Eric Yan-ho Lai 黎恩灝
@laiyanhoeric
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Research Fellow @GeorgetownCAL | PhD @SOAS | Associate Fellow @SurreyPolitics | Law, Governance & Human Rights in HK&PRC| RTs=/endorsem’t
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Finally launched! My new book,'Resistance through the Cracks: Understanding
#HK
‘s Rule by Law and
#Resistance
in the
#Courtroom
in Comparative Perspective' [在夾縫中抵抗:從依法治國與司法抗爭的比較經驗看香港] is available for sale now! Info. & order here:
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11 years ago, as my student union folks and I insisted, the New Goddess of Democracy was installed in
#CUHK
campus with estimated 2000 students and citizens witnessing, amid the school management’s rejection. It then became a landmark of students’ protest events and of the uni.
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33 years ago, more than 1.5 million
#Hongkong
citizens rallied to support the 1989
#Tiananmen
Student Movement after a martial law was imposed by the
#CCP
in Beijing.This rally campaign was held in different locations around the world too. See archives below:
#JuneFourth
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833
What are the consequences of the verdict of Tong Ying Kit’s case? First of all, it sets a dangerous precedent of unfair trial, given the pre-trial settings of designated judges by the Chief Executive, removal of jury trial and year-long pre-trial detention….
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A friend found that Peter Law, the presiding judge of the mention of
@zouxingtong
@ahyanlee
, Albert Ho and the
#Hongkong
Alliance
@hka8964
today, signed a petition in support for the
#Tiananmen
student movement in 1989 as well as opposing any violent repression at that time.
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Outrageous. MA Chun Man, who just chanted slogans publicly, is sentenced to 5 years and 9 months of jail. The sentence is far tougher than anyone being charged for rioting in 2019. The heaviest sentence given to a 2019 protestor was a jail sentence of 5 years and 8 months.
#HK
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#Korea
has an extradition agreement with
#HK
, so the HK govt can request extradition of the Korean officer who played that protest song in the Asian ruby game as breaking the
#NationalSecurityLaw
.
#Extraterritoriality
and
#extradition
deal matter now.
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10 Things You Need to Know about the 2021
#LegislativeCouncil
#Elections
in
#HongKong
1/ Candidates are Chosen by the Authorities: All candidates were approved by the state-led Candidate Eligibility Review Committee on the basis of reports by national security police…
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They removed the Pillar of Shame in
#HKU
.They are removing the scripture of Tiananmen Massacre in
#LingnanUniversity
.Soon the fate of the New Goddess of Democracy in
#CUHK
, and all displays about
#JuneFourth
will be removed. But we lose only if we remove what’s within our hearts.
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An in-depth report on the denial of bail in national security cases of
#HK
by
@BBCWorld
@BBCNews
. As we observed, a system of de facto long-term detention without trial has been created, and is designed to break the will of those accused.
@SamuelBickett
:
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World-renowned rights defender held again in Hong Kong clampdown | News | Law Gazette
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1/ A 9-year jail sentence is imposed to Tong Ying Kit, despite the fact that he had been detained more than one year before the verdict. The implication of this sentence goes beyond its length as follows…
#HongKong
#NationalSecurityLaw
#TongYingKit
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In the past, the
#HK
Alliance installed a gravestone: “Martyrs of Democracy Stands Forever” in the
#TiananmenMassacre
#vigil
. Now, people in HK can only commemorate them subtly and discreetly. (photo was taken by anonymous photographer in 2014)
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#HK
's new s-
#election
system and the
#NationalSecurityLaw
are intertwined to criminalising, punishing and cracking down on opposition voices within and outside the political establishment of
#HK
. First protestors, then political figures, lawmakers, unionist, and now the
#Press
.
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Repost: we will not forget our history of resistance for democracy.
