{"id":34746,"date":"2022-08-13T02:32:44","date_gmt":"2022-08-13T02:32:44","guid":{"rendered":"https:\/\/cjstudents.com\/?p=34746"},"modified":"2022-08-13T02:32:44","modified_gmt":"2022-08-13T02:32:44","slug":"whats-going-on-in-hong-kongs-courts-courts-news","status":"publish","type":"post","link":"https:\/\/cjstudents.com\/index.php\/2022\/08\/13\/whats-going-on-in-hong-kongs-courts-courts-news\/","title":{"rendered":"What\u2019s going on in Hong Kong\u2019s courts? | Courts News"},"content":{"rendered":"<p> [ad_1]<\/p>\n<div aria-live=\"polite\" aria-atomic=\"true\">\n<p>Thousands of people in Hong Kong are facing court action for taking part in 2019\u2019s mass protests, which grew out of opposition to a mainland extradition bill into wider calls for democracy.<\/p>\n<p>While some are well-known names from the city\u2019s political opposition, many others are common citizens who decided to join the months-long demonstrations.<\/p>\n<p>More than 10,000 people have been arrested in the past three years for their alleged involvement in the protests, government criticism and pro-democracy political activities, according to Hong Kong government <a target=\"_blank\" href=\"https:\/\/www.scmp.com\/news\/hong-kong\/politics\/article\/3128836\/hong-kong-protests-more-10200-arrested-connection-unrest\" rel=\"noopener\">data<\/a>. Of those facing charges, the vast majority are people below the age of 30, although they also include some of the city\u2019s veteran opposition leaders.<\/p>\n<p>On Friday, two teenagers were sentenced to five and a half years in prison each for rioting, after being cleared of an earlier charge of manslaughter over the death of a 70-year-old man who was hit in the head by a brick thrown in a confrontation between rival groups of protesters.<\/p>\n<p>With the territory\u2019s vibrant tradition of civil disobedience, Hong Kong people were not unfamiliar with the risk of arrest, but infractions that were once considered minor offences are now ending up in jail time.<\/p>\n<p>Many of the city\u2019s pro-democracy politicians have been arrested under national security legislation that was imposed by Beijing in 2020, and have been languishing in jail for months in pre-trial detention.<\/p>\n<p>Based on British common law, Hong Kong\u2019s justice system was once regarded as one of the most independent and robust in Asia, but has been thrust into the spotlight since the national security law was put in place.<\/p>\n<p><span class=\"embed-youtube\" style=\"text-align:center;display:block\"><iframe loading=\"lazy\" title=\"Hong Kong: Endgame | People and Power\" width=\"640\" height=\"360\" src=\"https:\/\/www.youtube.com\/embed\/1YEKYrTdc44?feature=oembed\" frameborder=\"0\" allow=\"accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share\" referrerpolicy=\"strict-origin-when-cross-origin\" allowfullscreen><\/iframe><\/span><\/p>\n<p><a target=\"_blank\" href=\"https:\/\/www.aljazeera.com\/news\/2022\/3\/30\/uk-judges-quit-hong-kongs-top-court-over-chinas-security-law\" rel=\"noopener\">Foreign judges have left the city<\/a>, as well as rank and file lawyers, while US lawmakers may soon sanction Hong Kong prosecutors for offences like \u201carbitrary detention of individuals for exercising universally recognised human rights\u201d.<\/p>\n<p>Chinese \u201cmainland-style criminal justice\u201d and \u201clawfare\u201d tactics have found their way into Hong Kong, said William Nee, research and advocacy coordinator at Chinese Human Rights Defenders.<\/p>\n<p>\u201cThe volume of cases is part of it, and part of it is the lengthy legal process that people face \u2013 and we\u2019re only two years into it,\u201d he told Al Jazeera. \u201cWe predict it could go on for many, many years where people are unable to travel, unable to leave Hong Kong, unable to speak to the media, and unable to participate in public life,\u201d he said.<\/p>\n<h2>Who are on trial and why<\/h2>\n<p>More than 1,000 trials are under way and more are due to commence in 2023, according to data compiled by the Hong Kong Democracy Council (HKDC), a US-based advocacy group.