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
Tsui Hon-kwong, D5 as well as main applicant of the JR, told the court via his lawyer Dykes SC that he can withdraw the JR application if #NSL magistrate Peter Law will deal with the legality of the notice in the trial - the core issue in both proceedings.
Yet the prosecution argued legality of the notice is not an element of offence so it should not be dealt with in the trial. #NSL Prosecutor Ivan Cheung said the trial judge should determine the legality on the surface ie whether it was issued under Schedule 5 and by police chief.

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More from @XinqiSu

22 Oct
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
22 Oct
#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
8 Sep
#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
8 Sep
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
7 Sep
HK Alliance is going to hand in a letter of response to the national security police saying that they won’t submit materials as demanded because HK Alliance is not a foreign agent and police chief can’t simply make such demand according to his “reasonable doubt”.
Standing committee member of HK Alliance since the group’s founding Tsui Hon-Kwong today submitted an application for judicial review against the national security police’s letter to HK Alliance in his own capacity.
It wasn’t long before the HK Alliance reps finished handing in their letter and leaving the police HQs. Chow Hang-tung @zouxingtong said police warned they should follow the law and she told them to do the same. “It only applies to foreign agents, not any random target,” she said
Read 4 tweets
21 Jul
#NOW in the public transport terminus under Yuen Long MTR station, police officers wearing rather bulky vests are standing on guard.
Three young men from TSW Connect, including resigned district councillor Lam Chun, set up a street booth in the public transport terminus under Yuen Long Station. Police jotted down their personal info and reminded them of anti-gathering ban.
Police gave first public warning of gathering ban after a representative of the Confederation of Trade Unions arrived and was about to join the street booth.
Read 12 tweets

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