Forwarded from 📡Guardians of Hong Kong
#Court #LegalTerrorism
Barrister Worries National Security Law’s Imprisonment Before conviction: ‘To be released on bail is basic human rights’
The Hong Kong judicial system has been adhering to the principle of presumption of innocence, in which a defendant is innocent before conviction and should not be imprisoned unless there is sufficient reason to do so.
However, Jimmy Lai, founder of Apple Daily, who was charged by the police for fraud, as well as several defendants in cases related to the National Security Law were all denied bail by appointed judges and are imprisoned without trial.
A barrister worried that if the defendants whom the prosecution alleges are involved in a national security case will be denied bail, citizens will question whether the court has been reduced to merely symbolic.
Human rights organizations have also been heavily criticizing that these imprisonment before conviction are a serious violation of human rights.
The National Security appointed judge, Chief Magistrate Victor So denied Jimmy Lai’s application for bail. Lai will be remanded in custody until April 2021, which means he will be imprisoned for at least 4 months.
The senior officers of Next Digital, Chow Tat Kuen and Wong Wai Keung who were also charged with fraud were granted bail.
Source: Apple Daily #Dec4
https://hk.appledaily.com/local/20201204/B34MREBSERBMDJE7FMX42JAAWM/
#NationalSecurityLaw #FreeJimmy #JimmyLai #Judge #Injustice #Bail
Barrister Worries National Security Law’s Imprisonment Before conviction: ‘To be released on bail is basic human rights’
The Hong Kong judicial system has been adhering to the principle of presumption of innocence, in which a defendant is innocent before conviction and should not be imprisoned unless there is sufficient reason to do so.
However, Jimmy Lai, founder of Apple Daily, who was charged by the police for fraud, as well as several defendants in cases related to the National Security Law were all denied bail by appointed judges and are imprisoned without trial.
A barrister worried that if the defendants whom the prosecution alleges are involved in a national security case will be denied bail, citizens will question whether the court has been reduced to merely symbolic.
Human rights organizations have also been heavily criticizing that these imprisonment before conviction are a serious violation of human rights.
The National Security appointed judge, Chief Magistrate Victor So denied Jimmy Lai’s application for bail. Lai will be remanded in custody until April 2021, which means he will be imprisoned for at least 4 months.
The senior officers of Next Digital, Chow Tat Kuen and Wong Wai Keung who were also charged with fraud were granted bail.
Source: Apple Daily #Dec4
https://hk.appledaily.com/local/20201204/B34MREBSERBMDJE7FMX42JAAWM/
#NationalSecurityLaw #FreeJimmy #JimmyLai #Judge #Injustice #Bail
Forwarded from 📡Guardians of Hong Kong
#Court #PoliticalOppression
3-Year #Backlog of Court Cases Mean Hong Kong Protesters may be "Jailed for Nothing", Says Concerned Barrister
Hong Kong's courts are experiencing a large backlog of protest-related cases, with some trials scheduled as late as 2024.
The riot case against pro-democracy protesters entering into the Legislative Council (#LegCo) chambers on July 1, 2019, which had its first hearing last week, is scheduled for trial in May 2023, more than 2 years later.
An anonymous barrister pointed out that the jail terms handed out for recent riot cases are 4 to 5 years, though the sentences are often reduced to around 3 years for good behavior in prison.
Time spent in custody while awaiting trial also counts toward time served, therefore some of the accused may have already served their sentences by the time the court has found them guilty. If they are found innocent, however, then "they would have been jailed for nothing these three years. We're talking three years, not a couple of months."
The situation is effectively handing down a punishment before the trial, the barrister said, and is unfair to the accused.
Though some arrestees in riot cases are released on bail, the terms include night-time curfews and prohibitions from being in certain locations, or from leaving the city.
The barrister calls the bail conditions harsh and disruptive to the lives of the accused, "as if it's meant for punishing them first." Bail conditions in other criminal cases are not nearly as numerous or complicated, he says, "I don't quite understand why riot cases nowadays need so many bail conditions."
Source: Apple Daily #Mar26
https://hk.appledaily.com/local/20210326/WWXAESVWLBCGXDRMFJYGDOCDRE/
#PoliceState #Bail #Injustice #Detention #RightToSpeedyTrial
3-Year #Backlog of Court Cases Mean Hong Kong Protesters may be "Jailed for Nothing", Says Concerned Barrister
Hong Kong's courts are experiencing a large backlog of protest-related cases, with some trials scheduled as late as 2024.
The riot case against pro-democracy protesters entering into the Legislative Council (#LegCo) chambers on July 1, 2019, which had its first hearing last week, is scheduled for trial in May 2023, more than 2 years later.
