Hong Kong Protests | Judicial Independence is severely under threat

Airport Protests Hong Kong | August 2019
Airport Protests Hong Kong | August 2019

19 August 2019 – Hong Kong has now endured more than 2 months of protests and so far over 700 have been arrested for a number of charges. A person who bought 10 laser pens is being charged for possession of offensive weapons. This makes little sense to me because surely the person selling would be the one arrested because the seller is supplying the offensive weapons and presumably has many more than 10. It’s like the drug pusher with 10Kg is not charged but the buyer who buys a 1 gram is charged. The law enforcement procedure seems to be at stake.

In Yuen Long, hundreds of White-clad men who assaulted a number of travellers on the MTR with metal bars and bamboo sticks have not been charged yet what they committed was Assault occassioning Grevious Bodily Harm (AOGBH) on a number of victims. They were rumoured to be 14K and Wo Shing Wo triad gangs. The prima facie evidence strongly points to police and triad collaboration which means that the police and triads are working together in cahoots. This is rather worrying.

Hong Kong’s judicial system is the next government department in which we see completely bias; when a part-time waiter Lai Yun-Long alledly kick Chinese statet newspaper journalist Fu Guohao.

Injuries sustained would no doubt be significantly less than the ones sustained by victims of the Yuen Long attacks. Yet, he is denied bail even though the charge is only common assault with no permananent injury sustained by the victim. Although, I do not agree with his actions the denial of bail seems to be unreasonable for the charge especially when most cases of Assault occasioning Grievous bodily harm are given bail. In 2018 Edward Leung was sentenced to 6 years in jail for “rioting” and “assaulting a police officer” https://www.hongkongfp.com/2018/06/11/localist-edward-leung-sentenced-six-years-jail-mong-kok-unrest-participation/ – probably touching the police officer is construed as assault. The quantum of the sentencing is disproportionate to the supposed crime(s) committed pointing to political influences behind to the decision.

One of the reasons why so many protesters are taking to the streets is because the judicial system is no longer separate to the political system. The disqualification of lawmakers for inconsistencies in their oath swearing is a direct affront to the impartiality of our judicial system. Hong Kong’s only differentiation to other Chinese cities is the supposed impartiality of the judicial system but evey passing year we are seeing an erosion in this separation of powers and it is extremely worrying where this will take us.