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...

Hong Kong's Vaccine Guinea Pig

Tam Yiu-chung speaking with Starry Lee today on Facebook

Possibly the first Hongkonger to get a vaccine is Tam Yiu-chung, the sole local delegate to the National People's Congress Standing Committee. He is currently in Beijing for NPCSC meetings and got the Sinopharm jab there, which so far has 79 percent efficacy.

In a Facebook live broadcast, Tam told Starry Lee Wai-king, chairperson of the pro-Beijing DAB party that he will take the second dose in about two to four weeks' time and he can get it either in the Chinese capital or Shenzhen.

Sinopharm's vaccine has 79 percent effectiveness

Interesting he was able to access Facebook since it's banned on the mainland. 

Nevertheless, Tam reported he felt find so far and didn't have any side effects.

In Beijing he asked the central government to quickly distribute mainland vaccines to Hongkongers. The Hong Kong government has procured vaccines from another Chinese manufacturer, Sinovac (that has only 50 percent effectiveness), BioNTech, and AstraZeneca.

What is the point of rushing vaccines to Hong Kong when a recent survey found only about 37 percent of residents were keen to get the jab?  

A lot of it has to do with distrust in the government, not in the speed at which the vaccines will arrive in Hong Kong. We're in no hurry to get the vaccine yet and would rather wait for more data to come out and be analyzed.

The Sinovac vaccine is only 50 percent effective

So how about Tam passing this word along to the NPC standing committee?

In the meantime we will watch him carefully for any side effects from the vaccine he hasn't reported yet...

Investigation into Upside Down Flag

This morning the Chinese flag was upside down at Legco

This week is not over yet, and so much has happened -- eight former lawmakers were arrested for illegal assembly on July 1, eight Chinese University students were arrested for chanting slogans for independence, activist Agnes Chow Ting denied bail, former Democratic Party lawmaker Ted Hui Chi-fung's bank account frozen, unfrozen then refrozen again, and on top of that the number of cases of the coronavirus climbed to 112 today.

We can also add from today restaurants cannot serve food inside the premises beyond 6pm, while gyms, beaches, libraries, museums, concert halls, massage parlours are closed too. Basically there is nothing to do in the city.

The blunder wasn't found until two hours later

So there was a bit of respite from the gloom to find out this morning that the Chinese flag was flying upside down at the Legislative Council for almost two hours until someone spotted the mistake.

Every morning at 8am the flag is raised outside the complex in Admiralty, but the Legco secretariat didn't discover the blunder until just before 10am.

By that time pictures of the upside down flag spread on social media.

"After learning that the national flag at Legco Square had been flying upside down, the secretariat immediately raised it properly at 9.54am. The secretariat sincerely apologizes for the mistake," it said.

It added an investigation was underway, and the office would follow up with its human resources policies.

"The secretariat has also immediately reviewed and improved the procedures of flag raising to avoid a recurrence of the mistake in future," it added.

Hong Kong's current flag law states that anyone who desecrates the national flag or national emblem by publicly and wilfully burning, mutilating, scrawling on, defiling or trampling it commits an offence punishable by a fine of up to HK$50,000 and three years in jail.

Last year this happened at the liaison office

However, in October, the National People's Congress Standing Committee, China's top legislative body, strengthened the national flag law to ban flying it upside down in an amendment to take effect January 1 and will apply in Hong Kong.

So whoever did it this time is very lucky to not be affected by the new amendment that will be in a few weeks' time.

Nevertheless it is quite strange for this to happen, considering at least three people are involved in the flag-raising ceremony... did no one check afterwards to see if it was flying the right way up?

Federation of Trade Unions lawmaker Wong Kwok-kin isn't too worried about it, saying last year a staff member at Beijing's liaison office made the same mistake, and if Thursday's incident was an oversight, then warning the staff should be enough.

But another pro-Beijing lawmaker, Edward Lau Kwok-fan of the DAB says further investigation is necessary.

"Flying the flag upside down is a serious matter. We have to see whether it's just a careless mistake or there are other reasons," he said.

Picture of the Day: Rainbow

A beautiful rainbow at sunset in Kennedy Town today

 

It's been a crazy week. Four lawmakers disqualified after the National People's Congress Standing Committee claimed they did not uphold the Basic Law and pledge allegiance to the Hong Kong SAR. The following day 15 of their colleagues resign en masse, leaving two independents as the only opposition.

The Hong Kong Bar Association and Law Society both question the legality of the NPCSC's decision and are asking for clarification.  

