Anthony Chau Tin-hang

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Anthony Chau Tin-hang, also known as Anthony Chau, is the current acting deputy director of public prosecutions in Hong Kong.[1]

Cases[]

Jimmy Lai trial[]

On Christmas Eve in December 2020, Chau filed an urgent appeal with the Court of Final Appeal and argued that Jimmy Lai should be denied bail and sent back to jail, saying that the threshold for bail in cases around the National Security Law should be high.[2] Chau also argued that people who can commit future offenses without special conditions should not be eligible for release.[2] Additionally, Chau said that he would be willing to fight a court battle over the issue, including on public holidays.[1]

Chau also argued that Lai gave media interviews which "proved" collusion with foreign forces.[3] In response, the judge disagreed and said that "The statements in question on their face appear to be comments and criticisms rather than requests, albeit one might find those views disagreeable or even offensive."[3]

Yuen Long attack[]

Chau is also the lead prosecutor for the 2019 Yuen Long attack.[4] In February 2021, judge Eddie Yip expressed frustration with Chau, who repeatedly complained that Chau glossed over important details, such as who started the attack; Chau eventually admitted that those in white were the ones who started the attack.[4] The judge also complained that Chau's timeline of events felt like an "edited film" and was confusing.[4] Chau also described the incident as a "physical collision," to which the judge remarked "What does 'physical collision' mean? Playing bumper cars?"[4]

In addition, when Yip requested the name and title of the officer responsible for the incident from Chau, Chau told Yip that that he would submit it in writing.[5] In response, Yip requested that Chau directly inform him and said "because it’s an open trial, we don't pass notes."[5]

Chan Tze-wah[]

Chau also represents the prosecution for a case against Chan Tze-wah, who has been accused by the government of conspiring to collude with foreign forces.[6] Chan is charged with having assisted Andy Li attempt to flee from Hong Kong to Taiwan by boat.[6]

Tong Ying-kit[]

Tong Ying-kit is the first person charged under the National Security Law.[7] On 1 July 2020, he was accused of driving his motorcycle into police while flying a flag that stated "Liberate Hong Kong, Revolution of Our Times".[7] Chau represents the prosecution, and argued that Tong drove his motorcycle past four police checkpoints despite multiple warnings not to do so, which amounted to Tong committing "terrorism".[7]

In July 2021, Chau asked defence expert Professor Francis Lee from Chinese University whether his research into the "Liberate Hong Kong, Revolution of Our Times" slogan was reliable, asking if his focus group participants were really telling the truth or lying.[8] Chau also said that Lee's research was "unreliable and irrelevant".[9] Chau called on a historian, Lau Chi-pang, who claimed to the court that the slogan meant overthrowing the regime.[7]

Chau also argued that Tong's flag would have posed a "serious threat" to road safety if it had detached from his motorcycle.[10]

In April 2021, the judges suggested that Chau's interpretation of "terrorism" was too narrow, and that Chau's actions did not necessarily cause or intend harm on a broad level against society.[11]

Bail[]

In February 2021, Chau told the Court of Final Appeal that the default position the government should hold is that those suspected of breaking the national security law should not be granted bail.[12] The prosecution team also argued that those suspected of breaking the national security law should be denied bail, similar to the way murderers are.[12]

References[]

  1. ^ a b "Hong Kong prosecutors in urgent bid to have tycoon Jimmy Lai sent back to jail". South China Morning Post. 2020-12-25. Retrieved 2021-02-01.
  2. ^ a b "Hong Kong's Top Court Sends Tycoon Jimmy Lai Back to Jail". Bloomberg.com. 2020-12-31. Retrieved 2021-02-01.
  3. ^ a b "Jimmy Lai has arguable case and bail conditions were met: judge". South China Morning Post. 2020-12-29. Retrieved 2021-02-01.
  4. ^ a b c d "Hong Kong judge lambasts prosecutor for poor summary of 2019 Yuen Long attack | Apple Daily". Apple Daily 蘋果日報 (in Chinese (Hong Kong)). Archived from the original on 2021-02-27. Retrieved 2021-02-25.
  5. ^ a b Candice Chau (2021-02-26). "Judge in Yuen Long mob-attack trial raps prosecutors for being ill-prepared". Hong Kong Free Press HKFP. Retrieved 2021-02-28.
  6. ^ a b Cheng, Selina (2021-02-17). "National security: Hong Kong paralegal faces collusion charge as media mogul Jimmy Lai arrested again in jail". Hong Kong Free Press HKFP. Retrieved 2021-02-25.
  7. ^ a b c d "'Liberate' slogan cannot incite secession, court told - RTHK". news.rthk.hk. Retrieved 2021-07-20.
  8. ^ "Liberate HK slogan 'open and ambiguous', court hears - RTHK". news.rthk.hk. Retrieved 2021-07-14.
  9. ^ "Journalism prof defends research on banned 'Liberate Hong Kong' slogan, as prosecutors call data 'irrelevant' at city's first security law trial". Hong Kong Free Press HKFP. 2021-07-15. Retrieved 2021-07-15.
  10. ^ "Closing arguments at Hong Kong's first security law trial, landmark verdict next Tue". Hong Kong Free Press HKFP. 2021-07-21. Retrieved 2021-07-21.
  11. ^ "'Great harm to society' must be proven for Hong Kong terrorism conviction: judges". South China Morning Post. 2021-04-29. Retrieved 2021-10-22.
  12. ^ a b "'No bail is default position in security law cases' - RTHK". news.rthk.hk. Retrieved 2021-02-01.
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