Showing posts with label Court of Final Appeal. Show all posts
Showing posts with label Court of Final Appeal. Show all posts

Thursday, 31 December 2020

A Sombre Look to 2021


New Year's Eve is cancelled in Lan Kwai Fong tonight
 

This year's New Year's Eve will be muted with social distancing measures preventing people from marking the end of 2020 in restaurants and bars because of the coronavirus pandemic. Already after lunch streets around Lan Kwai Fong were blocked off by police and barricades about to be put in place.

But if no more than two people can gather what is the point of going there when everything there is closed and the possibility of being fined for not social distancing?

Lai on his way to the Court of Final Appeal
2020 is also ending on a disappointing note with Apple Daily founder Jimmy Lai Chee-ying back in jail after the Court of Final Appeal agreed to the Department of Justice's argument to hear an appeal on the question of bail in a national security law case.

However, that case won't be heard until February 1 to decide if Justice Alex Lee Wan-tang erred in granting bail to Lai on December 23. 

Until February 1, the media tycoon will be in jail... his reprieve was a very short seven days.

As for 2021, there will be more of the same. Talking to people in the last few days we all expect social distancing measures to continue well into January in the hopes the pandemic will be under control by Chinese New Year, but for sure the protests have been forced underground for now.

The wave of emigration from Hong Kong has already begun, with people starting new lives elsewhere, lost as to what to do and sad for their hometown. More will join their ranks in the coming months.

Economically it will continue to be tough in Hong Kong, though the fact that businesses with restaurant licenses can operate is much better off than those in New York, Los Angeles, London and Paris. Retail has been hit the hardest, with people either not in the mood or lacking the funds to shop unless it's for necessities.

Looks like a sombre year ahead, but with vaccines coming there is a glimmer of light at the end of the tunnel. 

Wishing everyone a better and healthier 2021.


Wednesday, 23 December 2020

Jimmy Lai Granted Bail


Jimmy Lai waves to an Apple Daily reporter at his home


The breaking news today that Apple Daily founder Jimmy Lai Chee-ying was granted bail was surprising considering he is being charged under the national security law. Most thought Lai's chances of ever stepping out of prison again were next to nil.

This development gives hope to three others charged under the national security law -- Tang Ying-kit, Tony Chung Hon-lam and Adam Ma -- to try to get bail too as now there is a precedent.

Lai walks out of the Court of Final Appeal...
Lai's lawyers were able to get a temporary release just in time for Christmas, but there are some serious strings attached to his home arrest.

He is not allowed to publish anything on social media, or publish any articles, not to meet any foreign government officials, take any media interviews, or host interviews. The newspaper tycoon also had to post HK$10 million (US$1.29 million) in bail, and three guarantors had to pony up HK$100,000 each. 

In addition Lai also had to give up his passport and has to report to the police three times a week and can only leave his home to attend court hearings.

Lai was remanded in custody since December 3 when he and two others were charged with fraud for allegedly breaching land lease terms on the use of Next Digital's office space in Tseung Kwan O. He was later charged with collusion under the national security law.

The Department of Justice immediately applied for a certificate from the court to appeal against the bail decision at the Court of Final Appeal, but this was later rejected by the High Court which said it did not have the jurisdiction.

... and into his waiting car to take him home
There was a lot of media attention around Lai's release, as reporters and photographers waited for hours for Lai to be released from the Court of Final Appeal in Admiralty. After 9pm a woman wearing police identification tags told reporters he wouldn't be released until 11pm so everyone disappeared for their washroom/food break.

But at 10.52pm Lai finally walked out with two plastic bags holding his personal belongings and was escorted by two men into his Mercedes Benz. About 20 minutes later cameras were pointed at the road coming up to his home in Homantin. Lai looked busy on his phone and wore headphones in the front passenger seat.

Afterwards he thanked the media for coming but said he had to leave and went into his house.

