HK Delegates Told Not to Come to Beijing

Tam was told Friday not to come to Beijing next week

To illustrate how paranoid Beijing is about Covid-19 coming into the Chinese capital, Hong Kong's only delegate to the National People's Congress Standing Committee Tam Yiu-chung has been strongly advised not to come following one untraceable Covid-19 case.

It is that of a 48-year-old cargo handler who was infected on October 8 and the source of the infection is still unknown.

Tam's chances of coming into contact with this person is so small and yet Beijing has told him not to bother coming on Monday for the session from Tuesday to Saturday.

A cargo handler was infected on October 8

Three other NPC delegates from Hong Kong won't be going either: Choy So-yuk, Nicholas Chan Hiu-fung, and Wong Kwan-yu.

"I got a notification from the country's epidemic control office informing me that I would not be allowed to attend the NPC Standing Committee meeting," Tam said in a video clip posted by his party, the Democratic Alliance for the Betterment and Progress of Hong Kong. 

"Recently there was one unknown case in Hong Kong. The mainland attaches great attention to unknown cases," Tam said, adding that no Hong Kong-related items were on the agenda anyway.

Nevertheless, it signals Beijing is not ready to open its borders with the city anytime soon.

"Beijing's prevention and control measures are very stringent. When there are changes to the pandemic situation in Hong Kong, especially when there are cases with untraceable origins, they will be even stricter," Tam said.

Hui says Beijing concerned of untraceable cases

While Chief Executive Carrie Lam Cheng Yuet-ngor was able to go to Guangzhou for the opening of the Canton Fair a few days ago, Beijing is even more stringent when it comes to Covid-19. 

Government pandemic adviser David Hui Shu-cheong says measures for meeting top officials is even stricter, as they are worried of untraceable infections coming in.

"I am not too optimistic about the progress of reopening the border between the two sides, given what has happened," Tam said.

Neither are we.

Professional Teachers' Union Under Attack

Teachers protested against the extradition bill in August 2019

 

This morning Chinese state media like Xinhua and People's Daily launched a blistering attack on the Professional Teachers' Union, describing the pro-democracy group as a tumour that must be rooted out.

They blamed the union for events during the 2019 anti-government protests, saying some teachers and students participated in violent and illegal activities, and that it didn't play its part to educate and stop them.

The PTU advocates for better quality education

Xinhua also said in its commentary that the union had participated in filibustering in the Legislative Council, encouraged class boycotts and supported what they called rioters and teachers who are poisoning students' minds.

The articles were published after the PTU dropped its association with the Alliance in Support of Patriotic Democratic Movements in China, which used to organize the annual June 4 candlelight vigils, and has been accused by pro-Beijing figures of violating the national security law.

However, Xinhua said union's exit was merely a "trick to evade accountability" and added the PTU was "long-hidden dirt in the education system", having engaged in anti-China and anti-Hong Kong activities.

Xinhua said the Hong Kong government "should get rid of the union", calling the task "an unshirkable responsibility".

People's Daily added the PTU had nothing to do with education or professionalism and that it was a malignant tumour that needed to be eradicated.

PTU was founded by Szeto Wah in 1973

The union was founded in 1973 by the late pro-democracy politician Szeto Wah. Its mission is to be politically liberal, socially activist, and defend the legal rights of teachers. It focuses on improving education quality by promoting teachers' professionalism and advocating education policies.

Soon after, the PTU issued a statement to respond to the state media attacks, saying it had always opposed Hong Kong independence and had cared about the country's development ever since the union's establishment. It also refused the outlets' accusations that it was "inciting kids to break the law", during the 2019 protests, saying it cared about students' safety and never invited them to participate in any demonstration.

The union added it would continue to listen and communicate with different sectors, and keep up its education work.

But that defense argument wasn't enough and the Hong Kong Education Bureau severed its ties with the union, and stripped it of its status as a professional group. 

The PTU, which has 95,000 members, expressed disappointment and regret over the decision on Saturday, saying it would be a loss to the whole education sector.

