Showing posts with label Basic Law. Show all posts
Showing posts with label Basic Law. Show all posts

Saturday, 6 November 2021

HK's Press Freedom from Two Sides

The Foreign Correspondents' Club at crosshairs with Beijing

The Foreign Correspondents' Club may be in a perilous position after the Hong Kong office of the Chinese Foreign Ministry accused the association of abandoning its professional ethics and "sowing discord" over the state of press freedom in the city.

The condemnation came after the FCC published a survey of 99 journalists, of which 83 said the working environment for the media had "changed for the worse" since Beijing imposed the national security law in June last year.

Media landscape changed after NSL enacted
More than 90 percent of respondents also had concerns about a looming law against "fake news", which the government wants to introduce to combat doxxing, hate speech and misinformation amid the coronavirus pandemic, and after the anti-government protests in 2019.

"We urge the FCC to stop sowing discord and refrain from interfering with the law-based governance of [the Hong Kong administration] and [the city's] rule of law in the name of press freedom," said the office of the foreign ministry's commissioner in a strongly worded statement.

"The FCC has walked away from its professional ethics. Its misleading report, based on just a few responses, is neither representative nor credible. Its smearing of Hong Kong's press freedom and playing up of the chilling effect are interference in Hong Kong's affairs."

FCC respondents concerned about reporting
However, on the club's website, FCC president Keith Richburg said the club would not respond to the ministry's statement.

The FCC survey found more than four-fifths of respondents had noted the challenges of finding sources willing to be quoted for news stories since the national security law was enacted, with even relatively neutral topics deemed too political by interviewees.

One FCC member said previously sources were more willing to speak on any topic within reason, while publications had no real concerns on what they could publish, or on protecting who would speak to them.

"Now, many people are reluctant or refuse to talk on sensitive subjects, and our organization, especially after the raids on Apple Daily, is much more cautious about data security and the ability to protect sources," the member said.

Apple Daily was forced to close earlier this year
Apple Daily saw its publisher Jimmy Lai Chee-ying and several executives and newsroom editors arrested on security law charges, and was ultimately forced to shut down earlier this year.

Fifty-six percent of survey respondents said they practiced some self-censorship or avoided reporting on what might be considered sensitive stories.

Another member added considering covering the topic of Hong Kong independence had to be carefully considered before covering it in detail.

"These results clearly show that assurances that Hong Kong still enjoys press freedom, guaranteed under the Basic Law, are not enough," Richburg said of the survey before Beijing's rebuke.

"More steps need to be taken to restore confidence among journalists and to make sure Hong Kong maintains its decades-long reputation as a welcoming place for the international media."

Richburg say confidence must be restored
However, the foreign ministry office said the survey's findings had "attacked the national security law", and countered that the legislation had protected the country, restored social stability and given people a greater sense of safety.

"Thanks to the law, Hong Kong could refocus on fighting Covid-19, revitalising the economy and improving people's livelihood," it said.

It should be pointed out that the survey's respondents are mostly expats, though it wouldn't be surprising to find local journalists feel the same, if not even more worried about the effect of the national security law on their reporting.

But the foreign ministry insists everything is fine in Hong Kong, if not better with the national security law, so the FCC perhaps is hoping to resolve the situation by agreeing to disagree. Though one gets the feeling that won't satisfy Beijing...

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."



Friday, 15 October 2021

New Teachers to Be Tested on Basic Law, National Security

Yeung says teachers may be tested on national security law

Anyone considering going into teaching in Hong Kong will have to know the Basic Law because they will be tested on it, says the Secretary for Education Kevin Yeung Yun-hung. This would apply to teachers for kindergarten and semi-private schools.

During a radio show, Yeung said ever year there are between 1,000 to 2,000 fresh graduate teachers for primary and secondary schools who would need to pass the new Basic Law test ahead of the new academic year in September 2022.

Public school teachers have already taken the test
"In the first step, we aim to [implement] the test across government-aided schools, because there are about 1,000 to 2,000 new recruit teachers there every year," Yeung said, referring to institutions largely funded and run by charity organizations.

