World
What’s going on in Hong Kong’s courts?
1000’s of individuals in Hong Kong are going through courtroom motion for participating in 2019’s mass protests, which grew out of opposition to a mainland extradition invoice into wider requires democracy.
Whereas some are well-known names from the town’s political opposition, many others are widespread residents who determined to affix the months-long demonstrations.
Greater than 10,000 folks have been arrested previously three years for his or her alleged involvement within the protests, authorities criticism and pro-democracy political actions, in response to Hong Kong authorities information. Of these going through costs, the overwhelming majority are folks under the age of 30, though in addition they embrace a number of the metropolis’s veteran opposition leaders.
On Friday, two youngsters had been sentenced to 5 and a half years in jail every for rioting, after being cleared of an earlier cost of manslaughter over the demise of a 70-year-old man who was hit within the head by a brick thrown in a confrontation between rival teams of protesters.
With the territory’s vibrant custom of civil disobedience, Hong Kong folks weren’t unfamiliar with the danger of arrest, however infractions that had been as soon as thought-about minor offences at the moment are ending up in jail time.
Most of the metropolis’s pro-democracy politicians have been arrested underneath nationwide safety laws that was imposed by Beijing in 2020, and have been languishing in jail for months in pre-trial detention.
Primarily based on British widespread regulation, Hong Kong’s justice system was as soon as considered probably the most unbiased and strong in Asia, however has been thrust into the highlight because the nationwide safety regulation was put in place.
International judges have left the town, in addition to rank and file attorneys, whereas US lawmakers might quickly sanction Hong Kong prosecutors for offences like “arbitrary detention of people for exercising universally recognised human rights”.
Chinese language “mainland-style legal justice” and “lawfare” techniques have discovered their manner into Hong Kong, mentioned William Nee, analysis and advocacy coordinator at Chinese language Human Rights Defenders.
“The quantity of circumstances is a part of it, and a part of it’s the prolonged authorized course of that individuals face – and we’re solely two years into it,” he instructed Al Jazeera. “We predict it might go on for a lot of, a few years the place persons are unable to journey, unable to go away Hong Kong, unable to talk to the media, and unable to take part in public life,” he mentioned.
Who’re on trial and why
Greater than 1,000 trials are underneath manner and extra are attributable to begin in 2023, in response to information compiled by the Hong Kong Democracy Council (HKDC), a US-based advocacy group.
Whereas there are alternative ways to rely the info, the advocacy group estimates that Hong Kong is now residence to 432 “political prisoners” – folks arrested for his or her political opinions or actions – who’ve accomplished sentences, with 582 folks nonetheless in custody or awaiting trial.
Most of the arrests over the previous three years are linked to the 2019 protests, though not all.
Widespread costs associated to the protests embrace taking part in an illegal meeting and rioting, whereas these accused of being “leaders” face costs like incitement and organising an illegal meeting. Greater than three-quarters of Hong Kong’s “political prisoners” are younger folks under the age of 30, in response to the HKDC. Greater than half are under 25.
Beijing imposed the nationwide safety regulation in 2020.
The fallout has been felt among the many political opposition, civil society leaders, journalists, and “nearly all non-violent pro-democracy actions in Hong Kong”, in response to Eric Lai, a Hong Kong regulation fellow on the Georgetown Middle for Asian Legislation.
Between July 2020 and June 2022, 203 folks had been arrested underneath the regulation and 123 charged, in response to information compiled by Lai. Many defendants face further costs underneath Hong Kong’s abnormal legal statutes.
Whereas the safety regulation particularly refers to crimes of subversion, sedition, “terrorism” and “collusion with overseas forces”, greater than 50 folks have been arrested for “seditious” or “secessionist” speech underneath just lately revived sedition legal guidelines that date from the British colonial period.
Thus far solely 10 folks have been convicted underneath the brand new regulation, however many circumstances have been delayed by Hong Kong’s strict COVID-19 insurance policies, in response to Lai.
Nationwide safety police have focused folks like Jimmy Lai, the previous writer of Apple Day by day and longtime critic of the Communist Get together, in addition to 47 activists and opposition leaders charged and arrested for organising an unofficial main election for the pro-democracy camp in 2019.
