Plugging Loopholes with More Holes

Hong Kong's constitution is under threat by Beijing

As the National People's Congress moves full speed ahead to pass the national security law that was "tailor-made" for Hong Kong, the city's professional body of barristers says Beijing has no legal authority to enact the law, which it adds has "a number of worrying and problematic features".

HKBA points out holes in the national security law

The Hong Kong Bar Association was also concerned about mainland agencies setting up in the city to safeguard national security, saying it was "entirely unclear" how that arrangement would comply with Article 22 of the Basic Law, that stipulates Beijing departments would not interfere in local affairs.

It adds it was "entirely unclear" how these proposed agencies would operate and be bound by Hong Kong laws, if they would have the power of enforcement and whether such powers would be limited to laws currently in force in the city.

As Martin Lee Chu-ming said in The Guardian, the Hong Kong Bar Association says the national security law does not meet the categories of laws in Annex III of the Basic Law, that are confined to defense, foreign affairs, and matters outside the limits of the city's autonomy.

The Basic Law also says that city itself should enact these laws, not Beijing.

Tam Yiu-chung says people can comment on the new law

In addition, there doesn't seem to be any public consultation on the proposed law, though Tam Yiu-chung, Hong Kong's only representative in the NPC Standing Committee, says there is a website where the public can log in their comments about the national security law.

However, when reporters looked into it, the website only shows the number of comments it has collected, but does not display the comments, or any government feedback.

Ivan Choy Chi-keung, a political academic at the Chinese University of Hong Kong, says the NPC's opinion-collecting mechanism is very outdated.

"It's only a passive way of collecting opinions," he said. "In the colonial period, many consultative committees were set up in Hong Kong, pooling representatives from different groups... In foreign democratic countries, they rely on elections to gain a public mandate."

Antony Dapiran says Beijing is pressing the nuclear option

But we're afraid to tell Choy that we're not in a democratic country, we're a part of China, and it wants us to lose the "one country, two systems" tagline and become further integrated with the mainland starting with this national security law.

Australian author and lawyer Antony Dapiran says Beijing dropping this political bombshell late last week, outlawing secession, subversion, terrorism and foreign influence over the heads of the democratically-elected legislature.

"This is the Nuclear Option: Beijing's ultimate power to impose whatever it wants on Hong Kong, outside and above Hong Kong's constitutional, political and legal structure," he writes in his newsletter.

It is hardly reassuring when Maria Tam Wai-chu vice-chairwoman of the Basic Law Committee says with the new security law, secret agents could come to Hong Kong to investigate cases here with the local police in a "joint effort".

Maria Tam says there's nothing to worry about the new law...

She said police from outside Hong Kong would need "approval" from local authorities to conduct investigations. "And you cannot investigate on your own."

"I'm not worried about anybody being arrested by a police officer from the mainland and then taken back to China for investigation or punishment," Tam added. "It's not, not going to happen."

Errr, right. We'll take your word for it, Maria, like every other pro-Beijing politician in Hong Kong trying to sell the national security law as no big deal...

The People are Angry

About 5,000 people showed up at the airport to protest this weekend's violence

CARRIE WHAT HAVE YOU DONE TO MY CITY!

In the past weekend we have seen even more shocking images of violence and repression from your police force -- they are not ours. Our police force would not shoot people in the eye to make them blind, shoot rubber bullets at point blank range, beat people descending on a moving escalator, and crush them on the ground to break their jaw.

Your police force has fired many more rounds of tear gas in the past weekend than the past few months. Is it because you need to use up the expired canisters before buying new ones? Or you just want to cause Hongkongers to have long-term health problems from the effects tear gas because there has been indiscriminate use of it all over the city, particularly in Kwai Fong MTR station, in the shopping district of Tsim Sha Tsui and the bar area in Wan Chai this weekend.

WHAT KIND OF MOTHER ARE YOU?

Children are Hong Kong's future, but Carrie doesn't think so

Back on June 12 in an interview with TVB you said: "... if the young people have walked, and acted, and you still don't give them what they want. Then what? The metaphor that I use is that I'm a mother who has two sons. If every time my son tells me he wants something and I acquiesce to his wishes, for a short time our relationship between mother and son will be very good, but once this child is grown, he will have regrets. He will ask, 'Mother, why didn't you remind me then?'"

Is beating up people, shooting tear gas at them, and worst of all, telling them they have no stake in society what a mother does to her children? Or are you disowning your children who you have a responsibility to look after? They are the future of Hong Kong and you have completely disregarded them.

