customContents

entityId

entityUuid

articlePageQuery

filter

article

articleBaseAdvertisingInfoArticle

articleListArticle

articleSeoArticle

helpersCheckIsPostiesArticle

hooksArticleAcknowledgementGateOverlayArticle

hooksTrackPageViewArticle

hooksContentInterestArticle

articleLinkingDataContent

articleSchemaContent

liveArticle

advertZone

sentiment

contentLock

topics

types

sections

moreOnThisArticles

urlAlias

commentCount

sponsorType

authorLocations

authors

paywallTypes

corrections

displaySlideShow

multimediaEmbed

printHeadline

seriesContainer

socialHeadline

headline

flag

firstTopic

glossary

flattenTypeIds

publishedDate

additionalInfoBoxes

images

image

relatedLinks

relatedNewsletters

__typename

createdDate

sponsor

factSheets

series

knowledgeQuestion

disableOffPlatformContent

published

updatedDate

summary

subHeadline

body

keywords

copyrighted

customTimezone

liveContents

Fiona Chow

An activist linked to the now-dissolved alliance behind Hong Kong’s Tiananmen Square vigil has argued in court that a judge should step down from hearing her case because previous knowledge of police allegations could undermine her right to a fair trial.
Chow Hang-tung, 39, on Monday asked for the recusal of Madam Justice Anna Lai Yuen-kee, a judge hand-picked to hear national security cases.
Chow, a barrister who represented herself, asked the High Court to decide whether Lai should step away from the trial.
The defendant and two other members of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China face subversion charges.
She asked the court to consider the “real possibility” of Lai being biased based on a police report the judge had access to when handling an appeal against a previous conviction.
The report, however, was never fully disclosed to Chow or her defence team, because of a “public interest immunity” exemption granted by the court to spare the prosecution from having to reveal evidence related to continuing national security investigations.
The report, with many sections blacked out, was made available to the public when now-retired principal magistrate Peter Law Tak-chuen delivered his verdict when he convicted Chow and the others in another case in 2021.
“[The report] involved a lot of serious allegations [against the alliance], but the paragraphs pointing to those allegations were covered,” Chow told the court. “We are not sure what these devastating allegations are.
“It would be far from ideal if the court had received extremely serious allegations before, that were not presented to the trial judge.”
Chow stressed that her application for the removal of Lai was not personal and that it did not mean the judge had done anything wrong by having access to the information that she did not have.
But she noted that as Lai had read the full investigation report submitted to her by the prosecution, it was arguable that extra information could affect her.
Lai, on the bench with Justice Alex Lee Wan-tang and Justice Johnny Chan Jong-herng, did not respond to Chow or ask questions during the submission.
Lee said judges often had to hear submissions and evidence during a long trial, including what was said in the prosecution’s opening and cautioned statements, but some of them could be proven wrong or were not admissible at a later point in the trial.
Lee asked Chow whether she would argue judges had to be recused every time these situations came up because their minds were “polluted”.
Chow underlined that the report was never presented in open court, and that had deprived her of the chance to respond to any allegations about individuals or organisations that were under suspicion.
She added that she assumed her name was mentioned in the redacted paragraphs, which could also involve allegations against her, but she had no way of knowing.

“It is quite challenging, as we [he and Justice Chan] also do not know the text being covered,” Lee said.
“Madam Justice Lai said the content was unrelated to you personally, but you are making assumptions that it is.”
“This is exactly the predicament we find ourselves in,” Chow replied.
She added it was difficult for the defence to determine if Lai would be impartial given that the judge had seen allegations police used against her and the other defendants.
Deputy Director of Public Prosecutions William Tam Yiu-ho said a professional judge – who had taken the judicial oath – should be capable of “putting allegations behind her”.
A written ruling on Chow’s application will be delivered on July 5.


Tenant of Hong Kong’s only private low-rent housing estate gets hearing to challenge eviction

Hong Kong authorities to closely monitor sexual assault case involving district councillor

Hong Kong jails man for 14 months in third sedition conviction under domestic security law

Hong Kong bank sues estate of deceased man behind legal fight for same-sex rights

Hong Kong courts

Hong Kong activist asks for judge’s removal from national security trial, claiming possible bias

Chow Hang-tung has requested for the High Court to recuse a judge from the trial. Photo: AFP

The justice’s prior knowledge of police allegations in a report (pictured) could undermine her right to a fair trial, Chow Hang-tung has said. Photo: Handout

Who are the 6 suspects arrested along with Chow Hang-tung for allegedly breaching Hong Kong’s new security law?

Six others were arrested along with Chow Hang-tung under Hong Kong’s new security law. Photo: AFP

Kwan Chun-pong at the June 4 museum in Mong Kok during a 2019 interview. Photo: Felix Wong

Who is Chow Hang-tung, Hong Kong barrister and political activist arrested under domestic national security law?

Chow Hang-tung, who has been arrested with five others under Hong Kong’s new domestic national security legislation. Photo: Getty Images

Activist behind Tiananmen Square anniversary events in Hong Kong among 6 arrested under new domestic security law for posting ‘seditious content’

Activist Chow Hang-tung was one of six people arrested under the new law on Tuesday. Photo: Sam Tsang

Hong Kong’s Article 23 legislation came into force in March. Photo: AP

Hong Kong’s top court quashes acquittal of Tiananmen vigil activist Chow Hang-tung after justice department’s appeal

Activist Chow Hang-tung attends a press conference at the office of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China in September 2021. Photo: Sam Tsang

Chow Hang-tung, escorted by prison officers, arrives at the Court of Final Appeal in Central. Photo: Edmond So

Chow Hang-tung was sentenced to 15 months in jail in January 2022. Photo: Handout

Chow Hang-tung, arriving at the Court of Final Appeal in Central, was found guilty of inciting others to join an unauthorised assembly in 2021. Photo: Edmond So

News

Hong Kong

Law and Crime

Chow Hang-tung argues that Madam Justice Anna Lai may be biased because of judge’s knowledge of police allegations against the activist


Chow Hang-tung argues that Madam Justice Anna Lai may be biased because judge’s knowledge of police allegations against the activist.
