HongkongPolice #HongKongProtests
Forwarded from ⚠️Anti-Extradition Promo Channel⚠️
Forwarded from 📡Guardians of Hong Kong
#Court #RuleofLaw #MassArrest
Barrister Margret Ng After Arrest: When the Rule of Law is Endangered, Will the Legal Professionals Walk Out or Stand and Fight?
Former legislator and barrister Margret Ng spoke to the press as she walked out of the Central Police Station in the evening of April 17. She was arrested by the police with more than ten pro-democracy figures.
Ng, aged 72, said it was her first time being arrested and it is important to reflect on whether human rights are respected in the existing public order ordinance.
When asked to comment on the rule of law in Hong Kong, Ng expressed that it has never been easy to safeguard the rule of law, since she practiced law.
Rather than arguing for the death of rule of law or not, Ng believes that what matters the most is whether the legal professionals are willing to "walk out or stand and fight".
Source: Stand News #Apr18
#MargretNg Brings China's National Security: Endangering Hong Kong's Rule of Law?
https://publielectoral.lat/guardiansofhongkong/19598
Barrister Margret Ng After Arrest: When the Rule of Law is Endangered, Will the Legal Professionals Walk Out or Stand and Fight?
Former legislator and barrister Margret Ng spoke to the press as she walked out of the Central Police Station in the evening of April 17. She was arrested by the police with more than ten pro-democracy figures.
Ng, aged 72, said it was her first time being arrested and it is important to reflect on whether human rights are respected in the existing public order ordinance.
When asked to comment on the rule of law in Hong Kong, Ng expressed that it has never been easy to safeguard the rule of law, since she practiced law.
Rather than arguing for the death of rule of law or not, Ng believes that what matters the most is whether the legal professionals are willing to "walk out or stand and fight".
Source: Stand News #Apr18
#MargretNg Brings China's National Security: Endangering Hong Kong's Rule of Law?
https://publielectoral.lat/guardiansofhongkong/19598
Forwarded from 📡Guardians of Hong Kong
#RuleByLaw
Hong Kong pro-democracy defendants face much heavier sentences than before 2019 protests
Since outbreak of the anti-ELAB movement in Hong Kong in 2019, over 2,000 citizens have been convicted for their involvement in pro-democracy protests.
Stand News, a local newspaper consolidated relevant public data from June 2019 through November 2021, which showed a total of 34 people being charged over "behaving in disorderly manner in public places".
Among them, 8 (24%) were accused of obstructing road; another 8 (24%) being charged over hurling objects, while the remaining 18 (52%) were found guilty for making noises (swearling, chanting protest slogans, or hurling insults at Hong Kong Police). These cases saw a high conviction rate exceeding 60%.
With regards to sentencing, a large proportion of nearly 60% (12 people) of those being convicted were imprisoned for a period ranging from 3 weeks to 7 months.
Another 5% of the defendants were sent to the Correctional Services' training centers. The rest faced lighter penalties such as signing bind-over orders for conduct and probation (14%); and community service orders (24%).
In comparison, most convicts in cases of similar nature in the past were not sentenced to jail.
A legal professional group in Hong Kong explained that in the past, only some defendants with criminal records would likely be put behind bars.
However, in recent cases, even first offenders are often imprisoned.
The group added that this showed the court's intention to deploy heavier penalties against defendants from the pro-democracy movement, particularly for cases under Public Order Ordinance, as deterrence.
#RuleofLaw #RuleByLaw #PoliceState #FailedState
Source: Stand News, #Nov14
https://thestandnews.page.link/kZ66FKVG9sBLL9pA6
Hong Kong pro-democracy defendants face much heavier sentences than before 2019 protests
Since outbreak of the anti-ELAB movement in Hong Kong in 2019, over 2,000 citizens have been convicted for their involvement in pro-democracy protests.
Stand News, a local newspaper consolidated relevant public data from June 2019 through November 2021, which showed a total of 34 people being charged over "behaving in disorderly manner in public places".
Among them, 8 (24%) were accused of obstructing road; another 8 (24%) being charged over hurling objects, while the remaining 18 (52%) were found guilty for making noises (swearling, chanting protest slogans, or hurling insults at Hong Kong Police). These cases saw a high conviction rate exceeding 60%.
With regards to sentencing, a large proportion of nearly 60% (12 people) of those being convicted were imprisoned for a period ranging from 3 weeks to 7 months.
Another 5% of the defendants were sent to the Correctional Services' training centers. The rest faced lighter penalties such as signing bind-over orders for conduct and probation (14%); and community service orders (24%).
In comparison, most convicts in cases of similar nature in the past were not sentenced to jail.
A legal professional group in Hong Kong explained that in the past, only some defendants with criminal records would likely be put behind bars.
However, in recent cases, even first offenders are often imprisoned.
The group added that this showed the court's intention to deploy heavier penalties against defendants from the pro-democracy movement, particularly for cases under Public Order Ordinance, as deterrence.
#RuleofLaw #RuleByLaw #PoliceState #FailedState
Source: Stand News, #Nov14
https://thestandnews.page.link/kZ66FKVG9sBLL9pA6
Forwarded from 📡Guardians of Hong Kong
Multinationals turn away from Hong Kong for dispute resolution
Concerns over the rule of law are threatening Hong Kong's ambitions to become a hub for corporate arbitration, according to lawyers, stoking the appeal of regional rival Singapore for many multinationals.
The Chinese city still handles hundreds of arbitration cases each year. However, companies drafting new contracts are increasingly choosing places other than Hong Kong as the location for arbitration, a dozen lawyers and corporate advisers in Hong Kong, Singapore and London told Nikkei Asia.
Cross-border commercial contracts must specify a location for handling arbitration cases should they arise. Judicial independence and whether arbitral awards are readily enforceable are key factors in making that selection.
source: Nikkei Asia #Jun08
https://asia.nikkei.com/Spotlight/Hong-Kong-security-law/Multinationals-turn-away-from-Hong-Kong-for-dispute-resolution
#RuleOfLaw #HongKong #Arbitration #Dispute #Singapore #London
Concerns over the rule of law are threatening Hong Kong's ambitions to become a hub for corporate arbitration, according to lawyers, stoking the appeal of regional rival Singapore for many multinationals.
The Chinese city still handles hundreds of arbitration cases each year. However, companies drafting new contracts are increasingly choosing places other than Hong Kong as the location for arbitration, a dozen lawyers and corporate advisers in Hong Kong, Singapore and London told Nikkei Asia.
Cross-border commercial contracts must specify a location for handling arbitration cases should they arise. Judicial independence and whether arbitral awards are readily enforceable are key factors in making that selection.
source: Nikkei Asia #Jun08
https://asia.nikkei.com/Spotlight/Hong-Kong-security-law/Multinationals-turn-away-from-Hong-Kong-for-dispute-resolution
#RuleOfLaw #HongKong #Arbitration #Dispute #Singapore #London