#EditorialColumn #Jun15
National Security Law Turns Hong Kong Into a Launchpad for China's Legal Terrorism

"...As Hong Kong's Secretary for Justice Teresa Cheng admitted on June 14 that the National Security Law is unlikely to be based on common law, China is inserting a Chinese-style statute into Hong Kong's common law system.

The question arises: Will Hong Kong's National Security Law cases be recognized by other common law countries?"

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https://t.me/guardiansofhongkong/22449

Photo taken by Daniel Cheung on June 9, 2020 in Central

#LegalTerrorism #CommonLaw #CivilLaw #ChinaJudiciary

Secretary for Justice Admits National Security Law to Deviate from Hong Kong's Common Law System
https://t.me/guardiansofhongkong/22447

#EditorialColumn #Jun15
National Security Law Turns Hong Kong Into a Launchpad for China's Legal Terrorism

China's decision to insert the National Security Law" as a so-called "nationwide" law into Hong Kong's legal system has far reaching ramifications - not only to Hong Kong, but also to the rest of the world.

The problematics stem from the very different nature of the two legal systems: Hong Kong's common law system inherited from Britain vis-a-vis China's own blend of civil law and socialist law.

Different Systems, Different Values

The strength of a common law system lies in the common legal basis and values agreed upon by countries and regions sharing the same system. International business is founded on this, especially for fast-paced decision makers who would not have time for the intricacies of a different local law - for example, China's.

The concept of judicial precedent, central to all common law systems, constrains judges to base their rulings on the principles laid down in past cases. These precedent cases may be cited from other common law countries. In fact, Commonwealth and former Commonwealth regions such as Australia, Canada, and Hong Kong recognize, and often cite, each other's cases.

However, in China's law system, judges base their decisions only on the text of the law (and from time to time, on the whims and fancies of the Party)--not on any previous cases, nor cases from other legal systems, and certainly not on the universally shared values underlying those courts' decisions. It is noteworthy that in China's court, the conviction rate is nearly 99%.

As Hong Kong's Secretary for Justice Teresa Cheng admitted on June 14 that the National Security Law is unlikely to be based on common law, China is inserting a Chinese-style statute into Hong Kong's common law system.

The question arises: Will Hong Kong's National Security Law cases be recognized by other common law countries?

One Country, One (Messed Up) System?

This raises some worrying scenarios:

Scenario 1: After winning national security cases in Hong Kong, China sues governments and private enterprises in other common law countries, citing Hong Kong cases as precedents.

Scenario 2: To avoid scenario 1, other countries no longer recognize Hong Kong's case rulings as being made under common law. Then Hong Kong's legal system becomes a unique (thus isolated) "common law system with Chinese characteristics", losing the greatest advantage of common law - that is, individuals and companies can understand and execute contracts according to values common to the rest of the world.

In China, concerns of national security is all-encompassing; even the revenue of Huawei and other "national enterprises" are "national security" issues. If scenario 2 comes to pass, not only are small and medium businesses robbed of the legal protection they once enjoyed, even multinational companies are in danger of losing basic properties, including their trademarks (recall that Chinese courts ruled that even Michael Jordan doesn't own the rights to his own name within China).

Incoming: Legal Terrorism

China's forcing their national security law upon Hong Kong severely undermines the foundation of Hong Kong's legal system; this has been widely noted and criticized by the international community.

Although foreign countries can withdraw their capital and mitigate their losses, this does not stop China from launching legal terrorism attacks into the common law world, by exporting precedent cases under this "common law with Chinese characteristics".

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#LegalTerrorism #CommonLaw #CivilLaw #ChinaJudiciary

Secretary for Justice Admits National Security Law to Deviate from Hong Kong's Common Law System
https://t.me/guardiansofhongkong/22447

Gigantic #Banner on Devil's Peak: "One Country One System, Hong Kong is Over"

A 3x30m gigantic banner was sighted early in the morning on June 15, 2020 at Devil's Peak in Hong Kong.

The banner reading "One Country One System, Hong Kong is Over" shows the concern over the National Security Law forcefully imposed by Beijing on Hong Kong.

Source: Apple Daily #Jun15
#DevilsPeak #OneCountryOneSystem #NationalSecurityLaw

#Remembrance
Marco Leung's Death Anniversary: Citizens Pay Tribute with White Flowers

It's been a year since the death of Marco Leung, also known as the 'Yellow Raincoat Man' affectionately to many Hongkongers. Netizens have called for memorials to be held in multiple districts across Hong Kong.

Citizens were already seen gathering and paying their respects and tributes earlier on in the afternoon of June 16 at Pacific Plaza, which is located at Admiralty. About 30 people were seen on site. Some of them were dressed in black clothes and wearing white ribbons. There were also people laying white flowers on makeshift altars.

Among these items being placed in tribute to Leung was a card with these words written on it:

"Though it has been a year, Hong Kongers have never forgotten about you."

Source: Stand News

#Jun15 #MarcoLeung #YellowRainCoatMan

#DailyUpdate #Jun15 #COVID19

COVID-19 Updates (Jun 15)

At the time of writing, 8,028,253 cases of the coronavirus had been confirmed with 436,276 deaths in 213 countries and territories. 4,148,128 have recovered.

The 4 most countries affected are USA, Brazil, Russia and India.

Hong Kong has reported 3 imported cases today.

Pupils from K3 up to P3 in Hong Kong resume classes today.

The Hong Kong Disneyland Park would be reopened this Thursday.

China has reported 49 new cases, 36 of them are from Beijing.

China - Some markets are closed in Beijing due to the recent outbreak.

Japan - For 2 consecutive days Tokyo has reported more than 40 cases, over half of them are related to nightclubs.

UK plans to loosen social distancing measures early next month.

