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E.5 Amicus - 法庭獨立陳詞者


(see C.3 劉山青、陶君行案--廿九人包括三名學聯參與者主動向警方投案"自首"接受公安惡法的刑罰):

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Re: 新聞公佈:劉山青、陶君行案的迫害 Press Release: Persecution in LAU Shan-ching and TO Kwan-hang Case 021219

Dear All,

The embargo for this Press Release is until 20 Dec 2002 2pm, when I will appear in person before the magistrate in the captioned case. The URL of this Press Release is http://www.oocities.com/hkfs4dissent/in__II_E_Amicus1.htm


Table of Contents (Latest at top):

I. My Letter dated 20 Dec 2002 to Western Magistracy, attaching [ya_maggie_police2_WestCourtWyeth.txt]
    A. Reply dated 18 Dec 2002 from HK Bar Association Chair Mr Alan Leong [ya_maggie_police3_hkba.txt]
    B. My Letter to Mr Alan Leong dated 13 Dec 2002, attaching
       b. Reply from CAPO HKI-02001291 dated 2 Dec 2002
       b1. Reply from Regional Crime Unit 1A under HKI RN02000516 dated 5 Dec 2002
       j. My Cautioned Statement dated 7 Dec 2002 when 29 "reported case to police"


I. My Letter dated 20 Dec 2002 to Western Magistracy

Anthony Chi Hing CHUA
Flat 607, Wang Mei House
Tin Wang Court, Chuk Yuen
Kowloon, Hong Kong. Pager: 7728 8867
Fri 20 Dec 2002


To: Mr Allan Wyeth
    Magistrate, Court 1
    Western Magistracy
    Hong Kong.
    [in person today at 2:00pm]


Dear Sir,

Amicus in HKSAR v LAU Shan-Ching and TO Kwan-Hang (WSC1742/2002)
-----------------------------------------------------------------

1. Further to my appearance before you on 18 Nov 2002 (reported partially in Apple Daily and Sing Pao), I would like to apply to you to call the Chairman of the Hong Kong Bar Association Mr Alan Leong SC as the Amicus in the captioned case to give his expert legal opinion on the following question:

"whether 'Selective Prosecution' of only LAU Shan-Ching and TO Kwan-Hang in the 11 May 2002 'Non-Violent Civil Disobedience Rally' of about 100 persons, despite the 'surrender' of 29 and 'information' pinpointing 25 alleged unlawful ralliers, amounts to 'Malicious Prosecution' and 'Abuse of Court Process', which calls for dismissal of the police case under the principle of Police v Beggs [1999] 3 NZLR 615 (cited by Mr. WONG Hin-Lee in HKSAR v LEUNG Kwok-Hung, FUNG Ka-Keung and LO Wai Ming KCC8456/2002)."

2. I have 'surrenderred' and 'pinpointed' myself to the police as one of the above 29 and 25 (see photos in Apple Daily 8 Dec 2002 and 12 May 2002). Attached please see the reply from Mr Leong (Encl. A); and my letter to him which does not contain the above question (Encl. B). A number of public figures, including Mr LEONG, Hon. CHENG Ka-Fu, and Hon. Emily LAU, have told the media that the captioned case is a 'Selective Prosecution' and the Police Commissioner has denied it. Thank you very much.

Yours faithfully,


Anthony C.H. Chua
http://how.to/rally redirecting to
http://www.oocities.com/hkfs4dissent


Encl. A and B (with sub-encl. b, b1 and j)

c.c. Chair of HKBA Mr Alan Leong SC [in advance on 19 Dec 2002]
     Media [by advanced email: embargo until 20 Dec 2002 2pm]
     Two Defts and Prosecution [on 20 Dec 2002 2pm]

--- --- --- --- --- ---

    Encl. A. Reply dated 18 Dec 2002 from HK Bar Association Chairman Mr Alan Leong

Hong Kong Bar Association Logo
LG2 High Court, 38 Queensway, HK
Tel 2869 0210
Fax 2869 0189
[Email: info@hkba.org http://www.hkba.org]

18 Dec 2002

Dear Mr Chua,

Amicus in HKSAR v LAU Shan-Ching and TO Kwan-Hang

I refer to your letter of 13 Dec 2002. Having considered the same carefully, I write to inform you that the Bar cannot accede to your request.

Yours sincerely,


Alan Leong, S.C.
Chairman

--- --- --- --- --- ---

    Encl. B. My Letter to Mr Alan Leong dated 13 Dec 2002

Anthony Chi Hing CHUA
Flat 607, Wang Mei House
Tin Wang Court, Chuk Yuen
Kowloon, Hong Kong. Pager: 7728 8867
Fri 13 Dec 2002


To: Mr Alan Leong QC, SC
    Chair, Hong Kong Bar Association.

Dear Sir,

Amicus in HKSAR v LAU Shan-Ching and TO Kwan-Hang (WSC1742/2002)
-----------------------------------------------------------------

1. I would like to request you or someone from HKBA to continue my application as an amicus in the above case to be heard on Friday 20 Dec 2002 2:00pm at Western Magistracy at Court No.1 before Mr. Allan Wyeth. The First Clerk of the Western Magistracy is Mr. K.L. Ho, who knows about the details of my application. Please see the following the papers:

(a) My written application before Mr Wyeth dated 18 Nov 2002. Mr Wyeth asked me to submitted my information to either the defence or the prosecution. I submitted to the HK Regional Crime Unit 1A SIP TANG Wai-keung/RCU1AHKI Tel: 2859 8556.

