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#RulebyLaw #FailedState #1C1S
Carrie Lam Denies Separation of Powers in Hong Kong: "Power is Authorized by Beijing and Executed by the Chief Executive"

Source: InMedia; Stand News #Sept1

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https://publielectoral.lat/guardiansofhongkong/24817
#Court #Sedition
Police Charge Pro-democracy activist with Sedition for Chanting "Five Demands and Not One Less" and Other Protest Slogans

Pro-democracy activist Tam Tak-chi, deputy chairman of People Power, was mentioned in Fanling Magistrates' Court on Sept 8, 2020, after being detained for more than 50 hours.

The police arrested Tam in Tai Po at noon on Sept 6, charging him with “sedition” and "causing others to hate or despise the government" under Article 10 of the Cap. 200 Crimes Ordinance.

In court, the prosecution claimed that the following phrases incite hatred for the government and the police.

1. "Liberate Hong Kong, Revolution of Our Times"
2. "Five Demands Not One Less"
3. "Corrupt Cop, May Your Whole Family Die"
4. "Disband the Police Force"
5. "[Police] Disppeared on 7.21, Murdered on 8.31 and Shot People on 10.1"

The court refused Tam's application for bail and the next hearing will be held on November 27, 2020. Tam was sent to Lai Chi Kok Reception Centre for further detention.

One day before the court, pro-Beijing channel TVB News had already released information: it was said that Tam from the end of June to August had been disseminating "seditious materials" by running street stations, speaking via loudspeakers, and publishing on social media platforms. These messages included "Down with the Communist Party" and slogans "Liberate Hong Kong, Revolution of our Times", and calling for "sanctions against officials". The pro-Beijing news channel described his behavior as "an attempt to provoke surrounding people."

Source: Stand News #Sept7 ;
Apple Daily #Sept8
https://www.facebook.com/710476795704610/posts/3434549639963965/

https://hk.appledaily.com/local/20200908/U7AJ64X7WVDFVEUQDA2RQD5GDI/

#WhiteTerror #Censorship #RulebyLaw #FreeSpeech #TamTakChi
#Save12 #BringThemBack
China Informs 12 Hong Kong Youths' Families of Their Trial Only 3 Days Prior on Christmas Day

On the Christmas Day of 2020, the families of the 12 pro-democracy Hongkongers detained in China not only could not see their loved ones; seven families also received a last-minute notice from the lawyers appointed by the Chinese Government that the trial of ten of the 12 Hongkongers would take place on Dec 28, 2020, which was in less than 3 days including the public holidays.

Among the 12 Hongkongers detained by the Chinese authorities since August 2020, ten of them will face trial on Dec 28, 2020 at the Yantian Court in China, but only seven families received such a notice.

The Chinese court told the media that it belonged to a "secret case" and no public and media would be allowed to audit. The trial is also not listed in the timetable of the Yantian People's Court.

The #Save12HKYouths Concern Group released a statement on Dec 25, 2020, demanding the delivery of confirmed, open and clear information of the trials of the 12 Hongkongers. They also demanded the presence of their families, the lawyers hired by their families, Hong Kong and international media and diplomats from different countries to be allowed in court.

The families also demanded the Chinese authorities to allow them to pay the prison a visit, were the detained Hongkongers to be sentenced; and the HKSAR government to send representatives to make sure the civil rights of the Hongkongers could be protected.

Source: Save 12 HK Youths Concern Group #Dec25

#HumanitarianCrisis #ChineseCourt #RulebyLaw #Christmas2020
#Court #RulebyLaw
Catch-22: Authority Rejects Reference Books Sent to Activist Lawyer Detained for Subversion, Due to Content about Subversion

Tonyee #ChowHangTung, the former vice-chairperson of Hong Kong Alliance in Support of Patriotic Democratic Movements of China (#HKASPDMC), is in detention on charges of inciting subversion of state power. A lawyer by trade, she intends to represent herself in her upcoming trial, and is preparing her own defense while in custody.

In an article on her Patreon published on October 23, she mentioned that her relatives and friends recently tried to send books about the late activist Szeto Wah and the Tiananmen Massacre in 1989, but the Hong Kong Correctional Services (#HKCS) rejected them.

(Editor's note: Szeto Wah was the founder of the Hong Kong Alliance (#HKA) and was one of the most influential activists in Hong Kong who worked for decades to establish, preserve and protect Hong Kong people's democratic institutions, freedom and human rights.)

One of the books, she quoted an HKCS staff, "mentions behaviours of subverting state power". The decision could not be appealed, the staff added.

Chow questions whether the HKCS had assumed the role of the judge, making a fair trial impossible. The books are reference materials for her to prepare for her own defense in the trial, she said.

"If I can't have access to information about the Alliance and the June 4th incident, I would have no chance to find evidence to refute these accusations."

The Correctional Services have set up a perfect catch-22, she said of the arrangement. "This would guarantee the prosecution a win."

Source: Stand News #Oct23
https://thestandnews.page.link/Xwr8mUcpXtD6Q2MGA

#TonyeeChow #NSL #PrisonerRights #HongKongAlliance #HKASPDMC #June4th #TiananmenMassacre #SzetoWah
#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