33 years ago, more than 1.5 million
#Hongkong
citizens rallied to support the 1989
#Tiananmen
Student Movement after a martial law was imposed by the
#CCP
in Beijing.This rally campaign was held in different locations around the world too. See archives below:
#JuneFourth
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1/My latest commentary on
#AgnesChow
‘s case & the implications of the rule of law in
#HongKong
today. Chow’s statement inevitably sends a message to global investors that Hong Kong’s enforcement of laws and political powers are more arbitrary than before:
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Hong Kong’s Department of Justice asks the court to adjourn the hearing of the 47 primary candidates to February 2022. It means that 33 of them will suffer from pre-trial detention for almost one year.NSL and denying bail are weapons to detain prodemocracy leaders and activists.
#初選47人案 律政司擬申押後至明年2月上庭 33人未審先囚近一年
案件將轉介至高等法院，原定今月29日進行交付程序，惟《獨媒》得悉，律政司擬以仍需時準備文件和翻譯為由，申請將案件押後至明年2月7日才提訊。
...
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The arrest of Cardinal Zen
@CardJosephZen
,
echoed the arrest of Cardinal Kung Pin-mei,who was jailed by the Communist Party as he refused to surrender to the state controlling the Church in 1950s.Many Catholic bishops were persecuted on the mainland,and now
#HK
.
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1/The resignations of Lord Hodge and Lord Reed from
#HK
’s Court of Final Appeal are respectable moves in light of the ongoing political suppressions in the city. Yet it’s uncertain whether the remaining NPJs, who are retired judges, to follow so.
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1/ This is the first time when HK government requests the Chinese authorities to interpret the National Security Law that it appears to overturn the ruling of the CFA today.
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Peace be with you in the Mid-Autumn Festival. May the warm Moon light be with our People in Hong Kong. (Credit of the pic: 阿塗)
#MidAutumnFestival2021
#MooncakeFestival
#StandWithHongKong
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This is my Alma Mater. Some students were suspended of going to school as the teachers alleged them of not respecting the flag raising ceremony as unlawful. This is
#HK
#education
. Are the teachers so patriotic or just two-face men having BNO VISAs ready?
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“So the next time you hear one of Hong Kong’s smartly produced ads touting its business-friendly credentials, remember Jimmy Lai.” Sebastien Lai on the erosion of freedoms in Hong Kong from
@TheEconomist
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1/ My latest article in
@Diplomat_APAC
- A
#HK
#pro
-democracy lawmaker
#FernandoCheung
, who protested peacefully inside the legislative chamber, is in jail because of a
#court
ruling endorsed by a U.K. judge. Link:
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In 1989,
#HK
lawyers and judges co-signed a petition to oppose the CCP’s material law against student democratic movement. Here, 4 of them are national security judges today. Peter Law Tat-chuen 羅德泉 also handles trials against the
#HongKongAlliance
and
@zouxingtong
recently.
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1/The bounty warrants against the 8 HK overseas activists shall be treated as direct sponsorship of transnational repression by providing incentives to create surveillance and intimidation against communities and financial institutions of the host countries as well as the MNCs.
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5 key takeaways from the UNHRCom’s first Concluding Observations on Hong Kong re ICCPR since the NSL was enacted. Link to the COs today: (1/x)
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1/ Here is my observations on HKSAR v Ma Chun Man (2021), which has a Chinese verdict and an English Press Summary for now: (20 tweets,beware!)
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1/If you read (1)the arrest of
#AuKaLun
,(2)the freezing of HK-based assets of
#TedHui
’s family,and (3)
#JohnLee
’s announcement of running for
#ChiefExecutiveElection
,they appear to be connected: the police are reinforcing a chilling effect in both local and overseas communities.
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1/
#MingPaoDaily
in
#HK
counted 27 judges who handled national security cases in the past two years, but the HK govt refuses to confirm all of them as NSL judges. The lack of coherent official info is a problem. (pic draws from its website) Link:
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1/Today’s a public holiday in
#HK
.
#MingPao
has a feature on the sentencing of peaceful rally participants during
#2019protests
. I was interviewed to comment on the weaponisation of laws and courts to suppress nonviolent protests in the city. Link:
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Our briefing paper of the first Hong Kong National Security verdict is out: The Tong Ying-Kit NSL Verdict: An International and Comparative Law Analysis.
