Charges filed by National Security Department as pro-democracy activist Owen Chow’s detention continues, allegedly sending complaint letter through lawyer

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28th October 2023 – (Hong Kong) Owen Chow, a candidate in the 2019 District Council election who is now remanded, was arrested by the National Security Department on the morning of 24th October. The arrest was made on suspicion of “removing unauthorised items from prison” and Chow was taken into custody along with two women. In an update posted on Chow’s Facebook page this afternoon (28th), it was announced that Chow and his representative lawyer were officially charged yesterday (27th) and are scheduled to appear in court next Tuesday (31st). The post also mentioned that, following legal advice, the team had deleted previous posts regarding Chow and his lawyer being arrested by the National Security Department, in order to protect the interests of all parties involved.

According to the Facebook post on Chow’s page, he was arrested by the National Security Department for allegedly “removing unauthorised items from prison.” The charges against Chow and his representative lawyer were officially filed yesterday evening (27th), and they are set to appear in court next Tuesday (31st).

The police have confirmed that the National Security Department has filed charges against the 26-year-old man and the 30-year-old woman for the offence of “removing unauthorised items from prison.” The case will be brought to court on Tuesday morning (31st) at the West Kowloon Magistrates’ Courts. The 29-year-old woman has been granted bail and is required to report to the police in late November.

According to Chow’s previous Facebook posts, he intended to write a letter of complaint to the Office of the Ombudsman regarding the Correctional Services Department’s prohibition on receiving books. However, the complaint letter “frequently failed to reach its destination due to interference from correctional officers.” As a result, he sought to send the letter through his lawyer but was subsequently arrested along with two lawyers “due to the intention to complain.” The Correctional Services Department stated that the allegations were unfounded and had no factual basis. The department clarified that, according to the legislation, any books or publications from external sources that contain content or have a nature that is detrimental to the rehabilitation of inmates or poses a threat to the security, order, and discipline of the institution may be withheld and not distributed. Upon reviewing the information, Chow’s Facebook posts indicate that the two books he was prohibited from receiving, “Warrior of the Mind” and “Hope for Rebirth,” were related to Mahayana Buddhism.

Regarding inmate complaints, the Correctional Services Department stated that there are multiple channels available for inmates who are dissatisfied with their treatment or wish to file complaints regarding their personal rights. These channels include contacting the institution’s management, approaching senior officials at the Correctional Services Department Headquarters during institutional visits, filing complaints with the Complaints Investigation Unit of the Correctional Services Department, submitting written complaints to Legislative Council members, the Ombudsman, statutory bodies, other law enforcement agencies, or government policy bureaus. Inmates can also seek assistance or file complaints directly with the visiting Justices of Peace on duty or apply for judicial review at the court. The department emphasized that various conspicuous locations within correctional institutions, such as the reception area, dining hall, and day activity room, are equipped with complaint boxes containing complaint forms in both Chinese and English. Inmates are free to request and submit these forms without postage, and there are no limitations on the number of complaints that can be filed.

Owen Chow Ka-shing, a Hong Kong localist camp activist born on 10th February, 1997, gained prominence for his involvement in the 2019 anti-extradition protests. He ran as a candidate in the 2019 District Council election in Tai Wai, although he lost to a pro-Beijing Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) incumbent and a Democratic Party candidate. Chow later participated in the pro-democracy primaries for the 2020 Legislative Council election in New Territories East, advocating for “rejecting colonisers” and “national resistance against tyranny.” Following the implementation of the national security law, which criminalises certain activities, he modified his election advertisements. Despite this, he managed to secure a nomination for the general election after receiving 16,758 votes. However, on 6th January, 2021, Chow was arrested, along with 52 other pro-democratic individuals, under the national security law for their alleged involvement in the unofficial primary elections. He was released on bail the next day but was subsequently charged with subversion on 28th February, 2021. Chow was detained in prison until 22nd June when he was granted bail by High Court judge Esther Toh, who believed he had not explicitly called for Hong Kong independence. However, on 12th January, 2022, he was re-arrested, and his bail was revoked due to allegations of breaking bail conditions and endangering national security through inciteful online postings related to the 2019 Prince Edward station attack and the 2019 Yuen Long attack.

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