Posts Tagged ‘Principal Magistrate Bina Chainrai’

Hong Kong: Democracy Protest Leaders Have Still Not Gone To Trial; Police May Have Improperly Redacted Parts of The Record — It had been a year since the alleged offences took place

October 31, 2015

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Lawyer says they may apply for court proceedings to be discontinued

By Chris Lau
The South China Morning Post

Joshua Wong, Nathan Law and Alex Chow. Photo by Edward Wong, SCMP

Student activist Joshua Wong Chi-fung and fellow protesters accused of taking part in an unlawful assembly before the Occupy protests started might ask for court proceedings against them to be dropped after securing police investigation documents.

Wong’s lawyer, Randy Shek, told Eastern Court yesterday that the legal team was considering making such an application but was still undecided because police had failed to give them some reports in full.

“They are partially disclosed,” said Shek, commenting on the reports he currently had in hand, but he said numerous entries had been covered up.

Wong, 18, convenor of student activist group Scholarism, has denied taking part in an unlawful assembly on September 26 and inciting others to take part in such assemblies.

Former Federation of Students secretary general Alex Chow Yong-kang, 25, has also pleaded not guilty to one count of taking part in an unlawful assembly on September 26 and 27.

Chow’s successor, Nathan Law Kwun-chung, 22, faces one charge of inciting others to take part in unlawful assemblies over the same two days, just before the 79-day pro-democracy movement went into full swing.

Shek told Principal Magistrate Bina Chainrai yesterday that they would apply for a disclosure order to obtain the redacted parts of the police documents.

He said the prosecution had told him that the information they were asking for was “irrelevant” and “immaterial”.

“If it is irrelevant, it would not be included in the first place,” Shek argued.

Chainrai adjourned the case to February 11 for a seven-day trial. She also arranged a hearing for the disclosure order on December 11, stressing that it had been a year since the alleged offences took place.

Prosecutors had said earlier that they would like to see the case dealt with soon because it was “straightforward”.

“If it is pretty straightforward, it should not take a year to prosecute,” Chainrai had replied.

A protest outside government headquarters in Admiralty last September resulted in demonstrators storming the space outside the complex known as “Civic Square”, but the court has not heard whether the charges relate to those events.

This article appeared in the South China Morning Post print edition as Occupy activists secure police reports

http://www.scmp.com/news/hong-kong/law-crime/article/1874225/occupy-activists-may-ask-hong-kong-court-drop-case-after

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Case against Occupy protesters including Joshua Wong ‘shouldn’t have taken a year to get to court’

September 2, 2015

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By Chris Lau
South China Morning Post

A Hong Kong magistrate today told prosecutors it should not have taken them so long to bring Occupy protesters to court, as student leaders including Joshua Wong Chi-fung appeared before her almost a year after the pro-democracy movement began.

Principal Magistrate Bina Chainrai made the comment when she responded to the prosecutor in charge of the case of student Chui Tsz-chun, one of eight defendants pleading not guilty at Eastern Court to various charges taking place about a day before the Occupy protest went into full swing last September.

 

Watch: Occupy Central student leaders including Joshua Wong pleads not guilty to charges

After the prosecutor said he would like the case to be dealt with soon as it was a “straightforward” one, Chainrai said: “If it is pretty straightforward, it should not take a year to prosecute.”

In court today, former Federation of Students secretary general Alex Chow Yong-kang, 25, faced one count of taking part in an unlawful assembly in Hong Kong between September 26-27, while his successor Nathan Law Kwun-Chung, 22, faces one charge of inciting others to take part in an unlawful assembly on the same two days.

Scholarism convenor Wong, 18, faces both charges dated September 26.

Watch: How Hong Kong’s Occupy movement began

The court has not heard details on whether these charges are related to a protest outside the government headquarters in Admiralty last September, which resulted in protesters subsequently storming into the space outside the complex known as “Civic Square”.

But Wong, when asked to make a plea, said: “Citizens have the rights to enter Civic Square.”

Wong was represented by counsel Randy Shek, while barrister Alvin Yeung appeared for the other two student activists.

Five more protesters – Chau Kwan-ting, 29, Ngan Chin-fung, 24, Wong Ho, 35, Chui, 17, and Scholarism’s Lam Shun-hin, 22 – each face one count of common assault against various policemen and security guards outside the government headquarters and Legislative Council on the same two days.

The magistrate adjourned the trio’s case, which involves 51 witnesses, to October 30 for a pre-trial session. The rest would attend their pre-trial session on October 5.

Outside the court, supporters unfurled yellow umbrellas and chanted slogans to support Wong, Law and Chow.

http://www.scmp.com/news/hong-kong/law-crime/article/1854655/case-against-occupy-protesters-including-joshua-wong

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