"Then, we will continue to expand [the scope] to direct subsidy scheme (DSS) schools and kindergartens, and in the long run, teachers in other areas as well."

DSS schools are semi-private schools that charge tuition and receive government subsidies.

Basically that means every teacher that works in a school that has ties with the government will have to pass this Basic Law test. Public school teachers are considered civil servants and so they have already taken the test, which is a pass/fail.

"We have to work on national education, national security education, and we hope to foster students' national identity. Teachers have a role in guiding students and we expect them to have a certain degree of understanding of the Basic Law," Yeung said on Friday.

Yeung doesn't think flag raising taxing on teachers
When asked whether the exam might be expanded to include topics such as the national security law, Yeung said it would not be ruled out. 

Meanwhile, the education minister didn't think holding the flag-raising ceremony every week would be too taxing on teachers' workload.

He said the bureau is providing training and explanations on why this has to be done, and in any event more than 95 percent of primary and secondary schools have flagpoles already.

Sounds like someone who is ticking off his checklist in a diligent, precise manner.

Friday, 24 September 2021

Democratic Party to Vote on its Future

Lo (centre) says Democratic Party can continue to be relevant
 

Lo Kin-hei, chairman of the Democratic Party says the party should continue to exist even if it doesn't take part in the Legislative Council elections in December.

Members of the party will vote on Sunday to decide if the party should take part in the elections or not. 

However, former Democratic Party lawmaker Fred Li Wah-ming has already voiced that the party should dissolve if it chooses not to field candidates.

Li says the party should dissolve if not in election
Lo says people should be able to decide for themselves, after months of discussions and deliberations.

"Fred Li is a member who is more publicly known and more experienced. But he is still a party member and he has one vote, and he still has to persuade other party members whether to follow him or not," Lo said.

"The most important thing to me is that the party makes a decision altogether in the [extraordinary general meeting] this coming Sunday and we respect that result no matter what. I think that is the way a political party can go forward in the future."

He believes the Democratic Party will still have influence among the public as long as people agree with its work, and it will continue to speak up for Hongkongers regardless of whether it joins the Legco polls or not.

"We have had no Legislative Council seats for almost one year, and we are still trying to keep up our district and community work," Lo said.

Even if the Democratic Party decides to take part in the elections, the newly elected Election Committee may disqualify the candidates it puts forward.

The Election Committee decides who runs
As part of its policy platform, the Democratic Party suggests human rights should be part of the national education curriculum, and implement Articles 45 and 68 of the Basic Law to eventually achieve universal suffrage in Hong Kong to "fulfill promises made to Hong Kong people".

The party also suggests scrapping the Lantau Tomorrow Vision project, and end the "small house" policy under which male indigenous villagers in the New Territories and their descendants can build houses without paying a land premium.

Wednesday, 15 September 2021

Security Chief Targets Journalist Association

Tang wants HKJA to reveal member list and financial records
 

Hong Kong Secretary for Security Chris Tang Ping-keung is very busy these days, constantly on the attack on various targets, and now it's the Hong Kong Journalists' Association.

In a war of words, Tang has accused the HKJA for leading young people astray, going into schools to recruit students as reporters and claiming they aren't properly trained, and wants the professional body to release the membership list and financial records for further scrutiny.

The HKJA hit back, saying Tang's argument is "illogical", saying divulging who its members are would violate privacy laws, and that student reporters only make up 13 percent of its member base.

Chan (left) rebutted Tang's attacks on Wednesday
While speaking to reporters in the Legislative Council Tang said: "My understanding is that journalists need to be trained and accredited professionally, and have certain professional beliefs, values and ethics... If a student can be a student journalist, then how professional are the journalists under the association?"

Tang rebutted and said: "[The HKJA] should explain, for example, in the past five years, did you visit any school and promote your own political ideas?" he said.

"To alleviate public doubts, the association should also consider disclosing the [amount of] money it has received in recent years, as well as the sources of that founding, and whether it was donated by foreign political organizations or people with clear political inclinations."

