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 by AFP Staff Writers Hong Kong (AFP) Aug 18, 2022
Reporting restrictions blanketing Hong Kong's largest national security prosecution were lifted on Thursday following an earlier a High Court ruling, shedding new light on pre-trial hearings that have dragged on for more than a year. Beijing imposed a sweeping security law on Hong Kong after huge and sometimes violent democracy protests. The law has criminalised most dissent and transformed the once outspoken city into something more closely resembling the authoritarian mainland. The largest joint prosecution so far is of 47 leading democracy activists, most of whom have been held behind bars for over a year as prosecution and defence lawyers prepare for an eventual trial in what is new legal territory. They are charged with "conspiracy to commit subversion" for organising an unofficial primary election. Repeated requests by the defendants to lift reporting restrictions covering those hearings were denied by their trial judge Peter Law. But earlier this month a more senior judge declared such requests must be granted, and on Thursday Law agreed to lift the restrictions. - Vague charges? - During many of the pre-trial proceedings, which can now be reported for the first time, defendants have described feeling pressured by prosecutors to plead to what they believe are vague charges. Defence lawyers have also argued that prosecutors have not properly detailed what the conspiracy is that their clients are alleged to have taken part in. "The prosecution has been allowed to dance around and change and add (to the charges)," veteran barrister Gladys Li argued at one of the hearings. "We will not be held at a gun point to offer a plea," she added. The prosecution has denied being vague on the charges. The 47 defendants are some of Hong Kong's best known dissidents, ranging from moderate reformists and former lawmakers to more radical China critics. Some, like Joshua Wong and Benny Tai, are already serving sentences for protest-related convictions. As the case has wound its way through the courts, most have opted to plead guilty -- a step that usually entitles them to a reduced sentence. So far just 18 defendants have opted for a full trial. It is still not clear when the trial will begin, and those in the dock face up to life in jail. On Tuesday, AFP reported that Hong Kong's justice minister has ordered a no-jury trial for the 47 democracy defendants. Instead it will be adjudicated by three handpicked national security judges. China says the security law has reimposed stability after 2019's protests. Critics say it has eviscerated Hong Kong's freedoms and brought Chinese mainland-style laws into a business hub renowned for its common law legal system. Two senior British judges who used to sit occasionally on Hong Kong's top court stepped down earlier this year because of concerns over the security law.
Non-jury trial ordered for Hong Kong's largest security case Trial by jury has been used by Hong Kong's common law legal system for 177 years but legislation imposed by China in 2020 to curb dissent allows cases to be heard by dedicated national security judges. Some 47 defendants including democratically elected lawmakers, unionists and academics have been charged with "conspiracy to subversion" for organising an unofficial primary election among democrats two years ago. An order signed by new Secretary for Justice Paul Lam dated Saturday cited the "involvement of foreign elements" in the case as a reason to depart from the tradition of jury trial. It also cited the "personal safety of jurors and their family members" and a "risk of perverting the course of justice if the trial is conducted with a jury". Instead the trial will be heard by three judges who have been handpicked by the government to try national security cases. The documents seen by AFP showed preparatory hearings for the trial would be conducted before a panel of three judges in an open court in September and November. AFP has asked Hong Kong's Department of Justice for comment. The trial is the second national security case to be handled without a jury in Hong Kong. In the first last year, motorcyclist Tong Ying-kit was sentenced to nine years in jail after losing a judicial challenge against the non-jury arrangement. Trial by jury has been described by the justice department as one of the Hong Kong judiciary's "most important features". But a national security law imposed in 2020 states that a jury can be excluded if there is a need to protect state secrets or the safety of jurors and their families, as well as if "foreign forces" are involved. The 47 defendants in the present case are political figures ranging from modest reformists to radical localists. Their case was first brought to court in March last year when most of the group were denied bail after a marathon four-day hearing before a security magistrate. Journalists have been prevented from reporting on most of the pre-trial hearings.
China use of psychiatric hospitals to punish activists 'widespread': report Madrid (AFP) Aug 17, 2022 China's use of psychiatric hospitals to imprison activists without due process remains routine, a rights group has said, accusing doctors and the healthcare system of colluding with authorities in punishing dissidents. Beijing authorities for decades used the country's system of psychiatric hospitals, known as Ankang, to punish political prisoners. A report released Tuesday by Madrid-based NGO Safeguard Defenders said the practice continues, despite reforms in the early 2010s that required medic ... read more
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