#UPCOMIMG Two designated judges of High Court will hand down a judgment this afternoon on the application of Hebeas Corpus from Tong Ying-kit, the first and so far only man prosecuted under #NSL. If it’s denied, bail hearing will continue next week.
Senior counsel Philip Dykes' defense for Tong Ying-kit, the first and so far only man prosecuted under #NSL in HK.
On contradiction with the presumption of innocence raised by the defense regarding article 42 of #NSL, the judges said it's "an unreasonable reading of the article" and emphasized " construction of a statute is not a linguistic exercise".
The judges established that article 42 of #NSL is "not a no-bail provision" nor a wide restriction on granting bail. "The judge has to form a view on what the accused person may or may not do in the future...is a matter of judgment" instead of fact-finding on the accused.
The judges seem trying to mash up the "no bail unless" condition in #NSL42 with HK's criminal procedures ordinance as it's "bound to give full force and effect to the presumption of innocence", "which represents the 'golden thread' of our criminal justice system".
Judges: "we should continue to adopt the common law approach in the construction of the National Security Law"
Judges basically adopted the government's lines to dismiss Philip Dykes SC argument that #NSL infringes judicial independence by stipulating CE to appoint designated judges, saying that the final choice lies with judiciary and judges are bound by their oaths to remain impartial.
Last but not least, judges suggested that Tong and his lawyers chose a wrong avenue to challenge the order.
Does “local laws" that are prevailed by #NSL include Basic Law? "We would leave it for future consideration should it become necessary to do so," judges said.
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#BREAKING HK top court ruled in favour of journalist @Baochoy’s appeal , quashing all her conviction and fines as the court found “there was no reason that bona fide investigative journalism … should be excluded from the phrase ‘other traffic and transport related purpose’.”
Choy was found guilty of “making false statement” 2 years ago for choosing the purpose of “other traffic and transport related matters” on the application form for car owner info from public registries controlled by the Transport Dept.
Choy’s search was for her award winning investigative report on #721YuenLongAttack in 2019. The application form then provided only 3 purposes for applicants after an amendment to remove the open-ended “other:” column in Oct 2019.
Tsui Hon-Kwong, veteran member of disbanded #HongKongAlliance - the group who hosted candlelight vigil for #June4 for three decades in HK, was taken away by police. He kept upholding his candle for #TiananmenMothers until police shut the door.
A man whose phone torch was on was taken away by police after a search. An officer snatched his phone as a group of officers escorted him into the search zone.
At a point people were lined up to wait for police search.
#BREAKING League of Social Democrats leader #ChanPoying was taken away minutes after she showed up with a small candle for #TiananmenMothers and two yellow flowers. She resisted and tried to uphold what she had in hands.
Heard LSD’s Chan Po-Ying said “why must police station? I don’t mind here.” before police bundled her into a police car.
Truck driver turned activist To Chi-kuen was taken away by police. He apparently carried nothing with him except wearing a tee that says “I don’t want to remember but I dare not to forget”.
#JUSTNOW This woman was taken away by police after a search. Not immediately clear what triggered the search. She upheld a small card with the Chinese characters “conscience” during the search. She wore a yellow mask, a black tee, a yellow skirt, and yellow socks with “Hong Kong”
“Going to a police station. Going to Wan Chai Police Station,” the woman shouted as police bundled her away.
A woman surnamed Cheung and in all black outfit was searched and let go by police. She told reporters police didn’t specify what made her suspicious and only checked her ID and bag. She took the search rather easy, “everyone knows what day is it today.”
#thread
On the protest-annulled Labour Day in HK, leftist party League of Social Democrats and the Women Workers Association would have small group petitions separately outside the government HQs to advocate for labour rights.
Before the 1st group LSD arrived , some 20-30 officers were seen deployed nearby with at least two holding a video camera to record the petition.
When Chan Po-ying, chairwoman of LSD arrived, an acting sergeant from the central police precinct read out an 8-point “reminder” to her. The points will be laid out in English translation from the next tweet.