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Appointment of the Director of Public Prosecutions
LCQ9: Appointment of the Director of Public Prosecutions ********************************************** Following is a question by the Hon Dennis Kwok and a written reply by the Secretary for Justice, Ms Teresa Cheng, SC, in the Legislative Council today (January 30): Question: The Government announced by a notice published in the Gazette on December 29, 2017 that the Chief Executive (CE) had, on the same date, appointed a Principal Government Counsel of the Department of Justice (DoJ) as the Director of Public Prosecutions (DPP) (with the following remark in the notice: Acting as Law Officer). Later on, the Government announced by a notice published in the Gazette on January 11, 2019 that CE had appointed the said person as DPP on June 29, 2018. Regarding the appointment of DPP, will the Government inform this Council: (1) of the criteria and procedure for the selection of DPP by the DoJ; (2) as the aforesaid person was officially promoted to DPP on June 29, 2018, of the reasons why not until more than half a year later (i.e. January 11, 2019) did the Government publish the appointment concerned in the Gazette; and (3) of the respective durations of the acting appointments (if any) in respect of the successive DPPs since July 1, 1997? Reply: President, In consultation with the Civil Service Bureau (CSB), the consolidated reply is set out as follows: (1) The selection criteria for the Director of Public Prosecutions (DPP) included professional competence, integrity, knowledge and experience in criminal law and prosecution work, judgement, leadership, communication skills and vision, etc. Following the established appointment procedures for civil servants, the selection procedures comprised setting up a selection board and formulating the selection criteria, etc. -
Chapter 6 Hong Kong
CHAPTER 6 HONG KONG Key Findings • The Hong Kong government’s proposal of a bill that would allow for extraditions to mainland China sparked the territory’s worst political crisis since its 1997 handover to the Mainland from the United Kingdom. China’s encroachment on Hong Kong’s auton- omy and its suppression of prodemocracy voices in recent years have fueled opposition, with many protesters now seeing the current demonstrations as Hong Kong’s last stand to preserve its freedoms. Protesters voiced five demands: (1) formal with- drawal of the bill; (2) establishing an independent inquiry into police brutality; (3) removing the designation of the protests as “riots;” (4) releasing all those arrested during the movement; and (5) instituting universal suffrage. • After unprecedented protests against the extradition bill, Hong Kong Chief Executive Carrie Lam suspended the measure in June 2019, dealing a blow to Beijing which had backed the legislation and crippling her political agenda. Her promise in September to formally withdraw the bill came after months of protests and escalation by the Hong Kong police seeking to quell demonstrations. The Hong Kong police used increasingly aggressive tactics against protesters, resulting in calls for an independent inquiry into police abuses. • Despite millions of demonstrators—spanning ages, religions, and professions—taking to the streets in largely peaceful pro- test, the Lam Administration continues to align itself with Bei- jing and only conceded to one of the five protester demands. In an attempt to conflate the bolder actions of a few with the largely peaceful protests, Chinese officials have compared the movement to “terrorism” and a “color revolution,” and have im- plicitly threatened to deploy its security forces from outside Hong Kong to suppress the demonstrations. -
Hong Kong: in the Name of National Security Human Rights Violations Related to the Implementation of the Hong Kong National Security Law
