Last week’s highlights:

Jimmy Lai Case: Judges Rule Evidence of Conspiracy With Foreign Forces and Other Charges Established; Lai to Testify

Jimmy Lai, founder of Next Digital, along with three related companies of Apple Daily, are charged with “conspiracy to collude with foreign forces” among other crimes. This week’s mid-trial submissions are underway, where three judges have ruled that the evidence against Lai on all charges is established, requiring a response from the defense. The defense indicates that Jimmy Lai plans to testify in court and intends to summon an expert witness on Signal. The case has been adjourned to November 20th for continuation.

Lai is currently charged with three crimes: “conspiracy to publish seditious publications” related to Apple Daily, “conspiracy to collude with foreign forces,” and another charge of “conspiracy to collude with foreign forces” related to the “SWHK Team.”

“The Witness” also published this week an integration of testimonies from six prosecution witnesses, along with a timeline special page on the Jimmy Lai case. All reports related to the trial of Jimmy Lai’s case are also collected in the report overview.

Inspector Accused of Falsely Claiming OT Allowance During Anti-Extradition Bill Protests; Supervisor Says OT Was Not Approved

Ip Chun-wing, a now-retired Chief Inspector, is accused of falsely claiming to have worked overtime during the anti-extradition bill period by participating in the “Operation Tiderider” and obtaining overtime allowances. He denies charges of misconduct in public office and the alternative charge of “using a document with intent to deceive his principal as an agent.” The case continued at the Shatin Magistrates’ Courts on Friday (26th).

Liu Deyi (phonetic translation), Ip’s colleague and then Chief Inspector (Operations) of the Sha Tin Police District, testified that she served as acting police superintendent while the division commander was on leave, which included reviewing the defendant’s overtime approval forms. She stated that the defendant mixed authorized and unauthorized hours in his claims, leading to her being misled.

According to the prosecution’s records, Ip is accused of falsifying overtime records for 7 days, with the longest instance exceeding 18 hours. Based on court documents (see details in the article), Ip is accused of a total of at least about 74 hours of unapproved and falsely reported overtime. The case has been adjourned to October 9th for continuation.

Youth Pleads Guilty to Illegal Assembly at APM Four Years Ago; Remanded for Sentencing

On the eve of the enactment of the “Hong Kong National Security Law” in 2020, netizens initiated the “Sing with You” protest event at the APM mall in Kwun Tong, and police later entered the mall to disperse the crowd. Four people were arrested that day. More than four years later, a 20-year-old male student has been charged with participating in an illegal assembly, and was first brought to court on July 16.

The defendant pleaded guilty last Wednesday (24th) and was remanded until sentencing on August 12, awaiting reports from a rehabilitation center, labor camp, and correctional institution. According to the case, the defendant displayed a blue flag with the words “Hong Kong Independence” at the APM mall. He was initially released on bail and re-arrested when he returned to Hong Kong in mid-July.

Hong Kong Alliance in Support of Patriotic Democratic Movements of China Charged with Inciting Subversion; Case Management to Resume on August 28

The Hong Kong Alliance in Support of Patriotic Democratic Movements of China and its former chairpersons Lee Cheuk-yan, Albert Ho, and Chow Hang-tung have been charged with “incitement to subvert state power.” After rejecting Chow’s application to change the judge, the case is confirmed to be handled by three judges designated under the National Security Law: Alex Lee Wan-tang, Johnny Chan Jong-herng and Anna Lai Yuen-kee. According to the judicial institution’s website, the third case management hearing is scheduled for August 28, 2024, and is expected to last 30 minutes.

By the scheduled date of the third case management meeting, Lee Cheuk-yan and Chow Hang-tung will have been in custody for over 1,080 days; Albert Ho, who was once granted bail, will have been in custody for over 870 days. Chow’s earlier application for a change of judge was denied, with the three designated judges stating in their ruling that they have “full confidence” that the defendants can receive a fair trial.

First Market Rigging Case in High Court: Three Sentenced for Manipulating Ching Lee Holdings Shares

In 2016, three individuals, a group of men and women, were accused of manipulating 156 stock accounts to sell nearly two hundred million shares of Ching Lee Holdings on the day its stock price plummeted, creating the false impression that Ching Lee was a frequently traded and investor-favored stock. After a trial, they were convicted of conspiracy to engage in false trading and sentenced on Monday (22nd) in the High Court to prison terms ranging from 4 years and 4 months to 6 years and 8 months.

