Discover and read the best of Twitter Threads about #NSL

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The four trustees of the "612 Humanitarian Fund" in #HongKong were released on bail late last night. However, @laiyanhoeric said the arrest indicates that the #NSL is now weaponized to crack down on non-violent public activities in the city. My latest: dw.com/zh/612%E5%9F%B…
According to @hk01official, the police suspected that the fund's trustees began to "collude with foreign forces" prior to the imposition of the #NSL. It cited evidence including the fund was used to support members of #HongKong's civil society organization to ...
... to go to the UK and Geneva to lobby support from foreign lawmakers and "smear #HongKong." The police also suspected that the fund provided medical and legal support to NGOs in #Taiwan as well as Hong Kongers in Canada.
Read 15 tweets
What have #612Fund done to “collude with foreign forces”? State-associated Ta Kung Pao gave a list of six “evidence” today.

* before #NSL the fund was already suspected of colluding with foreign forces including funding local anti-China forces to ask for foreign sanctions
* during “black-clad violence”, it funded the Hong Kong Higher Institutions International Affairs Delegation to smear HK in London and Geneva. At a meeting with UK parliamentary members in Sep 2019, the delegation urged UK parliament to sanction HK officials.
* between 2019 and 2020, the fund provided legal and medical support for HKers in Canada and for Taiwan NGOs. It can be reasonably believed to be funding rioters who had fled there.
Read 6 tweets
🧵THREAD: There is a lot to unpack in Woodcock’s about-face in the sentencing of Lui Sai Yu for secession (DCCC 401/2021, 29 April 2022) #Hongkong #NSL
hongkongfp.com/2022/04/29/sec…
First, it is a vivid illustration of why mandatory minimum sentences are problematic: judges are not permitted to sentence as appropriate to the facts and circumstances of each case.
As far back as 1 July 2020, #HKBA noted in their statement that “the provision of mandatory minimum sentences strips away judicial discretion in sentencing”.
hkba.org/sites/default/…
Read 15 tweets
Reasons for the unprecedented aggravation of sentence in an #NSL trial handed down this morning : legalref.judiciary.hk/lrs/common/ju/…

In her further reasons on overturning her original 3yrs8mths sentence and boosting it to 5yrs, Judge Woodcock did not explain...
...what is the new starting point (it was 5.5 yrs originally) and what is the discount the defendant Lui Sai-yu can enjoy from his guilty plea at the earliest opportunity (1/3 usually and originally).

If Lui still enjoys 1/3 discount, to reach a final sentence of 5yrs demands..
...a starting point of 7.5 years, which is beyond the District Court's sentencing cap on 7 years.

If Lui cannot enjoy fully the 1/3 discount, what factor other than the minimum sentence requirement in #NSL can justify that?
Read 9 tweets
#NSL: A Hong Kong court on Friday increased a jail sentence to five years, in line with a China-imposed national security law, for a student who called for independence from China in posts on the Telegram messaging service. reuters.com/world/china/ho…
Lui Sai-yu, 25, an engineering undergraduate at Hong Kong Polytechnic University, was charged with inciting secession in April 2021 with messages calling for "acts to be taken to unlawfully change the regime" in Hong Kong.
He has been in detention since September 2020, after police raided his flat and found a pepper ball gun, meant for firing irritant powder for self-defence, an extendable police baton, two military knives and protective gear.
Read 16 tweets
#TWIST After Judge Woodcock handed down the sentence of 3 yrs 8 mths., #NSL prosecutor Ivan Cheung rised and said since the court found Lui's offence in "serious nature", #NSL demands a sentence between 5 to 10 years, not just a sentence starting in this range. Adjournment now.
DOJ's #NSL prosecutor Ivan Cheung argued that when Beijing made #NSL the NPCSC has taken into full account of HK's criminal laws therefore when a min sentence was set, discounts due to various reasons had been considered, and a discounted sentence should not fall below the min.
Defense counsel Edwin Choy said the starting point of 5.5 yrs has reflected the court's determination of the offense's seriousness. The offense, though found serious, is not as serious as one deserving a starting point of 7.5 years, which is also beyond the court's sentencing cap
Read 4 tweets
UKSC judges Lords Reed & Hodge have resigned with immediate effect from Hong Kong’s Court of Final Appeal - saying they can’t continue to sit without appearing to endorse an administration which has departed from political freedom & freedom of expression. supremecourt.uk/news/role-of-u…
Many are asking - why now?

Foreign Sec Truss has claimed responsibility in saying the “benefit they bring to the court as excellent jurors is now outweighed by the risk of legitimising a system that enforces Beijing’s laws, which are being used as a tool of oppression.”
Truss: UK govt has withdrawn political support for British judges sitting on Hong Kong’s top court. She expressly cites unjustified threats made by HK authorities to @hk_watch under the #NSL.

The threats, like the sanctions against UK lawyers & parliamentarians are outrageous.
Read 6 tweets
No pretence, no disguise left. Hong King’s National Security Law is being used as a tool to silence expression, crush dissent. One of HK’s most senior barristers is arrested again, as part of another crackdown, this time on @StandNewsHK where she was formerly a board member.
Nothing to see here. Only Hong Kong’s second most senior politician trampling over a free press, protected under Hong Kong’s Basic Law by the ICCPR, without qualms.