@GeorgetownCAL
@GeorgetownLaw
@tom_kellogg
Full text: Find our summary in this thread:
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Dear friends, my first Chinese book is published in Taiwan, titled “Unravelling Authoritarian Rule of Law in Hong Kong”. This is my recollection of Hong Kong’s rule of law and anti-authoritarian movement since 2014. Order:
#HK
#RuleOfLaw
#Democracy
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Finally
@Mayer_Brown
ceased to represent HKU on this politicized legal action. It tells the world that
#HKU
is taking political measure to suppress symbols of dissent in campus with a cover of legal technicality. Yet, it won’t work at all.
#HK
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The unwanted experience of Bickett cannot be explained without the power abuse and failed accountability of the law enforcement in the 2019 protests. As I suggested in this interview, overall, the police are not punished for abusing their powers.
#HongKong
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A disappointing verdict that Tong Ying Kit is convicted of inciting secession and commuting act of terrorism. Judges follows almost the same line with the government on the slogan “Liberate HK, Revolution of Our Times”…
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The verdict of HKSAR v Ma Chun Man, aka the 2nd
#NationalSecurityLaw
trial in
#Hongkong
,is expected to be given today. Ma’s case is indeed the 1st
#NSL
case that involves solely
#SpeechCrime
of incitement & that the defendant at first brought
#humanrights
arguments to the court.
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It is always important not to lose hope. Students and alumni of
#CUHK
are commemorating the removal of the New Goddess of Democracy, and of the memory of
#TiananmenCrackdown
in
#HK
. Both the images of the statue and this candlelight symbol need to be preserved.
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1/My new opinion article in the Diplomat, on the national security trial against 47 opposition figures next Monday (6 Feb). I thank the editors' title: HK’s legal prosecution of opposition figures puts it in the company of authoritarian regimes worldwide.
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I am happy to share with you the latest briefing paper on Hong Kong's National Security Law and the Right to Fair Trial, published by our Center for Asian Law at
@GeorgetownLaw
:
#Hongkong
#NationalSecurityLaw
#FairTrial
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Irony: a week ago, Beijing released a White Paper on Hong King’s democracy and criticised the British colonial govt for using seditious laws to punish media outlets. Now the
#HK
govt is using the same law to charge Jimmy Lai and the staff of Apple Daily.
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(1) Another sad evidence of Hong Kong government practising reprisals against citizens exercising free speech abroad and returning to their hometown. What is more absurd is that they charge her with committing sedition that has no long-arm effect.
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Given TUNG Chee-hwa and CY LEUNG ‘s top position in Beijing and given China’s new economic and social policy direction, they shall share what they own with the people in mainland China for the “3rd Round of Redistribution”. #三次分配 Don’t you agree?
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1/Tony Chung is sentenced to a total of 43 months in jail for secession and money laundering after 25% reduction as he pleaded guilty.Chung's sentence, who is lighter than the previous NSL defendants who didn't plead guilty, would set an example to following NSL defendants.
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Wow. The
#HK
govt condemns the Office of the UN High Commissioner for
#HumanRights
, after the latter posted a tweet yesterday urging the HK authorities to release anyone detained for
#FreeExpression
and
#FreePeacefulAssembly
. Will it increase
#China
's reputation in the
#UN
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1/n My last Op-Ed in Ming Pao 明報
@mingpaocom
today. I was told by the editor that my column ends today as they will “change the layout” (改版）of the newspaper. 黎恩灝：告別支聯會 兼駁周永新
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This is very alarming. The Hong Kong government can simply bar any BNO holders from travelling abroad out of the cause of national security.
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1/ The
#HKG
will announce the commencement of consultation of Article 23 legislation tomorrow, despite the use of the NSL has almost empowered the gov to take full control of HK society. Here I forecast some key issues of A23 legislation ahead of the official press con:
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It is a powerful image produced by
@HongKongCTU
. Let us not forget the people power of Hong Kong in the previous 32 years. We are the Light of the World. Darkness cannot prevail.