As a friend told me the other day, there's saying: "The hated child fears nothing". You have unleashed tens of thousands of these "hated children" in Hong Kong.

YOUR MESS IS OUT OF CONTROL

Protesters are creative in dealing with each situation

We are all angry at what you did to Hong Kong this weekend. Some 5,000 of us swarmed Hong Kong International Airport this afternoon. The airport authority shut down the airport without warning -- or was it your intention to blame the protesters? Then the police claimed they were coming with tear gas to clear the protesters and then nothing happened. So more protests are expected at the airport tomorrow.

Also today the Hong Kong and Macau Affairs Office is making more threats.

"In recent days, Hong Kong's radical protesters have repeatedly attacked police with highly dangerous tools, which constitute serious violent crimes and have started to show signs of terrorism," HKMAO spokesman Yang Guang said today.  "This type of violent criminal activity must be resolutely combated according to the law with no hesitation or mercy."

He ominously said the city had come to a "critical moment" and vowed to clamp down on violent crime with an "iron fist".

THERE IS NOT "BLACK HAND" BEHIND THE PROTESTERS

Shooting at point blank range in the MTR is shocking

These young people on the front lines are very smart, agile and creative. They are highly organized and know what they are doing. They use encrypted smartphone apps to communicate and on the streets they are assigned specific tasks.

Some are experts in uprooting sidewalk railings in seconds, others tying them up into barricades, others tasked with defusing tear gas canisters, or are good at throwing them back at police. No one taught them how to do it -- they learned quickly on their own.

How can you underestimate this talented group of people? Imagine if you were able to channel their energy and creativity towards building Hong Kong's economy?!

But instead your police force is the one that is sinister in its tactics, dressing up like protesters and beating them up and arresting them. That is downright dirty. How would God feel about that?

YOU ARE BEING MAINLANDIZED

Lam tells the young to fight together to build a better HK

Carrie where were you yesterday? Oh at closing ceremony of a People's Liberation Army training camp for university students. And how did you address them? In Mandarin!

"My colleagues and I will be more patient to get in touch with youth from different classes to listen to their voices. We hope that we can fight together to build a better Hong Kong," is what you said.

Fight? Really? How about build, or create, establish, assemble, or forge? Fight seems such a combative choice of words.

And yes words do mean a lot, especially when you said the extradition bill was "dead", but it's not "dead" when the bill appeared in the Gazette Index of Bills on Friday... that means the bill is still very much alive.

STAND UP FOR HONG KONG

Many people could not sleep last night. There are reports of people of all ages who cried watching the news last night, shocked and terrified their city had devolved to this mess. We need a leader to bridge the gap, but you are hardly anywhere to be found except hiding in Government House.

You've effectively handed over control of the city to other people representing Beijing, like liaison office director Wang Zhimin and Maria Tam Wai-chu, deputy director of the Basic Law Committee under the National People's Congress Standing Committee. It's hardly reassuring.

If you can't lead us, go away. We want a leader who fights for Hong Kong.

AGAIN -- WHAT HAVE YOU DONE TO MY CITY, CARRIE?

CARRIE?

Police Supporters Lash Out

 

Thousands came out with blue signs in support of the Hong Kong police

Today people in support of the Hong Kong police force came out to Tamar for a rally, with organizers saying 165,000 attended. Many were middle-aged and elderly, holding placards that read, "we support HK police" and chanted slogans.

The rally, organized by pro-Beijing lawmaker Junius Ho Kwan-yiu, had some star power attached, with actors Tony Leung Ka-fai, Philip Chan Yan-kin and singer Alan Tam Wing-lun on stage. Guess they have lost some fans for good now.

Tony Leung Ka-fai and Philip Chan Yan-kin at the rally

Also making speeches were former police chief Tang King-shing and Basic Law vice-chairwoman Maria Tam Wai-chu.

Speaking onstage, Tang said he was "disheartened that Hong Kong police, which are the best in Asia, had their efforts completely disregarded".

"Over the past few weeks, Hong Kong police, working in extremely difficult environments and facing investigation, still remain very tolerant," Tang said.

He led the crowds in shouting" "Sir, madam, we support you! Sir, madam, thank you!"

However, this was far from a peaceful rally. Supporters for the police harassed reporters and anyone dressed in black, assuming they were an anti-extradition bill protester. Some people were manhandled and/or had abuse shouted at them. The police had to intervene.