Days ago PTU withdrew from the alliance

A government source hinted the move to cut ties with the union was in the works and believed the PTU withdrawing from the alliance was a bid to relieve some pressure, but it was obviously not enough.

As a result of cutting its ties with the PTU, the bureau will no longer regard the union as a professional body, and will neither engage in any formal or informal meetings with it, nor take its opinions on matters pertaining to the sector. 

In addition, the bureau will temporarily stop looking into any cases referred by the union, and will review its advisory bodies and other groups with an eye to removing members who represented the PTU.

The union said it handled over 3,000 complaints and inquiries from members every year, and that the bureau's decision failed to take into account teachers' interests and welfare.

"The union has a positive impact on safeguarding workers' rights and bettering policies. Even though we have different views, if the bureau decides to cut ties with the union, it will be a loss to the whole industry," it said.

Education Bureau cut ties with the union today

Tam Yiu-chung, Hong Kong's sole delegate to China's National People's Congress, said the central government had disliked the union for some time for its participation in political affairs. 

"Instead of serving as an educational professional body, it's been more like a political group throughout the years," Tam said. "It does not matter whether the union is historical, it's more of whether it's an opposition force."

This should be a warning to other professional bodies in Hong Kong -- dissenting voices will not be tolerated.

Carrie Lam Hosts Talk Show

Bunny Chan talks to Carrie Lam about HK electoral reform

RTHK has quite a few holes in its programming lately thanks to its new director of broadcasting Patrick Li Pak-chuen going through them, and despite not having any broadcasting or journalism experience, has axed nine TV program episodes he has deemed inappropriate.

He also warned RTHK would charge the staff for the axed shows too.

But have no fear, a programming solution has been found -- Hong Kong's very own Chief Executive Carrie Lam Cheng Yuet-ngor has begun hosting a show on what else? Electoral reform.

Li has axed several shows since starting his job

It's riveting viewing.

The first two prerecorded episodes were shown today, as part of "Get to Know the Election Committee Subsectors", where Lam talks to guests from various industries represented in the election committee that ultimately chooses the next chief executive.

Isn't this show a kind of conflict of interest, as Lam chats up people perhaps in a bid for them to vote for her?

In any event, this is the first time a sitting chief executive is hosting a TV program, and even better, a platform for her and her guests to praise Beijing for its foresight in initiating these electoral reforms.

With a plain backdrop with banners on either side of two armchairs and a pot of orchids in between, Lam was the one asking questions of her two guests, Wong Yuk-shan, a local deputy of the National People's Congress and a member of the Basic Law Committee, and then Bunny Chan Chung-bun, chairman of the pro-establishment Kowloon Federation of Associations.

RTHK is broadcasting Lam's 40 episodes

The two episodes touched on various issues related to Beijing's overhaul of Hong Kong's electoral system.

Wong felt honoured to represent Hong Kong in the National People's Congress, noting: "In the whole nation, there are about 3,000 NPC deputies. But for Hong Kong alone with a population of about 7.5 million, we can have 36 NPC deputies. It shows the central government attaches much importance to Hong Kong people's views."

Meanwhile Chan said according to residents he met, they did not think the electoral reforms were a step backward for democracy.

"They understand democracy is only the means, the goal should be for the people to enjoy better livelihoods and good governance," he said.

Strangely the show was only broadcast in Cantonese with no English subtitles. This is outrageous considering the programs are produced by the Hong Kong SAR Government, which claims Chinese and English are the two official languages of the city.

The show is in Cantonese and no English subtitles

Each show was 12 minutes long, and with 40 episodes in total, that means 38 more to go!

On Lam's Facebook page, many posted comments about the show, ranging from support, and saying they wanted her to be re-elected, to others urging her to have direct dialogue with the people.

How many of those comments were planted?

 

 

 

 

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.

Bernard Chan Says Overhaul Drags HK Back to 1997

Hong Kong's election reforms have not achieved their purpose

 

After days of pro-establishment politicians praising the National People's Congress for revamping Hong Kong's electoral system to "plug loopholes", one local delegate has spoken out to tell it like it really is.

Bernard Chan, Executive Council convenor and NPC deputy, conceded the changes have wiped out the city's democratic development since 1997.

