The amazing things that happen when you don’t get tried by a National Security court: Grandpa Chan cleared of unauthorized display of banners in a park…
Siding with 78-year old Chan Ki-kau at the Kowloon City Magistrates’ Courts on Tuesday, Magistrate Kestrel Lam rejected the prosecution’s argument that simply holding up banners without a permit constituted a criminal offence.
Lam’s decision surrounded whether “displaying” a banner should be interpreted broadly. “There is no logical reason why a much wider, all-embracing construction should be adopted,” Lam ruled.
…Defence counsel Tam earlier argued that a banner displayed at a country park, as stated in the offence, must have “a degree of permanence and habitual regularity,” citing an interpretation of the Public Health and Municipal Services Ordinance in a 2021 Court of Final Appeal ruling.
The court also accepted the defence’s argument that a broad, all-encompassing interpretation of what constitutes a banner display would infringe upon the constitutional right to freedom of expression, citing the apex court’s decision to overturn journalist Bao Choy’s conviction last June.
Why was this prosecution mounted in the first case? The state’s logic for prosecuting the Hong Kong 47 and Jimmy Lai, even though they didn’t do anything most people would see as illegal, is pretty clear: they are high-profile individuals and/or involved in high-profile activities that the authorities might views as threats. Chan was active in the protest movement, but barely more so than a couple of million other people.
Will the government appeal, when there is plainly no serious public interest like safety, health, the environment or community peace and convenience at stake? Or will someone have the sense to leave the old guy alone?
“Will the government appeal?”
Of course they will. Every possible nail must be hammered into HK’s coffin.
“Will the government appeal, when there is plainly no serious public interest like safety, health, the environment or community peace and convenience at stake? Or will someone have the sense to leave the old guy alone?”
I vote the former. Loss of face is a big deal in Oriental cultures.
“Or will someone have the sense to leave the old guy alone?”
Of course not. Where has communism not been vindictive?
Of course, the government will appeal. His display was on Lion Rock and the political significance of that is clear to all. The government (in its narrow view) cannot let it stand.
Spare a thought for the magistrate’s career prospects, now linear rather than progressive. He will be the subject of the always anonymous trolling and scrutiny.
How come we never hear of any arrests re the numerous intrusions and intimidations of folk who are deemed to be out of line with the prevailing stratagem?
@MM
“How come we never hear of any arrests re the numerous intrusions and intimidations of folk who are deemed to be out of line with the prevailing stratagem?”
The call is coming from inside the house.