Police supporters seen ripping signs off "Lennon Wall"

Tensions surged higher when police supporters went around, tearing down posters that protesters had put up, ripping up messages of support that were posted on "Lennon Wall", a concrete stairwell area that had been the site of many messages in 2014.

This led to more shouting matches. One Caucasian man confronted a middle-aged woman for desecrating a memorial for one protester who fell to his death on June 15 at Pacific Place. She ignored him and then turned around saying as a Hong Kong person he should speak Cantonese. He replied English is also an official language in the city.

Others desecrate a memorial

Hong Kong seems more divided than ever -- and the government has already picked sides.

If anything today's event has only inspired more people to come out tomorrow for the annual July 1 march. Perhaps this is the government's bizarre way of getting people to do more physical exercise?

Carrie Lam Officially in the Race

Carrie Lam unveils her slogan, "We Connect", but what does that mean?

This afternoon former Chief Secretary Carrie Lam ChengYuet-ngor officially threw her hat into the race to become the next Chief Executive of Hong Kong.

She made the announcement at the Hong Kong Convention and Exhibition Centre, and managed to round up a big support base that featured a number of tycoons, such as Peter Woo Kwong-ching, retired Wheelock and Wharf Holdings chairman, Stewart Leung Chi-kin, chairman of the Real Estate Developers Association's executive committee, businessman Allan Zeman, Lee Shau-kee, Henderson Land chairman, and Robert Kuok, founder of the Shangri-La Hotels and Resorts.

So the developers must have been rubbing their hands with glee when hearing Lam promising to ease the housing issue with more land for homes.

Kan stands among some business heavyweights for a photo

Political heavy weights were there too, like Elsie Leung Oi-sie, vice-chairwoman of the Basic Law Committed of the National People's Congress, and Maria Tam Wai-chu, local deputy to the National People's Congress.

However, not a single pan-democrat was seen at the event.

On stage Lam ditched her usual serious demeanor and tried to look energetic, with a group of young people behind her, all of them wearing T-shirts that read: "We Connect". Connect to what? Certainly not the rest of us. Perhaps she means she connects with Beijing?

Lam tried to give a more down-to-earth picture of herself, talking about how she was raised in Wan Chai and remembers how her parents worked so hard so that they could afford a flat in Quarry Bay.

She got a few people to vouch for her, including elder son Jeremy, who flew down from Beijing for the event. At first he wasn't enthusiastic about his mother's political ambitions, but apparently has now turned around. Interesting her other son and husband didn't make any public endorsements.

In her speech she recalled how her family was so optimistic about the future, as if a hint to suggest she could bring back that positive attitude.

John Tsang seems more popular with average people

But how is she going to do that? She is not seen as a grassroots person -- taking a taxi in the middle of the night up to her former residence at The Peak because she didn't now where to buy toilet paper. And Lam didn't seem sympathetic when she represented the government during the 2014 Umbrella Protests when it had a meeting with the student leaders during a televised showdown.

Nevertheless, word on the street is that Lam is the favourite to win the election in March. But you never know -- one misstep and things could sway in favour of second favourite John Tsang Chun-wah. He appears to be the one the public favours for his easy-going attitude and seems to be more of a local guy despite going to school in the United States.

So has the race begin in earnest now? We the people who are unable to cast a ballot can only watch from the sidelines. With four candidates, it's already an interesting race.

Beijing Decides to Weigh In

Maria Tam confirms Beijing will interpret Article 104 of the Basic Law

After days of speculation, Beijing has confirmed that it will look into the oath-taking controversy by two localist lawmakers.

Basic Law committee member Maria Tam Wai-chu told Hong Kong media the National People's Congress would seek an interpretation of Article 104 of the Basic Law, which says lawmakers must swear allegiance to Hong Kong, recognizing it is an inalienable part of China.

"This was not the Hong Kong government or the chief executive requesting the interpretation... It is an important issue involving national unity and territorial integrity, therefore [the NPC's leadership] took the initiative and made the request," she says.

The news angered pan-democrats and localists, while the legal sector is planning a silent march on Tuesday, the day after the NPC Standing Committee is expected to release its interpretation.

What will Beijing's ruling be? Will it respect rule of law in Hong Kong, one of the last institutions with integrity in the city?

Divisions in the city are generation based -- those 50 and over are more pro-establishment and the younger they are, the more localist (and separatist) they become.

But the vast majority of us understand and accept that Hong Kong can never be independent, but can it least still have its institutions it holds dear and are the foundations of its success as an international city?