Sunday, 31 October 2021

Forcing HK Residents to use Contact-Tracing App


NGOs are giving some donated smartphones to homeless

Starting November 1, the Hong Kong government will make it mandatory for anyone entering a government building, facility, wet market, swimming pool, library and post office to use the Leave Home Safe app in a bid to strengthen contract tracing, even though there are zero local cases for the past 23 consecutive days.

It has forced many, who up until this point, have filled out their details on slips of paper, to either finally download the app on their phone or get a second phone just for this exercise.

Chua hopes govt will be more lenient to people
However, there are still many, particularly the homeless who have no access to smartphones and the NGOs assisting them have asked the government for leniency for this group of people.

"I hope government departments will be lenient, understand people's needs and give them alternatives, like leaving their contact details so they would not be scared off and avoid visiting clinics or the government's social service offices," said Chua Hoi-wai, chief executive of the Hong Kong Council of Social Service.

He hoped there would still be slips of paper available for them to leave their contact details. Chua added some NGOs have handed out donated second-hand smartphones with the app installed to low-income residents and taught them how to use it. 

App must be used in all govt buildings
"We also hope the government will work with us to provide cheaper or second-hand phones to those who have the ability to use but merely cannot afford them," he said during a radio program.

During the same program, Secretary for the Civil Service Patrick Nip Tak-kuen said officials will be lenient at first, but residents should be cooperative in using the app. He added the administration was aware of vulnerable groups that may not have access to smartphones and was making an effort to take that reality into account.

"For those who do not have access to smartphones, they will be asked to leave their personal details. They will be asked to show their identity card and have their names, part of their ID number and contact details jotted down to ensure accuracy," Nip said.

"We understand there will be difficulties when it's first implemented. Our colleagues, based on actual circumstances, will be lenient at first, but we also hope everyone will be cooperative."

He said the number of QR code signs will be increased outside of markets to avoid long queues forming.

Nip says officials will be lenient at first
Does the Leave Home Safe app really work? Hard to tell since we haven't had any recent outbreaks  in the community, and there are many flaws with the app, including not having to register a name due to privacy issues, and not every shop or mall insisted on people scanning the code.

So it seems more of an exercise to tick off the boxes than really helping with contact-tracing...

Saturday, 30 October 2021

Carrie Lam Urges Youth to Change System from Within

Lam on RTHK on devoting 41 years to public service

Hong Kong Chief Executive Carrie Lam Cheng Yuet-ngor says young people can create change from within the system, much like she did, looking back on her 41 years of public service, all the way back to when she was a student activist.

She said this during an episode on RTHK's series Overview Policy, a program dedicated to reviewing her administration's track record since 2017.

Lam (circled) says she was a student activist
The episode was filmed before she fractured her elbow after a fall at Government House last week.

Lam said she was satisfied with her administration's efforts to give Hong Kong's young people a greater voice in local affairs, noting they had recruited them to serve as members of government advisory bodies.

"[These young people] are of very high quality, and they do care very much about Hong Kong. What we should do is to promote that caring attitude among our young people. If you care about Hong Kong, you won't do anything that will ruin Hong Kong," she said apparently alluding to the 2019 anti-government protests.

She recalled being a student activist in her university days.

"If I wanted to push for change in society, there were two paths for me to take when I left university 41 years ago. One was for me to [fight for ideals] from outside [the government], as a social worker, or whatever. The other was to join the establishment.

These students from 2019 were activists too
"And I believe that if I had the heart to serve the community, and I had the commitment and held a proactive attitude, I would be able to get things done. And the path I have taken over the past 41 years showed my idea was practicable.

"I hope more young people can have that belief."

Indeed, that's what many young people did, after the 2014 Umbrella Movement -- they actively established political parties and ran for the legislative council in 2016 and district councils in 2019.

They tried to create change from within. And then what happened?

Many of them were disqualified one way or another from Legco.

In the 2019 District Council elections, 17 out of 18 districts were pro-democratic (388 vs 39 pro-establishment). And then after the national security law was implemented in 2020, over 70 percent of district councillors resigned or were disqualified.

Wong tried to change the system from within too
Some people on social media sarcastically saying to Lam: "They tried to work from within. And then y'all disqualified them. And now they're either in jail or exiled. Remember? Or did you just mean, "Just agree with me and the changes I want to make?"