It is Tang who trying to sow the seeds of doubt, not the public. He is trying to apply pressure to the HKJA in a bid to make it fold, but the group is standing firm -- for now.

In a statement released on Wednesday, the association responded: "We are of the view that Tang's suggestion is illogical and simply incomprehensible. We hope the secretary can understand that the media agency a member works for is also part of his or her personal data.

Chan says HK still has freedom of the press
"We cannot disclose a member's personal data without his or her consent. [Tang's request] is no different than asking us to breach the privacy law."

The HKJA said it has 486 members, 331 are full members, 22 associate members, and 34 public relations members. There are also 56 student members and 43 retired or permanent members. The association did not disclose any names or the media agencies their members were from.

In a separate briefing, HKJA chairman Ronson Chan said the association did not receive any overseas funding.

"We have annual reports and our account statements are audited and furnished annually to the Registry of Trade Unions. If Tang would like to have a look, he can approach the labour secretary for help and there is no need for him to request us publicly to do so," Chan said.

Touche.

He also rejected Tang's suggestion the HKJA was "infiltrating" schools to recruit students.

Chan said that freedom of the press was guaranteed under the Basic Law, and that "all citizens", including schoolchildren and undergraduates, enjoyed the right to undertake reporting tasks in public areas, though he advised them not to put themselves in dangerous situations. 

"What is important is not who is there to cover the event, but what the reporter is doing there and how he or she deals with the situation," Chan said.

Tang accused HKJA of recruiting student reporters
He also suggested Tang be mindful of his comments.

"Tang is a senior official. Is he trying to threaten us or exert pressure on us or just offer some gentle reminders?

"The journalists association has not breached the national security law. We have nothing to fear. We will not easily give up and disband in the face of pressure and we will stay put until the very last minute." 

Back in 2019 the HKJA held a fundraising dinner and at least nine of the table sponsors were related to the government, like the MTR, AsiaWorld-Expo, Ocean Park, Hong Kong Disneyland, Urban Renewal Authority, and Hospital Authority. 

Other big corporate sponsors include New World Development, Kowloon Motor Bus Company, PCCW-HKT, Sino Group and Standard Chartered Bank.

Maybe Tang should investigate them too for having links with the HKJA?

Friday, 21 May 2021

More on Govt Payroll to Take Oath


More people on government payroll must take the oath

The campaign to get civil servants to take the oath continues, and not only does it apply to those in public office and 170,000 civil servants in all ranks, but also to those on non-civil service contracts, 

It was announced on Friday that 22,000 full time and part time staff hired for jobs such as cleaners on contract, plumbers, engineers, doctors, clerks, teachers in public schools, and even lifeguards at public swimming pools must pledge their allegiance to uphold the Basic Law. 

Leung worries people won't take govt jobs
They will have three weeks to decide to sign the declaration to take the oath of allegiance; if not, they face losing their jobs.

Oath taking was introduced following the implementation of the national security law late last June. Article 6 states that any resident "who stands for election or assumes public office" must swear to uphold the Basic Law and pledge allegiance to the city.

Leung Chau-ting, chairman of the Federation of Civil Service Unions, said non-civil service staff usually fill temporary or urgent positions.

"Most of them were hired on contracts which were renewed every year, and... the government has been hiring many people under non-civil service terms during the pandemic," he said.

Leung worried that the declaration requirement would deter some people from taking up or staying in these positions.

"Many of them are just front line staff joining the government on a short-term basis to share the civil servants' workload... They could be worried that after they signed the declaration, there would be things they cannot say or do."

Lifeguards at public pools must take oath now
While some might think the oath is just another requirement in exchange for a stable job and high salary, signing the declaration  can be used against them if they are not careful. 

Does a life guard taking the oath make them better at watching swimmers in the pool? A contract cleaner will be more patriotic in picking up garbage off the streets?

The mainlandization of Hong Kong continues.

 

 

 


Sunday, 16 May 2021

Govt Overwhelmed by Trade Union Applications


Trade Unions were set up following the 2019 protests
 

Following the 2019 anti-government protests, people found another way to voice their disappointment with the authorities by forming trade unions.