And then a freelance reporter with RTHK appeared in court to face charges of false declaration when she conducted registration searches on vehicles that were in videos related to the July 21 attack in Yuen Long last year. Bao Choy Yuk-ling was granted bail, and her case will be heard in court January 14.

As if that wasn't enough, the number of coronavirus cases keeps rising, though the majority are imported. But the government insists it needs to prevent a fourth wave from happening so now it will force "high risk groups" to do mandatory testing, restaurants are back to four to a table, bars and pubs to two, and these establishments must close by midnight.

Today I decided to nip downstairs to take a quick look at the sunset (now at 5.40pm), and after I took some pictures I turned around to see people taking pictures of the sky. I looked up and saw a brilliant rainbow! What a surprise and a happy one. 

I don't know how that rainbow appeared as there was no precipitation today that I know of. But I'll take it as a sign that things could get better soon.

Another Dark Day in Hong Kong

Pan-democrat bloc says they will resign en masse tomorrow

 

Today marks the end of "one country, two systems" that paramount leader Deng Xiaoping had promised back in 1984. He said there would be no change for 50 years, which at the time seemed far off.

But only 23 years after 1997, Hong Kong's institutions are being destroyed to make the city into a Chinese one, and very quickly too.

Is this what Deng had in mind back in 1984?

The National People's Congress Standing Committee today endorsed a resolution (unanimously of course) to oust Hong Kong lawmakers immediately if they are deemed to have engaged in acts ranging from endangering national security to dishonouring their pledge of allegiance and refusing to support China's sovereignty over the city.

Then the Hong Kong government used this ruling to immediately disqualify four lawmakers: Civic Party's Alvin Yeung Ngok-kiu, Kwok Ka-ki, and Dennis Kwok, along with Kenneth Leung of the Professional Guild.

When that happened, the immediate thought was, now that the four had been ousted, would the pan-democrat bloc follow through with their threat yesterday to quit the Legislative Council?

Indeed they have.

Four ousted lawmakers walk out of Legco

On this tumultuous day that saw the announcement, Chief Executive Carrie Lam Cheng Yuet-ngor made long-winded explanations on why these disqualifications had to happen, and that she did not initiate this, that she was only the messenger and so on; then the four lawmakers made statements in the Legco chamber and solemnly walked out, saying they were honoured to be forced out; and then the other 15 pan-democrats spoke one by one in another press conference encouraging Hongkongers to add oil and that the fight for democracy was not over.

They will resign en masse tomorrow. Beijing might even arrest them tomorrow.

For Hongkongers this means the opposition they had democratically voted four years ago in are now wiped out except for two independents. Beijing does not care to respect the Basic Law anymore -- instead it will rule the city how it wishes and expects Lam to execute these demands.

There is no legal recourse to fight Beijing on these changes. You are either deemed patriotic enough by Beijing or you can't serve Legco. This means bills the government wants to pass will be passed. Interestingly lawmakers in the pro-establishment camp say they will continue to hold the government accountable...

Lam claims she is only the messenger

Hongkongers are collectively wondering what happened to their city. Last year it was torn apart by clashes between protesters and the police, and now life appears to be going on normally but the city's institutions are being destroyed, the judiciary possibly next.

How much longer can people accept what is happening to their city? Everyday there is a new outrageous development they have no choice but to absorb and move on.

Last year's District Council elections may have been the last time people were able to have a voice that Beijing refuses to listen.

 

Six Years Ago Today

Yellow umbrellas in force at Admiralty six years ago

 

Six years ago today was the start of the Umbrella Movement. I remember that day in Admiralty, seeing people carrying umbrellas and some wearing masks and goggles. What was going to happen? 

I just knew there were students holed up at Civic Square, surrounded by the police and people demanded that they be let go.

Nothing happened, so my friend YTSL and I grabbed a bite to eat in a restaurant in Pacific Place shopping mall and that's when I checked Twitter to discover people had occupied the roads.

When teargas was fired, umbrellas were defense

In disbelief we went back to see a surreal sight of people on the roads, helping each other climb over the highway barriers and wandering around. It was so bizarre we wandered around too and wondered how long this would last.

Later that evening around 6pm the police fired teargas into the crowds, who tried to defend themselves with umbrellas. People watching the scenes unfold on television were in shock and rushed over to Admiralty.

It would be 79 days before the occupation ended, and it was the spark that ignited the passion of fighting for democracy in Hong Kong. The community spirit at Admiralty was warm, friendly, eco-friendly. It had a utopian atmosphere of what people believed Hong Kong should be.