It turns out some of these conditions conditions of house arrested were suggested by Lai's lawyers, perhaps in a bid to get home home to his family for as long as possible.


 

 

Friday, 27 November 2020

Hong Kong's Absurdities Continue


Private clubs, like China Club, have had guests test positive

Today there was a string of bad news, starting with 92 new coronavirus cases reported today. More restaurants and private clubs have been affected, which makes it harder for them to continue to do business when you're tagged as having a positive case in your place.

This fourth wave is very scary, surging faster than the third wave back in July. With Christmas less than a month away, one has to wonder if we'll all have to mark the birth of Jesus in complete lockdown...

Staff went on strike in February to shut borders
Meanwhile hospital staff who took part in a strike in February demanding the government shut the border between Hong Kong and the mainland because of the coronavirus, will have their pay deducted. 

The Hospital Authority says this will affect 7,000 doctors, nurses and other hospital workers who went off duty without authorization, and that there would be no further punishment apart from the salary deduction.


From February 3-7, hospital staff went on strike in a bid to force the government to close the border, believing this was the most effective way to stop the virus. At the time there were 15 cases in the city, and the government closed six of the 15 border checkpoints. with China, and did not allow those from Wuhan to come in.

Hospital Authority Chairman Henry Fan Hung-ling said the strike affected people's confidence in the public healthcare system and undermined the professional image of its workers.

As a result the authority received some 7,000 complaints and calls for help.

Imagine if Hong Kong had really shut down all its borders with China... 

Cheung (middle) took caller's questions on RTHK
In other news, the government continued to try to sell its policy address and Chief Secretary Matthew Cheung Kin-chung was on RTHK radio this morning to take callers' questions. 

One caller criticized the lack of opposition resulted in a lame-duck legislature with no electoral mandate.

Cheung's response? "We're not taking advantage of the so-called Legco vacuum -- the absence of the pan-democrats in Legco -- to push through difficult things. We're doing it for Hong Kong's long-term good."

Uh huh.

Things got more absurd today.

Secretary for Constitutional and Mainland Affairs Erick Tsang Kwok-wai explained he dozed off on Wednesday while his boss Chief Executive Carrie Lam Cheng Yuet-ngor gave a two hour and 15 minute policy address because he was recently diagnosed with tonsillitis and had to take medicine for it, which made him drowsy.

"I've been feeling a bit unwell. But I don't think it's so serious that it has affected my work," he said. "If I try to bother the CE with even such a minor matter, I think she would be kept very busy."

Startling revelation by Lam today
And borderline outrageous was Lam telling the media in an interview that because of US sanctions against her, she cannot keep a bank account and so her salary is paid to her in cash.

"I am using cash everyday. I have piles of cash at home because the government is paying me cash for my salary because I don't have a bank account." 

By the way her salary is over HK$400,000 a month. That's a lot of HK$1,000 bills...

Does someone deliver it to her in a handcuffed suitcase?

And does she want someone to rob her?

But finally a small legal victory:

The Court of Final Appeal has ruled unanimously with former opposition lawmaker Leung Kwok-hung otherwise known as "Long Hair", that a prison requirement that male prisoners keep their hair short is sex discrimination. 

A big legal victory for "Long Hair"
The ruling ends a six-year legal battle Leung waged in the courts after his hair was cut short when he was sent to jail in 2014.

"The discrimination was so obvious," he said as he tossed his flowing mane that has since gotten greyer.

Chief Justice Geoffrey Ma Tao-li wrote the judgment, in part saying: "It is not readily apparent, and no explanation was provided by the [commissioner of correctional services], as to why this had any reasonable connection with custodial discipline."

Ma noted that the Correctional Services Department, which had argued it was only imposing a social norm, had failed to explain the basis of its claim that men always had shorter hair, an assumption he added gave rise to stereotyping. 

At the time Leung was jailed for four weeks for criminal damage and disorderly behaviour in June 2014, after an incident during a public forum in Tsim Sha Tsui in September 2011.