Chan says Hong Kong is going backwards

"It's a pity that we today have probably gone back to where we were in the early days after the handover. [We] can see that the direction seems to be like that," Chan said from Beijing, where he is attending the annual session of China's legislature.

Wow. So refreshing.

However, he added the electoral reforms over the years have failed to achieve their intended purpose.

True that.

Chan also said if Beijing does not have confidence in the political situation in Hong Kong, then the "one country, two systems" principle might be abandoned.

Hasn't it been abandoned already? 

"I think we have to get back and start afresh, to develop a new road. And this road would give confidence to the central government and the country of 1.4 billion people that "One country, two systems" could carry on. Only this way could we have more space."

Legco will see 20 more pro-Beijing seats added

The "new road" means the proposed overhaul of Hong Kong's electoral system which dilutes the make up of the Legislative Council even more to be more pro-establishment, and completely shuts out any kind of opposition who are not "patriotic", and only then Beijing will trust us?

There continues to be a huge cultural gap that no one has gently pointed out to Beijing that needs to be bridged. Trust and respect for the central government is harder to gain from Hongkongers now after the past year of mass arrests, the imposition of the national security law, and now changes to the electoral system. 

When asked for his interpretation of Beijing's insistence that only "patriots" can govern Hong Kong, Chan took this to mean that those holding office must accept the Chinese Constitution and Hong Kong's Basic Law, and while they have to respect that the Communist Party rules China, they don't have to love the party.

After changes are made, Beijing will at ease

Really? Others have interpreted it to mean loving the CPC... or did Chan not get the memo?

In any event it's curious that Chan has openly said how many Hongkongers feel.

Will he be reprimanded for this? Time will tell.

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.

Beijing Changes the Rules in HK

These posters are useless with "elections" postponed to 2022

Political commentator Albert Cheng King-hon points out in a commentary today that in 2004 the National People's Congress Standing Committee laid out a five-step process on how to amend the chief executive or Legislative Council election process.

He notes that most of the pan-democratic opposition camp had already resigned from Legco in November, giving the government a carte blanche to pass bills quickly. "So it is totally unnecessary to insist that only patriots run Hong Kong," he writes.

Lam looks on as Tung Chee-hwa takes his seat

However, Cheng says any chances to the city's electoral process should be followed by what is laid out in the Basic Law, in that changes must be passed by a two-thirds majority in Legco, followed by consent by the chief executive, and then that decision is reported to the NPC for approval.

But three years later that was amended and instead the chief executive must report to the standing committee if there are changes to be made and then that is approved by the standing committee.

Today even that formality was ignored by the NPC and it went ahead and changed the make up of Hong Kong's election committee to vote for the next chief executive; Carrie Lam Cheng Yuet-ngor watched the proceedings in the Great Hall of the People and agreed with it afterwards like a willing conspirator.

The election committee will be increased from the current 1,200 to 1,500 and bar district councillors from being able to participate. This committee will also decide who can run for Legco.

Meanwhile the makeup of Legco will change. There are currently 70 members -- or rather there should be 70 members, half of which are elected. But now the NPC has decided unilaterally to add 20 more of its own choosing to shrink the proportion of of elected versus appointed.

And of course every member of Legco would have to be a "patriot", in that they love Hong Kong, China, AND the Communist Party of China.

Wang says electoral system has HK characteristics

Wang Chen, vice-chairman of the National People's Congress Standing Committee described the changes as "a new democratic electoral system with Hong Kong characteristics". 

Before the changes the odds were already stacked against the pan-democrats in Legco, but now Beijing wants to make sure once and for all that it will win -- and any meaningful opposition is destroyed. The reason for Legco was to represent the views of all Hongkongers, but now it will only represent the views of some people, or rather "patriots". 

It is another sign that "one country, two systems" is being dismantled before our eyes and we are helpless to stop it.

"I fully respect that the central government takes the lead to improve the electoral system," Lam said in a statement on Friday, adding the city would speed up work to complete legislative amendments quickly, as there were a number of elections in the coming 12 months.

