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DEMOCRACY
Hong Kong delays trial of pro-democracy tycoon; Protester shot by police jailed for 6 years
by AFP Staff Writers
Hong Kong (AFP) Dec 1, 2022

Jailed pro-democracy media tycoon Jimmy Lai's trial under Hong Kong's national security law was delayed Thursday as the government asked Beijing to bar Lai from being represented by a British lawyer.

Lai and several executives from the now-shuttered Apple Daily newspaper are being prosecuted for "colluding with foreign forces", an offence under the law imposed on the city after huge and sometimes violent protests in 2019.

After local courts said London-based lawyer Tim Owen could represent Lai, Hong Kong's leader asked China's top lawmaking body to decide whether overseas lawyers could participate in national security cases.

The trial was set to start Thursday but was adjourned to December 13 for prosecutors to come up with a new timetable, pending any move from Beijing.

Defence lawyers also revealed that Hong Kong immigration authorities had "withheld the extension" of Owen's current work visa without disclosing a reason.

Owen had already been granted a visa as he was working on another Hong Kong case, the defence said, but did not specify when the visa will expire.

AFP has contacted the Immigration Department for comment.

Lawyers from common law jurisdictions are able to work within Hong Kong's legal system, particularly in cases where their specific expertise may be required.

Owen is a king's counsel -- a senior trial lawyer in Britain -- and has previously worked on high-profile criminal cases in the financial hub.

The government earlier argued in court that letting overseas lawyers work on national security cases posed a risk, as there was no way to ensure the confidentiality of state secrets.

When the Court of Final Appeal sided against the government on Monday, city leader Lee said he would ask Beijing to intervene by issuing an "interpretation" of the national security law.

This was the first time Hong Kong invoked the mechanism under the law that allows Beijing to have the final say on how it operates.

Lai, 74, is one of Hong Kong's best-known pro-democracy activists. He faces up to life in prison if convicted.

He is already in jail for taking part in an illegal protest.

For years, his Apple Daily tabloid newspaper was scathing in its criticism of China's Communist Party and openly supportive of democracy.

It collapsed last year after its funds were frozen under the security law and many of its senior staff were charged alongside Lai, primarily for their campaigning for international sanctions against China.

Protester shot by Hong Kong police jailed for six years
Hong Kong (AFP) Nov 30, 2022 - A Hong Kong man shot by police at point-blank range during democracy protests in 2019 was jailed for six years Wednesday on charges that included trying to snatch the firearm that wounded him.

Chow Pak-kwan, 23, lost his right kidney and was injured in his liver and spine after a traffic cop shot him at a road intersection amid clashes between protesters and the authorities.

Footage of the incident showed an officer drawing his gun, pointing it at protesters blocking the road, grappling with one of them and eventually firing at Chow, who was unarmed.

Judge Adriana Noelle Tse Ching sentenced Chow to six years in jail for attempted robbery, obstructing a police officer and attempting to escape from custody.

The judge said Chow's attempt to grab the officer's gun could have inflamed the crowd's emotions and was a factor contributing to the lengthy sentence.

Another defendant in the case, Woo Tsz-kin, 22, was also jailed for six years after being found guilty of obstructing a police officer and attempted robbery.

The protest took place near the height of Hong Kong's citywide protests three years ago, which began in opposition to a proposed extradition bill before growing to include calls for greater freedoms.

Rights activists have criticised police for using excessive force to quell protests, with Chow's shooting sometimes cited as an example.

Police have insisted that officers were acting in accordance with the law and following internal protocols.

As of August, Hong Kong had arrested nearly 10,300 people over the 2019 democracy protests and have prosecuted or initiated legal proceedings against 2,900 of them, according to police.


Related Links
Democracy in the 21st century at TerraDaily.com


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