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@TamTakchi @ray_slowbeat Hours before @joshuawongcf sentenced, unusual proceeding in Wanchai District. Judge Ko asked by DOJ to send @TamTakchi’s case to a #NationalSecurityLaw judge, a 1st such request. The good judge punted the decision to another. THREAD
DOJ argues that offenses against national security must be handled by NSL judge. Philip Dykes, for Tam, argued that none of Tam’s 10+ charges — incl uttering seditious words, conspiracy to utter seditious words — are, in fact, NSL charges.
They are statutory offenses under Common Law. In short, Ko should be, Dykes said, the correct judge for the job.
Judge ruled he may not be. If he sided w the prosecution or the defense, JRs would ensue. “It is undesirable to leave a blemish on such an important issue so early in the proceedings, which may come back to haunt the parties in due course.” (Not clear what haunting there’d be.)
“As my decision is not based on any interpretation of the National Security Law, the judge hearing the argument would be free to construe the relevant provisions and decide one way or another.
Next judge could decide to send the case to NSL judge, thus opening up path for sedition, disorder offenses to be considered acts that violate PRC security and therefore, must be tried in NSL court.
It’s unclear how such proceedings would unfold, if they would be open to the press, the public. If any rulings or judgments would be reported. Judge No. 2 explores the murk Thursday. More here https://legalref.judiciary.hk/lrs/common/ju/newjudgments.jsp
40 years covering courts. Never seen a judge punt a decision to another.
