Even a judge raises eyebrow at detention without trial

Former lawmaker Gary Fan – one of dozens of pro-democrats jailed in February 2021 without bail to await trial for participating in the mid-2020 primary election. Later in 2021, he tried to get bail, but

High Court judge Esther Toh upheld her decision to deny bail to Fan arguing that he was a “determined and resolute man” who called for all parties to act together in opposing the government.

He recently tried again, his submission stating that…

(1)  The health conditions of the Applicant’s parents and sister have deteriorated;

(2)  the procedural development in WKCC 813/2021 suggested that there will be a long delay before trial, and Ms Ng submitted that the earliest realistic trial date will be somewhere in mid-2023;

(3)  the Applicant has already severed all political affiliations and resigned from all public offices.  So objectively his political life has ended. 

Therefore, his main priority now is his family, and therefore, the possibility he will continue to commit acts endangering national security is virtually non-existent.

What does Judge Toh decide this time? What do you think? However, she goes to some lengths to urge prosecutors to speed up the trials. (HKFP story.)

Samuel Bickett on the use of pre-trial detention in these cases.

An HKFP op-ed looks at another judge’s questionable measures to ensure order in court.

Other stuff…

Further to the Foreign Correspondents Club’s self-censorship, the Guardian on Hong Kong Watch’s report on press freedom in Hong Kong. 

Stating the obvious, but nonetheless interesting to hear it straight… 

Police officers outshone bureaucrats and won Beijing’s trust to take on Hong Kong’s top jobs after they showcased their qualities and overcame difficult circumstances during the social unrest of 2019, according to the force’s outgoing deputy chief.

As well as rights and freedoms, things aren’t looking good for the old bureaucrat-tycoon crony-nexus. 

If you think Hong Kong shoe-shining isn’t sufficiently odious, try the Mainland type

Eager not to be left behind in the race to bend the knee before Xi, top leaders in Guangdong province sent strong signals of obedience during a meeting [in which] governor Wang Weizhong (王伟中) was quoted as using the phrase “Ever grateful to the general secretary” (始终感恩感怀总书记) no less than 10 times in his address.

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12 Responses to Even a judge raises eyebrow at detention without trial

  1. Mark Bradley says:

    *sigh* these NSL stooge magistrates and jurists are a massive disappointment. Complete sellouts. They alongside opportunistic barristers and solicitors seem to be all about warping the rule of law or turning a blind eye to rule by law as long as they are getting paid.

  2. Chinese Netizen says:

    Mark Bradley said: “*sigh* these NSL stooge magistrates and jurists are a massive disappointment. Complete sellouts. They alongside opportunistic barristers and solicitors seem to be all about warping the rule of law or turning a blind eye to rule by law as long as they are getting paid.”

    And this is surprising or revelatory in what way? Either go along with the program, sell any soul you might have and make yourself believe you’re working for the betterment of Hong Kong under the CCP or face groundless attacks on your character, professional destruction and pariah status in a city where living at the standards in which you’re accustomed can be a bitch if your career is done before you’d planned.

    Sanction the F out of them (stooge magistrates and jurists) and make sure they can never return to their Plan B country (UK or Canada in most cases). Force them to live out their days in the city they helped mold into compliance.

  3. Mark Bradley says:

    “Sanction the F out of them (stooge magistrates and jurists) and make sure they can never return to their Plan B country (UK or Canada in most cases). Force them to live out their days in the city they helped mold into compliance.”

    Indeed and I am frustrated how that western countries haven’t been bothering to sanction stooge jurists and magistrates yet. This needs to start happening. The HK sanctions are pretty weak so far; UK hasn’t even bothered which is pathetic.

  4. Low Profile says:

    You might think that the prosecution can’t have much of a case if it takes them a couple of years to put it together. I couldn’t possibly comment, of course.

  5. Kwun Tong Bypass says:

    And in the meantime, the Sinkie Gahmen, the mentors of the commies and role model for the HK puppets, hangs a 34-year-old 69 IQ drug TRAFFICKERRR (43 grams of heroin), after they have kept him in the slammer for over 1o years ….
    Rule by fear!
    Now showing in the courthouse near you!

  6. Mark Bradley says:

    “And in the meantime, the Sinkie Gahmen, the mentors of the commies and role model for the HK puppets, hangs a 34-year-old 69 IQ drug TRAFFICKERRR (43 grams of heroin), after they have kept him in the slammer for over 1o years ….
    Rule by fear!”

    The most pathetic part is the psychiatrist HIRED BY THE DEFENCE agreed with state psychiatrists that the condemned was not intellectually disabled despite the IQ of 69. That is pretty disgusting as a psychiatrist is a medical doctor that is supposed to uphold the Hippocratic oath.

    For comparison, the state of Florida had a cut off where if your IQ is under 71 you are too intellectually disabled for the death penalty though this was overturned by the supreme court which stated that all intellectually disabled people should be spared the death penalty and there should be no arbitrary cut off.

  7. Pope Innocent says:

    Sanctions are a bit extreme. Much easier to publish a database of where they live in Hong Kong or overseas, and let upstanding citizens take care of them and their families, friends, pets, and employees.

  8. justsayin says:

    Let’s rev up the flux capacitor on the Hongqi time machine so that the 47 can get a speedy trial after arrest in 2021.

  9. A Poor Man says:

    The government has just approved a list of 27 overseas medical schools whose graduates will be given the opportunity to qualify to work in local hospitals. Most of the schools are in the US, where studying medicine is done as a second degree. It seems highly unlikely that students that want to study medicine and to work in HK as medical doctors will be willing to spend approximately 10 years to do so when easier/shorter paths exists.

    I see this program going the way of the food truck program. It will always exist on paper, but no one will participate. A great non-solution to a really serious problem. Boy am I glad that patriots are in charge of a rapidly aging Hong Kong that will need more medical care in the future.

  10. Chinese Netizen says:

    “Boy am I glad that patriots are in charge of a rapidly aging Hong Kong that will need more medical care in the future.” ~A Poor Man

    Thailand’s medical tourism/retirement industry will be BOOMING.

    But by then HK will be a thriving HUB© for “innovation” and “cultural exchange” according to Ken Chu of the SCCPMP.

  11. Chris says:

    Based on the weakness of many of these cases and the efficiency with which prosecutors are assembling evidence to bring them to trial, the patriot government needs to think seriously about intergenerational prosecution and how to punish the ancestors of these teenagers once they have passed away in jail while awaiting judgement.

  12. Chinese Netizen says:

    “assembling evidence”???

    Since when was this a prerequisite under NSL?

    Manufacturing, perhaps.

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