They’ve additionally arrested leaders of the protest umbrella group Hong Kong Alliance in Assist of Patriotic Democratic Actions in China for failing to submit proof to police, whereas pupil teams have been charged with “terrorism”.
Sedition legal guidelines have shut down a lot of Hong Kong’s unbiased press as information shops have folded after employees had been both charged or feared being charged underneath the sedition regulation.
A brand new class of criminals
The nationwide safety regulation has created a brand new legal process in Hong Kong that strays from its widespread regulation custom.
Nationwide safety defendants are heard earlier than a panel of three judges handpicked for phrases of 1 12 months by the town’s chief govt, mentioned Nee, which implies the justices can simply be eliminated.
In contrast to different legal circumstances, there isn’t any jury and defendants are nearly completely denied bail whereas authorized proceedings proceed – usually for months.
Defendants in these circumstances are tasked with proving they won’t “proceed to hazard nationwide safety” along with assembly abnormal bail circumstances, in response to a Hong Kong defence lawyer and rule of regulation monitor who spoke on situation of anonymity.
Among the most high-profile circumstances embrace the 47 individuals who had been picked up over the first and have already spent greater than a 12 months in detention after the prosecutors appealed their preliminary proper to submit bail.
Bail hearings themselves have change into an almost inconceivable job as, underneath the brand new regulation, defendants have misplaced the presumption of innocence – a basic proper within the widespread regulation system.
Responsible till confirmed harmless
Circumstances heard within the abnormal legal system, which usually concern rank and file protesters, have additionally modified dramatically over the previous three years.
The primary main change has been the place they’re heard.
The place circumstances of civil disobedience had been as soon as referred to the Justice of the Peace’s courtroom – the bottom rung of the legal justice system – they’re now recurrently despatched as much as the district courtroom or Excessive Courtroom, in response to the defence lawyer. Magistrates are restricted to two-year sentences, however the district and Excessive Courtroom can impose phrases of so long as seven years and life imprisonment, respectively.
The defence lawyer mentioned in lots of circumstances, even rank and file protesters shifting via the abnormal legal justice system have misplaced the presumption of innocence.
Typical circumstances concern costs like rioting, though many defendants weren’t caught within the act however as an alternative close by the scene or carrying gear like goggles or masks. Each gadgets had been utilized by protesters and journalists to guard themselves from tear fuel and pepper spray, which grew to become an indicator of the protests within the late summer season of 2019 and was even fired at bystanders.
The lawyer mentioned they felt that in lots of circumstances protesters had misplaced the presumption of innocence as judges would subject contradictory verdicts relying on the case.
“In a system the place the identical info can result in completely different outcomes earlier than completely different judges, when judges constantly disregard defence testimony and select to depend on police testimony even when unimaginable – these should not truthful trials, that’s not the rule of regulation,” the lawyer mentioned.
Gradual wheels of justice
Prison procedures have additionally taken longer, partially attributable to COVID-19, mentioned Samuel Bickett, a lawyer and Hong Kong regulation fellow on the Georgetown College Legislation Centre who served 4 and a half months in jail for a 2019 altercation with an off-duty Hong Kong police officer.
Whereas Hong Kong regulation doesn’t assure the precise to a speedy trial, critics say the delays are disproportionate to the crime.
“The common time from arrest to sentencing via mid-2021 is 380 days, that’s terribly lengthy. I imply we’re not speaking a couple of homicide case right here. That is greater than a 12 months to get via an illegal meeting case or principally quite simple circumstances,” Bickett instructed Al Jazeera based mostly on information he’s compiling for an upcoming Georgetown Legislation report.
Bickett’s legal case took a 12 months and a half from begin to end, he mentioned.
Bail has additionally change into harder to safe even for these charged for offences that don’t contain the safety regulation, and might also include onerous circumstances resembling curfews, or guidelines associated to high school for younger defendants.
Longer and harsher sentencing
Sentencing has additionally change into harsher no matter age or previous legal file, mentioned Steven Vines, a veteran Hong Kong journalist who left the town in 2021. Public order circumstances that after may need resulted in fines or neighborhood service now entice jail time.