Voting for the election committee will be held in December, while the next chief executive will be voted on in March. That means the elections last September have effectively been postponed until 2022.

Mike Lam hugs his wife upon his release

China Daily reported that 80 percent of Hong Kong residents support "patriots governing Hong Kong", while only 68.6 percent support Beijing's attempts to "improve the city's electoral system".

Who did China Daily talk to and how many? It's amusing the numbers are 80 and 68, as Beijing seems to like 8s and 6s.

While some on Twitter remarked how this choosing of legislators was similar to the colonial era, others were more focused on the 14 of the 47 who were granted bail. Earlier this evening four were actually released much to the relief of them, their families and supporters. The other 11 will be heard tomorrow in court.

The four released on bail today were: pro-democracy activist Mike Lam King-nam, social worker Hendrick Lui Chi-hang, district councillor Clarisse Yeung Suet-ying, and barrister Lawrence Lau Wai-chung. As part of the bail conditions they must observe a curfew, not contact foreign officials, and do and say nothing that harms national security.

While brought some relief to this otherwise depressing day, one can't help but think Hong Kong's last free elections were in 2019. That year was the last of many, including the Tiananmen Square candlelight vigil and the last mass peaceful protests.

We will not forget why and how we got here.

Bail Hearings for 47 "a Farce of Procedural Fairness"

Leung Kwok-hung flashes a V-sign before bail hearing

 

After a marathon four days of hearing bail applications from the 47 people charged with subversion under the national security law, 15 were granted bail -- but the Department of Justice immediately lodged an appeal, which means those people still remain in custody.

These last few days have given Hongkongers an idea of what could happen to them if they are arrested for violating the national security law. Chief Magistrate Victor So Wai-tak thought he would get through all 47 applications in one day -- it ended just before 3am the first day after defendant and district councillor Clarisse Yeung Suet-ying fainted in the dock and had to be sent to hospital. Three other defendants also felt unwell and sought medical attention too.

Chief Magistrate Victor So

The others were all taken back to their cells and only a few hours later returned the court, hardly having eaten, barely slept or even taken a shower. One defendant, barrister Lawrence Lau Wai-chung apologized to Chief Magistrate So for his shabby appearance because he had no time to shower or change his clothes for three days.

Only then did So decide that the hearings would end at 10pm to allow the defendants time to eat and clean themselves.

All this and not all family members and friends could see their loved ones in the dock, nor give them the clothes and other supplies they needed in prison; members of the media did not have full access to witness the proceedings in the court either and could only watch via a video link. 

The prosecutors have also asked for a three month extension to complete their investigations, which means these 47 could be remanded in custody for a year before they are brought to trial. One legal expert, the esteemed Jerome Cohen, is calling this "a farce of procedural fairness". 

Some of the defendants dismissed their lawyers in a bid to plead their case in their own words.

Tam told the court of his humble upbringing

One was ex-lawmaker Jeremy Tam Man-ho who was a former Cathay Pacific pilot and his story made several reporters cry as they took notes. 

He told the court his family was poor and lived in a wooden hut, but it burnt down and they moved to a squatter area. Tam grew up without any toys and he and his parents shared one packet of instant noodles. His father worked as a taxi driver to provide for his family and was finally able to save up enough to send Tam to Australia to study to become a commercial pilot.

However, his father was diagnosed with colon cancer and the treatment cost HK$30,000 a month. Luckily Tam's pilot salary could pay for it, but what about other people in the same predicament? It was then that Tam decided to help other people in Hong Kong by becoming a politician.

"Judge, if you grant me bail, I am willing to do it at all costs. I will agree to all the terms you say. As you wish, I can even take the stars for you. I only want to hug my kids, my wife, and apologize to them 10,000 times," he said.

Supporters waited outside the court in the rain

Tam's story is an amazing Lion Rock story, literally from rags-to-riches to trying to better the society, only to be arrested under the national security law for trying to gain more representation in the Legislative Council which was legal under the Basic Law.

Now Hongkongers are being shown that this is completely wrong and illegal, and this is what will happen to you if you even attempt to change the system.