Everyone cares about Hong Kong. Everyone is of a very high quality or they wouldn't be here.



Friday, 29 October 2021

Health Minister Reiterates Zero-Covid Goal


Chan rebukes those who think zero-Covid is "unattainable"


The claws were out when Secretary for Health Sophia Chan Siu-mee admonished a leading epidemiologist for criticizing the Hong Kong government's latest policy change of having patients who have recovered from Covid-19 to do another two weeks in a designated quarantine hospital.

Chan said the University of Hong Kong's Ben Cowling, who is public health expert, was wrong to call the measure "unethical", as he was going against the government's zero-Covid goal, which was "in line with the aspirations of our community".

Cowling says new policy wastes resources
She also suggested his criticisms of the policy were based on a flawed premise.

Ouch.

"Questioning longer isolation of patients to further reduce risk of virus shedding is premised on a small risk being acceptable," Chan said.

"This goes against the government's zero-Covid goal, which aims to prevent importation of cases and spread of the virus in the community. More importantly, measures taken by the government for the community's interest must not be called 'unethical'."

As of Wednesday, all recovered Covid-19 patients must go through another 14 days of quarantine at North Lantau Hospital Hong Kong Infection Control Centre, which means spending a minimum of 24 days in treatment and post-discharge quarantine before being allowed to go home. 

Chan said the new rules were designed to "further minimize any residual risk of discharged patients shedding virus in the community", adding such a threat "admittedly is low but not zero".

Lantau North Hospital takes recovered patients
Two days earlier, Cowling, who is currently going through 21 days' quarantine, went on Twitter to say the new policy was a "waste of resources and actively harming the patient with no community benefit to offset against". He also said the policy was not medically justified.

Chan said she respected his opinion but disagreed with academics who considered zero-Covid "unattainable, unsustainable or unworthy".

"It is understandable that they perceive our stringent but necessary measures to maintain zero-Covid as harsh," she added. "However, zero-Covid is our best strategy not only on public health but also social and economic considerations, and is in line with the aspirations of our community."

What are the aspirations of our community? Do they really want zero-Covid, or they are willing to live with the virus?

Let's take a referendum on this -- oh wait we can't.

So Chan is assuming she is speaking for the majority of "our community" that we all want zero-Covid.

Do Hongkongers want zero-Covid too?
It's interesting she has sharply rebuked Cowling, but it's Chan's demonstration of her towing the government's line that Chief Executive Carrie Lam Cheng Yuet-ngor so desperately wants to show Beijing that Hong Kong can achieve zero-Covid to open the border.

Hong Kong practically has zero cases except for imported ones. If anything Lam could and should boost the vaccination rate, particularly among the elderly. We are all waiting for more stringent measures to take place, but nothing yet so far... 


Thursday, 28 October 2021

Alliance's Legal Status Limbo

The alliance was disbanding when it was struck from registrar

Hong Kong Chief Executive Carrie Lam Cheng Yuet-ngor wants to make sure the Hong Kong Alliance in Support of Patriot Democratic Movements of China  is as good as dead.

Chow was in court today for violating NSL
On Tuesday she ordered the group, which had organized the June 4 candlelight vigils in Victoria Park for 30 years, be struck from Hong Kong's Companies Registry.

But that left a legal conundrum today when the alliance, together with its chairman, Lee Cheuk-yan, and vice-chairpersons Albert Ho Chun-yan, and Chow Hang-tung, were charged last month with inciting subversion, and of inciting others to "organize, plan, commit or participate in acts by unlawful means wiht a view to subverting state power". 

If convicted, the defendants could be sentenced to up to 10 years in prison under the national security law. The organization could face a fine and compulsory closure if convicted.

The magistrate presiding over the case questioned whether it is lawful to continue pursuing the national security law case against the group, given its recent disbandment, likening the situation to prosecuting a dead person.

Tsoi is liquidating the alliance
"I am not sure whether such an analogy is proper, but [the alliance] is akin to a person who dies in the middle of a prosecution," Acting chief magistrate Peter Law Tak-chuen said. "The prosecution needs to sort out the legal status [of the alliance]."