<\/p>\n<p>While there are different ways to count the data, the advocacy group estimates that Hong Kong is now home to 432 \u201cpolitical prisoners\u201d \u2013 people arrested for their political beliefs or actions \u2013 who have completed sentences, with 582 people still in custody or awaiting trial.<\/p>\n<p>Many of the arrests over the past three years are linked to the 2019 protests, although not all.<\/p>\n<p>Common charges related to the protests include participating in an <a target=\"_blank\" href=\"https:\/\/www.aljazeera.com\/news\/2021\/10\/16\/seven-hong-kong-activists-jailed-over-unauthorised-protest-in-2020\" rel=\"noopener\">unlawful assembly<\/a> and rioting, while those accused of being \u201cleaders\u201d face charges like incitement and organising an unlawful assembly. More than three-quarters of Hong Kong\u2019s \u201cpolitical prisoners\u201d are young people below the age of 30, according to the HKDC. More than half are below 25.<\/p>\n<p>Beijing imposed the <a target=\"_blank\" href=\"https:\/\/www.aljazeera.com\/news\/2020\/7\/1\/details-of-chinas-national-security-law-for-hong-kong-unveiled\" rel=\"noopener\">national security law<\/a> in 2020.<\/p>\n<p>The fallout has been felt among the political opposition, civil society leaders, journalists, and \u201calmost all non-violent pro-democracy activities in Hong Kong\u201d, according to Eric Lai, a Hong Kong law fellow at the Georgetown Center for Asian Law.<\/p>\n<figure id=\"attachment_1277083\" aria-describedby=\"caption-attachment-1277083\" style=\"width:770px\" class=\"wp-caption aligncenter\"><img decoding=\"async\" loading=\"lazy\" class=\"size-arc-image-770 wp-image-1277083\" src=\"https:\/\/www.aljazeera.com\/wp-content\/uploads\/2020\/12\/2020-12-12T003152Z_1762520577_RC2CLK9395R2_RTRMADP_3_HONGKONG-SECURITY-JIMMY-LAI-1.jpg?w=770&amp;resize=770%2C514\" alt=\"Media mogul Jimmy Lai Chee-ying, founder of Apple Daily, walks to a prison van to head to court.\" data-recalc-dims=\"1\"\/><figcaption id=\"caption-attachment-1277083\" class=\"wp-caption-text\">Media mogul Jimmy Lai, the founder of Apple Daily, has been in prison pending trial under the national security law since the end of December 2020 after a judge revoked his bail [File: Tyrone Siu\/Reuters]<\/figcaption><\/figure>\n<p>Between July 2020 and June 2022, 203 people were arrested under the law and 123 charged, according to data <a target=\"_blank\" href=\"https:\/\/www.chinafile.com\/tracking-impact-of-hong-kongs-national-security-law\" rel=\"noopener\">compiled<\/a> by Lai. Many defendants face additional charges under Hong Kong\u2019s ordinary criminal statutes.<\/p>\n<p>While the security law specifically refers to crimes of subversion, sedition, \u201cterrorism\u201d and \u201ccollusion with foreign forces\u201d, more than 50 people have been arrested for \u201cseditious\u201d or \u201csecessionist\u201d speech under recently revived sedition laws that date from the British <a target=\"_blank\" href=\"https:\/\/www.aljazeera.com\/news\/2022\/7\/5\/sedition-trial-opens-for-hong-kong-speech-therapists\" rel=\"noopener\">colonial era<\/a>.<\/p>\n<p>So far only 10 people have been convicted under the new law, but many cases have been delayed by Hong Kong\u2019s strict COVID-19 policies, according to Lai.<\/p>\n<p>National security police have targeted people like <a target=\"_blank\" href=\"https:\/\/www.aljazeera.com\/news\/2020\/12\/12\/hong-kongs-jimmy-lai-in-court-to-face-national-security-charges\" rel=\"noopener\">Jimmy Lai<\/a>, the former publisher of Apple Daily and longtime critic of the Communist Party, as well as 47 activists and opposition leaders charged and arrested for organising an <a target=\"_blank\" href=\"https:\/\/www.aljazeera.com\/news\/2022\/6\/7\/hong-kong-pro-democracy-figures-set-for-largest-security-trial\" rel=\"noopener\">unofficial primary election<\/a> for the pro-democracy camp in 2019.<\/p>\n<p>They have also arrested leaders of the protest umbrella group Hong Kong Alliance in Support of Patriotic Democratic Movements in China for failing to submit evidence to police, while student groups have been charged with \u201cterrorism\u201d.