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Ted Hui in Exile

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Ted Hui in Exile 8 | Monday, December 7, 2020 HONG KONG| EDITIONCHINA DAILY COMMENTHK Ted Hui in exile: A study No time to lose over in failure and fallacy universal mandatory Grenville Cross says Hui’s flight raises fresh questions over virus testing decision the granting of bail. Altogether, the former Democratic he COVID-19 pandemic has reared its ugly head in Hong Party legislator faces nine criminal charges, some grave Kong again, prompting the entire community to brace n November 30, the tions over the granting of bail. Hitherto, the Titself for the impact of the latest surge former Democratic problem has centered on the magistrates who of coronavirus infections. When Hong Paul Yeung have granted bail to defendants who are fl ight Party legislator, Ted Kong recorded once again more than The author is senior research o cer of Hui Chi-fung, fl ew to risks, and who have then, in violation of their 100 confi rmed cases on Nov 29, people the One Country Two Systems Research Denmark, ostensibly for bail terms, fl ed the city, often in the dead of were convinced the fourth wave of the Institute. a meeting on climate night. In Hui’s case, however, he was not only pandemic had arrived, four months after Grenville Cross change. Although he allowed to keep his passport, but given per- the third one in July. The SAR govern- The author is a senior counsel, law professor Universal compulsory was facing criminal charges in Hong Kong, he and criminal justice analyst, and was previ- mission to go to Europe for what turned out ment responded quickly to the latest Owas given a special dispensation by the Judi- ously the Director of Public Prosecutions of to be bogus reasons. The Judiciary, therefore, upswing and announced a series of pre- testing is no doubt a criti- ciary to attend, on the strict understanding the HKSAR. has been tricked by Hui, and this must not be ventive measures on Nov 30 to contain that he would return to Hong Kong thereafter. allowed to happen again. the situation, including class suspension cal decision to make and In June, when the Next Media founder, Hui, however, had other plans, and, after sev- at all primary and secondary schools, a giant step to take for the eral days in Copenhagen, he fl ew to London damage arising from a violent protest at Tuen Jimmy Lai Chee-ying, applied to the High tightening crowd restriction, shortening on December 5, where he said he intends to Mun Police Station on July 6, 2019. Given the Court for a variation of his bail terms to make business hours of restaurants, shutting SAR government but one it remain in what he calls self-imposed “exile”. variety of the o ences and the seriousness of a short visit to Canada for business and to see down entertainment venues, etc. If anybody personifi es all that is wrong with some, he will, if ever tried, face a substantial his daughter, this was wisely refused, with the Safe to say Hong Kong is reasonably must take no matter what. Hong Kong politics, it is Hui. He disgraced term of imprisonment, even if not convicted judge citing concerns of abscondment. Quite experienced to handle the fresh round of The longer it allows the pan- himself in the Legislative Council, set a dread- of them all. clearly, if criminal suspects like Lai and Hui infections. However, the core challenge ful example for the younger generation, and In this situation, it was as clear as a pike- are facing a multiplicity of proceedings, and from the pandemic that has beset Hong demic to linger and resurge made a fool of everyone who trusted him. sta that Hui was a serious fl ight risk. It beg- the charges are serious, it is hard to conceive Kong for many months is not severity Now that he has gone, many people will be gars belief, therefore, that, having been grant- of circumstances in which it will ever be as much as tenacity. We know how to every now and then the inclined to say “good riddance”, and who ed bail, he was also allowed to leave Hong appropriate for a court to grant them leave stop the spread of the pandemic but not more public trust it will lose, can blame them. Whereas his infl uence was Kong, and the circumstances are illuminating. to travel abroad. It is tempting fate to allow whether the latest surge would be the entirely negative, his judgment was deeply On November 6, at West Kowloon Court, somebody in that situation to depart, and the last or when it will rise again, making making it harder to achieve fl awed. when processing the Tuen Mun case, the incentive not to return is huge. it impossible for local society to