Students set up desks to do their homework and people volunteered to tutor them, people drew posters, encouraged others to write notes on the first Lennon Wall, and others created arts and crafts inspired by the movement.

The famous or infamous televised debate

Meanwhile the government was caught completely off guard and had no idea what to do. They looked worse debating student leaders, who demanded that the election reform should include nominations from local citizens. However, the government claimed this fell outside the framework of the Basic Law and the National People's Congress Standing Committee decision.

The government revealed its impotence though it claimed the talks were "candid and meaningful", while the student leaders expressed disappointment in the lack of concrete results.

The protests revealed the growing divide between pro-establishment and pro-democracy camps, both becoming more entrenched in their positions.

And then on December 15, 2014 the Umbrella Movement ended unceremoniously with people being arrested for refusing to leave the protest sites, and the police cleaning up the roads for traffic to finally resume.

I never thought I would see the roads occupied by people ever again until it happened again five years later with the anti-extradition protests. 

Protesters regrouped in Admiralty last year

All that pent-up frustration and anger exploded again in the city, revealing that people still had the passion inside them to protest what they felt was not good for Hong Kong. 

But alas it has come to this -- a tone-deaf government controlled by the heavy hand of Beijing. The implementation of the national security law in the hours before July 1 came out of the blue for everyone else, but was the plan all along to force Hongkongers into submission.

And with the ongoing pandemic, it makes it even easier for Beijing to do as it pleases, postponing the Legislative Council elections (that should have been earlier this month), and outright banning mass protests all in the name of social distancing.

October 1 will have a loaded meaning this year, as it is China's national day and Mid-Autumn Festival. And the legend has it that over 600 years ago, the Han overthrew the Mongol Yuan dynasty by inserting secret messages inside the mooncakes...

A mini protest tonight in Pacific Place

Tonight there was a low-key protest at Pacific Place to mark the sixth anniversary of the Umbrella Movement. About two dozen peo

ple turned out to shout anti-government slogans and sing protest songs.

While police watched nearby they didn't arrest anyone, and instead urged people to disperse.

The Civil Human Rights Front had applied for a march to protest the 12 people detained on the mainland on October 1, but that was immediately banned due to social-distancing measures. 

What will happen next?

Safeguard Hong Kong

A blurry picture of a banner that says "Safeguard Hong Kong" on Lion Rock

The hiking activists are at it again.

This morning a yellow banner appeared on Lion Rock in Kowloon with the words "Safeguard Hong Kong" on it.

However, it wasn't anchored properly so it was flapping in the wind.

Police were alerted of the banner at 7.30am and by 11am they had successfully removed it, though it is unknown who put it there and for what reason.

How the Hong Kong rail station would work

However, it is believed the banner is related to the controversy over the Chinese government's state council's Hong Kong and Macau Affairs Office (HKMAO) insisting that the city must implement the joint checkpoint at the cross-border rail link being built to connect with Guangzhou and Shenzhen.

The National People's Congress Standing Committee has already authorized a plan where mainland Chinese officials would enforce national laws as part of the West Kowloon station.

"[Authorities] on the mainland and in Hong Kong must execute [the NPCSC's] decision," a HKMAO spokesman said to Xinhua news agency.

The NPCSC's decision was described as "an important constitutional judgment that cannot be challenged" and is in line with Hong Kong's Basic Law, according to a top Beijing expert on the mini constitution.

However, the Hong Kong Bar Association was "appalled" by the decision, saying the move was the most retrograde step since 1997, with the Basic Law being "irreparably breached" and the rule of law "severely" undermined.

The rail-link in West Kowloon is under construction

The association added the decision regarding the co-location agreement of having mainland authorities exercising mainland laws in Hong Kong territory was not supported by any provisions in the Basic Law.

"This plainly amounts to an announcement by the NPCSC that the cooperation agreement complies with the constitution and the Basic Law 'just because the NPCSC says so", the association's statement said.

"Such an unprecedented move is the most retrograde step to date in the implementation of the Basic Law and severely undermines public confidence in 'one country, two systems' and the rule of law in the Hong Kong Special Administrative Region."

What is Chief Executive Carrie Lam Cheng Yuet-ngor going to do about this? So far she hasn't said much, which means she is complicit to her Beijing masters.

Again Hong Kong people and institutions are left having to defend the city again. It is appalling that the Basic Law isn't even respected by Beijing and instead it keeps changing the goal posts whenever it needs to keep its advantage.

Is there any legal way of challenging the NPCSC's decision? Or are we left to silently accept this latest announcement?

Yet another issue to protest about come July 1, 2018.