A complaint form about Hong Kong prison officers filed by detained activist Owen Chow did not undergo a relevant “safety check,” a lawyer has argued in Chow’s trial over “carrying an unauthorised article out of prison.”
Chow and his lawyer Phyllis Woo appeared at West Kowloon Magistrates’ Courts on Thursday and Friday. They pleaded not guilty in March to the charge related to transporting an “unauthorised article” out of prison.
The “article” in the case was a letter of complaint that Woo had allegedly been given while visiting Chow at the Lai Chi Kok Reception Centre last May. The complaint, meant for the government watchdog the Ombudsman, related to officers allegedly intercepting two books that were meant to be delivered to Chow.
The prosecution summoned four Correctional Services Department officers on Wednesday, according to The Witness. An assistant officer surnamed Lam, who obtained the complaint form for Chow at his request, told the court that the form must be given to officers for a “safety check” before being sent out per the department’s procedures.
The purpose of the check was for officers to inspect if there were any forbidden items in the envelope such as blades or “obscene illustrations.” Lam said officers would not read the contents of a letter.
Lam added that according to procedure, officers would seal the letter after inspecting it and a senior officer would sign it. The letter would then be returned to inmates to place into a mailbox to send out.
He testified that he told Chow when he obtained the complaint form for him that he must notify officers so they could carry out the inspection.
The defence, however, said the notice in the Lai Chi Kok Reception Centre about the handling of Ombudsman complaint forms did not state that inmates had to hand the letter over for a safety check.
‘No case to answer’
On Thursday, the defence sought Chow’s acquittal, arguing that the prosecution’s evidence was insufficient.
The defence said the procedures in question were the department’s internal instructions and that there was no legal basis for them.
Judge Ivy Chui rejected the argument on Friday. The case was adjourned to Tuesday, with neither Chow nor Woo expected to testify or call witnesses.
Under prison rules, inmates may receive books, periodicals, newspapers or other publications from outside the prison subject to their approval by the corrections chief.
At the time of the arrests last October, local media outlets cited a since-deleted post on Chow’s Facebook page, which said the complaint stemmed from officers allegedly intercepting two books meant for Chow.
The two Chinese books were Hope Remark and Hope Remark 2 – Heart of the Hero, both about Buddhist teachings and published by a Taiwanese publisher.
Chow is among 47 pro-democracy figures charged in high-profile national security case relating to an unofficial primary election that aimed to select candidates for the Legislative Council election in 2020. He was convicted last month.
Together with other candidates who ran in the primary’s East New Territories geographic constituency, Chow will have his mitigation plea heard in August. He faces up to life imprisonment.
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