Under Article 27 of the Basic Law, Hong Kong residents have the freedom of association, and the right and freedom to form and trade unions.

So now the Labour Department's Registry of Trade Unions is overwhelmed in processing the number of applications it has received.

Law warns trade unions must follow the law
In 2018 there were 16 applications, and then a whopping 1,578 in the first quarter of last year. Currently there are 1,140 registered trade unions as of the end of last year.

Secretary for Labour and Welfare Law Chi-kwong admitted 80 percent of the 4,289 applications or 3,450 had yet to be processed.

"We can't mobilize 100 times more manpower to handle the tsunami-like increase in applications. We can only work in the middle ground by reorganizing limited internal resources," he said. "But we will step up law enforcement to ensure every union abides by the Trade Unions Ordinance."

That's because previously conventional unions proposed economic demands, but now many new groups have called for an investigation into alleged police brutality against protesters, and to defend the city's rights and freedoms.

However, some of these unions became inactive after the national security law was passed in late June last year amid fears of government retaliation.

Health workers demanded China border be shut
The labour minister noted 247 applications were withdrawn last year.

Law warned the organizations must stick to the city's laws or face the consequences. 

"When registered unions breach the Trade Unions Ordinance, the Registry of Trade Unions will follow it up and will not rule out cancelling the affiliation," he said.

Ironically this coming from someone who used to be a member of the Democratic Party who was appointed by the government.

Guess once you go to the dark side you can't go back...


Wednesday, 5 May 2021

Civil Case Dropped on Yuen Long MTR Attacks

Lam is charged with subversion related to the July primaries
 

A former opposition lawmaker has dropped his lawsuit against police chief Chris Tang Ping-keung, suing for compensation for the injuries he sustained during the July 21, 2019 attacks in Yuen Long. 

Lam Cheuk-ting rode the train to Yuen Long and was attacked by white-shirted men wielding sticks, resulting in an injury to his mouth that required 18 stitches. Forty-four others were injured.

Lam was injured from the July 2019 attacks
He had sued Tang in the hopes of shedding more light on what happened that night, as the police were late to respond to the frantic emergency calls about the attacks in the MTR station, and it seemed the authorities were colluding with the attackers.

However, Lam and seven others have now dropped the suit, with Lam's lawyer, Albert Ho Chun-yan accusing the Department of Justice for dragging its feet on the case. He said that it had taken over a year for both sides to exchange documents, and that the case still had not proceeded to the stage of handling witness statements.

In addition Ho revealed the DOJ had recently asked the plaintiffs to drop their suit, arguing it was baseless.

"We anticipated that we might have to spend another year arguing over this, and the government may also appeal [if we win]," Ho said. "It seems that they are taking the plaintiffs as personal enemies."

Ho (second left) says dropping civil case today
And, unlike the government, Ho does not have unlimited funds. His client Lam decided it would be better for the money allocated for his lawsuit from the 612 Humanitarian Relief Fund to be used to help others.

"The purpose of Lam suing was not purely to seek compensation, but to seek justice and to compel the full discovery of many facts and pieces of information, many of which are now being hidden by the police and withheld from public disclosure," Ho said. "It is not getting too time-consuming and costly before we can reach that stage."

The other issue at hand is that Lam is currently in jail waiting for his trial for subversion, along with 46 others for running an unofficial primary last July to select candidates for the Legislative Council elections that were eventually postponed because of the pandemic.

Prosecutors claimed the poll was "a massive and well-organized scheme" aimed at paralyzing the government and forcing Chief Executive Carrie Lam Cheng Yuet-ngor to resign.

Choy was convicted last month, now appealing
Meanwhile also related to the July 21, 2019 attacks, RTHK freelance producer Bao Choy Yuk-ling, who was convicted of knowingly making a false statement under the Road and Traffic Ordinance to find information about vehicles that carried the white-shirted attackers, has decided to appeal.