<\/p>\n<p>Sedition laws have shut down much of Hong Kong\u2019s independent press as news outlets have folded after staff were either charged or feared being charged under the sedition law.<\/p>\n<h2>A new class of criminals<\/h2>\n<p>The national security law has created a new criminal procedure in Hong Kong that strays from its common law tradition.<\/p>\n<p>National security defendants are heard before a panel of three judges handpicked for terms of one year by the city\u2019s chief executive, said Nee, which means the justices can easily be removed.<\/p>\n<p>Unlike other criminal cases, there is no jury and defendants are almost exclusively denied bail while legal proceedings continue \u2013 often for months.<\/p>\n<p>Defendants in these cases are tasked with proving they will not \u201ccontinue to endanger national security\u201d in addition to meeting ordinary bail conditions, according to a Hong Kong defence lawyer and rule of law monitor who spoke on condition of anonymity.<\/p>\n<figure id=\"attachment_1820421\" aria-describedby=\"caption-attachment-1820421\" style=\"width:770px\" class=\"wp-caption aligncenter\"><img decoding=\"async\" loading=\"lazy\" class=\"size-arc-image-770 wp-image-1820421\" src=\"https:\/\/www.aljazeera.com\/wp-content\/uploads\/2022\/08\/000_1NO0FB.jpg?w=770&amp;resize=770%2C512\" alt=\"Judges wearing robes and horsehair wigs attend a ceremony to mark the opening of the legal year in Hong Kong \" data-recalc-dims=\"1\"\/><figcaption id=\"caption-attachment-1820421\" class=\"wp-caption-text\">Hong Kong\u2019s judicial system is based on British common law and was once regarded as one of the most independent in the region [File: Philip Fong\/AFP]<\/figcaption><\/figure>\n<p>Some of the most high-profile cases include the 47 people who were picked up over the primary and have already spent more than a year in detention after the prosecutors appealed their initial right to post bail.<\/p>\n<p>Bail hearings themselves have become a <a target=\"_blank\" href=\"https:\/\/www.aljazeera.com\/news\/2022\/1\/27\/hong-kong-bail\" rel=\"noopener\">nearly impossible task<\/a> as, under the new law, defendants have lost the presumption of innocence \u2013 a fundamental right in the common law system.<\/p>\n<h2>Guilty until proven innocent<\/h2>\n<p>Cases heard in the ordinary criminal system, which typically concern rank and file protesters, have also changed dramatically over the past three years.<\/p>\n<p>The first major change has been where they are heard.<\/p>\n<p>Where cases of civil disobedience were once referred to the magistrate\u2019s court \u2013 the lowest rung of the criminal justice system \u2013 they are now regularly sent up to the district court or High Court, according to the defence lawyer. Magistrates are restricted to two-year sentences, but the district and High Court can impose terms of as long as seven years and life imprisonment, respectively.<\/p>\n<p>The defence lawyer said in many cases, even rank and file protesters moving through the ordinary criminal justice system have lost the presumption of innocence.<\/p>\n<p>Typical cases concern charges like rioting, although many defendants were not caught in the act but instead nearby the scene or carrying equipment like goggles or masks. Both items were used by protesters and journalists to protect themselves from tear gas and pepper spray, which became a hallmark of the protests in the late summer of 2019 and was even fired at bystanders.<\/p>\n<p>The lawyer said they felt that in many cases protesters had lost the presumption of innocence as judges would issue contradictory verdicts depending on the case.<\/p>\n<p>\u201cIn a system where the same facts can lead to different outcomes before different judges, when judges consistently disregard defence testimony and choose to rely on police testimony even when incredible \u2013 those are not fair trials, that\u2019s not the rule of law,\u201d the lawyer said.