#JuneFourth
#Justice
#Memory
#Democracy
#Freedom
#Hongkong
#China
.
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#HK
used to be a City of the largest annual commemoration vigil of the
#JuneFourthMassacre
in the world. Now it’s over.But people continue to seek truth and justice. In Norway, the Pillar of Shame is reinstalled for the deceased in
#Tiananmen
of 1989 and for
@zouxingtong
’s trial.
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An important report by
@XinqiSu
and
@holmeschan_
on
#HK
's national security cases. Barristers concern how their clients are being treated. I also worry that lengthy pre-trial proceedings "have generated precedent-setting decisions without public scrutiny"
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Last but not the least, prosecutors and judges can now take advantage of this verdict to justify charges of promoting seditious speech against citizens and activists who merely chanted or displayed the same slogan, which would go against international standard of free expression
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Thank you
@Diplomat_APAC
for publishing my recent reflections on Hong Kong’s legal repression. Instead of using the more provocative national security law, Hong Kong is also turning to colonial-era ordinances to crack down on free speech.
@GeorgetownCAL
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A very detailed report of the whole judicial process of Tong Ying Kit’s case by
@WilliamYang120
, and my honour to be in this report with
@chungchingkwong
to highlight the implications of this trial to Hong Kong’s future.
@Independent
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My latest analysis on
#HK
’s legal amendments that restrict overseas lawyers to handle local cases due to safeguarding
#NationalSecurity
. The HK govt wants to promote the city’s economic attraction, but what they are doing is just breaking the
#RuleOfLaw
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Third, the judges see Tong’s act of driving as serious violence and intimidation for pursuing his political agenda, and this constituted act of terrorism. It implies that once dangerous driving is accompanied with political slogan, one can be charged with terrorism…
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Sources said Catholic Cardinal Zen and other founders of the 612 Fund in
#Hongkong
are arrested. One of them was arrested last night, allegedly colluding with foreign forces. Cardinal Zen,the Emeritus Bishop of HK, like other cardinals, is a prince of the
#HolySee
.
On top of Hui Po Keung and Margaret Ng, it now appears that ex-legislator Cyd Ho, singer
@hoccgoomusic
and, most significantly from a China-Vatican standpoint,
@CardJosephZen
have also been arrested by
#HongKong
National Security Police.
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Second, judges are in line with the government press statement a year ago, stressing the chanting of the slogan “Liberate Hong Kong, Revolution of Our Times” , and with the police arresting citizens for just displaying the slogan as seditious speech…
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1/
#HK
’s former prodemocracy lawmaker
@FernandoCheung2
is sentenced to jail for 3 weeks,as he is convicted of legislative contempt by standing before the chairperson and chanting “Starry Lee ultra vires” for 44 minutes.He was eventually dislodged,and later on arrested by police.
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Thanks
@theodorayuhk
for this timely report re
#HK
court injunction hearing. My take is clear: the government wants to use the courts as a form of political oppression. The credibility of the court and the public interests are at stake.
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1/Strongly recommend everyone to read the transcript of
@UKSupremeCourt
Lord Reed's comment on his resignation from HK's Court of Final Appeal. Powerful and humble response to the legal compradors in
#HK
:
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The court treats public speeches that endanger national security as a crime of serious nature now. Free expression is gone in
#HK
, the court's commitment to international human rights law vanishes.
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I am not a football fan. So I know little about
#Messi
. But I remember a few years ago, news reports said Messi signed his name on his portrait, attempting to deliver it to the prison where
#NobelPeacePrize
winner
#LiuXiaobo
lost his freedom and his life:
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Glad to see many media outlets are reporting the significance of the upcoming 47 opposition figures’ trial regarding the pro democracy camp’s primaries. Detailed report in the Washington Post with my comments on the implications of this trial:
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Finally I can get the paperback of this timely reader. With a wonderful cover.