She admitted she had no reason to be optimistic about the outcome given Hong Kong's "rapidly changing" political climate, but vowed to challenge the verdict in the city's top court if required.

"I have struggled with whether I should be more selfish and just let the case go, let myself go and just do whatever I want," Choy wrote on social media on Wednesday in announcing her appeal bid.

"But after going through the sadness and thinking over and over again, I know that I will definitely regret it for life and would not be able to sleep at night if I give up the pursuit of justice at this moment."

Photos like this seem to suggest collusion
Choy was convicted on two counts and find HK$6,000 (US$773). 

In making this appeal Choy is taking a brave stand to clear her name and for all journalists to be able to access public records for accountability. 

Both these cases show how fragile rule of law is in Hong Kong, making it is harder for people to maintain their faith in this crucial pillar of "one country, two systems" in the Basic Law that is fast eroding...


Tuesday, 4 May 2021

March Organizer Faces Possible Ban

Civil Human Rights Front has organized marches since 2003

The Civil Human Rights Front was formed in 2002 and has been organizing the July 1 marches that in 2003 drew half a million people onto the streets, causing the Hong Kong government to shelve its plans to enact Article 23, a national security bill, and the several peaceful protest marches in 2019.

But now the group is at the centre of a police probe, with the authorities scrutinizing Civil Human Rights Front's finances and its failure to register with the government under the Societies Ordinance.

Even CY Leung praised the group in 2013
Last Monday the police demanded 15 years' of financial documents including funding, expenses and related bank accounts that were due by Wednesday, but the Civil Human Rights Front said it will not comply with the order, which could result in an outright ban of the group.

Civil Human Rights Front convenor Figo Chan Ho-wun said previously the police had communicated with members of the group without raising any issues.

"Following the July 1 march in 2013, then chief executive Leung Chun-ying even referred to the Civil Human Rights Front as 'friends'," Chan pointed out.

He added the group was a lawful entity because the city's Basic Law guaranteed freedom of assembly.

Chan said the organization disagreed with the Societies Ordinance because it allowed the police to investigate the group and possibly ban it.

He said the front was only give nine days to answer questions and comply with the documents requested for the past 15 years which will be difficult to dig up since the standard time to keep documents for tax investigation purposes is only eight years.

Chan says he may be the last convenor of group
However Chan said the group did not intend to hand over those details to the police even if they still had them. "It's a matter of principle," he said.

The police probe came a month after Lianhe Zaobao, the largest Chinese-language daily newspaper in Singapore reported the Hong Kong government was seeking to ban the group on national security grounds.

The law says the police societies officer could recommend to the Secretary of Security that a group be banned if it was found to be a political body connected to a political organization overseas or in Taiwan.

Prohibition could be deemed necessary in the interests of national security of public safety, as well as uphold order or the protection of the rights and freedoms of others.

When asked what would happen if Civil Human Rights Front is banned, Chan believed other civil groups will pick up the mantle.

"But I may be the last convenor of the Civil Human Rights Front," he said.


Monday, 19 April 2021

Almost 130 Civil Servants Fail to Sign Oath


Carrie Lam (centre) led oath for senior government officials
 

The Hong Kong government's human resources department is going to be extremely busy these days, with almost 130 civil servants refusing to sign the oath of allegiance and some have resigned, while others will be sacked.

The vast majority of the 180,000 civil service have signed the declaration, according to Secretary for Civil Service Patrick Nip Tak-kuen. 

Nip said 129 people did not sign the declaration
At a Legislative Council public service panel meeting on Monday, Nip said 129 civil servants either neglected or refused to sign and return the declaration. Among them are 16 disciplined service officers, the rest were civilians.

He said 25 have resigned, while most will be sacked under civil service regulations.

"For those who ignored or refused to sign the declaration, we will doubt whether they are willing to bear the responsibilities as civil servants and whether they are fit to carry out their duties. In other words, we don't have faith in them," Nip said.

Since October all civil servants must sign the oath of allegiance, pledging to uphold the Basic Law, bear allegiance to the Hong Kong Special Administrative Region, be dedicated to their duties and be responsible to the government.