Law said in all his years on the bench he had never encountered such a problem before.

The case was adjourned until January 10, and the magistrate named former alliance secretary Richard Tsoi Yiu-cheong, who was previously appointed the liquidator, is now an interested party in the proceedings.

Lam had ordered the alliance be struck from the registrar, even though the members of the group voted to disband in September.

Lee said deregistering group would not affect trial
When the Chief Secretary John Lee Ka-chiu was asked about the alliance's legal status, on Wednesday, he insisted the decision to deregister the group would not affect the court proceedings.

Well, it did.


Wednesday, 27 October 2021

Even Stricter Covid-19 Policies Baffles Expert



Hong Kong is closing loopholes in quarantine exemptions

Starting from today, anyone who was infected with Covid-19 and is discharged from hospital, must spend another 14 days in isolation and health monitoring.

The recovered patients will be sent to North Lantau Hospital Hong Kong Infection Control Centre for two weeks.

Beds at the newly opened North Lantau Hospital 
This new rule is one of the ways the Hong Kong government hopes to reopen the border with the mainland, though this latest policy comes into effect as it was revealed there is a shortage of health care staff in public hospitals.

Epidemiologist Ben Cowling of the University of Hong Kong's School of Public Health said the new policy was "ridiculous" and "unethical" on his Twitter posts.

He wrote that the policy was a "waste of resources and actively harming the patient with no community benefit to offset against."

"That makes it unethical surely," he said as he himself is undergoing quarantine. "I hope it doesn't also apply to 're-positives', that would be even more ridiculous."

Cowling, a leading infectious disease expert, added there were no known cases around the world where a recovered, or even a re-positive case, had triggered a community outbreak.

Cowling says extra isolation is "ridiculous"
"The previous policy is that people who have Covid are put in isolation until doctors are confident that they've recovered and they're no longer contagious -- they're no longer a threat -- if they're discharged," he said.

"That's happened more than 10,000 times, throughout more than 10,000 discharged cases back into Hong Kong. There have never been any report of any recovered case triggering a community outbreak and that's the same as the rest of the world."

Meanwhile the Patients' Rights Association, a group advocating medical causes with a focus on underprivileged residents, warned that authorities risked discouraging low-income patients from getting tested for fear of being locked up for a sustained period of time without pay.

"The government should remove economic disincentives for poor people to seek medical help, either in the form of direct subsidies, or by asking the Community Care Fund or charities to step in to help," the association's Tim Pang Hung-cheong said Wednesday.

"The city's low-income residents who are just getting by cannot afford to lose a day's income, and might even lose their jobs due to a long absence from work."

Pang worries low-income earners will lose jobs
This latest policy change is one of several the government has pitched in a bid to ease Beijing's fears and result in reopening the border with the mainland.

Other initiatives include revoking quarantine exemption privileges to people such as diplomats, business executives of listed companies, truck drivers, crew members of fishing vessels, certified accountants, and cruise ship crew.

While there are debates about what the science says and what Hong Kong will do to placate Beijing -- even though it recorded 50 new cases today and Hong Kong has had zero cases for the past 19 days -- it is more and more apparent which strategy the city is leaning towards to keep Covid-19 at bay...






Tuesday, 26 October 2021

Drifting from the Truth

Amnesty International is leaving Hong Kong by end of 2021

Yesterday human rights group Amnesty International announced it was closing its two offices in Hong Kong, because of the national security law.

In a statement it said its local office focused on human rights education in Hong Kong will cease operations on October 31, while the regional office that conducts research, advocacy and campaigning work is expected to close at the end of the year.

Bais says Amnesty leaving because of NSL
Regional operations will be moved to the organization's other offices in the Asia-Pacific.

"This decision, made with a heavy heart, has been driven by Hong Kong's national security law, which has made it effectively impossible for human rights organizations in Hong Kong to work freely and without fear of serious reprisals from the government," said Anjhula Mya Singh Bais, chair of Amnesty's International Board.

"The environment of repression and perpetual uncertainty created by the national security law makes it impossible to know what activities might lead to criminal sanctions."

This morning Chief Executive Carrie Lam Cheng Yuet-ngor went back to work, arm in a cast and in her media briefing was ask to comment about Amnesty International leaving Hong Kong because of the national security law.