Let's see what tomorrow brings...

Tuesday, 22 September 2020

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.


Tuesday, 1 September 2020

Sowing Seeds of Confusion

Lam says the public has the wrong understanding of the Basic Law

Hong Kong's alternative reality continues with the government pushing through its version of how the city should be governed versus what people have lived with since July 1, 1997.

Yesterday Secretary for Education Kevin Yeung Yun-hung explained that liberal studies textbooks removed references to Hong Kong having a separation of powers between the executive, legislature and judiciary, and that it would be wrong for textbooks to suggest that it does.

Yeung says textbooks weren't changed due to political pressure
He rejected suggestions that the changes were made due to political censorship, and that publishers were not instructed on what should and should not be included.

But he insisted the content be factually accurate, adding the SAR has never had a separation of powers, neither before nor since the handover.

"As a matter of fact, some of the concepts now included in the textbooks are much more accurate than before," he said.

That raised a lot of eyebrows because this totally goes against what Chief Justice Geoffrey Ma Tao-li said back in 2014:

"The Basic Law sets out clearly the principle of the separation of powers between the legislature, the executive and the judiciary, and in quite specific terms, the different roles of the three institutions," he said in a speech.

However, today Chief Executive Carrie Lam Cheng Yuet-ngor defended and reiterated Yeung's statements in her weekly media briefing.

The new liberal studies textbooks have amended content
"There is no separation of powers in Hong Kong, so I fully support the remark made by Secretary for Education, and I fully support him in the textbook consultation services launched. In the process we'll be able to better explain the constitutional order in Hong Kong," she said.

"Every so often someone will make this a topic -- whether there is separation of powers in Hong Kong -- they will cite some well-known persons or judges but there is nothing clearer than the Basic Law," Lam said.

Huh???!!

She added people have the wrong understanding of the Basic Law.

"I have carefully looked at what people from the legal sector said; they are mainly talking about the division of labour, of course in terms of trials and the judicial system, they can act independently," Lam said.

Compare the changes to previous liberal studies textbooks
"This is about the division of labour in terms of their functions under the Basic Law; if you look at the relations amongst the three powers, of course they would perform their duties and carry out their functions, I do agree that there are checks and balances, I can give you a lot of examples."

Are we all talking about the same Basic Law?

Legal sector lawmaker Dennis Kwok Wing-hang remarked that if Lam's interpretation of the Basic Law is that there is no separation of powers, then the rulings by the top court are all wrong, and that the Court of Final Appeal should clearly explain this to everyone.

"The courts have always referred to and relied on the separation of powers as the fundamental principle when it comes to dealing with all kinds of cases, concerning the rights of Hong Kong residents, the constitutionality of legislation, and the legality of executive decisions," he said.

"So, for Carrie Lam as the Chief Executive to now come out and say that there's in fact no separation of powers in Hong Kong is a joke," Kwok said. "It's ludicrous, and it's an offense to the common sense of the Hong Kong people."

Kwok says people have not misunderstood the Basic Law
He dismissed Lam's comment that people misunderstood the Basic Law, and accused the government of changing its stance to please Beijing.

Kwok also cited an article written by Basic Law Committee member Albert Chen Hung-yee in 2018, which said the courts in Hong Kong have stated that the separation of powers is "an important and indispensable constitutional principle embedded in the Basic Law".

Lam and her administration are trying to sow seeds of confusion, perhaps in a bid to justify the need for the national security law? To make Hong Kong lawyers unnecessary? To undermine the Basic Law?

But her audience is highly skeptical of what she and her officials are doing. There has still been no authoritative explanation of how the national security law interfaces with the Basic Law, only that it exists and a separate judicial system is set up to deal with cases -- a small number -- we were constantly told.

Chow on the evening she was arrested under the NSL
One of them, Agnes Chow Ting, went to the Tai Po Police Station today about the extension of her bail. She was asked to give a new statement with regards to her arrest under the national security law, but did not disclose more details to the media three hours after she entered the police station.