Civil servants who have taken the oath are also expected to support government policies, including implementation of the national security law.

Civil servants expected to support policies, laws
"For those who sign the pledge, if they act or say something against the government, such as promoting Hong Kong independence or colluding with foreign forces, they would be deemed breaching their pledge of allegiance and subject to dismissal," Nip said.

The explanations of some civil servants on why they didn't sign the declaration include claiming it infringes on their freedom of speech, disagreeing with the oath's content, and that it might conflict with the foreign passport they held.

However, Nip found these excuses were not acceptable.

"As civil servants, they should not say something in public against the government or the Basic Law. I don't see how the oath-taking would infringe upon their freedom of speech, or be in conflict with holding a foreign passport," he said.

Nip does have a point -- why have people in the civil service who are wavering or feel it's against their ethics.

But he will also find it harder to recruit people in future, particularly young people to keep the civil service going...

Thursday, 1 April 2021

Seven Convicted in Illegal Assembly

Some 1.7 million people protested on August 18, 2019

Seven pro-democracy activists, former lawmakers, lawyers and a newspaper owner were convicted of organizing and taking part in an unauthorized anti-government protest on August 18, 2019.

They include Apple Daily tycoon Jimmy Lai Chee-ying, veteran opposition campaigner Martin Lee Chu-ming, and former lawmakers Lee Cheuk-yan, and Cyd Ho Sau-lan. 

After the march started, the rain poured down
I just reread my post from that day, where an estimated 1.7 million people came out. It suddenly started pouring with rain, and everyone had their umbrellas out but we were still wet from water dripping from other umbrellas. The heaving crowd inched its way from Tin Hau to Causeway Bay and then to Central.

It was a peaceful march, no tear gas, no destruction, just a lot of people walking in the rain.

And yet these seven people were arrested, charged and convicted.

Prosecutors said the seven accused turned an approved assembly into an illegal one on the pretext of crowd control, while the defense argued they were merely leading the rally participants out of the park to alleviate overcrowding.

Judge Amanda Woodcock found there was no need to disperse hundreds of thousands of people from Victoria Park in the form of a procession, as there was no evidence that exit routes were in accessible or problematic, or that the park was so overcrowded that a stampede or risk of serious injuries was imminent.

Martin Lee and Albert Ho at the courthouse
She said the seven inequivocally intended to stage the illegal event, as evidenced by them carrying a banner and shouting slogans as they walked out of the park.

"I am sure this public procession was not about dispersal of crowds. That was a description used to defy the law and circumvent the ban. This intention was vocalized repeatedly and publicly days before the public meeting. It was only a dispersal plan in name, and the truth is it was a planned unauthorized assembly," Woodcock wrote in her 89-page judgment.

As for those 100 police officers who prevented the crowd from leaving the park and then made them inch along the way, then suddenly disappeared, Woodcock agreed with the commanding officers testifying in court that far from neglecting their duties, police were being "prudent" as they hoped to minimize the risk of violence or confrontation that day.

The judge found the protest march caused serious traffic disruption -- but it was a Sunday and every weekend before that there were protests in the area, and she rejected the argument the seven had a reasonable excuse for their acts because the protest was peaceful.

Margaret Ng was also one of seven convicted
"It cannot be right that to arrest and prosecute is disproportionate in this case because no actual violence broke out. That would give the law no teeth and make a mockery of it," she wrote.

The seven will be sentenced on April 16 and could face up to five years in prison. 

Eighty-two-year-old Martin Lee, who usually has something to say after a court case, was uncharacteristically silent as he left the West Kowloon courthouse, while Cyd Ho of the Labour Party said she was "disappointed" by the verdict, saying the case reflected the erosion of freedom of speech and expression.

"The collapse of Hong Kong's political regime will [cause it to] become a hotbed for corruption," she said.

Samuel Chu, the managing director of the Washington-based Hong Kong Democracy Council said of the convictions: "This trial was also about the long history, legacy and contributions of the elder statesmen and women of the movement. It is about discrediting their lifetime contributions to Hong Kong, to the movement, to workers, to grassroots, to individuals and their professions."