Lam claims there is still freedom of speech
"Since the enactment of the national security law, different associations and various individuals have explained or justified their actions on the basis of the national security law," said Lam. "But there is no way one could prove this is exactly the reason for their taking such a decision, so similarly I could not comment on this explanation given by an organization about their departure from Hong Kong. 

"But what I could say here is, under the Basic Law... the freedom of association, the freedom of assembly, the freedom of speech, so on, are being guaranteed, so no organizations should be worried about their legitimate operations in Hong Kong, but it has to be done in accordance with the law."

Even though Amnesty International cites the national security law for it having to shut its offices in Hong Kong, Lam claims there is no way to prove this reason, classic gaslighting, which she has been doing since the anti-government protests in 2019.

Orwell's quote still resonates today in Hong Kong
The definition of gaslighting: to manipulate someone by psychological means into doubting their own sanity.

The other day a friend posted on social media a picture of George Orwell and one of his quotes that read: "The further a society drifts from the truth, the more it will hate those that speak it."



Monday, 25 October 2021

HK Borders May Lift a Year from Now


There could be a lot more expats leaving HK next year

When is Hong Kong going to lift its borders? This is the constant question asked by everyone everyday and people's patience is wearing thin.

Up until yesterday many of us were led to believe things would slowly get back to "normal" after the Beijing Winter Olympics in February 2022. A few months from now, OK understandable from the Chinese capital's perspective desperate to have zero cases and zero disruptions.

But yesterday the Financial Post was reporting opening the border would happen in November 2022, just over a year from now. Another at least 365 days.

People are getting tired of no no-quarantine travel
A massive collective groan could be heard all over the city when people read this.

The reasoning?

"A significant outbreak in China or Hong Kong would also be politically sensitive, as Beijing prepares to host the Winter Olympics in February and President Xi Jinping seeks to secure a third term in power later next year. Hong Kong will also hold a leadership election in March and mark 25 years since the handover from British to Chinese rule of the city in July," the report says.

And here's the kicker:

"The new policy is expected to last into 2022 -- possibly until after the Chinese Communist party congress in November, according to one Chinese government official -- and authorities have not proposed any timeline for loosening the rules."

What does this mean?

A lot of expats who were thinking about possibly leaving next year are probably going to make the move, fed up with the government not rewarding residents for getting vaccinated to make it easier for them to travel, or their work is travel-related and they need to get on with it, or they want to see their loved ones but not be penalized by having to do up to 21 days' quarantine in a hotel room they have to pay for and not be sure of the conditions of the room or the food, or possibly catch the virus while in quarantine.

Lam aligning Hong Kong with China, zero-Covid
Or perhaps as someone suggested on Twitter, this was a non-political way for the Hong Kong government to get rid of expats to make the city more of a mainland one.

Various western chambers of commerce have had talks with the government, trying to persuade it to lift the quarantine restrictions to a maximum of 14 days and open the borders to other countries, but earlier this month, Chief Executive Carrie Lam Cheng Yuet-ngor said Hong Kong's ties with the mainland are more important than international business and global travel connections. 

So there it is, Hong Kong's determination, or rather Lam's determination to stand with China on all things Covid, which means following Beijing's zero-Covid goal.

As they say, "If you don't like it, leave", and many people may do just that.

Sunday, 24 October 2021

Picture of the Day: Green Star Ferry


Another gorgeous evening from the Star Ferry pier


Last night I took the Star Ferry home from Tsim Sha Tsui and noticed a sign inside the vessel.

This sign caught my eye boarding the Star Ferry
It said:”Green Star Ferry. You have boarded the first low-emission Green Ferry running daily service in Hong Kong, equipped with diesel-electric propulsion system.”

Indeed! Gone were the big puffs of black smoke from the chimney, and hearing the motor lumbering along, like a tired work horse.

Instead Morning Star was quiet and smooth, and environmentally friendly!

Morning Star was retrofitted with the diesel-electric propulsion system and relaunched back into service in July 2020. 

Great to see another green initiative in HK
The diesel powered generators supply electricity to drive through propulsion engine. There are two smaller generators that power the lighting and ventilation.

Hope more of the Star Ferries will switch to this system to be more sustainable in the long run.