The #NSL - “a coup dressed up in statute.”
The powerful sentencing remarks of 73 year old barrister & former lawmaker, Margaret Ng, in her own mitigation earlier this year.

“The law should give protection to rights, not take them away, especially in Hong Kong, where structural democracy is still absent”.
Read 9 tweets
Key takeaways from #CarrieLam's post-election/pre-duty visit presser:

Record low turnout: Never set a goal so we didn't fail anything / 4.47 million voters registered and 1.35 million voted so you can't say the election is not significant / I don't know why 3million didn't vote.
Diversified or Homogeneous legislature: I have no opinion if voters choose a certain background and stance out of many - it's voters' autonomy; I personally find the 90 candidates elected of broad representation.
Re BL23 legislation: aim to dish out a general framework by the end of June 2022, but do not expect to complete legislation; won't use 2003 version ; need to take into account of cases under #NSL.
Read 4 tweets
1/ Here is my observations on HKSAR v Ma Chun Man (2021), which has a Chinese verdict and an English Press Summary for now: legalref.judiciary.hk/lrs/common/ju/… (20 tweets,beware!)
2/x The reasons for verdict have 84 paragraphs, and only 4 of them discuss the court’s view on human rights jurisprudence. Sadly, they are insufficient, incoherent and not up to international standard. (See para.46-47, 64-65) #HK #NSL
3/x in para.46, The verdict cited the Jimmy Lai case at the CFA (FACC1/2021) to state article 4 of the NSL safeguards basic rights and freedoms according to Hong Kong law…
Read 20 tweets
First India, now Hong Kong. @amnesty closed its offices in HK “with a heavy heart” citing “recent targeting of local human rights & trade union groups signals an intensification of the authorities’ campaign to rid the city of all dissenting voices.” #NSL

amnesty.org/en/latest/news…
A recently thriving civil society is being taken apart, unions and NGOs forced to close down, as dissent is silenced in Hong Kong through the lashings of a national security law, whose first trials are now making their way through the courts. nytimes.com/2021/10/24/wor…
It is anticipated today that the verdict in the 2nd #NSL trial will be given, in HKSAR v Ma Chun Man. Ma’s lawyers have run human rights arguments in this case of alleged incitement. A summary is here: hongkongfp.com/2021/09/30/def…
Read 5 tweets
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.
A brief overview of his case can be found at @hkfp hongkongfp.com/2021/09/30/def…
We will soon know whether the court will appreciate human rights jurisprudence that complies with international and comparative human rights law in its verdict, and follow the 1st NSL verdict that dismissed the critical review of the safeguarding human rights in NSL context.
Read 6 tweets
Given that the reporting restriction is lifted, I will detail the bail application proceeding that spans from ystd to this morning re the case of 5 #HKAlliance ex leaders charged for refusing to submit info demanded by #nationalsecurity police in this #thread.
The most significant point comes first, the play of bail under #NSL has evolved just now from blanket denial to undeniable bail with condition restricting the defendant's speech.

This morning, #NSL magistrate Peter Law granted bail to all 5 defendants in the case despite ...
...lack of applications from D3 Simon Leung and D4 Chan To-wai with the usual bail conditions (cash, surety, reporting requirements, deposit of travel docs etc) and an additional #NSL condition imposed by the prosecution.
Read 15 tweets
#BREAKING #NSL magistrate Peter Law granted bail for #HKAlliance ex leaders Chow Hang-tung, Tang Ngok-kwan, and Tsui Hon-Kwong in refusal to provide info case. But Chow will remain in custody for incitement to subversion case.
In his oral ruling, #NSL magistrate Peter Law said he denied bail for all five defendants at the 1st mention in Sep as he was not satisfied that they would not commit acts endangering national security and he minded the risks of them destroying evidence or helping others to flee.
“There have been some developments,” Law said. “The case has been widely reported and the police have raided the alliance’s premises and seized a huge amount of exhibits - that left an impression that the risks have been substantively reduced.”
Read 4 tweets
HK DOJ is seeking to adjourn the pre-trial review for the trial of 5 #HKAlliance ex leaders for refusing to submit materials demanded by national security police till 29 Dec to wait for the leave application for the judicial review against the police notice’s legality set in Nov.
While the prosecution oppose bail for all 5 defendants, if adjournment is granted by #NSL magistrate Peter Law, that would mean the defendants will stay in jail for over 3 months since arrest in early September while the max penalty for the charge is only 6 months imprisonment.
The defense’s position opposing the adjourn lies upon the basis that the defendants are entitled to collateral challenge of the legality of the police notice in JR while the criminal trial of their non compliance to the notice goes on : Boddington v British Transport Police
Read 5 tweets
Latest for @dw_chinese (Eng version): More than a year after #NSL came into effect in #HongKong, the city's judicial system is coming under immense pressure. I talked to @laiyanhoeric about how the NSL is challenging the definition of rule of law in HK. williamyang-35700.medium.com/the-national-s…
"In the past, defendants would usually be able to be released on bail, unless the judges think they have the risk of committing crimes again or the risk of escaping. In other words, being released on bail is supposed to be a right of the defendants."
"However, since the anti-extradition bill in 2019, judges will impose many new restrictions in cases related to protests and enhance the bar for granting bail. And since NSL cases are ruled based on the security law, ...
Read 36 tweets
Today, one of the important figures in #HongKong's pro-democracy movement, Albert Ho, announced his resignation from some of the organizations that he has long dedicated his career. Here's a thread looking back to some of the last few interviews I did with him:
Prior to the day when #NSL came into effect, he talked about how he viewed the highly controversial law and why the law will destroy the longstanding tradition of judicial independence in #HongKong: williamyang-35700.medium.com/national-secur…
"I think all the directions and opinions given by this Beijing’s representative will be binding on the council. After all, this national security council will become a super power center, and it will be the highest executive body in Hong Kong."
Read 37 tweets
#Thread about Chow Hang-tung @zouxingtong and Gwyneth Ho @KwaiLamHo , the vertiginous Wednesday and the less-discussed legal fights they have been devoting to.

