The trial of six people who pleaded not guilty to rioting in Yuen Long on July 21, 2019, continued today.
The District Court judge spent considerable time picking apart the prosecution's opening statement, and it's worth documenting that in a thread: thestandnews.com/court/%E5%85%8…
The judge first asked why the prosecution cited the events of July 16, when some #antiELAB protesters held a film screening in Yuen Long, and some people with opposing views confronted them.
The prosecution said this was the background to July 21, and the two events are related.
At the prosecution's suggestion that one event led to the other, the judge said: "How? Are you saying the group of people on July 16 are the same people on July 21?"
The prosecution said after July 16, messages appeared online calling for a public meeting in Yuen Long on July 21
The judge said that if the prosecution were seeking to argue that the rioting on July 21 was caused by the events of July 16, "you definitely need to write that down more clearly."
This led to a rebuke from the judge, who asked why the prosecution were wasting time and requested that they use "precious judicial resources" more effectively.
The prosecution finally agreed to delete those paragraphs related to July 16 from their statement.
The judge next asked the prosecution to clarify the phrase "there was an intense argument between black-shirted and white-shirted people, then a violent conflict occurred" which appeared multiple times in the statement.
The judge asked whether this meant both sides were fighting
The prosecution replied that both sides were arguing and throwing objects.
"Which side hit the other side first?" the judge eventually asked.
The prosecution said that the white-shirts were using wooden sticks, while the black-shirts were using a fire extinguisher and hose.
The judge then asked whether the black-shirts had had their own extinguisher and hose. The prosecution said no, those had been taken at the scene.
The judge then said: "So it was the white-shirts hitting the black-shirts, then the black-shirts grabbed things to fight back with."
When this series of questions was over, the judge commented: "There is actually so much in these words ['a violent conflict occurred']."
The judge then asked the prosecution again to write down the details in their statements more clearly.
By the end of this thread, you may be understandably puzzled as to whether it's black-shirted people or white-shirted people who are on trial at the moment.
This case started with eight defendants, two of whom have already pleaded guilty, so that pair will proceed to sentencing.
Of the remaining six, the most well-known is a 57-year-old alleged gangster nicknamed Fei Tin-nam, who was erroneously reported as having died on July 21.
This case may well prove pivotal in unlocking the competing narratives behind the events of July 21, 2019.
Protesters said that it was an indiscriminate, one-sided attack by white-shirted people on anyone, protester or otherwise, who happened to be in Yuen Long MTR station at the time.
Police later contended that it was a conflict between two evenly-matched sides.
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Jimmy Lai's offer to make no public statements as a bail condition failed to satisfy the new judge, because it only accounted for one possible offence under the national security law, whereas the bail provision of the NSL refers to any act capable of damaging national security
Jimmy Lai's lawyer further offered to cut off the Internet at Lai's home and regulate visitors in terms of the number of people coming and the length of their visits.
The government, meanwhile, brought up Lai's financial transactions and his latest arrest last week.
The judge, who was assigned to this case after the Court of Final Appeal ruling on the NSL's bail provision, gave weight to the idea that Lai's financial means and connections could make it more likely that he would endanger national security if granted bail.
Some proposed amendments to the Immigration Ordinance are now getting even more media attention.
So it's worth sharing the HK government's explanation for the change, which some have described as a potential means to prevent anyone from leaving Hong Kong. legco.gov.hk/yr20-21/englis…
Section 3 of the Immigration (Amendment) Bill 2020, the section which has provoked this controversy, can be read below:
First and foremost, the section ought to be read together with whatever regulations come later as a result of it, which we haven't seen yet and can't pre-judge
But even without knowing what's coming later, the government's explanation asks us to read the (b) subsection together with the (a) subsection.
According to the government, this amendment is intended to fulfil HK's obligations under the Convention on International Civil Aviation
Democratic Party lawmaker Ted Hui has reportedly been arrested this morning. Three police officers arrived at his home to do a search. The reason is as yet unclear.
Hui’s party colleague @cheuktinglam has also been arrested. According to @HKDemocrats, the arrests relate to a case from last year at Tuen Mun Park.
More significantly, @HKDemocrats reported the police as saying that Lam Cheuk-ting is accused of rioting on July 21, 2019.
Police officers reportedly told @cheuktinglam he is suspected of participating in a riot on July 21, and separately, on July 6, 2019, the day a protest was held at Tuen Mun Park, he is suspected of conspiring with others to damage property and obstructing the course of justice.
The motorcyclist charged under the national security law has had his habeas corpus application denied on procedural grounds. His bail hearing continues next week.
More importantly, the court rejected the view that the national security law includes a "no bail" provision.
Although these are early days in judicial interpretation of the national security law, the High Court has taken the view that the impact of Article 42 of the NSL is "more apparent than real" and the criteria for granting bail will not be different in the vast majority of cases.
As a reminder, here is the wording in Article 42 of the NSL. The motorcyclist's legal team had argued that the phrase "will not continue" violated the presumption of innocence because "will not continue" implies that the defendant did something before and had to admit to it.
After a video showing a woman being led into a car by plainclothes officers spread online today, @hkpoliceforce condemned those accusing them of kidnap.
Police said a 26-year-old was lawfully arrested in Wan Chai today on suspicion of accessing a computer with dishonest intent.
It’s now reported that the arrested woman is a staff member at the Immigration Department, and is accused of using her access to ImmD’s system to enable the doxxing of thousands of people, including police officers, judges, civil servants and lawmakers. thestandnews.com/politics/%E8%A…
Charges: one count of misconduct in public office and five counts of obtaining access to a computer with a view to dishonest gain for herself or another
There are five dates from December 2019 to August 2020 where she is accused of accessing ImmD's system hk.appledaily.com/local/20200822…
Asked how she would respond to expressions of concern by the international community regarding Jimmy Lai's arrest, Carrie Lam said: "I hope you will see the hidden agenda behind such concerns."
Lam then cited "double standards" regarding Hong Kong postponing its elections.
Asked about the impact of US sanctions, Lam said: "Despite some inconvenience in my personal affairs, that is nothing that I will take to heart at all. We will continue to do what is right."
The presser is over and the ExCo meeting is ongoing. A new FB post from Lam expands on the "unprecedented personal attacks" and "unreasonable accusations and crude interventions into Hong Kong's affairs" from foreign governments and politicians that she has faced in the past year