HKDC information discovered that of practically 3,000 folks prosecuted, 67 % had been convicted, receiving a mean jail sentence of 1.6 years. Sentences for suspected protest “leaders” and other people charged underneath the nationwide safety regulation are even longer, and plenty of face a number of costs.
“Folks with no legal convictions in any way are being given custodial sentences for issues like illegal meeting, which previously would’ve incurred a advantageous, nothing extra. People who find themselves being convicted of extra critical offences are getting sentences that are akin to armed robbers with a legal file,” Vines instructed Al Jazeera.
Georgetown’s Lai, nonetheless, says this isn’t totally surprising.
Hong Kong has lengthy used public order legal guidelines towards protesters, even earlier than the 1997 handover to China.
However in recent times, Hong Kong’s courts have indicated that they might come down tougher on non-violent protesters amid prolonged circumstances surrounding the protest leaders of 2014’s Umbrella Motion. One other case across the identical indicated that rioting offences would even be met with harsher phrases.
Hong Kong’s authorities has mentioned the prosecutions and nationwide safety regulation are crucial to revive order after 2019’s protracted protests introduced the territory to a standstill.
The town’s new chief govt John Lee, a former police officer who was safety chief throughout the protests, plans to enact a neighborhood model of Beijing’s safety regulation. Hong Kong might also quickly see further legal guidelines governing on-line information and web posts, just like legal guidelines handed by Singapore.
For now, prosecutions of 2019 protesters are anticipated to proceed over the following two years because of the prolonged backlog – the nationwide safety circumstances might take even longer because of the quantity of proof compiled by prosecutors and successive delays. Within the meantime, a lot of Hong Kong’s opposition and civil society will stay silenced, exiled or in jail.
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The men were detained after the U.S. Coast Guard spotted them earlier this month aboard a flagless boat north of Puerto Rico and saw them throw overboard wooden cages holding tropical birds as authorities approached, the U.S. Attorney’s Office said.
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Some 113 birds were retrieved from the ocean, officials said, adding that the men had traveled to the U.S. territory to smuggle back exotic birds to the neighboring Dominican Republic.
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Singapore – For the first time in 20 years, Singapore will inaugurate a new prime minister, Minister for Finance and Deputy Prime Minister Lawrence Wong, who will take the reins of power in a ceremony on Wednesday, May 15.
The 51-year-old will replace Lee Hsien Loong – the eldest son of the country’s first Prime Minister Lee Kuan Yew – who has been in the job since August 2004.
Wong is only the fourth leader in Singapore’s 59-year history as an independent nation. Like his predecessors, he is a member of the People’s Action Party (PAP), co-founded by the elder Lee and the only ruling party Singaporeans have ever known.
The stage is now set for a general election in the city-state of 6 million people, which observers say could be held as early as this year, although the term of the current government does not expire until 2025.
At the last election in 2020, the PAP secured more than 61 percent of the vote, losing just 10 seats in the 98-member parliament to the opposition, but this was considered a sub-par performance given the opposition had won only six seats in the previous parliament.
The stakes are higher now, and a new leader is traditionally expected to gain a strong mandate from voters. Wong will be tasked with maintaining the dominance of the PAP in the face of an increasingly demanding electorate who want a greater say in governance and eschew the knuckleduster tactics and paternalistic politics of previous governments.
They are also tiring of the rat race, which Wong himself has acknowledged.
Among the most pressing issues on his plate: tackling the rising cost of living, an ageing population, a slowing economy and immigration. The PAP has also been rocked by a rare corruption scandal.
In addition, Wong must navigate the ever-present China-United States rivalry as the tiny island is a key ally to both superpowers.
Who is Lawrence Wong?
The mild-mannered Wong was selected by his peers among the “4G”, or fourth generation of leaders in Singapore’s political jargon, to be a successor to 72-year-old Lee in April 2022.
Something of a compromise candidate, he was not their first choice.