An anonymous barrister pointed out that the jail terms handed out for recent riot cases are 4 to 5 years, though the sentences are often reduced to around 3 years for good behavior in prison.
Time spent in custody while awaiting trial also counts toward time served, therefore some of the accused may have already served their sentences by the time the court has found them guilty. If they are found innocent, however, then "they would have been jailed for nothing these three years. We're talking three years, not a couple of months."
The situation is effectively handing down a punishment before the trial, the barrister said, and is unfair to the accused.
Though some arrestees in riot cases are released on bail, the terms include night-time curfews and prohibitions from being in certain locations, or from leaving the city.
The barrister calls the bail conditions harsh and disruptive to the lives of the accused, "as if it's meant for punishing them first." Bail conditions in other criminal cases are not nearly as numerous or complicated, he says, "I don't quite understand why riot cases nowadays need so many bail conditions."
Source: Apple Daily #Mar26
https://hk.appledaily.com/local/20210326/WWXAESVWLBCGXDRMFJYGDOCDRE/
#PoliceState #Bail #Injustice #Detention #RightToSpeedyTrial
Forwarded from 📡Guardians of Hong Kong
#Court #PoliticalProsecution
HK Court Denies Bail for 36 in #47Activists Case, Assigned Judge: "Five Demands" Endander NationalSecurity
Among the 47 pro-democracy activists facing allegations of “conspiracy to commit subversion” in connection with a legislative primary election in Hong Kong in 2020, 36 of them have been denied bail.
'#LongHair' Leung Kwok-hung and Jimmy Sham Tsz-kit, who are the vice-chairmen of the League of Social Democrats, were among the 36 who were denied bail.
Both of them applied for bail at Hong Kong's High Court earlier, but Judge Esther Toh Lye-ping , the designated judge of the National Security Law, refused to grant them bail and ordered to hold them back in custody.
The senior counsel Hectar Pun representing Leung and Sham pointed out that they have never advocated "Hong Kong independence", colluded with foreign forces or requested sanctions against the Chinese and Hong Kong governments, nor did they sign the "No Regrets" online statement.
Pun also said that Leung's local ties are strong, he has recently gotten married and is suffering from coronary heart disease, so the risk of absconding is low.
Moreover, Sham has always been active in the local #LGBT community, he married his partner who is also a Hong Kong resident in 2013, so Sham has no interest in leaving Hong Kong.
The judge issued her reasons on May 13, 2021, claiming there was no good reason to believe the two would not continue to act against national security.
The judge cited that the Department of Justice's arguments against bail, saying that Sham still stated he would continue to fight for the "#FiveDemands", in front of the police station upon his arrival on Feb 28, 2021. This indicated that there was no reason to believe he would not continue to endanger national security.
Source: InMedia #May13
https://bit.ly/3bqpwdh
#47Democrats #JimmySham #LeungKwokHung #Bail #PoliceState
HK Court Denies Bail for 36 in #47Activists Case, Assigned Judge: "Five Demands" Endander NationalSecurity
Among the 47 pro-democracy activists facing allegations of “conspiracy to commit subversion” in connection with a legislative primary election in Hong Kong in 2020, 36 of them have been denied bail.
'#LongHair' Leung Kwok-hung and Jimmy Sham Tsz-kit, who are the vice-chairmen of the League of Social Democrats, were among the 36 who were denied bail.
Both of them applied for bail at Hong Kong's High Court earlier, but Judge Esther Toh Lye-ping , the designated judge of the National Security Law, refused to grant them bail and ordered to hold them back in custody.
The senior counsel Hectar Pun representing Leung and Sham pointed out that they have never advocated "Hong Kong independence", colluded with foreign forces or requested sanctions against the Chinese and Hong Kong governments, nor did they sign the "No Regrets" online statement.
Pun also said that Leung's local ties are strong, he has recently gotten married and is suffering from coronary heart disease, so the risk of absconding is low.
Moreover, Sham has always been active in the local #LGBT community, he married his partner who is also a Hong Kong resident in 2013, so Sham has no interest in leaving Hong Kong.
The judge issued her reasons on May 13, 2021, claiming there was no good reason to believe the two would not continue to act against national security.
The judge cited that the Department of Justice's arguments against bail, saying that Sham still stated he would continue to fight for the "#FiveDemands", in front of the police station upon his arrival on Feb 28, 2021. This indicated that there was no reason to believe he would not continue to endanger national security.
Source: InMedia #May13
https://bit.ly/3bqpwdh
#47Democrats #JimmySham #LeungKwokHung #Bail #PoliceState