HONG KONG: IN THE NAME OF NATIONAL SECURITY HUMAN RIGHTS VIOLATIONS RELATED TO THE IMPLEMENTATION OF THE HONG KONG NATIONAL SECURITY LAW Amnesty International is a global movement of more than 10 million people who campaign for a world where human rights are enjoyed by all. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. © Amnesty International 2021 Except where otherwise noted, content in this document is licensed under a Creative Commons (attribution, non-commercial, no derivatives, international 4.0) licence. https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode For more information please visit the permissions page on our website: www.amnesty.org Where material is attributed to a copyright owner other than Amnesty International this material is not subject to the Creative Commons licence. First published in 2021 by Amnesty International Ltd Peter Benenson House, 1 Easton Street London WC1X 0DW, UK Index: ASA 17/4197/2021 June 2021 Original language: English amnesty.org CONTENTS INTRODUCTION 2 1. BACKGROUND 3 2. ACTS AUTHORITIES CLAIM TO BE ‘ENDANGERING NATIONAL SECURITY’ 5 EXERCISING THE RIGHT OF PEACEFUL ASSEMBLY 5 EXERCISING THE RIGHT TO FREEDOM OF EXPRESSION 7 EXERCISING THE RIGHT TO FREEDOM OF ASSOCIATION 9 ENGAGING IN INTERNATIONAL POLITICAL ADVOCACY 10 3. HUMAN RIGHTS VIOLATIONS ENABLED BY THE NSL 12 STRINGENT THRESHOLD FOR BAIL AND PROLONGED PERIOD OF PRETRIAL DETENTION 13 FREEDOM OF MOVEMENT 15 RETROACTIVITY 16 SPECIALLY APPOINTED JUDGES 16 RIGHT TO LEGAL COUNSEL 17 ADEQUATE TIME AND FACILITIES TO PREPARE A DEFENCE 17 4. -
Speech by Mr Keith Yeung, SC, Director of Public Prosecutions At
Speech by Mr Keith Yeung, SC, Director of Public Prosecutions at the Closing Ceremony of the “Criminal Law Conference 2017” on Saturday, 20 May 2017 Distinguished guests, ladies and gentlemen, friends, 1. David Leung SC said that he is the person between you and the door. Uncharacteristic of him, he was wrong. It is me. Now we are really towards the end of the programme. And it has been a very very long day. But I am sure, you, like me, are not tired. You have seen me fighting for air time, and I am quite prepared to go on for two more hours. No, of course I am not going to do that. But before I can release you, I still have to do a couple of things. Firstly, of course, I want to thank our guests Judge Young and Professor Ormerod, and our speakers, and all of you, our guests, being here sacrificing a precious Saturday, more and more precious these days, and to be here to share with us your views and give us this tremendous atmosphere. Can I invite you to give yourself a big hand? And secondly, it would be useful if we can have a short stock-take as to what we have discussed today. 2. We started off with the issue of “active case management”. We all know it is closely related to our new Practice Direction 9.3, which is going to come into operation on 12 June this year. I have said this previously, and I adhere to this, that the practice direction is going to be the most important of its kind in the last 20 years. -
Hong Kong's National Security
FEBRUARY 2021 HONG KONG’S NATIONAL SECURITY LAW: A Human Rights and Rule of Law Analysis by Lydia Wong and Thomas E. Kellogg THE NATIONAL SECURITY LAW constitutes one of the greatest threats to human rights and the rule of law in Hong Kong since the 1997 handover. This report was researched and written by Lydia Wong (alias, [email protected]), research fellow, Georgetown Center for Asian Law; and Thomas E. Kellogg ([email protected]), executive director, Georgetown Center for Asian Law, and adjunct professor of law, Georgetown University Law Center. (Ms. Wong, a scholar from the PRC, decided to use an alias due to political security concerns.) The authors would like to thank three anonymous reviewers for their comments on the draft report. We also thank Prof. James V. Feinerman for both his substantive inputs on the report, and for his longstanding leadership and guidance of the Center for Asian Law. We would also like to thank the Hong Kongers we interviewed for this report, for sharing their insights on the situation in Hong Kong. All photographs by CLOUD, a Hong Kong-based photographer. Thanks to Kelsey Harrison for administrative and publishing support. Contents EXECUTIVE SUMMARY i The National Security Law: Undermining the Basic Law, Threatening Human Rights iii Implementation of the NSL iv I INTRODUCTION 1 THE HONG KONG NATIONAL SECURITY LAW: II A HUMAN RIGHTS AND RULE OF LAW ANALYSIS 6 The NSL: Infringing LegCo Authority 9 New NSL Structures: A Threat to Hong Kong’s Autonomy 12 The NSL and the Courts: Judicial -