resume One of Hui’s most infamous stunts was his Principal Magistrate, Peter Law Tak-chuen, It is, after all, one thing to grant a defendant somewhat normal, manageable and pre- economic recovery. attempt to bring private prosecutions against allowed Hui to travel abroad for work pur- bail, but quite another to allow him to visit a dictable life. This is not only disrupting innocent people who upset the protest move- poses, provided he gave the police 72 hours’ jurisdiction, like Denmark, with which Hong the daily life of local residents but also ly e cient screening process. ment, to which he was beholden. Having notice, and supplied his travel itinerary. Kong has no fugitive surrender agreement. adversely a ecting Hong Kong’s busi- Besides technical issues, political raised HK$3.38 million by crowdfunding, On November 13, however, Hui, with oth- Quite clearly, every judicial o cer handling ness environment. Therefore Hong Kong concern should also be taken into con- he brought cases against a police o cer who ers, announced his resignation from the a bail application must bear this carefully in must fi gure out an e ective way to “wipe sideration. As Chief Executive Carrie shot a black-clad protester while defending Legislative Council. This clearly a ected his mind. If the Judiciary allows shysters like Hui out” the pandemic for good as well as Lam Cheng Yuet-ngor pointed out, Hong himself during a violent confrontation, and a overseas work plans, as he would no longer to pull the wool over its eyes, the law-abiding keep it from spreading when the virus Kong residents do not have as much taxi driver who was beaten senseless by pro- enjoy his previous status or have the same public will lose faith in the criminal justice reemerges. One of the proven ways to confi dence in the SAR government as testers after his vehicle accidentally ploughed need to travel. Three weeks later, therefore, system, and this must be avoided. beat COVID-19 is universal compulsory the mainland counterparts do in theirs into a crowd. However, after the Secretary for by which time the Tuen Mun case had been As for Hui, he has now consigned himself testing and thorough contact tracing of at a moment’s notice. That is the political Justice ascertained that both prosecutions transferred to the District Court for trial, the to a life on the run. Exile can be a sad a air, positive cases. reality in Hong Kong and the SAR gov- lacked any evidential foundation and were an Department of Justice, in light of the changed even for those who can return home from Many have suggested that the gov- ernment has to do anything necessary to abuse of process, they were terminated by the circumstances, very sensibly sought to have time to time. Although Hui will have some ernment implement mandatory univer- win public confi dence. For example, the courts. One consequence of Hui’s fl ight, unfor- Hui’s bail terms altered, requiring the sur- other criminal fugitives in the UK to keep him sal testing, but Chief Executive Carrie SAR government may talk to the stake- tunately, is that his two victims will not now render of his passport. This, however, was company, he may soon tire of them, particu- Lam Cheng Yuet-ngor has basically holders most vulnerable to COVID-19 be able to sue him for malicious prosecution. declined by the Chief District Judge, Justin Ko larly once he realizes they have nothing in ruled out such a move by saying univer- about the need for compulsory universal Although Hui only served in the Legislative King-sau, who ruled that there had been no common beyond disloyalty to their own coun- sal compulsory testing is impracticable testing. One of those is the restaurant Council for four years, he made an indelible “signifi cant changes” since Law’s earlier order. try. At least for a while, he will fi nd himself in Hong Kong, because it would be too and bar sector, which is losing patience impression, not, alas, for statesmanship, but Although the alarm bells should have been lionized by anti-China elements, like Hong costly without an e cient implementa- because of the on-again, o -again restric- for loutishness. In 2019, for example, after he trilling by this time, Ko then gave Hui per- Kong Watch, but, before long, his novelty tion system like the mainland has and tions over dine-in service. It is estimated attacked a government o cial in the Coun- mission to travel to Denmark for a duty visit, value will fade. All he will have left will be the take too long to be worthwhile. She that the overall business has plummeted cil’s complex and grabbed her telephone, he from November 30 to December 4.
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