Speaking of which, the National People's Congress right now is looking to amend Hong Kong's electoral system to ensure "patriots" rule the city.

It will be next to impossible to have any kind of meaningful opposition, elected representatives who represent the views of the people.

And at the same time the Heritage Foundation has taken Hong Kong off the top of the list for having the freest economy in the world -- a standing it held for 25 years until last year -- and put it and Macau together under China down at 107th place, above Uganda, among economies that are deemed "mostly unfree". Hong Kong's index score was described as "not available".

Chan blasted HK's ratings drop by US think tank

The right-wing think tank said "developments in recent years have demonstrated unambiguously that those policies are ultimately controlled by Beijing".

Financial Secretary Paul Chan Mo-po struck back, saying: "When they arrived at that decision, they must have been clouded by their ideological inclination and political bias."

He still insisted the city still enjoyed economic competitiveness with the free flow of capital under "one country, two systems", and that rule of law was still respected.

How can Hong Kong's economy still remain free when its political and judicial institutions are being dismantled daily?

National Security Law Displaces Basic Law

Lai was seen briefly as he entered the Court of Final Appeal

 

This morning Apple Daily founder Jimmy Lai Chee-ying briefly came out of prison to hear the Court of Final Appeal's ruling on whether he should have been granted bail on December 23 while waiting to face trial on charges of fraud and colluding with foreign forces.

The CFA ruled it could not overturn NSL

But at that time he was sent back to jail on December 31, when the Court of Final Appeal ruled the Department of Justice could appeal the High Court judge's decision.

Just before 10am, Lai was briefly seen wearing chains around his waist as he walked into the CFA; his die-hard supporters lined up last night to ensure they got a seat in the gallery, while his detractors held up posters and claimed he violated the national security law -- but that trial isn't until April 16.

However, Lai's time in the court was only for a few minutes, and he won't be spending Chinese New Year with his family.

In December he had been granted bail after paying a HK$10 million bond, but today the Court of Final Appeal found the judge who had released him, based his decision on an erroneous interpretation on a key provision of the national security law.

Chief Justice Cheung was involved in the ruling

Recently installed Chief Justice Andrew Cheung Kiu-nung said Lai could apply for bail again at the High Court, as the Court of Final Appeal lacked the jurisdiction to handle his application.

In addition the court said the Beijing-imposed security law, which criminalizes acts of secession, subversion and terrorism, was not open to constitutional review, and that Hong Kong's most senior judges had no power to correct parts of the legislation alleged to run counter to the Basic Law, or the International Covenant on Civil and Political Rights as applied in Hong Kong.

Charges related to the national security law will be scrutinized at a higher standard, which means defendants hardly have any chance of getting bail. Hong Kong's justice system is being brought into line with China's very swiftly, with the Secretary for Justice Teresa Cheng Yeuk-wah making this possible.

In other words, since the national security law was implemented by the National People's Congress and Standing Committee of the National People's Congress, Hong Kong judges have no right to amend anything to do with it.

Tong allegedly drove into police officers

It also means that the Basic Law does not protect people's rights when it comes to breaching the national security law.

Today it was also announced that the first person charged under the national security law, Tong Ying-kit, will not have a trial by jury, but instead by three judges appointed by Chief Executive Carrie Lam Cheng Yuet-ngor.

On July 1 last year, Tong allegedly rode a motorcycle into police officers during a protest.

Justice secretary Cheng claimed a jury trial may pose "a real risk" to jurors and their families, and that it could impair the "due administration of justice".

Cheng says Tong's case heard by judges not jury

Eric Cheung Tat-ming, a legal scholar at the University of Hong Kong questioned Cheng's reasons, as there was no evidence of any potential threat to jurors.

"Why is it that they can ensure the judges' safety but not the jurors'?" he said.

Cheung said the jury system was introduced as a safeguard to check against bad law, and Cheng's decision to "circumvent and damage the system" had resulted in the natural consequence of giving the impression the government did not trust juries.

Yet another sign of the justice system in Hong Kong being mainlandized. There is no legal way around it...

