[Fugitives Regulations] The prosecution asks the police to anonymously accuse the police of "pointing the wrong phase" and receives thousands of nuisances

Social News

Written by: Lu Leqian

2019-12-27 19:13

Anti-revision anti-police demonstrations continued. An 18-year-old fresh DSE candidate was charged with inserting a sharp weapon into the neck of a police officer during a clash at Kwun Tong MTR Station on October 13 and was charged with an intentional injury. crime. The case was re-opened today (27th) in the Eastern District Court. The prosecution requested that the injured police officers be dealt with anonymously. It also said that a large number of police officers had been lifted to the bottom in recent months. While receiving nearly 3,900 nuisance calls and three false pretending to borrow money, defense lawyers opposed the practice. The magistrate finally adjourned the case until January 24, during which the defendant had to return.

The defendant Xu Tianli was alerted by a large number of police officers when he was taken away from the prison car. (Photo by Lu Leqian)

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Defendant Xu Tianli (age 18) was charged with one count of intent to hurt. The charges include that he attempted to cause serious injuries to uniformed police officer X while illegally and maliciously injuring him on October 13 at the A1 exit bridge at Kwun Tong Station, MTR.

Apart from police officers, there are also concerns about witnesses

There have been many cases involving demonstrations in recent months. If police officers are mentioned in the charge, they will be dealt with anonymously. However, this is the first time that a formal application has been made to the magistrate. The Department of Justice is also waiting to be dispatched. Criminal Prosecutor Liang Zhuoran, a senior barrister, handled the case in person.

Liang said in court that in the past six months, there have been large-scale systematic and continuous ground-breaking and harassment operations on the Internet, not only for police officers in demonstration cases, but also for witnesses and their families who have been mistaken for the demonstration. Police officers in the case have received nearly 3,900 harassing calls and pretending to borrow money three times.

Emphasizing that it will not affect the defendant's defense and fair trial

Liang said that this situation may affect the willingness of witnesses to appear in court, thereby affecting the fairness of the criminal trial. Liang Xu said that the court needs to protect witnesses from harassment while waiting to appear in court. He also said that the arrangements will not affect the defendant's defense. Being able to attend and report on the interrogation process will not affect the public's right to information, nor is it intended to hamper freedom of the press.

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Questioning Police Constable

Defense lawyers and magistrate He Junyao both said that the High Court had previously issued an injunction prohibiting disclosure of police personal information. The injured police officers in this case were also included. It is unknown why the prosecution applied for an additional police officer to hide the names of police officers during the trial. . The defence also said that information about police officers had been made public online and that it was not necessary to issue an injunction now.

Liang countered that the court's injunction was not targeted at witnesses who will testify in court. In addition, even if the names of the injured police officers have been circulated on the Internet, it can also restrain future acts of harassment. The injunction is wide in scope, and although it is not targeted, it also covers witnesses who will testify. The injured police officers in this case will also be protected.

Think that the public's right to information should not be restricted

The representative of the defence, Counsel Huang Jinjuan, pointed out that public hearings are a principle of Hong Kong's judicial system, and the public's right to information should not be restricted without special circumstances. For the purposes of this case, the injured police officers have not been harassed, and the prosecution has no evidence to show signs of intensification of the bottom line since the beginning of the case. In addition, the police have obtained a temporary injunction of high law. If there is continued harassment or a base, the police can use normal criminal prosecution channels to handle it, and no application is required.

In view of the fact that the government's test and assurance report on this case is still not ready, He Guan also said that he would like to consider the arguments of both parties, so the case will be postponed until January 24 next year, and the decision to approve the prosecution will be made at that time. During the application, the defendant must continue to remand.

Information will be disclosed if not approved

Liang Zhuoran said outside the court that the Department of Justice would review every single case and deal with it independently according to the situation, and would make an anonymous application whenever necessary, without involving any political factors. He also said that there is no need to dismiss the police officer's name as a beast, saying that each case will be handled independently. If the court does not approve the anonymity, the prosecution will re-disclose the relevant information.

Case number: ESCC 2329/2019

Hearing Court for Fugitive Offenders Ordinance