Saturday, 23 October 2021

Two Pianists, One Star Rises, the Other Falls


Liu stands after his winning performance in Warsaw
 

Just as a new piano star is crowned, another has fallen in disgrace.

On October 21, Bruce Xiaoyu Liu of Montreal, Canada was named the winner of the prestigious 18th Frederic Chopin piano competition that comes with 40,000 euro (US$45,000) in prize money in Warsaw, Poland.

The 24-year-old who was born in France, is taking the big win in stride, though he hopes he can continue his "hobby", because he doesn't want piano playing to become something he has to do out of obligation.

He beat out 86 other young pianists around the world to clinch first prize in the competition that is only held every five years, but was delayed last year because of the coronavirus pandemic.

Liu knows his career will accelerate from now on
During the competition Liu wowed the audience with his interpretation of the Piano Concerto No. 1 in E Minor, Op. 11. Even before the last notes were played the people, many of them music critics and Chopin experts, shouted and clapped, impressed by his intense playing. He says the performance was a blur and he didn't get much sleep before the competition.

When asked how he will celebrate his win, Liu said he didn't have time to think about it because he will be going on tour and it will be a while before he returns to Montreal. 

Nevertheless he seems to be taking it all in stride.

Liu describes his victory as a "life-changing event", and knows his career is about to accelerate and he is "ready for it".

But on the opposite end of the spectrum is well known pianist Li Yundi, who was reportedly caught with a prostitute in Beijing.

The news broke on the same evening of October 21 with police reporting they had detained a 39-year-old pianist surnamed Li on suspicion of patronizing a 29-year-old prostitute in the Chinese capital. 

Li also won the Chopin competition in 2000
Cryptically the police posted a picture of a keyboard with a message: "The world is not simply black and white, but one must distinguish black and white. It must never be mistaken."

Li rose to fame in 2000 when he won the Frederic Chopin competition at the age of 18. However, in recent years he has moved away from serious classical music performances and more towards entertainment shows in China.

Later a police statement did not specify how long Li would be detained, but according to Chinese law, soliciting prostitution is illegal and typically leads to administrative detention of between 10 and 15 days. It could be reduced to five days or fewer if the circumstances of the offence are minor.

However, the damage has already been done and the fallout begun -- the "prince of the piano" has been boycotted and numerous organizations have cut ties with Li, including the China Musicians Association, the Sichuan Conservatory of Music, and Mango TV, where he was part of a televised talent show named Call Me By Fire.

Esteemed China law expert Jerome Cohen questions why Li was singled out when so many others solicit the services of prostitutes but aren't prosecuted.

Li detained for allegedly soliciting a prostitute
"Did he offend a leader by some remarks of a political or personal nature? Was he 'set up' for this charge? Can one be confident that the facts alleged are true? Is this the use of the police as an instrument of revenge by some powerful person? Is this simply a part of the current campaign to transform and 'purify' the entertainment and other industries? Will Li be allowed to leave the country after serving his punishment to pursue his career abroad? That seems unlikely," Cohen writes in his blog.

"Prostitution is such a time-honoured Communist Party claim against political opponents that one has to be suspicious of this case. In any event, the manner by which the police have made the matter public only adds to the unsavoury story."

We will have to wait to see the fate of Li, while we hope to one day watch Liu's performance in person.

 


 

Friday, 22 October 2021

Government App Creates Digital Divide


Government is enforcing the use of Leave Home Safe app

The Hong Kong government is desperately thinking of ways to please Beijing in order to lift the border, and the latest move is to make anyone who wants to enter a government building use the Leave Home Safe app from November 1.

That means barring them from concert venues, libraries, sports facilities, government buildings and museums. It's not clear if this will also extend to public washrooms and wet markets.

The app logs in places the user has been to
While there are some people who refuse to download the app for various reasons that range from distrust of the government to not believing in the app's effectiveness, others simply don't have a smartphone, and so they can't use the app to scan a QR code to check in and check out of any building, restaurant, hotel, shop and so on.

But NGOs are particularly concerned for those in the low-income bracket who can't afford to have a smartphone, and as a result will not be able to access the services they need.

Anne Sit Kim-ping of the Society for Community Organisation (SoCO), said she feared the homeless, who relied on freely available public facilities such as libraries and sports centres, would now be unable to enter, given that many did not own a smartphone.