(b) CAPO reply under CAPO HKI-02001291, referring also to
[(b1)] SIP TANG Wai-keung/RCU1AHKI.

(c) My 7-page cautioned statement to RCU1AHKI, in which I identified 22+ persons who should be prosecuted with Mr LAU and Mr TO, failure to do so is a malicious prosecution against the two and an abuse of court process that their case should be dismissed.

(d) My 28 photos dated 11 May 2002 in which I identified 22+ persons who should be prosecuted with Mr LAU and Mr TO (colour photocopies). [I also gave the RCU1AHKI 2 rolls of negatives; see p.5 of my cautioned statement]

(e) Colour print of the Apple Daily dated 12 May 2002 in which I identified 22+ persons (including myself) who should be prosecuted with Mr LAU and Mr TO. [see p.5 of my cautioned statement]

(f) Two Apple Daily colour print photos (dated 3 and 4 June 2002) of the Hong Kong Federation of Students Headquarters (HKFS/Hq) unlawful June 4 rally.

(g) Three colour print photos from Sing Pao, Apple Daily and Oriental Daily dated 23 Sept 2002 of the 22 Sept 2002 unlawful rally.

(h) One colour print Apple Daily photo dated 18 Nov 2002 in which I identified the Hon. CHENG Ka-Fu and the Hon. Emily LAU in the 17 Nov 2002 unlawful rally.

(i) Copy of the "Declaration of Collective Punishment for Civil Disobedience" dated 7 Dec 2002.

(j) Copy of the standard cautioned statement under the the "Declaration of Collective Punishment for Civil Disobedience" dated 7 Dec 2002.

(k) Apple Daily 8 Dec 2002 p.A10 of the event in (i) and (j), in which I was photographed as standing in the front line. See also my own photos #23, and #34 [deleted: #37] dated 7 Dec 2002 [negative #4864].

(l) Copy of the Chief Magistrate's judgement in the first post-1997 unlawful case HKSAR v LEUNG Kwok-Hung, FUNG Ka-Keung and LO Wai-ming (KCC8456/2002).

(m) Copy of Police v Beggs [1999] 3 NZLR 615, in which the police case was dismissed.

Yours faithfully,


Anthony C.H. Chua


Encls. [only encls. b, b1, and j for Mr Wyeth, prosecution and 2 defts.]

--- --- --- --- --- ---

       encl. b. Reply from CAPO HKI-02001291 dated 2 Dec 2002 [translated from Chinese into English]

HKSAR Police Force Logo
CAPO HKI-02001291
HK Region 重案組 Regional Crime Unit 1A, 1F High St, HK
Tel: 2859 8513
Fax: 2549 9190

2 Dec 2002

Dear Mr Chua:

Your complaint of 18 Nov 2002 is now handed over to HK Region 重案組 Regional Crime Unit 1A for action.

If you have any enquiry, please phone 2859 8556 and contact the case i/c SDIP TANG Wai-keung 鄧偉強.

If your contact address is changed, please inform us so that we can continue to inform you the investigation results.

YU Tak-Chung
for Comissioner of Police

--- --- --- --- --- ---

       encl. b1. Reply from Regional Crime Unit 1A under HKI RN02000516 dated 5 Dec 2002

HKSAR Police Force Logo
HKI RN02000516
HK Region 重案組 Regional Crime Unit 1A, 1F High St, HK
Tel: 2859 8556
Fax: 2549 9190

5 Dec 2002

Mr CHUA Chi-hing
Flat 607 Wang Mei House
51 Chuk Yuen Road

Dear Sir,

Assistance to Police
Unauthorized Assembly on 11 May 2002

I refer to the report you made to the police on 17 Nov 2002 relating to a case of Unauthorized Assembly that took place from Chater Garden to Police Headquarters on 11 May 2002. Police has noted the information you provided and it is decided not to call you as a prosecution witness. However, your statement and other materials will be treated as "Unused Materials" and according to the current practices, police is obliged to provide them to the two defendants.

May I take this opportunity to thank you for your assistance in this case. Should you have any queries, pelase feel free to contact the undersigned at 2859 8556.

Yours faithfully,


鄧偉強
(TANG Wai-keung)
Officer-in-charge
Regional Crime Unit 1A 重案組
Hong Kong Island

--- --- --- --- --- ---

       encl. j. My Cautioned Statement dated 7 Dec 2002 when 29 "reported case to police 投案" (in fact a "surrender") under Central Police Station IN/18397. [originally in Chinese]

Standard heading by DPC51423 of Regional Crime Unit 3B
7 Dec 2002 6:38pm

Standard Caution by DPC51423 of Regional Crime Unit 3B

...I say: "今次就2002年5月11日有人公眾遊行的事件提供資料,本人於2002年5月11日約於下午二時至四時,在明知未有向警方申請p反對通知書的情況下,為了實踐公民抗命,聯同陶君行及劉山青一起,參與由遮打花園遊行至軍器廠街警察總部的公眾遊行。" I have no other words to supplement.

Standard Closing on p.2.


Thank you very much.

蔡誌慶
Anthony C. H. Chua
PhD Candidate in Constitutional Law
(discontinued pending appeal to HKU Council)
University of Hong Kong (see my contacts and websites below)
Version: 021219 5p


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