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Judge authorizes attempted murder trial in shooting over Spanish conquistador statue_我的网站

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    West Kowloon Law Courts Building in Hong Kong Photo: VCG
The anti-China group "Hong Kong Alliance in Support of Patriotic Democratic Movements of China", along with its former chairman and vice-chairpersons Lee Cheuk-yan, Albert Ho Chun-yan and Chow Hang-tung, were charged with inciting others to subvert state power and have been remanded in custody since then. The local court in Hong Kong found two defendants guilty on Friday, and Ho pleaded guilty before the trial began, local media reported. 
The central government's office for safeguarding national security in the Hong Kong Special Administrative Region (HKSAR) voiced support for the court's lawful prosecution on Friday, saying that the verdict demonstrates the spirit of the rule of law and upholds the authority of the National Security Law (NSL) for Hong Kong. 
The HKSAR government also welcomed the court's guilty verdict. HKSAR Chief Executive John Lee Ka-chiu said that for a long time, the Hong Kong Alliance had deliberately sown seeds of hatred toward the Communist Party of China (CPC) and the central government in Hong Kong society. Through various means, it sought to incite feelings of dislike and hatred toward the CPC and the central government among members of the public, and to encourage the public to subvert state power, RTHK reported. 
The defendants' long-standing conduct endangered national security, and their plot was plainly evident and had to be punished, Lee said.
Inciting subversion of state power is an extremely serious offense, he said. The HKSAR government has a responsibility to safeguard national security and will resolutely prevent, stop and punish acts and activities that endanger national security, Lee noted. 
In this case, the local court in Hong Kong clearly set out how Hong Kong courts understand and apply the provisions of the Chinese Constitution. The ruling will also serve as a legal principle and precedent, providing an important reference for future cases. It is consistent with legal principles and carries legal force, some legal experts said. 
Looking back at the case, the prosecution and defense engaged in intense legal arguments over the boundaries between freedom of expression and national security, with the core dispute going to the constitutional and legal limits under the "One Country, Two Systems" framework, Willy Fu, a law professor who is also the director of the Chinese Association of Hong Kong & Macao Studies, told the Global Times on Friday. 
In its closing submissions, the prosecution argued that the defendants' long-standing slogan of "ending one-party rule" was not merely a political advocacy campaign, but was essentially aimed at rejecting the leadership of the CPC and attempting to subvert the fundamental system of the state, Fu continued. 
Such conduct, the prosecution argued, went far beyond the scope of freedom of expression protected by the Basic Law and the NSL for Hong Kong, and constituted an objective act of inciting subversion of state power through "unlawful means," Fu said. 
In this case, the local court in Hong Kong clearly set out the Hong Kong courts' understanding and application of the provisions of the Chinese Constitution. The ruling will also serve as a legal principle and precedent, providing an important reference for future cases. It is consistent with legal principles and carries legal force, Chu Kar-kin, a veteran commentator based in the HKSAR and member of the Chinese Association of Hong Kong and Macao Studies, told the Global Times on Friday. 
Hong Kong judges likewise need to receive comprehensive and systematic education on China's national Constitution, Chu said. 
The Constitution is the fundamental law of the state and the most important component of the constitutional order of the HKSAR. The core of the constitutional order of the state is the establishment of the CPC's position as the governing party. The Preamble to the Constitution makes it clear that the leadership by the CPC is the core and foundation of the constitutional order of the PRC, a spokesperson from the HKSAR government said on Friday. 
The HKSAR is an inalienable part of the PRC. The state provides the fundamental guarantee for the prosperity and development of Hong Kong, and the highest principle of "One Country, Two Systems" is to safeguard national sovereignty, security and development interests, the spokesperson said. 
The HKSAR Government will resolutely safeguard the fundamental system of the state established by the Constitution and the security of state power, and will, in strict accordance with the principle of the rule of law, prevent, suppress and punish acts and activities endangering national security with full force and in accordance with the law, the spokesperson added. 
。    SANTA FE, N.M. -- A judge on Friday ordered an attempted murder trial for a New Mexico man accused in the shooting of a Native American activist amid confrontations about aborted plans to reinstall a statue of a Spanish conquistador outside a government office.State District Court Judge Jason Lidyard found sufficient evidence to support charges of attempted murder and assault with a deadly weapon against 23-year-old Ryan David Martinez in connection with the shooting that was recorded by bystanders with cell phones and by surveillance cameras.Martinez was arrested on Sept. 28 after chaos erupted and a single shot was fired at an outdoor gathering in Española over canceled plans to install a bronze likeness of conquistador Juan de Oñate, who is both revered and reviled for his role in establishing early settlements along the Upper Rio Grande starting in 1598.The shooting wounded Jacob Johns, of Spokane, Washington, a well-traveled activist for environmental causes and an advocate for Native American rights who is of Hopi and Akimel O’odham tribal descent. Multiple videos show Martinez attempting to rush toward a shrine at the center of prayers and speeches in opposition to installing the statue on that spot — only for Martinez to be blocked physically by a group of men. Voices can be heard saying, “Let him go,” as Martinez retreats over a short wall, pulls a handgun from his waist and fires one shot.Lidyard said Martinez should have known he was provoking a crowd with contrary views who opposed the statue's installation as he repeatedly tried to push or rush past peaceful demonstrators. He highlighted that Martinez had arrived with a fully loaded, concealed handgun in a holster and had a second loaded handgun in his car with two additional loaded magazines of ammunition at hand.“Mr. Martinez’s intentional acts of attempting to enter into an area of counter protesters, whether or not it was a public area, would lead a reasonable person in his same circumstances to know that it would cause provocation,” Lidyard said at a county courthouse in rural northern New Mexico. That he “would intentionally provoke them while knowing full well that he was carrying a concealed firearm is sufficient to find probable cause for attempted murder in the first degree.”The ruling followed nearly five hours of testimony from law enforcement officers, including a sheriff’s deputy who says Martinez repeatedly directed an expetive at him and people around him without obvious provocation. Eyewitnesses testimony was also provided, including from a 23-year-old woman who said Martinez leveled the gun at her after wounding Johns.Martinez, of Sandia Park, has pleaded not guilty to charges of attempted murder and assault with a deadly weapon. Defense attorney Nicole Moss said her client came to take pictures with his cell phone, never hid his identity and was shoved to the ground by several larger men.“Fearing for his life because he was so outnumbered by all these men, he pulled his firearm that he possessed lawfully — he had a concealed carry permit — and he fired one shot at Mr. Johns in self-defense,” she said.The judge also ordered that Martinez remain incarcerated while awaiting trail, citing a long list of safety concerns, some based on newly revealed evidence that Martinez appeared to be converting semi-automatic guns at home to automatic weapons and was building untraceable gun parts at home using a 3D printer. State police also interviewed a former neighbor of Martinez who told them he saw Martinez out at night in a residential neighborhood dressed in body armor with an assault-style rifle and handgun.The judge said he also weighed in violent threats Martinez made against the U.S. Federal Reserve banking system on social media as early as 2018, noting Martinez the FBI warned him in 2020 to refrain from further threatening behavior.Johns remains in fragile health at a hospital in Albuquerque, according to his mother LaVerne McGrath, who attended Friday's hearing. She fought back tears during witness testimony and repeated viewings of videos of the shooting.“I'm sad but I'm really honored for all of the support that's been given to this community, to my son,” she said. “He's got people from around the world joining hands.”Five of Martinez's relatives, including his father, attended the proceedings but declined to comment. They gathered in a circle to pray during one court recess.。

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