#CivilResistance
#EricaChenoweth
#Hongkong
#UmbrellaMovement
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How to tell a “good”
#HK
story? Arrest a women unionist a day after the
#InternationalWomenDay
and after she visited her husband being charged with inciting subversion under the NSL. Let’s see what would happen next.
Beijing-affiliated Wen Wei Po was right there to have photos and video when Tang was arrested. In the video, Tang showed a very brief smile.
Tang is herself a veteran unionist who had been advocating for labour rights for four decades. She recently returned to HK, source said.
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Thank you
@Diplomat_APAC
for publishing my opinion on the
#UN
HRCom’s concluding observations of
#HK
timely.The Committee’s call to repeal the
#NSL
got the most press,but its disapproval of the
#CFA
rulings is also important.
@UNHumanRights
read:
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1/This is not a post for self-promotion: back in August 2021, I wrote an opinion on
#HK
's foreign judges at my regular column in
#MingPao
. Then my column was chopped a month after. Today, you can't find any public voice supporting the departure of foreign judges in local news.
1/N My Op-Ed in
@mingpaocom
today. Although
@UKSupremeCourt
decided to remain sending judges to HK, the public should not neglect FIVE concerns of the foreign judges in HK, Link: 黎恩灝：海外法官續來港 公眾要思考5件事
#HK
#RuleOfLaw
#DualState
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1/The local top court shares a responsibility of endorsing sedition law in Hong Kong. In HKSAR v Lai Chee Ying (FACC no.1/2021), the Court of Final Appeal affirms acts endangering national security are covered in the sedition offences under Crimes Ordinance (para.53/fn.40)
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1/It becomes a pattern that activists under police surveillance in Hong Kong could be pressured by the govt to demonstrate patriotism, infiltrate into activist circles, as ways of breaking trusts among the people and reengineering Hong Kong’s social fabric and mainstream values.
NEW: Tony Chung, a pro-Hong Kong independence activist who finished his National Security Law sentence, has arrived in UK to seek asylum. He told me that after prison, the police demanded he be a source to provide information about other activists.
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Others including the now Chief Justice Andrew Cheung and NSL designated judges Anderson Chow and Jeremy Poon. If they are designated to try these cases, their belief and support for the Tiananmen Student Movement are tried as well.
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You can find the official English version of the letter of farewell by.
@hkcnews_com
in its Facebook Page:
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1/
@GeorgetownCAL
report on the Anti-ELAB protest trials is launch now!By analysing nearly 1.6k counts of charge, and encompassed 800+ criminal cases concluded between 2019 and 2021, we found basic human rights violations against defendants, espc. minors :
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The Hong Kong prosecution is warning the world leaders and diplomats to keep silent on repressions in HK, otherwise the court will deny bail of the human rights defenders in this city. Typical part of the hostage diplomacy. Don’t tell me law is separate from politics.
#Hongkong
Wow. Prosecutors successful submission for denying bail to Cheung Kim-hung, former CEO of Next Digital (Apple Daily) on trial in Hong Kong for violating the national security law, cite comments/statements from foreign figures, namely
@DominicRaab
@StateDept
@BenSasse
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#JimmyLai
trial is the first national security trial on foreign collusion in
#HK
. As I said, the issues of
#PressFreedom
,
#FreeExpressions
and
#FreePoliticalParticipation
, even overseas, would be tried. Thanks
#AP
for reporting.
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My view in East Asian Forum today: 'Judicial repression becomes the norm in Hong Kong'. The title is self-explanatory. And today, Cardinal Zen and the five members of a humanitarian aid will continue their trial, whereas the Hong Kong Alliance's as well.
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Sadly,
#WhenACityRises
will never be screens in today’s Hong Kong. It has been screened in a number of liberal Democratic states. Must watch, like other excellent documentaries about
#HKprotests
.
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Ming Pao today: Prior to
#FCC
's announcement, Keith Richburg informed the office of the
#PRC
foreign ministry commissioner in
#HK
about the decision to cancel the
#HumanRightPressAwards
in a zoom meeting. Does the FCC defend press freedom in this way?Is this an individual case?
