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Written by: Lu Leqian McKay
2021-03-11 10:21
Last update date: 2021-03-11 16:00
Forty-seven pro-democracy people were charged with conspiracy to subvert state power for participating in the "35+ primaries". After a 4-day marathon trial, the judge designated by the National Security Law, Su Huide, finally approved 15 of them to be released on bail; the Department of Justice later applied for review of 11 of them People’s bail applications will be heard by the High Court Judge Du Libing today (11th), Saturday and next Monday. The High Court will handle the applications of Huang Biyun and Wu Jianwei today.
After hearing his remarks, Guan Du refused to review Huang Biyun from the Department of Justice, and Huang Zhun pledged to go out with the original conditions.
But in the face of Wu Jianwei who was also on bail review, Du Guan said that he was not convinced that Wu would continue to commit acts endangering national security. The Attorney General’s review was successful and Wu’s bail was revoked, and Wu must continue to pay him back.
Before leaving the court, Wu said to his supporters: "Hold it up, everyone, see you in 10 years."
It is believed that the prison car carrying Wu left the High Court before 3 pm and was escorted away by a police car.
Huang Biyun's family is already waiting in the prison parking space. It is believed that the bail procedures have been completed and they are expected to leave the detention room after about 4:30 pm.
Mother-in-law Huang Umbrella kept chanting slogans at the exit of the prison vehicle, and was once led by police officers.
Wu's bail was refused, relatives and friends were emotional
Some members of the public became emotional after learning that Wu could not be released on bail and yelled out of court. There were also relatives and friends who shed tears when they left the court and quarreled with security in the lobby of the court.
After 3 to 4 middle-aged supporters waited outside the parking lot of the High Court, the police immediately broadcast Regulation 599G, which is a restriction on gatherings, asking not to gather more than 4 people.
Afterwards, some people also dispersed.
Senior Counsel Peng Yaohong, who represented Wu, stated outside court that Wu could not appeal Du Guan’s decision in law. If he wants to apply for bail on behalf of Wu, he will need to make a new application. However, his prerequisites are to be in the army or the circumstances of the case have changed significantly.
The High Court did not see any observers this morning
This morning, the court did not see anyone queuing up to attend the court hearing, and there were no people waiting outside the courtroom. Most of the people who came to the court were relatives and friends of the defendant.
But there are still many policemen on guard outside the court.
And there are police officers carrying various flags in case of emergency.
The situation outside the court this morning. (See the picture below for details)
District Councillor Lin Jinting said he didn't have much hope
Tianshui Link’s Yuen Long District Councillor Lin came into court and met with reporters. He quoted Wu Jianwei’s words, "I hope you will see you in 10 years." Even in the face of 10 years of imprisonment, I want to see you later.
Wu said in the court, "All people help themselves and break fate." Lin pointed out that the slogan represents the journey of everyone in the past year and a half. Many feelings are indescribable, "Everyone will continue to pay attention to other cases," and don't forget "brothers."
Lin Jin said frankly that he didn't have much hope today, and he faced it with a normal heart. "The future will be difficult if the road is difficult to do." He thinks this case is a political incident. "Don't guess that there will be deeds."
Officer rejected Huang's review by the Department of Justice
The court processed Huang Biyun's application earlier this morning. After hearing the statement of the Department of Justice, Judge Du Libing rejected the review of the Department of Justice and approved Huang's application for bail.
After Du Guan made the ruling, there were soft cheers on the scene, and Huang Ze responded calmly.
The bail conditions are 100,000 yuan in cash plus 100,000 yuan in personnel guarantees, not to leave Hong Kong, surrender all travel documents, observe the curfew from 12 am to 7 am, report to the police station 4 times a week, and live at the reported address , Which is still the same as the bail conditions approved by Chief Magistrate Su Huide.
Huang Biyun's original bail conditions were as follows, and Du Guan allowed her to go out under the same conditions.
(See the picture below for details)
The officer wants Huang to hand over the expired BNO
In terms of travel documents, Huang Biyun’s attorney stated that all valid travel documents had been handed over earlier, and only the expired BNO passport had not yet been handed over. Only official Du also asked Huang to hand over after hearing this, so Huang needs to send someone First go home to retrieve the passport and hand it to the court before being released.
The official said he could not be sure that Wu would no longer do acts that endanger national security
After the court granted Huang's bail, the court adjourned for a while and continued to hear Wu Jianwei's bail application.
After the court heard the statements of both parties, Du Guan pointed out that the court was not convinced that Wu would continue to endanger national security, and ruled that the Attorney General's review was successful and Wu's bail was revoked; Wu needed to be remanded in prison.
When Wu walked into the cell, he yelled Tianshui Link’s slogan "May my life" to the auditorium. The audience immediately responded to "Defend my city." Wu again called "All the people help themselves." The auditorium responded, " Break fate".
After Wu's bail was revoked, he left the court and said to the people in the gallery, "Hold it up, see you in 10 years." Then he walked back to the cell.
Wu Jianwei was originally granted bail in the Magistrates' Court and the bail conditions originally obtained.
(Hong Kong 01 drawing)
Officer refused to remove restrictions on bail reporting
Official Du said at the beginning of the trial that he had read some letters from the media applying to the court to remove the restrictions on bail reporting. He understood that the media’s responsibility is to report to the public and the importance of open justice. Therefore, the court’s practice has always been open. The interrogation is held by the media and members of the public.
But Guan Du also said that as a judge, she also has the responsibility to protect the interests of all defendants and the safety of future hearings. After repeated consideration, she decided to reject the media application and will not remove the restrictions on bail reporting.
In this case involving 47 people, the court granted one more defendant to bail today. Together with the 4 people who had been released on bail earlier, 5 people have been released on bail in this case. The remaining defendants will face different bail proceedings later.
(See the picture below for details)
Four people were released on bail last week.
Nine people will face a bail review filed by the Department of Justice, and the application will be made on Saturday and next Monday.
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The 22 defendants who have not been released on bail will exercise their right to go to court once on the 8th and apply for bail at the West Kowloon Court on Friday.
(See the picture below for details)
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The 10 defendants waived their right to appear in court every 8 days and will be remanded until the next court hearing.
(See the picture below for details)
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47 defendants were charged with one count of conspiracy to subvert state power, which is that they conspired together to subvert state power during the period from July 1, 2020 to January 7, 2021, and organized, planned, implemented, or participated in Implementation, the threat of using force or other means to seriously interfere with, obstruct or undermine the performance of the functions of the Hong Kong government.
The charge is that the defendant declared, carried out, or participated in a plan to obtain majority control in the Legislative Council. Any budget or public expenditure proposed by the SAR government, regardless of the content or the pros and cons of the content, refused to pass without distinction, forcing The Chief Executive dismissed the Legislative Council, paralyzing the operation of the government, and eventually led to the Chief Executive's resignation.
In order to achieve this plan, the defendant either participated in the election or did not participate in the election of the Legislative Council, and promised that after being elected, he would deliberately or deliberately fail to perform his duties as a member of the Legislative Council, that is, he would uphold the Basic Law and be loyal to the SAR.
The case of 47 people has been adjourned until May 31.
Case Number: HCCP 113,117/2021
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