Xinqi Su 蘇昕琪 Profile picture
Sep 2 18 tweets 4 min read
#DEVELOPNG Preliminary inquiry of #HKAlliance's "incitement to subversion" case has started this morning. Chow Hang-tung @zouxingtong told the court, "It's impossible to plead guilty. Pursuing democracy is not a crime. I plead not guilty." She is going to give evidence.
The prosecution submitted 58 statements from 39 witnesses, 136 pieces of documentary exhibits and a for now unclear number of video clips to the court as evidence. No witness will be called to court as a condition Chow agreed earlier in order to strike down reporting restriction.
History of June 4 crackdown in 1989 and over 3 decades of commemorations in Hong Kong comes back in vivid images in open court as Chow Hang-tung replays video footage submitted by the prosecution as evidence against the Alliance's alleged "incitement to subversion" offence.
So far the defense has played footage from the candlelight vigils in 2001, 2019, 2014 and 1997, which include clips of Tianamen Movement in 1989, military crackdown, protests and commemorations in HK, speeches by Alliance leader and Tianamen mothers.
The prosecution interrupted when the hosts of the 2014 vigil were reading out the names of the June 4 victims in the video. #NSL prosecutor Ivan Cheung said the court might intervene when this video playing reached "an inappropriate level".
When the presiding magistrate Veronica Heung asked how could it be inappropriate if those footages were part of prosecution's evidence. Prosecutor Cheung alleged Chow Hang-tung of "using the court as a platform for some promotional purposes"
Chow's lawyer Erik Shum refuted and said it was the defense's right to give evidence and play relevant footages, and the footages were meant to prove that "in every single part of the candlelight vigils, there was not a drop of incitement to violence".
Barrister Eric Shum also gave prosecutor Ivan Cheung a direct throw of punch saying "I have told you we will play some of the prosecution's footages. It's my choice. I do not need you to teach me how to do it."
So the court heard from the footages "if Hong Kong no longer has the alliance and the June 4 commemorations, Hong Kong has no One Country Two Systems" said by Alliance founder Szeto Wah, and "the massacre did not just finish in 1989" said by human rights lawyer Teng Biao.
In her evidence, Chow Hang-tung told the court that the authorities have been mixing up the concepts of "party" and "state" when accusing the Alliance to be an anti-China org. "The Alliance has been nurturing people who care about China," Chow said.
"But that affection was based on care for real people and concern for facts and truth, instead of an affection for an abstract concept of state or a political party whose hands are covered in blood. The so-called 'anti-China' allegation is actually 'anti-Party'," Chow said.
In the afternoon, Chow Hang-tung explained to the court the meaning of the Alliance's "five operational principles" and among them the slogan "end one-party dictatorship" upon which the prosecution pivot their case of "incitement to subversion".
“The five operational principles must be read as a whole instead of separately,” Chow told the court. “We want democracy for this country, so what’s the greatest obstacle? That’s the one-party dictatorship and the wicked logic of considering party and state as one.”
“An unsupervised political party can kill the innocent, deploy excessive force and prosecution, bury the truth and turn black into white, in order to monopolise the power that doesn't belong to it - that’s what happened in June 4 and what's been happening all the time,” Chow said
“To end one-party dictatorship is to limit the absolute power of a political party so it cannot do as it pleases and it must bear consequences for the crimes it committed,” Chow said. “Without ending one-party dictatorship, how can there be meaningful redress and accountability?”
“To end one-party dictatorship...is to end the violent principle of ‘political power grows out of the barrel of a gun’...our greatest weapon and power is to tell the truth and reasons clearly in order to dissolve the dictatorship’s deception and control over people,” Chow said.
“Totalitarian powers turn people into their own prison guard with indignity and fear,” Chow said. “To end one-party dictatorship needs everyone…to defend important truth, to provide alternatives, to speak freely, to safeguard core values..This is what I am doing in this court.”
Chow's evidence in chief took about 4 hours today and the preliminary inquiry is adjourned to next Thursday for the court and prosecution to study defense lawyers' submission that there is no prima facie case to be committed for trial.

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More from @XinqiSu

Aug 18
This is a #thread to explain the reporting restrictions removed today and yesterday re the #NSL cases of 47 pro-dem activists "conspiracy to subversion" and of the #HKAlliance "incitement to subversion".
The ban is pursuant to article 87A of the Magistrates Ordinance and hence popularly known as the "87A ban" or simply "87A" in HK.

The ban covers a pre-trial procedure called "committal proceeding" - when a magistrate is supposed to scrutinize the allegation and...
...decides whether the case is fit and ready for proceeding to formal trial. At this stage, a defendant can opt for a "preliminary inquiry" to go through the prosecution's evidence and examine the witnesses. If a defendant wins a PI, the case will be thrown out of court.
Read 25 tweets
Aug 18
#JUSTIN #NSL magistrate Peter Law fled the court when Gwyneth Ho @KwaiLamHo, one of the 47 activists charged of “conspiracy to subversion”, pushed him to answer whether the closed-door preliminary inquiry co-defendant Gordon Ng had could also be reported after removal of news ban
“Security minister Chris Tang always says we should wait for the court to judge but if the court can’t produce an answer, should we ask Tang?” Ho said. “If a reporter is arrested for reporting this, would you then continue to say you don’t know (what’s lawful and unlawful)?”
“This is not a QA session,” Magistrate Law tried to interrupted Ho but Ho was not deterred. Law then announced “that’s all for today” and left his seat for his chamber.
Read 6 tweets
Jul 11
HK's new health minister Lo Chung-mau announced that from Friday all #Covid patients under home quarantine will have to wear an electronic bracelet in order to prevent them from leaving home.
Lo also said the government "recommends" to partially adopt the mainland-style health code, by turning the LeaveHomeSafe code red for PCR-positive residents to prevent them from all public venues and giving a yellow code to overseas arrivals under mandatory quarantine.
Lo said by adopting the health code system, the gov will also consider replacing part of the 7-day mandatory hotel quarantine with health monitor at home. But they cannot enter high-risk venues eg hospitals and elderly homes and are prevented from high-risk mass-off activities.
Read 7 tweets
Jul 1
#thread

Should have done this earlier but maybe now is the best time - as the fanfares have concluded and the city is bracing for a signal 8 typhoon - to introduce/review our coverage of Hong Kong's 25th handover anniversary.
My incredible colleague @holmeschan_ and I only managed to start working on this 4-part series (ref this thread by @JeromeTaylor ) after the June 4 coverage. The 4 themes are One Country Two Systems, economy, cities' integration and diasporas.

One big challenge in coming up with the ideas and finishing the stories, I would say, is to make sure we are reviewing the city's ups and downs in the past 24 years, instead of getting wrapped in a time capsule in the past 3 years.
Read 16 tweets
Jun 4
#Now back in CWB again a few hours after the early morning stroll around Victoria Park. Parts of the busy East Point Rd and Great George St are blocked by police with dozens of officers guarding the roads. Journos are asked to stay on pedestrian and reg with police.
A yellow-clad woman trying to handout white papers to passengers is now under search by the police. Reporters are kept around 5 meters from the group, behind two plastic tapes to keep a path on pavement.
A man in black T-shirt and wearing glasses was just now taken into a police van and driven away. Didn’t see what happened and police on site declined to tell.
Read 8 tweets
May 12
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

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