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To defend future cases of sedition, one way would be the emphasis of protecting free expression, if those cases did not incite imminent violence, according to Johannesburg Principle. Yet, are judges rights defenders? We feel quite hopeless again.
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2/ Dozens of former election candidates are captured in pre-trial detention: Let’s not forget that this election should have been held last year, after the citywide pro-democracy’s primary election with more than 610,000 citizens casting ballots…
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Providing humanitarian aid as an alleged act of “inciting riot”? The
#HK
national security regime continues to rewrite the city’s protest memory and history by using the national security law and ignoring all non-violent and solidarity efforts of millions of the people in HK.
#BREAKING
HK nat sec police confirmed arrest of 4 men and 6 women, aged 26 to 43, over suspicion of “collusion” and “inciting riots”.
The force alleged the group of colluding with the defunct 612 Humanitarian Relief Fund to receive overseas donations and support fugitives …
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So they arrested Koo in the name of national security law, and then charge him with the sedition law. They have a toolbox to play: when the opening ceremony of the Winter Olympic was over, they charge him with sth less visible to international media.
【即時】(10:35) 昨日被捕的古思堯，遭警方落案控告《刑事罪行條例》第10條「企圖作出或準備作出據煽動意圖的行為」罪，將於今早在九龍城裁判法院提堂。
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Note: these ppl are not interested in the trial. A common tactic in China is that, people are mobilised to occupy all seats in the courtroom, to 'show' that the trial is an 'open court', and prevent genuine attendants to get in, such as diplomats or supporters of the defendants.
More than a dozen of people are now queuing outside the West Kowloon Court. Tried to talk to a woman at the 2nd place but she said she doesn’t know why she is in queue. She and another man seem rather alerted and asked why reporters are asking about them. A police PR said …
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The HK government commences to implement “government-designated lawyers” by the newly reformed legal aid system. CHOW Hang Tung
@zouxingtong
‘s latest piece on this state-led law fare is a must read
#legalAid
#HongKong
#Lawyer
#China
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Are homeless beggars? The court responded to the homeless ppl’ request for compensation between USD 255 and 1660 by giving each person USD 12.8, which is less than three hours of pay under HK’s minimum wage. Are the poor deserved to suffer before the law?
In Dec 2019, a group of 14 homeless people were evicted by authorities from a park in Sham Shui Po. Their personal belongings, including their phones and ID, were taken and discarded as rubbish. The court handed down the ruling today, giving each person a compensation of HK$100.
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We are delighted to launch a report on the anti-ELAB protests trials between 2019 and 2021. The full report will be released on our GCAL
@GeorgetownCAL
website in a few hours later, stay tuned!
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This is today’s Hong Kong.
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Hong Kong pro-democracy media tycoon Jimmy Lai will stand trial over national security and sedition charges at the city’s High Court, where the maximum sentence is life in prison. Jury trial used to be mandatory in the High Court, now jury can be removed in NSL trials.
Hong Kong media tycoon Jimmy Lai to stand trial in High Court over national security, sedition charges
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#HK
justice dept released its summons for leave to appeal. It argues that the court should defer to the CE certificate and their judgement in national security matters, as the court is not in a position as good as the govt to assess on NSL matters. Link:
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Thx Erin Hale for bringing in the term "preventive detention", which prohibits people from exercising their rights by detaining them out of the scene without a legal ground. Examples: on June the authorities used it to detain 20+ ppl.
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This is how the Hong Kong government considers severity of criminal behaviours. A rapist of an underage girl is wanted for HKD100,000 while a peaceful activist overseas is wanted ten times than that (= HKD1,000,000).
#HongKong
nat. security police have issued arrest warrants for 8 self-exiled activists, offering a HK$1 million bounties for each of the wanted people. Five other rewards are currently listed by police for cases involving murder, rape and arson. In full:
6
39
57
7
36
86