This is the first time Martin Lee has been convicted and will be sent to jail. 

How does the man who helped draft the Basic Law, who was trying to find a peaceful path towards democracy in China get thrown in jail?

It is a terrible sign that even moderates are too much of a threat to Beijing and must be silenced. There is no other way. 

Lai also faces a national security law charge

The seven convicted:

Martin Lee Chu-ming

Jimmy Lai Chee-ying

Cyd Ho Sau-lan

Lee Cheuk-yan

Albert Ho Chun-yan

Margaret Ng Ngoi-yee

Leung Kwok-hung

(Au Nok-hin and Leung Yiu-chung pleaded guilty earlier)


Thursday, 11 March 2021

Done Deal


Hong Kong's election system has changed forever from today

With 2,895 votes for, none against, and only one abstention, the proposal to make sweeping changes to Hong Kong's electoral system was made today. It was an eerie memory of when the national security law was passed for the city last year.

Now another nail in the coffin has been hammered forcefully into the 1997 handover promise of "one country, two systems", that nothing would change for 50 years.

Instead integrating Hong Kong into the mainland has happened 25 years ahead of schedule.

The changes will ensure "patriots administering Hong Kong", and enlarge the election committee from 1,200 to 1,500, with the extra 300 from the pro-Beijing camp; it will also have the power to vet who can become a candidate to run in the Legislative Council elections.

Lam says changes will plug loopholes in Legco
Legco will also be expanded from 70 seats to 90, with the additional 20 coming from the pro-establishment camp.

"I firmly believe that, after the principle of 'patriots administering Hong Kong' is fully implemented and loopholes of the existing electoral system are plugged, we will be able to resolve the problem of the Legislative Council making everything political in recent years, and effectively deal with the reckless moves or internal rift that have torn Hong Kong apart," Chief Executive Carrie Lam Cheng Yuet-ngor said this evening in a media briefing.

When it came to the question of "patriots", Lam had this to say:

"Loving the Communist Party is an obligation of party members. I am not a party member... but we have to accept Hong Kong is part of [China]," she said. "This socialist system with Chinese characteristics under the Chinese Communist Party is written in China's Constitution... we should not do anything to undermine the system."

Interesting for Lam to disclose she is not a card-carrying member, but this qualification may change for subsequent CEs.

A spokesman for Beijing's liaison office said the overhaul was a legitimate way for the central government to "improve" the electoral system. "It shows the collective will of the Chinese people in safeguarding national sovereignty and security... This is necessary for Hong Kong's long-term prosperity and stability, and is lawful, just and progressive," he said.

Soon after the vote was taken and the results revealed, several Hong Kong government departments immediately announced their backing of the new decision.

The opposition has effectively been silenced
Where were the opposition voices to speak out? 

Oh -- there are none these days. They have either disassociated themselves from the political parties they belonged to, or have been arrested and awaiting trial, or are in prison, or in exile.

Who knew back in 1997 that Hong Kong would turn out like this? 

When a country becomes increasingly authoritarian, there is a higher chance of incompetence and corruption. 

Here is one letter to the editor that sums up the dire situation Hong Kong is in:

The changes proposed to our Hong Kong electoral system are extraordinary.

Firstly, for any aspiring pan-democrat to be able to stand, they will have to be nominated by an unelected committee comprised of their opponents -- you have to read that a few times, and pinch yourself, to check that you're not dreaming it. Next you have to be checked that you are sufficiently patriotic, that term being wholly dependent on the subjective interpretation, again, of your opponents.

Today's vote had none against the changes
Assuming you get this far, you can then stand, but only for less than one-third of the seats in Legco, down from the current 40 out of 70, in other words a reduction in influence of about half. That, apparently is an "improvement" and consistent with gradual "progress" towards full universal suffrage as set out in the Basic Law.