That was former central bank chief and Minister for Education Heng Swee Keat, 63, who had been appointed to succeed Lee in 2018. In a country renowned for its political stability, Heng sparked a mini political crisis by stepping aside two and a half years later, citing his age and admitting that he had not felt up to the task from the start.
Unlike many of his PAP peers, Wong did not come from the island’s establishment or attend its top schools. Going to university in the US on a government scholarship, he started out as an economist in the trade and industry ministry before entering politics in 2011.
After stints as a minister in less glamorous portfolios such as national development, he was not considered a potential prime minister, but the COVID-19 pandemic changed everything.
As co-leader of the country’s COVID-19 task force, Wong emerged as the public face of the government’s pandemic response, adroitly fielding questions from foreign media outlets in televised news conferences. Such events are a rarity in a country that performs dismally in the annual World Press Freedom rankings – Singapore was ranked 126th out of 180 countries and territories this year.
“Mr Wong is seen as a technocrat, [who is] friendly and approachable. He delivered well for the COVID-19 crisis, so he can be viewed as competent,” said former PAP lawmaker Inderjit Singh, who served alongside Lee in his central Ang Mo Kio ward for two decades.
Noting that Wong was only chosen two years ago after a period of political uncertainty, he added: “Anyone in his position will have his work cut out to show that he is indeed the right leader. He has a big task to quickly show that he is indeed the right person who can deliver.”
Leadership succession
Historically, leadership succession in Singapore has been a well-oiled process, with the heir apparent announced well in advance and groomed for years. This has been facilitated by a sterling record of governance, the PAP’s longstanding parliamentary supermajority – at its peak, there were no opposition lawmakers – and its dominance of key institutions.
Heng’s sudden departure was therefore unprecedented. Wong will also have the shortest runway of all – he became Lee’s deputy just two months after being anointed his successor. By comparison, the younger Lee served as deputy prime minister for 14 years before taking over the top job.
This perhaps explains Minister of Law and Minister for Home Affairs K Shanmugam’s prickly response to what he termed a “sneering” commentary in The Economist last month, which labelled Wong a compromise candidate and the Singapore media “docile”. Weeks later, the United Kingdom weekly conducted a wide-ranging interview with Wong where he stressed that as prime minister, he would not shy away from making unpopular decisions.
“Wong comes across as being very personable. He doesn’t portray the image of a hardliner,” said former newspaper editor PN Balji, who interacted extensively with Wong’s predecessors. While he is optimistic that Wong will come to prove himself, he added: “If you look at the leadership from Lee Kuan Yew till now, the quality of leadership has declined somewhat.”
Perhaps this is why Lee Hsien Loong is not going away – he will remain in the cabinet with the title of senior minister, just as his predecessors did.
“Given the short runway, I think Wong will benefit from [Lee’s] presence, especially in helping keep [good] external relations,” said Singh.
What do Singaporeans think of him?
Despite his increased profile during the pandemic, the guitar-playing, dog-loving, social media-friendly Wong remains something of an unknown quantity to Singaporeans.
According to a recent YouGov poll, just more than half of respondents considered him competent, with less than a third agreeing that he was a strong leader. Some 40 percent said he seemed trustworthy, a number that was significantly higher among Gen Z respondents. A fifth felt hopeful about Wong’s appointment, while 36 percent stated indifference.
Many also indicated high expectations for the incoming prime minister, perhaps reflecting the fact that Singapore’s government leaders are the world’s highest-paid, with the prime minister taking home 2.2 million Singapore dollars ($1.6m) a year including bonuses.
“Wong’s biggest challenge in the short term will be to articulate an easy-to-understand, inclusive, and progressive political vision that will draw widespread support for his government in the upcoming elections,” Elvin Ong, an assistant professor at the National University of Singapore’s political science department, told Al Jazeera.
Wong, who has stressed that he did not seek out the role or expect to become leader, is certainly working hard to win over the electorate. “Every ounce of my energy shall be devoted to the service of our country and our people,” he said in a post to his 200,000-odd Instagram followers after the handover date was announced. “Your dreams will inspire my actions.”
Calling Singapore the “improbable, unlikely nation”, he told The Economist: “My mission is to keep this miracle going for as long as I can.”
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