Chow has not yet been charged with anything, but has to report back to the police station on December 2, a day before her 24th birthday.

She hopes to celebrate her birthday at home...

Tuesday, 26 May 2020

Beijing's Alternate Universe for Hong Kong


With the new national security law coming in, the sun is setting on Hong Kong
Today was another day where many things happened and we're still trying to absorb it all.

First, Macanese casino magnate Stanley Ho Hung-sun passed away in Hong Kong. He was 98 years old. His daughter Pansy Ho Chiu-king confirmed the news in a press statement to reporters flanked by numerous members of the family.

Stanley Ho's family gathers to announce the patriarch's death
He has had a colourful life to say the least, having been born rich, only for the family to lose it all, and Ho started all over again in Macau and built the then Portuguese colony into the Monte Carlo of the east, and in the new millennium it eclipsed Las Vegas in casino earnings.

Not only did Ho make himself wealthy, but his family too (17 children with four "wives"), some of them becoming billionaires themselves. But now that he's gone, the family members may be fighting over the spoils...

And this is happening as Beijing continues to dismantle Hong Kong's political and legal institutions.

The proposed security law -- of which there are no details -- has apparently been amended today to not only prevent, stop and punish "acts" but "activities" as well that are deemed to be a threat to national security.

Ho built a gambling empire in Macau starting in 1962
It will be voted on on Thursday then forwarded to the National People's Congress Standing Committee, China's top legislative body, to craft the bill. So it is voted on before it is hammered out... sounds like the cart before the horse, and expanding the definition to be as encompassing as possible.

Michael Tien Puk-sun, a Hong Kong deputy to the NPC opposed the amendment, one of the few who did. He questioned what this would mean for people who participated in protests that suddenly became violent.

Another deputy wondered if people gathering for the annual June 4 candlelight vigil would run afoul of the law, adding this law would provoke fear in the city.

Meanwhile Philip Dykes, head of the Hong Kong Bar Association questioned why Article 23 was written into the Basic Law if national security legislation could be imposed by Beijing under Article 18 instead.

Philip Dykes wonders why Article 23 was written in Basic Law
Article 23 stipulates Hong Kong must enact its own laws to outlaw treason, secession, sedition, subversion, theft of state secrets, and foreign political interference.

"If you are seeking to enact laws under Article 18 relating to subversion and secession... etc etc, and Article 23 covers exactly the same territory, what's the purpose of Article 23? Why was it put there in the first place? It will be a complete overlap and that can't have been the intention of the drafters," Dykes said.

"It's a matter of Chinese constitutional law. I want it explained to me how this bypass can be made. Because Article 23 was completely redundant."

Will Dykes ever get his answer?

Not only is this questionable, but also foreign judges will not be able to rule on cases regarding national security. Hong Kong has had foreign judges since the handover in July 1997 to help maintain its credibility as an international financial hub.

The Court of Final Appeal has 23 judges, 15 of whom are foreign, from Canada, Australia and the UK.

The Court of Final Appeal has 23 judges, 15 are foreign
Macau has already had this arrangement of no foreign judges hearing national security-related cases since 2018; only judges who are of Chinese nationality can hear these cases.

Earlier today Chief Executive Carrie Lam Cheng Yuet-gnor held a press conference in which she tried to establish an alternate universe by saying the new national security law would not affect daily life in Hong Kong.

She pointed out other western countries had enacted similar laws without scaring investors away, and that only a small group of people would be affected by this law.

"Law enforcement agencies... must not affect the basic rights and freedoms that residents enjoy under [local] law," Lam said.

She said it was "untrue" the NPC Standing Committee had no legal authority to craft such a law for Hong Kong, that it was undermining the principle of "one country, two systems", and that the law would destroy the city's status as a global financial hub.

Lam says the NPC is not doing going against the Basic Law
Can we just say that stocks didn't plunge as low as they did yesterday, but they were still struggling to get back to where they were five days ago.