Speech by Director of Public Prosecutions, Mr David Leung, SC
Speech by Director of Public Prosecutions, Mr David Leung, SC at the Opening Ceremony of the Prosecution Week 2018 on 22 June 2018 (Friday) Secretary for Justice, Chairman of the Bar, Vice President of the Law Society, colleagues in the Department of Justice and from other government departments, distinguished guests, ladies and gentlemen: First of all, on behalf of the Prosecutions Division (PD), I would like to thank you all for coming today to the Opening Ceremony of the Prosecution Week 2018. The PD of the Department of Justice has organized this annual event for the 7th consecutive year since 2012. Our aim is to promote the Rule of Law and to enhance the public awareness of the Hong Kong criminal justice system. With a properly informed public in understanding how the criminal justice system operates, the stronger the public confidence in criminal justice system and the Rule of Law is in Hong Kong. Borrowing from the words of the Chief Justice in his address to the newly appointed Senior Counsel earlier this month, 1 without the confidence of the community, “the system – however good it is and however lauded it is by others – will have failed”1. To achieve this goal, PD has always been carrying out its duties to the highest professional standard in accordance with the Law. In the Prosecution Code, it has stated in the very first paragraph the duties and standard of Public Prosecutors:- “A prosecutor is required to act in the general Public Interest, but independently as a “Minister of Justice”. In making decisions and exercising discretion a prosecutor must act fairly and dispassionately on the basis of the Law, the facts provable by the admissible evidence, other relevant information known to the prosecution and any applicable policy or guidelines.” This leads me to introduce to you the theme of this year’s Prosecution Week: “The Law • Transparency • Public Interest”. -
Appointment of the Director of Public Prosecutions
Appointment of the Director of Public Prosecutions (with photo) ********************************************** The Department of Justice (DoJ) announced today (December 29) the appointment of Principal Government Counsel Mr David Leung Cheuk-yin, SC, as the Director of Public Prosecutions, to head the Prosecutions Division of the Department, with effect from December 29. Mr Leung was selected for the position through a promotion-cum-open recruitment exercise. Welcoming the appointment, the Secretary for Justice, Mr Rimsky Yuen, SC, said that Mr Leung is a veteran prosecutor who has extensive professional experience in criminal law and strong leadership skills to lead the Prosecutions Division in its important work of public prosecutions. "Mr Leung is an outstanding senior counsel. I have every confidence that he will lead the Prosecutions Division ably to meet the challenges ahead and discharge his role as the Director of Public Prosecutions in a fair and just manner," said Mr Yuen. Mr Yuen again expressed his gratitude to Mr Keith Yeung Ka-hung, SC, who has completed his tenure as Director of Public Prosecutions in September, for his great and valuable contribution during his term of service. Ranked at Law Officer (DL6) level, the Director of Public Prosecutions is responsible for directing public prosecutions and advising on the development, enforcement and implementation of the criminal law. A brief biographical note on Mr Leung is set out below: Mr David Leung Cheuk-yin, SC, aged 51, was admitted as solicitor in Hong Kong in 1992 and subsequently called to the Bar in 1998. He has over 25 years' post admission experience in the legal profession. -
Hong Kong Island Tat Cheng Arrested Fergus Leung Arrested Tiffany