The homeless also often sought help in processing aid documents from various government offices, including the Social Welfare Department, Home Affairs Department, and judicial buildings. 

"We are concerned that homeless people will find it very difficult to look for help when this new requirement sets in," she said.

Those who don't have the app can't access libraries
"During the summer months, public libraries are one of the few places where homeless people stay indoors during the day. Street sleepers also use free public access to sports centres to refill water bottles or take a simple shower."

According to government figures, the number of registered homeless people in Hong Kong rose to a record high at the end of June to 1,562, compared to 787 in 2014. The numbers of unregistered homeless people is probably even higher.

Sit estimated just 10 to 20 percent of homeless people the NGO worked with owned a working smartphone, adding that charities typically lent only basic phones that didn't have the capability to support mobile apps.

Up until now people who do not use the Leave Home Safe app in government buildings had the option of filling out their contact details on a paper form. But from November 1 that will not be available.

They won't be able to go into museums either
There are exemptions for those under 12 and over 65 years of age, and the disabled who cannot use the app. They will need to fill out their names, the first four digits of their ID cards and the date and time of their visit.

By scanning the QR code, the Leave Home Safe app logs all the places the person has been including the date and time. When someone test positive and was in the same location at the same time, they are supposed to be alerted to get tested right away.

However, by making everyone use the app, that immediately creates a digital divide for the haves and have-nots, people Sit is referring to who not only need access to government departments, but also use basic facilities. By not having a smartphone, these underprivileged people will be shut out even further from society and their dignity more profoundly affected.

Obviously the government has not thought about these people, and a solution needs to be found. Quick.

Thursday, 21 October 2021

Sleeping Bus Tour in HK

Now the sleep-deprived can catch up on sleep on a tour bus

I'm surprised this business opportunity was not spotted before the pandemic, but interesting it is now here -- long bus rides specifically for people to catch up on their sleep.

There is a 83km or over six-hour ride on a regular double-decker bus that goes around Hong Kong for people who want to snooze.

"When we were brainstorming new tours, I saw a social media post from my friend saying he was stressed out by his work, he couldn't sleep at night," said Kenneth Kong, the marketing and business development manager of ulu travel, the tour bus organizer.

A local tour company organizes the 6hr bus trips
"But when he was traveling on the bus, he was able to sleep well. His post inspired us to create this tour that lets passengers just sleep on the bus."

Tickets cost around HK$129 for a single seat, to HK$899 for those who want to take up extra seats, and depending on if they choose the upper deck or lower deck, and the each passenger gets a lunch to consume outside the bus, and a goodie bag that includes an eye mask and ear plugs.

The first "Sleeping Bus Tour" was last Saturday and it was sold out. Some passengers even brought their own blankets, or changed into slippers, or settled in with travel pillows.

The tour starts in Tsuen Wan and goes all the way to Tuen Mun, even makes stops for people to take pictures, including the aircraft maintenance area near Hong Kong International Airport.

One passenger, Marco Yung, joined the tour, as he usually manages to fall asleep on the bus during long journeys. 

Dr Shirley Li, the principal investigator of the Sleep Research Clinic and Laboratory at the University of Hong Kong says people's tendency to fall asleep on public transport is a type of conditioning.

Don't disturb people trying to sleep on this tour!
"People in Hong Kong don't have enough time to sleep," Li said. "That's why we have to kind of use other times to sleep, which is our daily commute, especially when we are traveling on public transport.

"For some people, they may tend to associate public transport with their sleep. And that's why they found it easier to fall asleep on the bus," she said. 

To pass the time, some people like to board random buses to see where they go, while this one is geared towards the sleep deprived. 

Have people become so desperate to try something new that they are signing up for these bus tours? Or are insomniacs really keen on riding this bus to catch some sleep? 

Either way it's a smart way for a tour company to think of a new way to market its services. It's not about seeing the sights, but enjoying a snooze on the bus.




Wednesday, 20 October 2021

Convicted Protester Defiant at Sentencing

In November 2019 students clashed with police at CUHK

Yesterday five former Chinese University students were jailed for up to 59 months each for rioting and flouting a ban on wearing masks at public gatherings during clashes with police on the university campus in November 2019.