The acting judge, Douglas Yau Tak-hong, noted that the case was extensive and involved international elements, characterizing it as a complex, well-planned, and executed conspiracy, with the mastermind still at large. He stated that the case not only involved indeterminate financial losses but also damaged Hong Kong’s reputation as a global financial center. The judge also considered the delays in the case, which had caused significant stress to the defendants, and granted a reduced sentence accordingly.

After the sentencing,  Christopher Wilson, the Executive Director of the Enforcement Division at the Securities and Futures Commission, commented that this was the first case of its kind tried at the Court of First Instance involving offenses defined under the Securities and Futures Ordinance. The commission will continue to freeze the assets of those involved and stated that the verdict sends a strong message to the market that the Securities and Futures Commission will not tolerate improper market conduct and is committed to combating any market manipulation.

Intellectually Disabled Man Suspected of Biting Tongue and Dying While Restrained; Death Ruled as Misfortune

In August 2020, a 33-year-old intellectually disabled man with diabetes was admitted to the Eastern District Hospital due to a fever. During his hospital stay, he reportedly struggled getting in and out of bed, leading nurses to attempt to restrain him in a straitjacket. During the struggle, the patient bit his tongue, causing suffocation and subsequent death after resuscitation attempts. A 5-day inquest into the cause of death concluded last week.

The coroner summarized evidence indicating that while healthcare staff were restraining the deceased, he bit his tongue, leading to bleeding that blocked his airway and caused death by hypoxia. It was also accepted by experts that saliva entering the lungs could exacerbate pneumonia, leading to a ruling that the cause of death was pneumonia and hypoxic-ischemic brain injury. The coroner noted that the Eastern District Hospital had reviewed and improved its procedures, considering the recommendations appropriate and practical, and thus had no further suggestions.

The deceased’s mother appeared calm when hearing the verdict and stated, “Nothing to say, I can accept it,” when questioned by reporters afterward. The Eastern District Hospital expressed awareness and respect for the coroner’s decision, extended deepest condolences to the family once more, and pledged to provide necessary assistance.

Man in His Sixties Dies While Waiting for a Hospital Bed at Kwong Wah Hospital; Inquest Verdict Due Next Week

In February 2021, a 63-year-old man suffering from lung cancer visited Kwong Wah Hospital for a follow-up appointment. After coughing up blood, he was advised by a doctor to be admitted. Later, while waiting in the emergency room for a hospital bed, his condition worsened and he died despite resuscitation efforts. A three-day inquest into the cause of death took place this week.

An emergency room nurse testified that she and her colleagues had called the deceased’s name three times using the public address system, but there was no response, and co-workers could not find him. By then, the doctor had already signed off on the case. CCTV footage showed that no one approached the deceased to check his wristband after the last two calls. A colleague who had walked near the deceased while searching for other patients described in court that he had “no particular recollection of him, probably thought he was just sleeping.”

The deceased’s eldest son stated that the main issue was that his father was not discovered in time, suggesting that monitoring equipment could have helped. He expressed belief in the capabilities of both the Hospital Authority and Kwong Wah Hospital to “do more and think more.” A representative from the Hospital Authority admitted, “This incident should not have happened,” pointing to “factors beyond control that coincided,” and reiterated that the case occurred during the pandemic. The verdict will be delivered next Monday.

Cha Kwo Ling Village Demolition: 79-Year-Old Resident Files for Adverse Possession

In the 2019 Policy Address, the government proposed the demolition of Cha Kwo Ling Village in Kwun Tong to develop public housing, and land reclamation began last year. Demolition of some structures on government land is set to begin this Thursday (25th).

A 79-year-old resident of Cha Kwo Ling Village independently filed a claim in the High Court on Tuesday (23rd) for “adverse possession,” stating that his family has lived on two pieces of land in the village since 1954. He argued that under the Limitation Ordinance, he should be entitled to ownership of the land and has requested the court to issue an order prohibiting the government from evicting or disturbing their peaceful residence without reaching a reasonable compensation agreement with his family.