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Hong Kong court reinstates mask ban ahead of elections
Attorney Career | 2019/11/23 11:57
A Hong Kong court that had struck down a ban on face masks at protests said Friday that the government could enforce it for one week, as police readied for any unrest during keenly contested elections this weekend.

The High Court granted the temporary suspension “in view of the great public importance of the issues raised in this case, and the highly exceptional circumstances that Hong Kong is currently facing.”

Anti-government protests have rocked the semi-autonomous Chinese city for more than five months. Protesters remained holed up on a university campus, refusing to turn themselves in for arrest after intense clashes with police last weekend.

The court had ruled Monday that the ban, imposed last month under rarely used emergency powers to prevent protesters from hiding their identity, infringed on fundamental rights more than was reasonably necessary.

China’s parliament rebuked the court ruling this week, in what some interpreted as an indication it might overrule the decision.

In granting the one-week reprieve, the High Court said it was giving the government time to appeal the decision and seek a longer suspension from the Court of Appeal.



Myanmar rejects court probe into crimes against Rohingyas
Attorney Career | 2019/11/19 19:00
Myanmar’s government rejected the International Criminal Court’s decision to allow prosecutors to open an investigation into crimes committed against the Rohingya Muslim minority.

Government spokesman Zaw Htay said at a Friday night press conference that Myanmar stood by its position that the Netherlands-based court has no jurisdiction over its actions. His statement was the first official reaction since the court on Thursday agreed to proceed with the case.

Myanmar has been accused of carrying out human rights abuses on a massive scale in the western state of Rakhine in 2017 during what it described as a counterinsurgency campaign.

Zaw Htay cited a Myanmar Foreign Ministry statement from April 2018 that because Myanmar was not a party to the agreement establishing the court, it did not need to abide by the court’s rulings.

“It has already been expressed in the statement that the investigation over Myanmar by the ICC is not in accordance with international law,” he told reporters in the Myanmar capital Naypyitaw.

The court’s position is that because Myanmar’s alleged atrocities sent more than 700,000 Rohingya fleeing to Bangladesh for safety, it does have jurisdiction since Bangladesh is a party to the court and the case may involve forced deportation.

Last year’s statement charged that the court’s prosecutor, by claiming jurisdiction, was attempting “to override the principle of national sovereignty and non-interference in the internal affairs of other states.”

The 2018 statement also said Myanmar’s position was that it “has not deported any individuals in the areas of concern and in fact has worked hard in collaboration with Bangladesh to repatriate those displaced from their homes.”

However, there still has been no official repatriation of the Rohingya, and human rights activists charge that Myanmar has not established safe conditions for their return.


Samsung heir Lee appears in court for corruption retrial
Attorney Career | 2019/10/26 20:44
Billionaire Samsung scion Lee Jae-yong appeared in court Friday for a retrial on corruption allegations linked to a 2016 scandal that spurred massive street protests and sent South Korea's then-president to prison.  

"I feel deeply sorry for worrying many people," Lee said while facing a barrage of camera clicks before walking into the Seoul High Court with his lawyers. He didn't answer questions about the prospects of a jail term or how that would affect Samsung's business. Some protesters shouted "Arrest Lee Jae-yong!"

The Supreme Court in August ordered the retrial after concluding the amount of bribes Lee was accused of providing to ex-President Park Geun-hye and her confidante had been underestimated in a previous ruling that freed the Samsung Electronics vice chairman from jail on a suspended sentence.

While Lee apparently faces an increased possibility of serving jail time in the retrial, it's unclear what that would mean for Samsung, the world's largest manufacturer of computer chips, smartphones and TVs.

Some experts say a jailed Lee would hurt Samsung's decision-making process at a critical time as the company grapples with instability in the semiconductor market and ramifications from the trade war between the United States and China.


The Latest: EU Parliament to be flexible on ratifying Brexit
Attorney Career | 2019/10/18 20:35
An influential Brexit expert at the European Parliament says the legislature might even meet in an extraordinary plenary next week if that is what is needed to push the Brexit deal through.

The EU parliament is awaiting approval for the Brexit deal in the House of Commons, which could come in the next hours or days. After that, the EU could move speedily.

Greens lawmaker Philippe Lamberts said Monday that "we could ratify next week, if not this one."

He added the Brexit deal could also spill into November, beyond the current Oct. 31 deadline for Britain to leave the EU.

British Prime Minister Boris Johnson has already asked for a Brexit extension even though he is still trying to get out of the EU by the end of the month.



Supreme Court takes up cases about LGBT people’s rights
Attorney Career | 2019/10/07 11:19
The Supreme Court on Tuesday heard highly anticipated cases on whether federal civil rights law should apply to LGBT people, with Chief Justice John Roberts questioning how doing so would affect employers.

In the first of two cases, the justices heard arguments on whether a federal law banning job discrimination on the basis of sex should also protect sexual orientation. Lower courts have split on the issue. A related case on transgender employees is also being heard Tuesday.

Roberts, a possible swing vote in the cases, wondered about the implications of what he described as an expansion of the job-discrimination law.

“If we’re going to be expanding the definition of what ‘sex’ covers, what do we do about that issue?” Roberts asked.

Justice Samuel Alito, a conservative, suggested that the high court would be usurping the role of Congress by reading protection for sexual orientation into the 1964 Civil Rights Act, when lawmakers at the time likely envisioned they were doing no such thing.

“You’re trying to change the meaning of ‘sex,’” he said.



Meek Mill’s conviction thrown out, granted new trial
Attorney Career | 2019/07/17 10:04
A Pennsylvania appeals court on Wednesday overturned rapper Meek Mill’s conviction in a drug and gun case that has kept the rapper on probation for a decade and made him a celebrity crusader for criminal justice reform.

The unanimous three-judge panel said that new evidence that undermines the credibility of the officer who testified against the rapper at his trial made it likely he would be acquitted if the case were retried.

City prosecutors have backed the defense bid for a new trial and confirmed they do not trust the officer, who has since left the force and was the only prosecution witness at the 2008 nonjury trial. Still, District Attorney Larry Krasner said Wednesday his office needs time to decide whether to drop the case.

The 32-year-old performer, born Robert Rihmeek Williams, is now free of the court supervision he’s been under most of his adult life. Williams has said he had trouble notifying probation officers about his travels as required because of the erratic nature of the music industry. A little more than a year ago, he spent five months in prison over technical violations of his parole.

“The past 11 years have been mentally and emotionally challenging, but I’m ecstatic that justice prevailed,” Williams said in a statement. “Unfortunately, millions of people are dealing with similar issues in our country and don’t have the resources to fight back like I did. We need to continue supporting them.”

Reginald Graham, the officer who wrote the search warrant in Williams’ case and testified at his trial, left the Philadelphia Police department a few years ago after an internal probe found he had stolen money and then lied about it.

Graham testified at trial that Williams pointed a gun at him during his 2007 arrest outside his southwest Philadelphia home. Williams, who was 19 at the time, has denied pointing a gun at police.


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