Injustice of HK's DoJ: no public prosecution and terminating private prosecutions
In communist Hong Kong (HK) the Secretary of Justice, incumbent Teresa Cheng, as head of the Department of Justice is the final decision maker on all prosecutions - this therefore means all HK prosecutions become 'political persecutions'! This is the first of many injustices the people of HK currently suffer.
In leading democracies worldwide, the head of the Department of Justice - the Minister of Justice - is a political appointee who does not get directly involved in the final decision making of whether or not to prosecute individual cases. In leading democracies the final decision maker on all prosecutions is a career civil servant often called the Director of Public Prosecutions (DPP).
In communist HK there is no rule OF law as required under the Joint Declaration - only the Chinese Communist Party's (CCP) rule BY law. And that RULE BY LAW is impacting the lives of HK people more as the CCP progressively exert greater control over the city.
People in the SAR are subject to 'gaslighting'. Gaslighting is a form of torture under CAT - in this case the mass torture and coercion of HK people.
It's true that HK judges have pledged their allegance to upholding the rule OF law, and that having an independent judiciary is an integral part of HK's Joint Declaration. We note that judges are being paid by HK's Public Purse which is owned by HK people and controlled by the Legislative Council (LegCo). Ironically and unjustly, CCP's illegitimate HK LegCo is run by HK elites for the benefit of CCP. (see our blog: Bent rulers)
To add insult to injury, literally, the DoJ on 9 November 2020 cancelled pro-democrat Legislator Raymond Chan's private prosecution against pro-CCP lawmaker Kwok Wai-keung and yet continued to prosecute him for his actions within the Legislative Council (LegCo)! Video released clearly shows Kwok dragging Chan across LegCo chambers. (See article below).
Reference must here be made to US Congressional-Executive Commission on China (CECC) 4 November 2020 'Rapid Deterioration of Human Rights in Hong Kong after Passage of National Security Law' II(c). Government Intervention in Private Prosecutions:
"In August 2020, Secretary for Justice Teresa Cheng made court filings to intervene in two private cases, raising concerns that such move undermined the rule of law, as well as the right of private citizens to pursue criminal prosecutions.
The two cases were initiated by Democratic Party lawmaker Ted Hui Chi-fung, one against a police officer who shot at a protester and another against a taxi driver for ramming protesters with his vehicle, both of which took place during the ongoing protests in 2019.
The Secretary for Justice sought to take over the prosecutions with the aim of withdrawing the summonses against the defendants.
Regarding the case against the police officer, Hui said that the Department of Justice did not provide any legal basis for its request nor was the request based on any investigation.
On August 26, 2020, police arrested Hui, along with another lawmaker, Lam Cheuk-ting, on grounds that they joined a July 2019 protest in which they reportedly were acting as mediators between police and protesters."
Hong Kong government intervenes in court case to toss out charge against pro-Beijing lawmaker
Apple Daily 10 November 2020
The Department of Justice has thrown out a private prosecution against pro-Beijing lawmaker Kwok Wai-keung, who was accused of assaulting a pro-democracy colleague in the legislature in May .
Monday’s rejection of the case has angered the victim of the alleged attack, former pro-democracy lawmaker Raymond Chan, who reacted by accusing the DoJ of “letting Kwok off the hook”.
Prosecutor Anthony Chau said the DoJ was intervening at the pre-trial stage and terminating the case because there was insufficient evidence to support a prosecution against Kwok.
He said no relevant evidence emerged from the police investigation into the melee in the legislature on May 8, including analyzing witness statements from many legislators and security guards, as well as footage obtained from the press and other video evidence, such as CCTV video.
The lawmakers' angry showdown in May occurred at a legislature meeting where the pro-democracy camp disputed pro-Beijing lawmaker Starry Lee’s authority to preside over a key committee at the legislature.
During the confrontation, Kwok was seen dragging Chan on the ground. The opposition lawmaker later filed a private prosecution against Kwok.
On Monday Chan reacted to the DoJ’s decision by accusing the department of “covering up thuggery taking place in the legislature.” He complained on Facebook that, “even when the court accepts a private prosecution, the DoJ can let people go.”
Kwok said after the hearing that the decision was “delayed justice”, adding that he had not had any “guilty intent” in confronting Chan.
Chan told Apple Daily in an interview that he was considering his next options, including a judicial review over the DoJ’s intervention and a civil prosecution against Kwok.
Seven incumbent and former pro-democracy lawmakers, including Chan, were arrested last week on charges of contempt and interference with LegCo officers over the May 8 clash.
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