When handing down the sentences to the five at West Kowloon Court, Deputy Judge Kathie Cheung Kit-yee said the defendants must have chosen to remain at the scene either to take part in the violence or abet the criminal acts of their comrades.

She said the lack of evidence over the defendants' level of involvement was no reason to reduce their jail sentences, because all participants in a riot shared the same culpability regardless of their roles in it.

5 were arrested at the bridge near CUHK entrance
"Hong Kong is a place which upholds the rule of law, and a peaceful and tranquil community which shows no tolerance aimless acts that seriously disturb the peace, especially those targeting law enforcement officers," Cheung said.

Three men aged 23 and one aged 20 were all sentenced to 57 months in jail, while one female defendant, Foo Hoi-ching, 23, was handed a 59-month sentence.

The five were arrested near the bridge near CUHK's entrance where protesters hurled objects at police. At the time protesters had just thrown 23 Molotov cocktails and other hard objects at police.   

Foo, a nursing student, remained defiant during mitigation, saying she was not sorry for what she had done and found Cheung's ruling unreasonable.

She wrote a letter to the court that was quickly translated on Twitter by Tsui Lok-man, a former assistant professor at CUHK's School of Journalism and Communication:

Foo says authorities free to interpret the law
"First of all, this letter of plea is not intended to gain the mercy of the judge.

"In asking for the background report, I honestly have no regrets for my actions, and I also have nothing to say to the judge in my plea, because I do not agree with the law itself, nor do I feel I have done anything wrong.

"Simply put, I do not think this is a reasonable sentence. In the eyes of some people, 'the law is the law, and if you break the law, you need to bear responsibility'.

"Others may also believe that the court's ruling proves that the protesters' behaviour is wrong, and their actions in vain. But I believe that authority does not equal correctness.

"First of all, the laws of Hong Kong today are not recognized by its people, nor does society have any space to discuss whether the law is reasonable or not. Second, the Public Order Ordinance is vague by design, to enable the authorities to freely interpret and control it.

She says the law controls people, not for justice
"After 2019, riot cases have increased rapidly, and the courts have given a new interpretation to the definition of a riot, such that increasingly more behaviour is now classified as "illegal behaviour", enabling more and more people to get convicted, and allowing the authorities to further repress dissidents.

"Under a totalitarian regime, the law is only a bloodless but violent tool of the authorities to control the people, and the court is not a place of justice.

"In such a place, only attention is being paid to social order on a surface level, but the root cause of what is tearing the society apart is ignored.

"When the penalties for political cases gets heavier, some defendants will please guilty or appeal to the judge, in order to reduce their sentence, but this does not necessarily mean they agree that the current law is moral or just.

Foo no longer believes in the HK judicial system
"The judge may point out that if you are not satisfied with the ruling, you can appeal. However, I no longer believe in Hong Kong's judicial system, and even the highest courts may not listen to the voices of dissidents.

"I just want to take this opportunity to express my dissatisfaction. If the court hears what I have said, and believes that it is justified in giving me a heavy sentence to make me regret and reflect, then it will be just as it is."

 

法官閣下:

首先表明,我無意以這封求情信來博取法官閣下的憐憫。

我索取背景報告時,我坦言對於自己的行為並無後悔,亦沒有說話要向法官閣下求情,因為我並不認同法例本身,亦不覺得自己有做錯的地方。簡單而言,我不認為這是合理的判決。

在某部分人眼中,示威者「犯法就係犯法,就係要負責」,有些人亦可能認為法庭的裁決證明了示威者的行為是錯誤,是徒勞無功的。但我認為,權威並不代表正確。

首先,香港現時的法律,並非由人民共同認可,社會並沒有空間討論現行法律合理與否。其次,暴動條例的定義本來就模糊不清,以便政權靈活解釋和操控。2019年後暴動案件急升,法庭時而重新詮譯暴動定義,令更多行為被列為「法律不認可的行為」,從而令更多人入罪,令政權得以打壓異見者。