This reduction in influence is to close a loophole, the loophole presumably being that you might actually win a vote in Legco. While in Legco, you will be constantly vetted to ensure you continue to be a patriot, so will probably have to vote with the government otherwise you'll get thrown out or prosecuted for not being a patriot any more.

If you need to get nominated by your opponents, and your vote won't count for anything anyway even if your voting record is considered loyal, then why bother trying to get elected in the first place? There is only one overriding consideration in any electoral system -- will the legislature properly represent the interests of the community it governs? For example, how will the two million people who peacefully protested in June 2019 be represented under this system? How will it represent the 55-60 percent of Hongkongers who regularly vote for pan-democratic candidates? Quite simply it won't. 

When you severely restrict the range of views that will be listened to, the outcome will be like having 90 tone-deaf Carrie Lams -- ask any corporation about how diversity of opinion improves decision-making and you will see why these changes are so dangerous for Hong Kong.

Who in Legco will represent these people?
They will lead to a collapse in the standards of governance (why bother governing properly if you're going to win an election anyway?) and an increase in cronyism, populism and corruption. All these proposals will do is stoke the resentments that are still boiling away and will, at some point, just explode again.

The letter is foreboding, but will mostly probably come true. 

Why even bother trying to represent the people who would vote pan-democrats when it's practically impossible to be voted in?

It's an impossible task and the end of an era.

Monday, 8 March 2021

Lam Expresses Gratitude for Electoral Reform

Lam's jacket matches the colour of the English words today
 

It was Hong Kong Chief Executive Carrie Lam Cheng Yuet-ngor's turn today to put her spin on the electoral reforms decided by the National People's Congress. 

Fresh from her trip to Beijing, Lam addressed reporters this morning and expressed her gratitude to the central government for its "timely, lawful and constitutional move" to take the lead in "plugging the loopholes" in the existing electoral system, saying the city did not have the power to change it on its own.

Did the Basic Law have "loopholes" in it?
"The first one is the enactment and implementation of the national security law... The second is now we are improving the electoral system by making sure whoever is governing and administering Hong Kong in the future is somebody who loves the country, who loves Hong Kong," she said.

Did the electoral process need plugging loopholes? If so then the blame should be on Martin Lee Chu-ming, one of the architects of the Basic Law. He and the Basic Law Drafting Committee thought of every conceivable situation, but probably not of the NPC completely overhauling the electoral system. 

It seemed to have worked fine for 23 years, but for Beijing it's not enough to have that slim opportunity for the pan-democrats to possibly influence the make-up of the election committee, but now to make it completely impossible for there to be any kind of opposition.

Lam went on to say how the city is safe from "black-shirted rioters" and if all goes according to plan then perhaps Hong Kong will have universal suffrage in voting for the chief executive. 

There's no point in trying to dangle that carrot in front of Hongkongers. They know what is going on.

Legco will only be filled with "patriots" now
When Lam was asked about how there could be any room for the pan-democrats to function in this space, she didn't think there was any bias.

"The improvements to the electoral system in HKSAR are not designed to favour someone [in the pro-establishment camp]. They are designed to ensure that whoever is administrating Hong Kong is patriotic, and this is only right in terms of political ethics," Lam said, adding it was "inconceivable" for someone who was governing to be unpatriotic.

Patriotic is the key word which will eliminate a lot of people from running for the Legislative Council. 

But Lam insisted the authorities were not targeting the pan-democrats, adding that those "who do not love the country and Hong Kong undermine the prosperity and stability of Hong Kong, challenge the authority of the central government, and collude with foreign powers to impose sanctions on the country and Hong Kong".

She also urged the public to stop describing the dichotomy of pan-democrats and pro-establishment politicians, saying that the latter could be "democratic".

Lam says pro-establishment can be "democratic"
This is the environment Hong Kong is in now, where something is called black is actually white. 

Lam insisted the changes were legal and said there were no "so-called international standard of democracy", that each country has its own kind of democracy depending on its situation.

The spinning she does is that of a stern headmistress who is commanding her students to use new vocabulary from now on even though it's wrong.

Welcome to Hong Kong's new normal, where it gets incrementally worse on a daily basis.