She added: "We are a very free society. For the time being, people to have this freedom to say whatever they want to say. But ultimately, what is to be provided in this piece of legislation is for all of us to see in order to be assured that Hong Kong's freedoms will be preserved."

Note the phrase: "for the time being"... very ominous.

Even Secretary for Justice Teresa Cheng Yeuk-wah added to the propaganda chorus, writing on her blog the new national security law did not trample on "one country, two systems" or the Basic Law.

Their explanations are hardly reassuring to the skeptical public except for those who just want protesters thrown in jail.

Security is tight around the Legislative Council today
There were calls by protesters tonight to gather at the Legislative Council before lawmakers vote on the contentious National Anthem bill. Anyone who misuses or insults March of the Volunteers faces up to three years in prison and fines as high as HK$50,000 (US$6,450).

Riot police were stationed around the legislature complete with giant water barricades, but nothing happened so far.

Students are calling for a general strike tomorrow instead of returning to class after a four-month break due to the coronavirus pandemic.

Things are all happening so fast there is hardly enough time to voice opinions let alone absorb what is going on.

Lam and her administration have lost so much credibility in the last year it's impossible to trust them at all. They have completely sold out Hong Kong and dragged us along into the mainlandization of the city whether we like it or not...

Sunday, 8 December 2019

Back to the Sunday March

A fraction of the marchers who came out this afternoon in Wan Chai
This afternoon Hongkongers came out in droves to Victoria Park for a police-sanctioned march from Causeway Bay to Central. It seemed like a lot of people showed up, but organizers say it was 800,000.

To many this was disappointing, as they hoped a big number would make the Hong Kong government to take notice and finally get down from its ivory tower and engage with the protesters to resolve the now six-month long political crisis.

Nevertheless 800,000 is still an impressive number, but will Chief Executive Carrie Lam Cheng Yuet-ngor do anything?

A gaggle of Pepe the Frogs and LIHKG pigs hanging out
I had friends marching separately who were stuck in Causeway Bay for hours, unable to move. Meanwhile waiting for the marchers in Central were the police, armed with riot gear and rifles.

Oh by the way did you hear the police arrested 11 people and seized weapons, including a semi-automatic pistol with five ammunition magazines, three of which were loaded, along with three daggers, knives and 105 bullets.

The police claimed "radicals" planned to use the arms to "create chaos" during the anti-government march in the afternoon.

Senior superintendent Steve Li Kwai-wah said: "Intelligence showed that the radical group had taken part in an unlawful assembly on October 20, when they used a lot of petrol bombs to attack Mongkok Police Station.

"Their plan is to use the gun to create chaos during the march later today, including shooting at our officers or turning the blame on officers themselves by hurting the innocent passers-by," he said.

Li said the police had thwarted a crisis, but added the discovery of the weapon was evidence that people should stay alert during the march and rally, organized by the Civil Human Rights Front.

For the most part the protest march was peaceful
On Twitter, people criticized the timing of the news of the arrests and seizure of the weapons just before the march in a bid to scare people from turning up at 3pm in Victoria Park.

However that did not deter them at all and they came out, determined to show the government that they still want all five demands met even though only one, the extradition bill has been withdrawn.

Getting a lot of attention were people wearing large headgear featuring Pepe the frog and pigs from LIHKG. Everyone wanted to take pictures with them.

One marcher wore black, a yellow helmet and gloves and crawled on the ground, apparently to remember those protesters who had to crawl through the sewers at Hong Kong Polytechnic University to escape.

There was also a young boy who played Glory to Hong Kong on his violin over and over. Did he know he'd have to play it so many times?

 

By the time marchers reached Central near the Landmark,  organizers CHRF persuaded people to leave by bus, MTR, or ferry to avoid any confrontations with the police.