<\/p>\n<figure id=\"attachment_1820428\" aria-describedby=\"caption-attachment-1820428\" style=\"width:770px\" class=\"wp-caption aligncenter\"><img decoding=\"async\" loading=\"lazy\" class=\"size-arc-image-770 wp-image-1820428\" src=\"https:\/\/www.aljazeera.com\/wp-content\/uploads\/2022\/08\/AP22144114842392.jpg?w=770&amp;resize=770%2C513\" alt=\"From left, Hong Kong scholar Hui Po-keung, Catholic Cardinal Joseph Zen, barrister Margaret Ng and singer Denise Ho arrive for an appearance at a court in Hong Kong\" data-recalc-dims=\"1\"\/><figcaption id=\"caption-attachment-1820428\" class=\"wp-caption-text\">More than 1,000 trials are currently under way in Hong Kong as a result of 2019\u2019s protests and the imposition of the national security law. Those facing charges range from common citizens to some of Hong Kong\u2019s most famous faces including scholar Hui Po-keung (left), Cardinal Joseph Zen, barrister Margaret Ng and singer Denise Ho (right) [File: Kin Cheung\/AP Photo]<\/figcaption><\/figure>\n<figure id=\"attachment_1820460\" aria-describedby=\"caption-attachment-1820460\" style=\"width:770px\" class=\"wp-caption aligncenter\"><img decoding=\"async\" loading=\"lazy\" class=\"size-arc-image-770 wp-image-1820460\" src=\"https:\/\/www.aljazeera.com\/wp-content\/uploads\/2022\/08\/AP21351378610306.jpg?w=770&amp;resize=770%2C513\" alt=\"A person standing outside a court in Hong Kong carries a poster showing the 47 pro-democracy politicians and activists arrested for organising a primary to choose their own candidates for an election that was then postponed\" data-recalc-dims=\"1\"\/><figcaption id=\"caption-attachment-1820460\" class=\"wp-caption-text\">The case of the 47 pro-democracy politicians and activists arrested for organising their own primary to choose their candidates for the Legislative Council election that was then postponed, is one of the most high-profile cases currently in the Hong Kong courts [File: Kin Cheung\/AP Photo]<\/figcaption><\/figure>\n<h2>Slow wheels of justice<\/h2>\n<p>Criminal procedures have also taken longer, in part due to COVID-19, said <a target=\"_blank\" href=\"https:\/\/www.aljazeera.com\/news\/2022\/2\/9\/us-lawyer-back-in-hong-kong-jail-in-police-assault-case\" rel=\"noopener\">Samuel Bickett<\/a>, a lawyer and Hong Kong law fellow at the Georgetown University Law Centre who served four and a half months in prison for a 2019 altercation with an off-duty Hong Kong police officer.<\/p>\n<p>While Hong Kong law does not guarantee the right to a speedy trial, critics say the delays are disproportionate to the crime.<\/p>\n<p>\u201cThe average time from arrest to sentencing through mid-2021 is 380 days, that\u2019s extraordinarily long. I mean we\u2019re not\u00a0talking about a murder case here. This is more than a year to get through an unlawful assembly case or mostly very simple cases,\u201d Bickett told Al Jazeera based on data he is compiling for an upcoming Georgetown Law report.<\/p>\n<p>Bickett\u2019s criminal case took a year and a half from start to finish, he said.<\/p>\n<p>Bail has also become more difficult to secure even for those charged for offences that do not involve the security law, and may also come with onerous conditions such as curfews, or rules related to school for young defendants.<\/p>\n<h2>Longer and harsher sentencing<\/h2>\n<p>Sentencing has also become harsher regardless of age or past criminal record, said Steven Vines, a veteran Hong Kong journalist who left the city in 2021. Public order cases that once might have ended in fines or community service now attract prison time.<\/p>\n<p>HKDC data found that of nearly\u00a03,000 people <a target=\"_blank\" href=\"https:\/\/hkdc.us\/political-prisoners-research-report\/\" rel=\"noopener\">prosecuted<\/a>, 67 percent had been convicted, receiving an average prison sentence of 1.6 years. Sentences for suspected protest \u201cleaders\u201d and people charged under the national security law are even longer, and many face multiple charges.<\/p>\n<p>\u201cPeople with no criminal convictions whatsoever are being given custodial sentences for things like unlawful assembly, which in the past would\u2019ve incurred a fine, nothing more. People who are being convicted of more serious offences are getting sentences which are akin to armed robbers with a criminal record,\u201d Vines told Al Jazeera.