Pan-Democrats Play into Beijing's Hands

Pan-democrats are united, but are they doing the right thing?

 

The pan-democratic lawmakers in the Legislative Council are outnumbered by the pro-establishment politicians, so when bills need to be passed, the former use whatever tools they have to prevent or at least have a decent debate before it is basically rubber stamped.

One of the tools they use is filibustering, and every other democratic opposition uses this strategy at one time or another.

For the Hong Kong opposition, it's basically all they have left. They don't even have a chance of having a majority elected in Legco and Beijing wants to make sure it stays that way.

Baggio Leung crosses his fingers in swearing-in

In recent years the National People's Congress has decimated the opposition by disqualifying them. In 2016, six newly-elected pan-democrats, including Nathan Law Kwun-chung, Yau Wai-ching and Sixtus Baggio Leung Chung-hang were disqualified for displaying a banner that said "Hong Kong is not China" and not taking their oath seriously, mispronouncing "People's Republic of China" as "people's re-f***ing of Chee-na".

Now four more pan-democrat lawmakers may also be disqualified for... filibustering.

The NPC is meeting this week and has this issue on its agenda. 

The warning came from Tam Yiu-chung, Hong Kong's only delegate to the standing committee, saying the lawmakers' delaying tactics since the beginning of Legco's extended term made them unsuitable for office.

"As lawmakers, you must act in accordance with Article 104 of the Basic Law, [which states that lawmakers] need to swear allegiance to the Hong Kong Special Administrative Region and uphold the Basic Law," he said before flying to Beijing.

Tam says bills need to be passed, not filibustering

"It isn't good to use various means to disrupt Legco's normal operation. We need to face this problem."

The four at risk of being thrown out of Legco are: Civic Party's Alvin Yeung Ngok-kiu, Dennis Kwok and Kwok Ka-ki, and Kenneth Leung of the Professionals Guild.

This evening 19 pan-democrats decided to raise the stakes if the four are disqualified.

"We have decided that we will resign en masse without hesitation if the central government decides to push ahead with the disqualification," Democratic Party chairman Wu Chi-wai, co-convenor of the pan-democrat bloc said during a hastily arranged press conference.

"It is to demonstrate our extreme discontent and strong protest against the authorities' ruthless attempt to trample the legislature."

But isn't that exactly falling into Beijing's hands? If they all resign, there will be no opposition in Legco, and the people who elected them in are powerless to oppose this, as public protests are practically impossible now due to the pandemic.  

Beijing wants antics like this to end in Legco

Is this the right course of action for the pan-democrats to take? While filibustering is allowed in Legco, Beijing has had enough of it and wants bills to be passed.

Some don't deserve to be passed, such as the Lantau Tomorrow Vision, where Chief Executive Carrie Lam proposes to solve the housing crisis by building a massive 1,700-hectare manmade island through land reclamation costing HK$500 million (US$68.3 billion) off Lantau.

We will find out in the next day or so what Beijing has to say about the four lawmakers; it may force the hand of pan-democrats to resign en masse. 

Then what? 

Who will represent the interests of Hongkongers?

CY Leung's Unrelenting Campaign Against Teachers

Leung Chun-ying is relentless in his bid to punish teachers

 

Former chief executive Leung Chun-ying is adding fuel to the divisive tensions in Hong Kong by publishing the names of 18 teachers who were arrested during last year's anti-government protests on his Facebook page today.

Culled from news reports, the list details as much information possible about the teachers' names, ages, details of their charges and in some cases the names of the schools. 

The Facebook post lists lots of details of teachers

While this information is already publicly available, collating them together seems particularly vindictive, though Leung argues this is the parents' right to know.  

Is that really necessary?

Leung, who is now a vice-chairman of the Chinese People's Consultative Congress, also criticized the Education Bureau, and the Professional Teachers' Union for depriving parents of knowing which teachers are involved in these protests.

Not only that, but his group 803 Funds Limited is seeking a judicial review to force Secretary for Education Kevin Yeung Yun-hung to make public the teachers' details.