極權下的法律只是政權用以規範人民行為的不流血暴力手段,而法庭也不是一個彰顯公義的地方。這裏只會流於表面地關注社會秩序,並不會著眼社會撕裂的根本原因。

當政治案件的刑罰日益加重,有些被告會選擇認罪或向法官求情,以減輕刑期,但或許並不代表他們認同現行法律具有道德正當性。法官閣下可能會指出,若不滿閣下裁決,大可以申請上訴。然而,本人已不再相信香港的司法制度,再高級的法庭亦不見得會聆聽異見者的聲音。

我只是希望藉此機會表達我的不滿。如果法庭聽畢本人以上的言論,認為可以用重判形式令本人從而後悔及反省,那便悉隨尊便。

 

Tuesday, 19 October 2021

Carrie Lam Fractures Elbow

Lam's selfie with her right arm in a sling after her fall

This morning Hongkongers woke up to the news that Chief Executive Carrie Lam Cheng Yuet-ngor had fractured her right elbow from a fall on a flight of stairs at Government House last night ahead of a banquet with retired colleagues. She was rushed to Queen Mary Hospital in Pokfulam where she spent the night and was discharged this morning.

"At first I thought it was just an abrasion, but then my right arm became more painful and so I decided to seek treatment at Queen Mary Hospital after sending off the guests," she wrote in a social media post on Tuesday afternoon. "It's believed that it will take two or three weeks for recovery."

Lam was discharged from hospital this morning
She added in her post that she had a brain scan and additional check-ups while in hospital. Might as well, right, since Lam is so busy.

The accident was revealed shortly after midnight on Monday to announce she would follow the doctor's advice to stay overnight in the hospital for observation, and that the weekly Executive Council or Exco meeting, and media briefing on Tuesday morning would be cancelled. 

Lam said many of her friends told her the accident was a good opportunity for her to rest.

"I think it is a positive way of thinking as in fact, I have not taken any leave for three years already," she wrote. Well, most of us have not taken a break because of the coronavirus pandemic either. But Lam insists on getting the gold star for being extremely hard working.

Lee will take over as CE, but for how long?
She has proudly told the media before that she is a workaholic, and doesn't even have time to talk to her husband.

However, she admits she now finds it hard to get dressed and write. Who writes these days? And if she's resting for a few days or weeks, nothing wrong with wearing T-shirts and sweatpants like all of us did last year.

In the meantime Chief Secretary John Lee Ka-chiu will be serving as acting chief executive but speculation is rife over how long it will be before Lam takes over the reins again.


Monday, 18 October 2021

National Security Law Hovers Over Marathon


The Standard Chartered Marathon will be held this Sunday
 

The national security law affects all aspects of life in Hong Kong, even running a marathon. The Standard Chartered Hong Kong Marathon 2021 will take place this Sunday, the first time a mass sporting event is held in the coronavirus pandemic era, but also participants will bear full responsibility if they violate the national security law.

At a briefing session today, organizers said they would check every one of the 18,500 runners for the 10K, half-marathon and full marathon to make sure the outfits are "safe", in that they don't interfere with other participants. Only a handful of people wear wacky costumes dressed like dinosaurs or giant candy bars.

Organizers will check all 18,500 runners
However, organizers admitted they have no control of runners if they have political slogans on their race gear.

"We are running a sports event and will focus only on the sporting aspects," said Kwan Kee, chairman of the Hong Kong Association of Athletics Affiliates.

"We have no restrictions on the use of colour (of the apparel), but we can't comment on if any slogans on their clothing would be banned as we haven't seen the slogans [yet]." 

For example they suggested instead of writing 加油 or "add oil" on their T-shirts, they could write "Runners add oil" just to be clear...

All the participants must be fully vaccinated at least 14 days before the race, submit a health declaration form that they have not traveled outside of Hong Kong in the past 21 days and the must take a Covid-19 nucleic-acid test when they pick up their running kits between Thursday and Saturday.

The Standard Chartered Hong Kong Marathon 2020 was called off two weeks before the race last February citing the pandemic, and this year's edition was postponed from January to October with a fraction of the runners from 74,000 down to only 18,500.

Runners on the hook for illegal political slogans
While spectators are allowed to attend, they will have to abide by social-distancing measures (ie no more than gatherings of four), while runners will be exempted from these measures for this particular event.

If a runner has an illegal political slogan will they be tackled along the course by the police? Or will they save their energy and arrest them at the finish line?