<\/p>\n<p>Georgetown\u2019s Lai, however, says this is not entirely unexpected.<\/p>\n<p>Hong Kong has long used public order laws against protesters, even before the 1997 handover to China.<\/p>\n<p>But in recent years, Hong Kong\u2019s courts have indicated that they would come down harder on non-violent protesters amid lengthy cases surrounding the <a target=\"_blank\" href=\"https:\/\/www.aljazeera.com\/news\/2018\/11\/19\/trio-who-sparked-hong-kongs-occupy-protest-to-stand-trial\" rel=\"noopener\">protest leaders<\/a> of <a target=\"_blank\" href=\"https:\/\/www.aljazeera.com\/program\/people-power\/2015\/1\/28\/hong-kong-occupy-central\" rel=\"noopener\">2014\u2019s Umbrella Movement<\/a>. Another case around the same indicated that rioting offences would also be met with harsher terms.<\/p>\n<figure id=\"attachment_1775615\" aria-describedby=\"caption-attachment-1775615\" style=\"width:770px\" class=\"wp-caption aligncenter\"><img decoding=\"async\" loading=\"lazy\" class=\"size-arc-image-770 wp-image-1775615\" src=\"https:\/\/www.aljazeera.com\/wp-content\/uploads\/2022\/07\/2022-07-01T030418Z_742131158_RC2R2V9LQA7T_RTRMADP_3_HONGKONG-ANNIVERSARY.jpg?w=770&amp;resize=770%2C513\" alt=\"John Lee (on left) stands om a stage with Chinese president Xi Jinping\" data-recalc-dims=\"1\"\/><figcaption id=\"caption-attachment-1775615\" class=\"wp-caption-text\">John Lee (left), with China\u2019s President Xi Jinping, has made security his priority and is planning a Hong Kong version of Beijing\u2019s security law [File: Selim Chtayti\/Reuters]<\/figcaption><\/figure>\n<p>Hong Kong\u2019s government has said the prosecutions and national security law are necessary to restore order after 2019\u2019s protracted protests brought the territory to a standstill.<\/p>\n<p>The city\u2019s new chief executive <a target=\"_blank\" href=\"https:\/\/www.aljazeera.com\/news\/2022\/4\/13\/beijing-taps-ex-security-chief-as-hong-kongs-next-leader\" rel=\"noopener\">John Lee<\/a>, a former police officer who was security chief during the protests, plans to enact a <a target=\"_blank\" href=\"https:\/\/www.aljazeera.com\/news\/2022\/1\/12\/hong-kong-to-draw-up-own-national-security-law\" rel=\"noopener\">local version<\/a> of Beijing\u2019s security law. Hong Kong may also soon see additional laws governing online data and internet posts, similar to <a target=\"_blank\" href=\"https:\/\/www.aljazeera.com\/news\/2019\/5\/9\/singapore-passes-new-law-to-police-fake-news-despite-concerns\" rel=\"noopener\">laws passed by Singapore<\/a>.<\/p>\n<p>For now, prosecutions of 2019 protesters are expected to continue over the next two years due to the lengthy backlog \u2013 the national security cases could take even longer due to the volume of evidence compiled by prosecutors and successive delays. In the meantime, much of Hong Kong\u2019s opposition and civil society will remain silenced, exiled or in jail.<\/p>\n<\/div>\n<p>[ad_2]<br \/>\n<br \/><a href=\"https:\/\/www.aljazeera.com\/news\/2022\/8\/13\/whats-going-on-in-hong-kongs\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>[ad_1] Thousands of people in Hong Kong are facing court action for taking part in&#8230;<\/p>\n","protected":false},"author":1,"featured_media":34747,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[25],"tags":[],"class_list":["post-34746","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-research"],"_links":{"self":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/34746","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/comments?post=34746"}],"version-history":[{"count":1,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/34746\/revisions"}],"predecessor-version":[{"id":34748,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/34746\/revisions\/34748"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/media\/34747"}],"wp:attachment":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/media?parent=34746"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/categories?post=34746"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/tags?post=34746"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}