Ip Kin-yuen, vice-president of the 100,000 PTU and an opposition lawmaker representing the education sector, on Tuesday slammed Leung's posting of the list as "unnecessary and full of hostility".

"As a public figure, and with the titles that [Leung] carries, how often have we seen people like him target the education sector in such a manner, both in Hong Kong or in mainland China, or even in other parts of the world?" Ip asked.

Leung also criticizes education minister Yeung

"Plus, he said the details he listed have already been made public previously. If they are already in the public domain, why does he need to list them out again?"

However, Wong Kam-leung, chairman of the pro-establishment Federation of Education Workers that has some 35,000 members, said the list made public would not adversely affect schools, but that teachers should act professionally and not let politics override their professionalism.

Nevertheless, Leung lashed out at education minister Yeung on Monday, questioning if teachers were allowed to broach the subject of Hong Kong independence in their classes.

Yeung replied should the topic come up, teachers should guide students to the conclusion that Hong Kong independence was impractical, and added schools should not include discussions about the subject in the curriculum.

Last year's protest by teachers in Central

But pro-Beijing heavyweight Tam Yiu-chung, the only Hong Kong member of the National People's Congress Standing Committee, said Yeung's explanation was "inaccurate", saying that independence should not be touched on at all, as it could put schools in violation of the new national security law. 

Everyone seems to want to dictate how Yeung should do his job. And why isn't his boss Chief Executive Carrie Lam Cheng Yuet-ngor defending him? Oh wait she's busy in Shenzhen placating her boss.

Educating young people should be a fulfilling vocation for teachers, but now Leung has made it like possibly stepping on political landmines, something he probably relishes. 

And for the record Leung's two daughters and son studied overseas in Britain.

Patriotism is an Obligation, not an Option

City Garden Hotel is celebrating National Day with pride

 

Tomorrow is not only Mid-Autumn Festival, but also the 71st anniversary of the establishment of the People's Republic of China.

Some businesses are trying to show how patriotic they are, with City Garden Hotel plastering two flags, the Hong Kong and Chinese flags to celebrate national day.

Luo said patriotism is a duty, not a choice

There's also another big banner in Admiralty near a flyover for everyone to see.

The campaign to force Hongkongers into submission continued today with Luo Huining, director of the liaison office stressed patriotism is not an option but an obligation.

"As Chinese, loving the country is not a choice, but a duty, and even more so, the correct path," he said.

Stark words for people still reeling from last year's extradition protests, and now the recently implemented national security law.

"The National People's Congress enacted the Hong Kong national security law to end the madness of Hong Kong independence advocacy and the black violence that ran out of control," Luo said, referring to the colour worn by anti-government protesters.

He added civil servants and students should receive more education on national security, the country's situation, Chinese history and culture, the Chinese constitution, and the Basic Law.

Red banners celebrating national day

To demand Hongkongers to be patriotic to China is while not surprising, will not win the hearts and minds of the people. 

This hard line approach will only make people more recalcitrant.

Meanwhile also today the families of the 12 detained in Shenzhen pleaded in front of the liaison office to be able to pass messages and mooncakes to their loved ones.

The People's Procuratorate in Shenzhen's Yantian district said this evening they had approved the arrests of 10 in the group over crossing the national border unlawfully, and two others for planning the offense. 

A woman, who is wanted by Hong Kong police, and Tang Kai-yin, a 30-year-old salesman who was earlier charged with conspiracy to commit arson with intent were both accused of organizing the operation.

Pro-establishment newspaper Sing Tao Daily cited a source saying that Tang was the driver of the speedboat with 11 others on board.

Under China's Criminal Law, people arrested for illegally crossing face one year in jail, but those who are convicted of organizing others to do so can be sentenced to up to seven years in jail.  If someone is found to have a principal role in operating a syndicate for illegal border crossings, or who violently resist law enforcement, the penalty can be life in prison.

To hear the 12 have been formally arrested and charged will be devastating news for the families.  

This year Mid-Autumn Festival will be sombre one with the coronavirus pandemic, social-distancing limited to four in public, and now dramatic weather with thunderstorms and heavy rain... and yes -- love the country -- it's a must!