The pro-democracy case involving the conviction of one of the 47 defendants, Andy Chiu, accused of removing unauthorized items from the prison during his detention last May, began trial on Thursday (27th) at the West Kowloon Magistrates’ Court in Hong Kong.
Chiu (26 years old) and Wu Wing-sze (30 years old) were accused of removing an unauthorized item from the prison in Hong Kong on May 2, 2023 – a document; both have denied the charges.
The prosecution called Lin Chun Cheung, a first-class correctional assistant at the Correctional Services Department, to testify today. He stated that on the afternoon of April 28, 2023, while distributing meals with Senior Correctional Officer Chan Yuk-lam, Chiu asked them for a complaint form from the Ombudsman’s Office. When Chan asked Chiu the reason for requesting the form, Chiu did not respond. After Lin completed meal distribution, he provided the form to Chiu.
Lin explained that before handing the form to Chiu, he required Chiu to sign for the distribution record book and explained the rules for using the complaint form. He also cautioned Chiu not to send it out himself, but to inform the duty officer for a security check, after which it would be sealed without the contents being read. He reminded Chiu that even if there were errors on the form, it must be returned. Chiu acknowledged this and did not mention any intention to send it out through a third party.
Lin further testified that as per procedure, correctional officers conduct security checks in front of the inmates, without reading the content. After the check, the complaint form is sealed, counter-signed by a senior correctional officer, and then the inmate personally places it in the mailbox for mailing.
During questioning by the defense attorney representing Chiu, Dong Haizhe, Lin confirmed that there is a notice from the Ombudsman’s Office posted in the Lai Chi Kok Reception Centre, stating that “inmates have the right to complain directly to the Ombudsman. To file a complaint, simply request a postage-free complaint form from the duty officer, fill it out, seal the form and place it in the mailbox for collection. All complaints will be kept strictly confidential.” There was no mention that a security check needed to be conducted and then handed over to correctional officers before sending out the form, to which Lin agreed that the notice did not specify this.
Under further questioning, Lin confirmed that when he distributed the form to Chiu, Chiu mentioned that his family had tried to send him two books, “Hope for a New Life” and “Warrior of the Heart,” but failed, and the book covers were torn for unknown reasons, suspecting that correctional officers tore the covers and refused to allow them in. The defense also highlighted that Lin did not explain the complaint rules to Chiu after giving him the form, allegedly warning Chiu to “be careful, as security is targeting you,” which Lin denied saying.
The defense attorney for Wu Wing-sze, senior barrister Wang Zhengyu, pointed out that under the Prison Rules, correctional officers must allow inmates to write to the Ombudsman and are not permitted to open or search letters sent to the Ombudsman, nor read the contents. Lin Chun Cheung acknowledged that legally, correctional officers have no right to prevent inmates from sending complaint letters. He also confirmed that without following the procedure of submitting the complaint form to correctional officers for a security check and counter-signing by a senior correctional officer, inmates cannot send out complaint letters. The defense questioned where these procedures are specified, stating that they are not found in the “Prison Rules,” to which Lin expressed uncertainty.
Senior Correctional Officer Chan Yuk-lam also confirmed during questioning by the defense that the notice did not specify that the complaint letter had to be sent out by correctional officers, indicating that the complaint letter could be passed to lawyers or relatives for forwarding, but must be applied for in advance. Without prior approval or if the inmate is not granted permission by correctional officers, they cannot have others forward the complaint letter. He stated that the “Prison Rules” do not mention these matters, as it is departmental guidance.