Hong Kong Island Tat Cheng Arrested Fergus Leung Arrested Tiffany Yuen Arrested Clarisse Yeung Arrested Andy Chui Arrested Michael Pang Arrested Nathan Law In self-exile Ted Hui In self-exile Kowloon West Jimmy Sham Arrested Claudia Mo Arrested Lawrence Lau Arrested Helena Wong Arrested Nathan Lau Arrested Kalvin Ho Arrested Jeffrey Andrews Arrested Frankie Fung Arrested Sunny Cheung In self-exile Kowloon East Jeremy Tam Arrested Wu Chi-wai Arrested Sze Tak-loy Arrested Kinda Li Arrested Joshua Wong Imprisoned Tam Tak-chi Imprisoned New Territories West Carol Ng Arrested Prince Wong Arrested Sam Cheung Arrested Eddie Chu Arrested Kwok Ka-ki Arrested Andrew Wan Arrested Ng Kin-wai Arrested Roy Tam Arrested New Territories East Alvin Yeung Arrested Leung Kwok-hung Arrested Ray Chan Arrested Lam Cheuk-ting Arrested Gwyneth Ho Arrested Owen Chow Arrested Ricky Or Arrested Hendrick Lui Arrested Gary Fan Arrested Lee Chi-yung Arrested Ventus Lau Arrested Mike Lam Arrested Functional Constituency – District Council II James To Arrested Shun Lee Arrested Henry Wong Arrested Lester Shum Arrested Roy Kwong Arrested Functional Constituency – Health Services Lau Hoi-man Arrested Joseph Lee Kok-long Arrested Ricky Yuen Arrested Winnie Yu Arrested Other primary election organisers Benny Tai Primaries organiser Arrested Robert Chung Primaries co-organiser, executive director of PORI Assistance requested for investigation Andrew Chiu Power for Democracy convenor Arrested John Clancey Power for Democracy treasurer Arrested Ben Chung Power for Democracy deputy convenor Arrested Au Nok-hin Primaries coordinator Arrested Gordon Ng Ching-hang Activist advocating for the primaries Arrested . -
Hong Kong: in the Name of National Security Human Rights Violations Related to the Implementation of the Hong Kong National Security Law
HONG KONG: IN THE NAME OF NATIONAL SECURITY HUMAN RIGHTS VIOLATIONS RELATED TO THE IMPLEMENTATION OF THE HONG KONG NATIONAL SECURITY LAW Amnesty International is a global movement of more than 10 million people who campaign for a world where human rights are enjoyed by all. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. © Amnesty International 2021 Except where otherwise noted, content in this document is licensed under a Creative Commons (attribution, non-commercial, no derivatives, international 4.0) licence. https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode For more information please visit the permissions page on our website: www.amnesty.org Where material is attributed to a copyright owner other than Amnesty International this material is not subject to the Creative Commons licence. First published in 2021 by Amnesty International Ltd Peter Benenson House, 1 Easton Street London WC1X 0DW, UK Index: ASA 17/4197/2021 June 2021 Original language: English amnesty.org CONTENTS INTRODUCTION 2 1. BACKGROUND 3 2. ACTS AUTHORITIES CLAIM TO BE ‘ENDANGERING NATIONAL SECURITY’ 5 EXERCISING THE RIGHT OF PEACEFUL ASSEMBLY 5 EXERCISING THE RIGHT TO FREEDOM OF EXPRESSION 7 EXERCISING THE RIGHT TO FREEDOM OF ASSOCIATION 9 ENGAGING IN INTERNATIONAL POLITICAL ADVOCACY 10 3. HUMAN RIGHTS VIOLATIONS ENABLED BY THE NSL 12 STRINGENT THRESHOLD FOR BAIL AND PROLONGED PERIOD OF PRETRIAL DETENTION 13 FREEDOM OF MOVEMENT 15 RETROACTIVITY 16 SPECIALLY APPOINTED JUDGES 17 RIGHT TO LEGAL COUNSEL 17 ADEQUATE TIME AND FACILITIES TO PREPARE A DEFENCE 18 4. -
Minutes Have Been Seen by the Administration)
立法會 Legislative Council LC Paper No. CB(1)757/10-11 (These minutes have been seen by the Administration) Ref: CB1/PS/1/08/1 Panel on Transport Subcommittee on Matters Relating to Railways Minutes of special meeting on Monday, 20 September 2010, at 4:30 pm in the Chamber of the Legislative Council Building Members present : Hon Miriam LAU Kin-yee, GBS, JP (Chairman) Hon LAU Kong-wah, JP Hon LI Fung-ying, SBS, JP Hon WONG Kwok-hing, MH Hon Ronny TONG Ka-wah, SC Hon KAM Nai-wai, MH Hon WONG Sing-chi Hon IP Wai-ming, MH Hon LEUNG Kwok-hung Hon Albert CHAN Wai-yip Members attending : Hon James TO Kun-sun Hon LAU Wong-fat, GBM, GBS, JP Hon Priscilla LEUNG Mei-fun Members absent : Ir Dr Hon Raymond HO Chung-tai, SBS, S.B.St.J., JP Hon Andrew CHENG Kar-foo Hon Abraham SHEK Lai-him, SBS, JP Hon LEE Wing-tat Hon Jeffrey LAM Kin-fung, SBS, JP - 2 - Hon CHEUNG Hok-ming, GBS, JP Hon Mrs Regina IP LAU Suk-yee, GBS, JP Public Officers : Agenda item I attending Mr YAU Shing-mu Under Secretary for Transport and Housing Mr Fletch CHAN Principal Assistant Secretary for Transport and Housing Mr Raymond HO Government Engineer (Railway Development) Highways Department Mr Daniel LAM Acting Chief Engineer (Railway Development) Highways Department Mr Edmund TSUI Engineer (Railway Development) Highways Department Attendance by : Agenda item I invitation MTR Corporation Limited Mr Paul LO General Manager (Express Rail Link) Miss Maggie SO Senior Manager – Projects and Property Communications Mr Albert LAM Construction Manager – XRL Terminus - 3 - Individual Mr -
