China News
SINO DAILY
Australian judge sides with Hong Kong govt in ex-lawmaker case
Australian judge sides with Hong Kong govt in ex-lawmaker case
by AFP Staff Writers
Hong Kong (AFP) April 1, 2025

An Australian judge sitting on Hong Kong's top court sided with the government on Tuesday to rule against former pro-democracy lawmaker Lam Cheuk-ting who was jailed for revealing an anti-graft probe.

Hong Kong, a common law jurisdiction, invites overseas judges to hear cases at its Court of Final Appeal and their presence has been seen as a rule of law barometer for the former British colony.

James Allsop, a former chief justice of the Federal Court of Australia, took up his Hong Kong appointment last year just as the apex court was hit with an exodus of foreign judges, some of whom cited Beijing's political crackdown as a reason for leaving.

In his second-ever judgment in Hong Kong, Allsop cast the swing vote that broke the deadlock between four local judges and handed the government a 3-2 win -- a rare outcome for a court not known for dissenting opinions.

At trial, Lam was found guilty of naming a police superintendent being investigated by the Independent Commission Against Corruption (ICAC).

Hong Kong law forbids revealing the identity of anyone being probed by the anti-corruption watchdog.

The superintendent was in charge of an investigation into a mob attack -- in which Lam was injured -- at a railway station in July 2019, at the height of Hong Kong's huge pro-democracy protests.

Police were accused of being slow to react that night, and the subsequent lack of arrests fuelled allegations of collusion with organised crime -- which the force repeatedly denied.

At the time, Lam cited "public interest" grounds to disclose that the ICAC was probing the police superintendent in charge of the case.

Lam was handed four months in jail, though his sentenced was overturned on appeal.

On Tuesday, Hong Kong's top court restored Lam's conviction and sentence on a technical point of legal interpretation.

Allsop wrote that the law forbidding disclosure was meant to protect the investigation's "integrity and efficacy" by not tipping off the people involved.

"If such were not prohibited, it might be thought that the protection of the integrity of the investigation actually being carried on was barely, or but weakly, protected by the (law)," Allsop added.

Beijing has tightened its grip on Hong Kong in the wake of the 2019 protests, imposing a national security law which officials said was needed to restore order.

Lam is already serving a sentence of nearly seven years, having been convicted last year in a separate case alongside other opposition figures under the security law.

In February, a judge added nearly three years to Lam's time behind bars after convicting him of rioting in relation to the 2019 mob attack -- despite the defence arguing that Lam had been a victim.

Five overseas judges have quit Hong Kong's top court without finishing their terms since the security law was enacted in 2020. Four others have not renewed their appointments.

Allsop is one of six remaining "overseas non-permanent judges" and his term runs until May 2027.

Related Links
China News from SinoDaily.com

Subscribe Free To Our Daily Newsletters
Tweet

RELATED CONTENT
The following news reports may link to other Space Media Network websites.
SINO DAILY
China says acted 'in accordance with the law' after 4 Canadians executed
Beijing (AFP) Mar 20, 2025
China said on Thursday it acted "in accordance with the law" despite condemnation from Canada over the execution of four Canadian citizens in recent weeks. Canada's Foreign Minister Melanie Joly told reporters in Ottawa on Wednesday that China had executed four Canadian citizens in recent weeks, defying pleas from Ottawa for leniency. "We strongly condemn the executions that did happen against Canadians in China," Joly said. She said she was unable to discuss details of the case due to pri ... read more

SINO DAILY
China's Galactic Energy expands Yunyao satellite network with successful launch

Shenzhou XIX astronauts complete third spacewalk outside Tiangong

Hong Kong spearheads lunar robotics initiative for national space program

Joint initiatives to propel China's commercial space industry forward

SINO DAILY
China, South Korea and Japan agree to strengthen free trade

Tariff-hit British Steel confirms plan to shut blast furnaces

Japan's Nikkei leads big losses in Asian markets as gold hits record

Chinese regulator to vet Panama ports deal: Hong Kong media

SINO DAILY
SINO DAILY
US defence chief visits Philippines dogged by scandal at home

French FM says China can help bring Russia to Ukraine negotiating table

NATO says response to attack on allies would be 'devastating'

China, Beijing's ties with Russia main threats to US: intel report

SINO DAILY
Framatome and TechnicAtome complete acquisition of valve manufacturer

Framatome to upgrade digital systems at Swiss Leibstadt nuclear facility

WPI researcher to explore efficient uranium extraction from industrial wastewater

Trump floats US takeover of Ukraine's NPPs; Zelensky plays down prospect

SINO DAILY
Top US senators demand probe into chat scandal

In Turkey, new technologies reinforce repression

Taiwan sentences four soldiers for spying for China

Sensitive British military papers found strewn across street

SINO DAILY
Framatome and TechnicAtome complete acquisition of valve manufacturer

Framatome to upgrade digital systems at Swiss Leibstadt nuclear facility

WPI researcher to explore efficient uranium extraction from industrial wastewater

Trump floats US takeover of Ukraine's NPPs; Zelensky plays down prospect

SINO DAILY
Chinese energy giant Goldwind posts annual growth as overseas drive deepens

Clean energy giant Goldwind leads China's global sector push

Engineers' new design of offshore energy system clears key hurdle

Student refines 100-year-old math problem, expanding wind energy possibilities

Subscribe Free To Our Daily Newsletters




The content herein, unless otherwise known to be public domain, are Copyright 1995-2024 - Space Media Network. All websites are published in Australia and are solely subject to Australian law and governed by Fair Use principals for news reporting and research purposes. AFP, UPI and IANS news wire stories are copyright Agence France-Presse, United Press International and Indo-Asia News Service. ESA news reports are copyright European Space Agency. All NASA sourced material is public domain. Additional copyrights may apply in whole or part to other bona fide parties. All articles labeled "by Staff Writers" include reports supplied to Space Media Network by industry news wires, PR agencies, corporate press officers and the like. Such articles are individually curated and edited by Space Media Network staff on the basis of the report's information value to our industry and professional readership. Advertising does not imply endorsement, agreement or approval of any opinions, statements or information provided by Space Media Network on any Web page published or hosted by Space Media Network. General Data Protection Regulation (GDPR) Statement Our advertisers use various cookies and the like to deliver the best ad banner available at one time. All network advertising suppliers have GDPR policies (Legitimate Interest) that conform with EU regulations for data collection. By using our websites you consent to cookie based advertising. If you do not agree with this then you must stop using the websites from May 25, 2018. Privacy Statement. Additional information can be found here at About Us.