It was more or less expected but still fictional than fiction that five hours before Ho was due to appear in court...
...national security police arrived at her counsel Chow's chamber and impatiently rang the doorbell.

Chow who worked overnight in the chamber for Ho's application did not immediately answer - like how she handled the police's letter demanding HK Alliance to empty its bag.
Instead, Chow started two - not so successful as she concluded in police custody - FB live, telling the world that police was at her door, and made a series of public posts, beading the last free moments she had, such as...
Read 26 tweets
Some defendants among the 47 charged of “conspiracy to subversion” were asked by national security police to come to police HQs at 2pm to pick up their committal bundles. @owenchowkashing didn’t get the notification but still came to check things out as tmr is ddl for prosecution
Ricky Or, man in blue shirt, has got four stacks of documents the prosecution prepared against him. Each stack has four packs of paper. Or said police told him it’s about two cardboard boxes of A4 paper in total.
Barrister Lawrence Lau, who is both a defendant and defense lawyer in different cases under #NSL , has also got four stacks of bundles. So was Winnie Yu, ex founder of the Hospital Authorities Employees Alliance.
Read 6 tweets
Citing concerns about #HongKong's #NSL, #Taiwan announced today that it will not send a team to next year's Gay Games in Hong Kong. france24.com/en/live-news/2…
That means #Taiwan, the only country in Asia where same-sex marriage is legalized, will be absent from the major sporting event for the LGBTQ community worldwide.
"We have decided not to send a national delegation as we don't expect to be able join as Taiwan and to ensure personal safety of the athletes," said Yang Chih-chun, president of the Taiwan Gay Sports and Movement Association.
Read 7 tweets
Latest for @dwnews: On the one-year anniversary of the #NSL, I talk to scholars and activists about the impact that the law on #HongKong. Following the closure of #AppleDaily and the promotion of former police, many say the city has become a police state.dw.com/en/hong-kong-n…
Since the law came into effect on June 30,2020, authorities have removed all opposition lawmakers in the legislative council and detained dozens of high-profile pro-democracy activists, including Joshua Wong, Agnes Chow and Jimmy Lai.
"The national security law is targeting the freedom of dissent. It’s about taking advantage of what happened in 2019 to impose blanket silence," said Victoria Hui.
Read 30 tweets
In a new research brieing, @amnesty warned that the #NSL has decimated the city’s freedoms and created a landscape increasingly devoid of human rights protections. amnesty.org/en/latest/news…
‘In the Name of National Security’ details how the law enacted on 30 June 2020 has given the authorities free rein to illegitimately criminalize dissent while stripping away the rights of those it targets.
“In one year, the National Security Law has put Hong Kong on a rapid path to becoming a police state and created a human rights emergency for the people living there,” said Yamini Mishra, Amnesty International’s Asia-Pacific Regional Director.
Read 7 tweets
Latest for @IrishTimes: As #HongKong marks one year since the #NSL came into effect, I talked to activists who are still in the city and who have gone into exile about what has changed. One thing in common is the disappearing space to voice dissent: irishtimes.com/news/world/asi…
Last September, Hong Kong pro-democracy activist @SunnyCheungky was due in court for a case related to his participation in a banned vigil last June to mark the anniversary of the Tiananmen Square massacre.
Instead of appearing as a defendant, he announced on Facebook that he had gone into exile at an undisclosed location, fearing for his own safety.
Read 26 tweets
In a scarred Hong Kong, “beautiful things are gone”.
Remembering what happened in 2019 has become more important than ever.
One year after China imposed the #NSL, we speak to six different Hong Kong people on how they’re keeping the city's memories alive.
widerimage.reuters.com/story/in-a-sca…
Democracy activists charge that those in power are trying to take control of the narrative, and they fear that future generations will hear only the government’s version of events.
📷: Reuters/Lam Yik
It’s not only a battle over the narrative: Since the protests died down last year, the city’s very landscape has changed, leaving familiar places unfamiliar.
📷: Reuters/Lam Yik
Read 10 tweets

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