Hong Kong court lifts reporting restriction on national security case (updated)
17/08/2022 07:11
(Adds detail)
By Jessie Pang and James Pomfret
HONG KONG, Aug 17 (Reuters) - A Hong Kong court on Wednesday
lifted a reporting restriction on a landmark national security
case involving a now disbanded group that used to organise
candlelight vigils on the anniversary of the Tiananmen Square
crackdown.
The decision follows a ruling by High Court judge Alex Lee
this month, overturning a ruling by lower court magistrate Peter
Law who had blocked applications to allow open reporting of
pre-trial proceedings - known as committal hearings.
The lifting of the reporting restrictions was seen as a
breakthrough by some activists. It is the first time reporting
will be allowed for pre-trial hearings for a national security
case in Hong Kong.
The ban was lifted following a legal challenge by one of the
defendants; Chow Hang-tung, 37, who had argued full reporting
must be allowed in the interests of "open justice".
In lifting the restriction, Law dismissed arguments from the
prosecutor, including that public debate from reporting might
affect the course of justice.
"Hong Kong is a civilised place ... with the rule of law,"
he said. "This public debate will not affect the judge's
decision."
Law said certain limitations could be imposed on future
hearings.
The case involves a group called the Hong Kong Alliance in
Support of Patriotic Democratic Movements of China and three of
its former leaders: Lee Cheuk-yan, 65, Chow Hang-tung, 37, and
Albert Ho, 70, who have been charged with inciting subversion of
state power under a China-imposed national security law.
Since the three were arrested and charged last September,
they have been repeatedly denied bail and nothing but basic
details from numerous court hearings have been reported.
Law had previously declined to lift the ban, saying
reporting could put "mental pressure" on witnesses. Lee disputed
that, saying Law had "erred" in his decision and that reporting
should be allowed in the interests of "open justice".
In lifting the reporting block, Law dismissed arguments from
the prosecutor that some of the hearings should still be subject
to closed-door restrictions, including a preliminary inquiry.
The preliminary inquiry, at which prosecutors say they will
present 16 boxes of documents and 200 hours of video footage
going back to 1989, will decide if the case should proceed to a
full trial in the High Court.
The alliance disbanded last September after the arrests of
its leaders and a freeze on its assets.
Chow is in prison for two unauthorised assembly cases linked
to candlelight vigils in 2020 and 2021 on the anniversary of the
1989 Tiananmen crackdown. She also faces a separate national
security charge related to a refusal to submit information from
the alliance to the police.
(Editing by Robert Birsel)
((james.pomfret@thomsonreuters.com; +852-28436390; Reuters
Messaging: james.pomfret.thomsonreuters.com@reuters.net))