There were a few black-clad protesters armed with umbrellas who had a standoff with police near the Hang Seng Bank headquarters, but they decided in the end not to push their luck and slowly retreated. However, riot police seemed trigger happy using pepper spray at the bottom of D'Aguilar Street in Central to disperse people this evening.

A petrol bomb was thrown at the Court of Final Appeal
And the judicial system seems to have been the target of other protesters who threw a petrol bomb at the Court of Final Appeal and High Court. The government has already issued a statement condemning the attacks on Rule of Law.

Legal sector lawmaker Dennis Kwok Wing-hang expressed regret and whatever the motive, one should not commit such acts. But he also blamed the government as the "Number one culprit" by forcing the courts to rule on something essentially political.

So it continues, and while people have voted with their feet again since August, one wonders what the government will do next!

Saturday, 20 July 2019

Pro-Police Rally Today, Anti-Extradition Tomorrow


A large rally was held at Tamar today in support of the Hong Kong Police
The weather has become unsettled again because of a typhoon passing by on Taiwan's east coast, and this weekend there has been rain on and off. Despite the unsettled conditions, a march to support the Hong Kong police was held this afternoon, and organizers say over 300,000 came to the rally at Tamar in Admiralty, while the police said it was 165,000.

Nevertheless, more than 60 relatives of police officers signed an open letter to Chief Executive Carrie Lam Cheng Yuet-ngor, urging her to stop using the police officers as "human shields" between the government and the public, and to set up a judge-led inquiry committee.

Afterwards, some people tore messages from Lennon Wall
"We are furious that front line police officers have to stand in the forefront in the face-off with protesters in demonstrations arising from political controversies... Front line police officers are forced to bear the consequences of the government's maladministration," the relatives wrote.

The rally had some star power, with TVB star Nat Chan Pak-cheung and Maria Cordero, as well as former secretary of justice Elsie Leung Oi-see, while co-convenors of the event included Margaret Leung Ko May-yee, managing director of Chong Hing Bank, Kenneth Fok Kai-kong, vice-president of the Fok Ying Tung group, and former police commissioner Tang King-shing.

When the rally was over, some participants went over to the "Lennon Wall" in Admiralty and pulled down the hand-written messages there, while putting up some pro-police newspaper articles.

Where will tomorrow's march end? Wan Chai or Central?
In the meantime, since Lam has not addressed any of the protesters' demands, another march will be held tomorrow afternoon. Civil Human Rights Front had planned the route to start from Victoria Park to the Court of Final Appeal in Central, but the police have said the march has to end at Southern Playground for safety reasons.

The police are wary of marchers passing by the police headquarters in Wan Chai as well as the Legislative Council in Admiralty, where there have been attacks on these buildings. So we'll have to see what happens tomorrow -- will it all end abruptly at Southern Playground? Will some other protesters find another government building to vent their frustration and anger?

Stay tuned.

Thursday, 6 June 2019

Hong Kong's Judiciary Shows up in Force

Some 3,000 lawyers marched to government headquarters at Tamar today
Following the June 4 candlelight vigil that was part memorial and part peaceful protest against the Hong Kong's government to pass the extradition bill, today, some 3,000 lawyers showed up for a silent march to also protest the controversial bill.

They marched from the Court of Final Appeal to the government headquarters in Tamar, Admiralty. Aside from the large numbers of people from the judiciary, there were several notable people who came out and don't usually show up for public protests, such as former High Court deputy judge Ambrose Ho Pui-him, Joseph Tse Wah-yuen, and Nicholas Cooney.

The usual suspects were there -- Martin Lee Chu-ming, Albert Ho Chun-yan, Dennis Kwok Wing-hang, and Alan Leong Kah-kit.

The lawyers are protesting pushing through the extradition bill
Also in the march were some middle and junior level public prosecutors from the Department of Justice. Typically prosecutors of directorial grade are barred from joining events of political nature. Other marchers included legal academics and law students.

Some of the lawyers expressed concerns over the lack of an independent judiciary across the border and argued that under the proposal, local courts only had a limited role to protect the human rights of suspects to be extradited.