Analysis the Umbrella Movement and Hong Kong's Legco Election
2017/3/22 The Umbrella Movement and Hong Kong’s Legco Election – China Policy Institute: Analysis China Policy Institute: Analysis The Umbrella Movement and Hong Kong’s Legco Election Wrien by Ho Ming‑sho. A couple of weeks before the second anniversary of the 2014 Umbrella Movement, the massive 11‑ week street occupation demanding genuine suffrage of the Chief Executive election, Hong Kongers headed to the polling station to vote for Legislative Council members. The election demonstrated the continuing influence of the Umbrella protests. In terms of seat distribution, the results appear to be a continuation of the political stalemate of the last election in 2012. Among the total 70 seats, the pro‑establishment camp obtained 40 seats, down from 42, while the pan‑democratic parties and others received 30 seats, up from 28. The opposition’s slight seat gain is not expected to change the existing political balance. The opposition camp still can adopt the filibuster tactic to postpone controversial issues indefinitely. This is because it succeeded in maintaining a majority of popularly elected geographic constituencies (19 out of 35), so that the pro‑ government camp is prevented from revising the procedural rules to outlaw the filibuster. It also holds more than one‑third of total seats, the necessary threshold to veto government‑proposed political reform packages. hWttpsi:t//hcp itahnaely seisx.oprge/2c0t1e6/d09 /c12o/tnhetiunmubraeltlaiomno voemf etnhtean sdthaongdkonffgs bleegctoweeleectnio nt/he pro‑Beijing forces and the pro‑democrac1y/3 2017/3/22 The Umbrella Movement and Hong Kong’s Legco Election – China Policy Institute: Analysis With the expected continuation of the standoff between the pro‑Beijing forces and the pro‑democracy camp, it is of interest to understand how the Umbrella Movement affected this election. -
Revised Edition Was Completed on March 31, 2020 When the Movement Was Completely Overtaken by the Coronavirus Pandemic
Hong Kong Public Opinion Research Institute Anti-Extradition Bill Movement Project Citizens Foundation Public Sentiment Report Research Team Principal Investigator: Robert Chung 鍾庭耀 Co-Investigator: Alice Siu 蕭瑩敏 Project Coordinator: Winnie Lee 李頴兒 Project Assistant: Victor Lam 林衛然 Translators and Editors: Edward Tai 戴捷輝 Emily Lui 呂悅華 Toby Ng 伍穎晉 Karie Pang 彭嘉麗 Frank Lee 李偉健 Stanley Chu 朱祖良 1 Hong Kong Public Opinion Research Institute Anti-Extradition Bill Movement Project Citizens Foundation Public Sentiment Report Table of Contents Chapter 1: Background ..................................................................................... 3 Chapter 2: Research Design .............................................................................. 7 Chapter 3: Opinion Surveys ............................................................................. 9 Chapter 4: Rallies and Processions ................................................................ 17 Chapter 5: Campaigns via Traditional Media............................................... 33 Chapter 6: Campaigns via New Media .......................................................... 39 Chapter 7: Focused analysis on Youth Opinions ........................................... 45 Chapter 8: Conclusion ..................................................................................... 53 Postscript ....................................................................................................... 59 Annex ......................................................................................................