Thread by @XinqiSu

On Wednesday mainland Chinese human rights lawyer Lu Siwei who has been working on the case of the #12HKers detained in Shenzhen despite authorities' threats produced 10 Q&A on the case in Chinese as trial is near.

Translate most of them in this #thread:

Q1: What now as family-hired lawyers can’t work on the case?

Family-hired lawyers should continue to submit representation to Yantian’s court and demand reading the case docs. Meanwhile families should demand gov-assigned lawyers to leave the case otherwise they will sue.

Q2: Should Yantian prosecutors provide indictments for defendants’ relatives?

Procuratorates are not required to do so in mainland's laws but defense lawyers should provide copies of the indictments and explain the content, legal basis to the families.

Q3: What kind of procedure is the closed-door hearing for the two underaged defendants?

According to mainland’s criminal procedures, such hearings can be arranged when 1) the defendants are underaged, 2) the offences are those in chapter 4, 5 and 6 of the penal code and...

...carry a maximum penalty of imprisonment under 1yr, and 3) defendants show remorse.

At the hearing, prosecutors can decided non-prosecution on conditions, including a probationary period of 6 to 12 months. The two underaged defendants are expected...

...to be sent back to HK after the hearing. Their families should contact the prosecutors and learn about the procedural details to best protect the defendants’ rights.

Q4: When will the trial of first instance come to a result?

The court should have a ruling within 2 months since it received the case so the trial should conclude before 25 Feb 2021....

...Given 12 Feb 2021 is CNY, trial should start before 1 Jan 2021 and conclude within January. It can’t be ruled out that verdict will come on the same day as trial begins.

Q5: Will those charged be convicted? What about the 2 charged of organising illegal border crossing?

Considering all gov-assigned lawyers are preparing for extenuation according to their communications with the families, the 10 prosecuted will basically all be convicted...

...It’s difficult to comment on the charge of organising illegal border crossing without access to the case docs, but if the pair did not charge any money from the others on board and they only...

...prepared and piloted the boat, or prepared food, or designed the route, these are not sufficient to substantiate the charge.

Q6: Can families apply for sitting in the trial? Will the trial be broadcast live?

Strictly speaking all open trial should not set hurdle for audience but due to the epidemic, the court may limit number of people in a courtroom. But in general the court should guarantee...

...seats of at least two relatives for each defendant. So families can contact the court directly for details to determine their itinerary. The supreme court has demanded all courts at lower levels to do live broadcast for trials as much as they can but...

...the decision is in the hands of the lower-level courts. Considering all factors, it’s unlikely for this trial to be broadcast live.

Q7: What about verdicts and sentencing?

Illegal border crossing carry up to 1yr imprisonment and fine. Organising illegal border crossing can lead to 2 to 7 years in jail and fine. Considering all factors home and abroad, the 8 charged of illegal border crossing may be...

...sentenced to penal servitude for no more than 6 months and months they have spent in detention will be counted in. The other 2 charge of organising illegal border crossing, if convicted, can be sentenced to imprison for no more than 2yrs and suspension of 3yrs...

.... A pessimistic expectation is that all defendants can return HK before CNY but how to enforce suspension in HK will be new problem.

Q8: If sentencing for the 8 will be discounted with days they have spent in detention, will be they sent back to HK as soon as trial completes?

Unnecessarily. There are 10 days of appeal period after trial. In mainland, defendants in their situation can get bailed and ...

...leave detention centre as trial completes. But considering that they are HK residents, they may have to stay in mainland for those 10days.

Q9: If defendants do not accept the ruling, what should they do?

Within 10 days since the 2nd day of them receiving the judgement, they can lodge an appeal. The appeal will be heard by Shenzhen’s intermediate court.

Q10：How likely are the 2 charged of organising illegal border crossing getting suspension? What if they don’t get it?

Considering all factors, including the legal and political ones, particularly prisoners’ different treatments in mainland and HK, suspension is ...

...the best solution. Mainland courts often emphasise the unification of social and legal effects so I believe the judges will consider the case carefully...

...If the sentencing is substantial without suspension, the rest of their jail term will be enforced in a detention centre if it’s no more than 3 months and in a prison if it’s over 3 months.

#thread ends