Ten of the 12 Hong Kong nationals arrested in Mainland Chinese waters in August were formally charged by Shenzhen authorities, and the punishment of the two juvenile suspects is likely to spark fresh controversy.
On 23 August this year, 12 Hong Kong nationals were reportedly detained by the Chinese Coast Guard while in exile in Taiwan and are still being held at the Yantian detention centre in Shenzhen.
The People’s Procuratorate of Yantian District of Shenzhen city announced on Wednesday that eight people, including Zheng Zihao and Li Yuxuan, have been indicted in accordance with the law in the People’s Court of Yantian District of Shenzhen city in connection with the crime of organizing others to secretly cross the border.
The prospects of the two minor suspects in the case, Huang Linfu and Liao Ziwen, have drawn much attention. The procuratorate said it would set a date for a private hearing and make a decision in accordance with the law.
Mo Shaoping, a Beijing lawyer, expects a verdict to be handed down within three months under normal circumstances.
Mo Shaoping: “The court has a few days to examine whether the formal acceptance. From the formal acceptance of the beginning, in principle, under normal circumstances should be within 3 months after the end of the court to make a judgment of first instance. The indictment should be handed to the defendant at least ten days before the trial, but it’s not easy to decide which day.”
Juvenile suspects in the case may not be charged
He estimated that the trial would probably be conducted on video and that the 10 Hong Kong people involved would not appear in person.
Mo Shaoping: “The way of the video is that there are only judges, prosecutors, prosecutors and defense lawyers in the courtroom. Those people (defendants) are inside the detention center, connected to the courtroom through a screen. The defendant doesn’t go to court. He’s in a detention center, connected to the court by video.”
Mo said juvenile suspects in the case may not be prosecuted.
Mo SHAoping: “In mainland China, a suspended sentence meets the conditions after a court hears the sentence. At that time, it is up to the court to decide, not the procuratorate to decide. The procuratorate can only decide whether to prosecute or not, or it has a moratorium on the prosecution of minors, considering the circumstances to be relatively minor and suspending the prosecution for the time being, giving a certain trial period, and then deciding not to prosecute or directly deciding not to prosecute.”
Lu Si Wei, a Sichuan lawyer commissioned by Hong Kong families, said minors were given “investigation periods” ranging from six months to a year. But the case is complicated by the fact that there is no precedent for it, especially as it remains unknown whether the “inspection” will take place in mainland China or Hong Kong.
Ruth: “I can’t answer you because I’ve never seen a case like this, never seen a juvenile outside the country not being prosecuted. In China it’s very simple, just stay home, maybe the police call you once a month. But these two children are from Hong Kong, so who will come to investigate, is to entrust the Hong Kong police station to ‘investigate’? Or leave them on the mainland? My understanding is that they will be sent back to Hong Kong, but the ‘inspection’ from Hong Kong is not necessarily in line with Hong Kong’s laws.”
Li Yuxuan, member of “Hong Kong Story” among the 12 Arrested In Hong Kong (video screenshot)
The family requests to appoint a lawyer to meet the person involved and participate in the defense process
The families of the 12 Hong Kong people issued a statement demanding that the authorities provide them with indictments; Allow family members to appoint lawyers to meet the person involved and participate in the defense process; The courts hear cases in public; Inform families of the start date in advance and allow them to arrive in Shenzhen without having to be quarantined for 14 days.
Legal experts in China, who asked not to be named, said it was difficult for lawyers hired by the families to intervene at this stage in the Case.
Legal source: “The official lawyers basically made sure that it would be difficult to make the case really public and that the indictment would not be made available to them. The law does not have this provision, if The Shenzhen side manipulates behind closed doors, I guess they will not get the indictment. The likelihood of a lawyer commissioned by the family intervening is almost nil, as it has been illegal in the first two stages. “
Legal experts say the so-called trial is likely to be a formality.
Legal professionals: “For example, on the grounds of the epidemic or the limited capacity of the court, people concerned about the case are kept out for various reasons. I don’t rule out that they’ve got everyone covered. Let’s put on a show.”
According to the Chinese mainland’s criminal law, illegally crossing the border is punishable by up to one year in prison. The penalty is two to seven years in prison and a fine, with a maximum life sentence in serious cases.
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