陶樂思
陶樂思

社工系學士。現職行政人員。業餘寫作。喜愛自學。寫作領域涵蓋觀點、社會科學、歷史知識、寓言短篇等。Github: https://github.com/Dorothy1984

Court News Curation: Primary Election VS Chief Executive Election Violation of Election Ordinance

Through the prosecution and judgment of the two cases, we can see the double world under the common law of Hong Kong.

Author's Case: Matters is very problematic today. Not only does the @ function fail, but the Chinese input method, which has always been used smoothly, is out of order in the editor. Forced to complete the article in Ms Word, please ask the official to deal with it as soon as possible.

foreword

This issue curates four reports from Hong Kong court media "The Witness". Four reports on two elections in Hong Kong. One is the 2020 Legislative Council election (then the authorities will postpone it for one year on the grounds of the epidemic); the other is this year's one-person election for the chief executive.

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About the 2020 Legislative Council election pro-democracy primary

47-man case-news-secretary for justice Lam Ting-kwok instructs no jury-trial by-3-designated judges

Case of 47 people - 29 people intend to plead guilty - 18 people intend to plead not guilty - Au Nuoxuan - Zhao Jiaxian apologizes - Liu Yingkuang - the case is a historical imprint

Forty-seven arrestees were involved in the pro-democracy primary. These include former university associate professors, former legislators, former district councillors, and guild members. Most were not released on bail. They have been on remand since they were arrested at the end of February last year and did not appear in court until August and September this year. Lost liberty for a year and a half before the trial. The media coverage of the trial process is due to the fact that those arrested who have lost their liberty still do everything they can to fight for their legal rights. please see

He Guilan and other 4 people in the 47-person case apply for the lifting of the reporting restrictions-Lord Quan ordered the lifting


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Violation of the Election Ordinance in this year's Chief Executive Election

This year's chief executive election is very different from previous years. A major feature of the improved election is the equal election, that is, only one candidate "competes" for a seat. Under this circumstance, no electoral engineering is required at all. Candidates will be elected. However, the newly appointed chief executive this year has also worked very hard in the electoral process, which has added a lot of joy to the people of Hong Kong in the oppressive life of the epidemic. It is a pity that in the absence of competition and the resources should be sufficient, the election process was still sluggish, and three copies of the nominee's materials were submitted late. So it violated the electoral regulations. The following is the relevant court information.

Li Jiachao's late submission of documents for chief executive election - High Court accuses Li Wuyi to be exempted from criminal responsibility


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My doubts about the above incident

Regarding the keystrokes that violated the election regulations, the Chief Executive applied to the court for immunity from criminal liability, and the court has accepted his application. According to the above report, the reasons are as follows:

"Li Jiachao explained to the court that his campaign team was working in two different locations at the time, which made it impossible for immediate and direct communication; due to reasons such as the delay in the election of the chief executive, the working hours were tight; the team was short of manpower, with only 4 full-time employees. The list of consent forms was compiled by a volunteer and an intern; and at that time, more than 900 supporting consent forms had to be uploaded within 12 days, which was a heavy workload.

The court accepted the above explanation and believed that Li did not deliberately ignore the legal requirements, so it granted immunity from criminal responsibility. "

My question is, if the case involves a democratic candidate this time, will the court judge the case according to the same criteria?

In addition, in Hong Kong's elections at all levels, the rules have always favored candidates on the pro-government side. According to the existing rules that are inherently disadvantageous to them, the democrats try to understand public opinion through primary election activities and send candidates with higher chances of winning the election to improve their chances of winning the election. What is the crime? Does the whole set of legal logic mean that only I can win, and you are breaking the law if you win?

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what can we do


Reading Hong Kong news requires a very strong heart. A heart that still beats as usual even after being squeezed so hard by a huge hand from time to time to tears. Hearts cannot be in vain. Those who clearly have the means to leave Hong Kong to obtain asylum stay and suffer, and their suffering cannot be in vain. What can we do in these dark and difficult times? This article cannot provide an answer. Only a few questions worth reflecting on:

Apart from trying hard to adapt to the new life, Hong Kong people living overseas, have you ever thought about what else you can do for the current Hong Kong? After all, living in a relatively free country, is it enough to attend one or two demonstrations every year? What can you do to preserve Hong Kong culture and preserve the current affairs of Hong Kong today as the history of Hong Kong tomorrow? What can you do in your work and study position to raise other people's attention to the current situation in Hong Kong? I believe the above questions will help overseas Hong Kong people who really care about Hong Kong find what they can do.

Whether overseas or local Hong Kong people, seeing the media collapse and political prisoners in jail, what can we do to support independent journalists or feature reporting teams that uphold the truth? If there are teenagers who are lonely and helpless due to the dark environment, or friends in the field, what can we do to protect and support them?

Hope and despair are both false. Only action can bring about the power to change. mutual encouragement.

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讀寫咖啡角

陶樂思

喝著咖啡悠閒閱讀。分享知識、觀點與心情。盼與讀者一起成長

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