Ambrose Ho said there was no guarantee of fair trials on the mainland, urging the government to shelve the bill. "Authorities have a duty to gather general consensus," he said.

Several senior counsel, like former Bar Association chairman Ronny Wong and top criminal lawyer Lawrence Lok Ying-kam, said they may join the large protest of the extradition bill on Sunday afternoon.

When the lawyers arrived in Admiralty, they did not bow their heads like they did in the previous four silent marches they have held since 1997.

Civic Party lawmaker Dennis Kwok explained, "The legal sector will not bow to the government."

He added: "We call on this government to withdraw the extradition bill. This is the clear and almost unanimous belief of the legal profession."

Chris Patten warns the bill would "strike a terrible blow"
Former deputy director of public prosecutions John Reading pointed out that even though the Hong Kong government is rushing to pass the bill so that local resident Chan Tong-kai who murdered his girlfriend in Taiwan can be extradited there to face charges, Taiwan doesn't even want to request his extradition.

"Therefore, what is the rush at this stage?" he said, adding more time was needed to deliberate the bill in order to resolve the polarized views.

Also today former governor Chris Patten chimed in on the extradition bill, issuing a six-minute video message saying: "It doesn't have to happen, it shouldn't happen, and Hong Kong should carry on as a free society under the rule of law."

He said the extradition bill would "strike a terrible blow" to Hong Kong's rule of law, stability, security and its position as a great international trading hub.

However, the Hong Kong government will probably dismiss him as being an outsider interfering in the city's affairs.

Which is why it means a lot to see some 3,000 lawyers come out today to protest the extradition bill with the hopes that maybe the judiciary can talk some sense into the government... rushing it makes it even more suspect...

Saturday, 19 January 2019

Picture of the Day: New Invaders

Two space invaders were freshly installed in Central
French urban artist Invader seems to have a soft spot for Hong Kong.

He is best known for his pixellated mosaics of the 1970s-1980s game Space Invaders and many of them can be found around town in the oddest places, such as high up on the side of a building. It's a wonder how he manages to install them without anyone knowing.

They are right next to the street sign for Battery Path
In any event this afternoon I happened to walk up Battery Path in Central, a pedestrian road I walk along often and I spotted another new Invader mosaic. It looks like two space invaders with yellow hats? Or yellow umbrellas... you be the judge of that.

The mosaic is located near where the Court of Final Appeal used to be located... if that gives it more context...

Friday, 20 July 2018

Donald Tsang Loses Appeal

Donald Tsang was rushed to hospital after he lost his appeal in court
Disgraced former chief executive Donald Tsang Yam-kuen did it again -- he came into court to hear the verdict of his appeal, and came out claiming illness and was carried out in a stretcher.

Today his appeal to turn over a conviction for misconduct while in public office was rejected. It was for not declaring his interest in a three-storey penthouse flat in Shenzhen that he was leasing from a company owned by Chinese businessman Bill Wong Cho-bau.

Businessman Bill Wong Cho-bau let Tsang a flat in Shenzhen
Wong was also majority shareholder of radio station Wave Media, that was applying for a  broadcasting license of which Tsang was in charge of approving these license applications.

Three Court of Appeal judges unanimously ruled the evidence was "formidable as it was compelling", that the 73-year-old Tsang had concealed this conflict of interest from the public while he was chief executive from 2005-2012.

However, his original sentence of 20 months in jail was reduced to 12 months, while his fine of HK$3 million to cover prosecution costs was dropped to only HK$1 million.

Apparently the court took into consideration the impact of paying the full amount would have had on Tsang, as he was "not a wealthy businessman but a retired civil servant", who would depend solely on his savings and pension in his remaining years.
Tsang was to live in the penthouse flat

Can we remind readers that the salary of the chief executive of Hong Kong is over HK$300,000 a month -- which is more than what then US President Barack Obama was paid at HK$260,000, while Chinese President Xi Jinping makes HK$14,000.

