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HONG KONG: The acquittal of dozens of Hong Kong protesters, often accompanied by harsh judicial criticism of the police, has triggered a backlash from Beijing loyalists demanding an overhaul of a judicial system long known for its independence .
Hong Kong owes much of its success as a financial center to its transparent legal system.
Unlike the judicial structure of China, where opaque courts are controlled by the parties and sentences are almost guaranteed, that of Hong Kong is respected internationally.
But as Beijing cracks down on huge and often violent protests last year, judges now find themselves in the crossfire of the city’s bitter political divide.
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Much of that criticism comes from a pro-establishment bloc enraged by perceived acquittals or light sentences for protesters.
Ta Kung Pao and Wen Wei Po, two staunchly pro-Beijing newspapers based in Hong Kong, have led the charge, running articles calling for judicial reform and poking fun at the “yellow judges,” the color associated with the movement of protest.
Prominent local pro-Beijing politicians have joined in, calling certain judges biased and pushing for the creation of a sentencing committee to impose harsher jail terms.
“JUDGE DOG”
In October, graffiti smeared with red paint appeared on a wall that read in Chinese: “The police arrested people, but the ‘dog judge’ released them.”
That message was addressed to former Magistrate Stanley Ho, who had recently acquitted two people of assaulting the police.
Ho criticized two officers who testified for “telling lies to cover up lies” and said the force used against those arrested was “completely unnecessary”.
READ: Hong Kong’s watchdog says allegations of police brutality should not be used as ‘political weapon’
District Councilor Jocelyn Chau, one of the two exonerated, remains furious at the trial and the months spent on bail.
Hong Kong District Councilor Jocelyn Chau remains furious at her trial and the months she spent on bail before her acquittal. (Photo: AFP / PHILIP FONG)
“The long wait, the pressure that family and friends face when going through the trial, are unnecessary suffering,” he told AFP.
“However, the officers who lied face no consequences.”
Police testimony or evidence in at least 27 protest cases have been dismissed by magistrates as unreliable, contradictory or not credible, and resulted in acquittal, according to an AFP tally based on local media reports.
No officer has been sanctioned for the evidence presented on the stand. A police spokesman said that any judicial complaint about an officer would be handled “fairly and impartially.”
READ: Hong Kong police chief admits ‘undesirable’ behavior towards media at protest
Out of more than 10,000 people arrested in protests, around 2,300 cases have gone to some form of prosecution with 331 convictions, according to statistics from the Hong Kong police.
Charges have been dropped in another 42 cases and 65 cases have ended in acquittal.
“POLITICAL PRESSURE”
Antony Dapiran, a Hong Kong lawyer and author of two books on the city’s protest movements, said the acquittals show the courts are doing their job.
“These cases show both the political pressure that prosecutors must be under to bring all cases to court … and the independence of the Hong Kong judiciary to continue to dismiss these cases,” he told AFP.
“However, this will inevitably lead to more attacks on Hong Kong’s independent judiciary by Beijing and its supporters,” he added.
Democracy supporters have also criticized some trials and sentences, especially through comments on social media, but no major opposition figure has called for a reform of the judiciary.
READ: Hong Kong lawyers alarmed by judges’ plans in national security trials
Last week, Hong Kong leader Carrie Lam criticized “unwarranted attacks” against judges and called on people to respect court decisions “regardless of their political stance.”
The judiciary has also started publishing several transcripts of trials and sentences of magistrates accused of favoring the protesters in an attempt to show how the decisions were made.
Still, many of those exonerated by trial are angered by his ordeals.
Lee Sheung-chun, who was acquitted of assaulting the police, spent nearly a year under a curfew on bail with his passport confiscated.
“Last year was unhappy, worrying and stressful,” said the 32-year-old warehouse worker.
His defense attorneys unearthed a video that contradicted the police story, and a magistrate ruled that the testimony of three officers in court was unreliable.
“There are many cases without video. Keep in mind that the burden of proof is on the prosecution,” Lee’s lawyer Wong Ying-kei told AFP.
“We need to remind the judges and the prosecution that there are cases where the police give false testimony. We have to hold them accountable.”
