Lam Claims Govt Battling Misconceptions

A top judge quits and police redefine reporting in HK

 

It was shocking news to hear that an Australian judge had resigned from the Court of Final Appeal back on September 2, but it was only disclosed a few days ago, after the announcement was gazetted. The other concern was why.

Apparently he did not explain why in his resignation letter, but Justice James Spigelman later told the Australian Broadcasting Corporation it was because of the new national security law, but would not elaborate further. He is quitting two years ahead of schedule as a non-permanent judge in Hong Kong's highest court.

Today in her regular press briefing, Chief Executive Carrie Lam Cheng Yuet-ngor insisted the judicial system remained intact despite Spigelman's imminent departure, and she would not speculate on why he was leaving even though he had briefly explained to the ABC.

Carrie Lam claims judiciary still in tact

"In his resignation to me, he did not mention at all any reason or any consideration in his decision. So I cannot speculate on his rationale for doing so, except to stress under the Basic Law, we welcome judges from other common law jurisdictions to sit on the Court of Final Appeal," she said.

"And right now, we have 13 very eminent judges from common law jurisdictions, and I'm sure Hong Kong will benefit from their wise counsel and expertise in adjudicating cases."

Should we be comforted by this? There are concerns other judges may quit as well, though one, Justice Robert French told the ABC he would stay on.

"I have the greatest admiration for the chief justice and other permanent justices of that court and for their commitment to maintaining its judicial independence," he said.

"My continuance in office is a reflection of my support for their commitment and my belief in their capacity to give effect to it. I would not continue if I believed otherwise."

Nevertheless, Lam admitted today the government was battling perceptions about the new national security law internationally, that it was opaque in its definition and appeared to repress people's freedoms.

But she felt those concerns were misplaced.

Justice James Spigelman has quit top court

"Whether it is the constitutional arrangement or the enactment of the national security law, they will not affect judicial independence or the rule of law," she said.

"The legal system is as robust as ever under the national security law."

Lam said the government and China's foreign ministry have been countering what she claim

ed were misrepresentations, and that they were explaining to the international community that the new law aimed at restoring law and order in Hong Kong and make the city a more attractive business hub.

Law and order is being restored according to the police's own definition and not according to the Basic Law. Today the police announced it will limit only reporters from news outlets recognized by the government to attend press briefings and restricted areas.

Starting from tomorrow, the force will stop recognizing press accreditation issued by local media groups or journalist associations, unless they are registered with the Information Services Department. Internationally recognized media outlets will not be affected.

The big question is -- does this mean Apple Daily -- will be allowed behind restricted lines?

The police claims this new move will prevent political activists and "fake reporters" from attending these press briefings, while local media organizations, including the Foreign Correspondents' Club have blasted this latest development, accusing it of suppressing press freedom.

Police now decides who is media and who isn't

"Journalist associations have been calling on us to give a clear definition of 'the press'. The new measures provide an objective and transparent definition, which helps facilitate real members of the press to do their job," said a senior officer involved in formulating the new policy.

However, leading journalist groups said the definition had been changed without them being consulted.

Previously, media representatives were defined as news workers in possession of identity proof issued by individual newspapers, news agencies, or television and radio outlets, as well as those with membership cards provided by the Hong Kong Journalists Association or the Hong Kong Press Photographers Association.

But apparently now the police won't recognize the above definition anymore -- meaning media outlets and journalism associations don't mean anything to the force, real or fake.

HKJA chairman Chris Yeung Kin-hing said the change was "very sudden and regrettable", as the existing arrangement had been agreed after discussion with the police and government.

"It's damaging to our working relationship with the police as they changed it without consulting us," he said. "There has been no proven case that the HKJA or the photographers association's membership cards caused any problem. The force just used the public impression that there are 'fake reporters' as the basis to make this change."

Reporters routinely tear gassed by police last year

The police are using this latest move to control the narrative after the negative reporting on their tactics against protesters during last year's protests. This does not bode well for media organizations, as well as young student reporters, many of whom have been fearless in their front-line reporting. 

One of the latest by student reporters was the video clip of the 12-year-old girl who was pinned down by police on September 6 in Mongkok during a protest; the girl claims she was in the area buying art supplies.

Hong Kong is changing rapidly, its authorities spinning its own revisionist history, and no

w proactively moving towards controlling the narrative despite claims that free press and free speech are alive and well.

Sadly the city's band of journalists who believe "the pen is mightier than the sword" are waging a political battle of not only getting the truth out, but also proving their own integrity.