And being a career civil servant for 40 years, surely Tsang has a decent chunk of change in the bank -- he certainly made much more than the average person in Hong Kong -- or perhaps he is completely unaware of how us plebeians live.

How long will he be at Queen Mary Hospital in Pokfulam, and will that count for jail time as well?

Meanwhile, outside the court his wife Selina Tsang Pou Siu-mei said, "Today I feel disappointed, and my heart aches."

Tsang looked fine when he arrived at court this morning
Will this be the last we hear of Tsang, the son of a police officer? Probably not...




Wednesday, 21 March 2018

More Women in Higher Places

Carrie Lam at the annual Democratic Party dinner where she donated money
Hong Kong Chief Executive Carrie Lam Cheng Yuet-ngor has revealed some interesting surprises up her sleeve these past few days.

Yesterday she was the first city leader to donate to the Democratic Party -- Hong Kong's biggest pro-democracy party. At their annual dinner, Cheng donated HK$30,000 of her own money to sponsor former Democratic lawmaker Fred Li Wah-ming as he sang a Cantonese song. Overall the performance raised HK$320,000.

Baroness Lady Hale will be joining the Final Court of Appeal
And then today Cheng announced that for the first time, two female will join Hong Kong's top court to become the first female non-permanent judges in the city's judiciary.

Baroness Brenda Hale of the UK and Beverley McLachlan from Canada were already pioneers in their respective countries to become the first female judges in their top courts.

As a result, the Court of Final Appeal will now have 14 foreign judges. While the appointments are pending approval from the Legislative Council, it is believed local lawyers and lawmakers across the political spectrum are pleased with the news.

Alberta native McLachlan, who is 74, was the first female chief justice of any top court in the British Commonwealth. She retired last December. Lady Hale, 73, is currently president of the UK's Supreme Court. Both are known to have liberal views.

...As will Beverley McLachlan of Canada
Finally Hong Kong's top court is getting with the times and it's fantastic news to have such qualified female judges. Now do they know what they are getting into, that the judiciary is being politicized, mostly by the government, and by extension Beijing?

Tuesday, 6 February 2018

Occupy Trio Walk Free, but with Caveat

Joshua Wong, Alex Chow and Nathan Law outside the Court of Final Appeal
Joshua Wong Chi-fung, Nathan Law Kwun-chung and Alex Chow Yong-kang may have walked free from the Court of Final Appeal today, but the future of the democratic movement in Hong Kong is uncertain.

Their prison sentences ranging from six to eight months for storming Civic Square days before the Umbrella Movement erupted in late September 2014 were thrown out by Hong Kong's highest court, but there is a serious caveat.

The five judges also ruled that there should be new sentencing guidelines laid down by the Court of Appeal last August to impose tougher punishments in cases of unlawful assembly involving violence.

September 26 the trio and others stormed Civic Square
So while civil disobedience may be allowed in Hong Kong, any violence attached to it would result in criminal punishment because it would not be considered civil disobedience anymore.

Basically, it reiterates that what happened from September to December 2014 would not be considered civil disobedience because there was violence.

When the trio appeared outside the court, Wong described the judgment as "sugar-coated harsh punishment".

"It's not a time for celebration," Wong said. "In the future... maybe more and more activists will be locked up because of this harsh judgment."

Law was also not pleased. "Although our appeal was allowed, Hong Kong's democratic movement has lost a battle," he said.

The storming of Civic Square led to the 79-day Occupy protest
Where does this leave Hong Kong's ongoing push for democracy?

Participants in marches for democracy must take extra care in ensuring things don't get out of hand, otherwise arrests possibly leading to convictions will be made. While we are pleased that the right to civil disobedience is defended, there are strings attached.

This makes the way forward perilous but the push towards democracy needs to keep going. At least we know it must be non-violent. But how violent is violent? That was not clearly defined...