Germany lifts travel warning for 27 European countries

Stocks tumble as investors continue to worry about a possible second coronavirus wave.

Source: CNN, Now News, Worldometer

Hongkongers: 'Golden Nica' Awardees of Ars Electronica

Hongkongers’ movement won the highest award in the 'Digital Communities' category.

"Be Water by Hong Kongers"

"We submit this project not as artists but as messengers. Our agenda is to collect examples of digital excellence from within the protest movement and generalize them into one discourse of “digital community.” Hong Kongers have set new standards of digital activism, the lessons of which must be shared.

“Be Water” is their guiding philosophy, just as in the Chinese classical text *Tao Te Ching* by Lao Tzu, the highest good is like water. As messengers and Hong Kong citizens ourselves, we document the past and present, credit the Hong Kong protesters, and hope to bring Hong Kongers to the center of art, technology, and society and provoke a much-needed dialogue about how digital culture shapes our practice of civic responsibility now and in the future."

Source: Ars Electronica #Jun15

#Censorship
Pro-Beijing Activists Call For Citizens to "Monitor" and "Report" Products That Might "Incite Subversion of State Power"

The government had announced that this year's Book Fair would be held between 15 July and 21 July as usual. Pro-Beijing Organisations such as Politihk Social Strategic organised the movement "Independence-less Book Fair", calling for citizens to "monitor" and "report" products that may "incite subversion of state power" using their smartphones, claiming that they would "assist in passing on the information to the Ministry of State Security (MSS) and bringing quislings to justice."

Although the National Security Law has not finished drafting, and with pro-Beijing activists repeatedly emphasising that the National Security Law only targets a small amount of people, the Politihk Social Strategic stated that Hong Kong already has a "National Security Law", and that the "tolerated" pro-Independence promotion may already be commission of inciting subversion of state power. They had observed that "corruption-spreading publishers and political parties had exploited previous year's book fair to spread their illegal political views," and are teaming up with pro-Beijing organisations such as DQaction and Johnny Patriotic 101 to call for "parents" to exercise caution while picking children's books, while also "inviting" parents to report book stalls selling products that may "incite subversion of state power" to the MSS via them.

Source: Stand News
#Jun15 #BookFair #PolitihkSocialStrategic #WhiteTerror

HK Protest Artworks Wins Gold at Prix Ars Electronica

The Prix Ars Electronica is one of the best known and longest running yearly prizes in the field of electronic and interactive art, computer animation, digital culture and music since 1987.

The Golden Nica in the category “Digital Communities” went to the Hong Kong protest movement, which brought forward a slew of creative and powerful artwork which supported pro-democracy ideals.

The Prix Ars Electronica 2020 brought together a total of 3,209 submissions from 90 different countries.
The Hong Kong protest artworks won in the category “Digital Communities".

#Canada #HongKong #ProtestArt

Source: Prix Ars Electronica Website #Jun15
https://ars.electronica.art/press/en/2020/06/15/prix_ars_electronica_2020/

#Court #Regime #Judiciary
Pleading for the First #NationalSecurityLaw Conviction -- Hongkonger Raises Sign in Silence: "If there is no jury, does #CommonLaw still exist?"

The first National Security Law case against 24-year-old Tong Ying-Kit resulted in a conviction on "inciting secession" and "terrorism".

On Jul 29, 2021 is the day for mitigation, and the sentencing is scheduled on Jul 30.

Michael, in his 70s this year, raised a sign he handwrote: "If there is no jury, does Common Law still exist?" at Taikoo Plaza and stood in silence.

In response to the conviction of Tong, he bluntly replied, "It's already expected" and criticized that "under Common Law, large cases that go to the High court must have juries present- why isn't there one all of a sudden?"

"The three judges collude with each other, and it is no different from Mainland China." He lamented, "Now there is no law. Rule of law is dead."

Michael predicted that Tong, "even without life imprisonment, will face more than 20 years [of jail]."

He also described that currently, "NSL rules us all," so action does not change much and he fears arrest. However, he still came out and expressed his sentiments. "I'm a hardliner- if you don't shout they'd think you're dead."

Source: InMedia HK #Jul29

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Read more:

Is National Security Law Turning Hong Kong Into a Launchpad for China's #LegalTerrorism?

https://t.me/guardiansofhongkong/22449b

China Supporters call to send #AppleDaily Founder #JimmyLai for trial in China

https://t.me/guardiansofhongkong/27372

#HongKongProtest #TongYingKit #NSL #PoliticalOppression #RuleOfLaw

Three Years Since the Death of "Yellow Raincoat Man": Police Warn Mourning Citizens of "Littering" as they Offered Flowers

Today marks the third year since the death of Marco Leung Ling-kit, the "Yellow Raincoat Man", who fell to his death wearing a yellow raincoat that said "Carrie Lam killed Hong Kong, Cops were cold blooded." His death came a week after a 1-million-strong march did not #CarrieLam to withdraw the extradition bill, and another massive protest on the day of the vote was met by violent police crackdown.

Outside Pacific Place in Admiralty, the scene of Leung's death, citizens have erected a roadside memorial this afternoon. It was soon surrounded by dozens of white flowers, origami flowers, and other memorial art from citizens who came to pay tribute to the fallen man.

Police came and cleared away the memorial, and accused a man who laid down flowers for "littering", giving verbal warnings and taking down their identities. "I have the right to mourn," the man said, criticizing the police's actions, "I'm only exercising my due rights."

Ms. S and Mr. J took half a day off work today to attend the memorial and lay down flowers. J said that he had never forgotten Leung, and came to "tell everyone: hold on and continue in our conviction." He had been concerned that simply mourning in public might put him at risk of being arrested, but decided that he couldn't worry too much.

"I have to do what I intended to do," he said, "or else some memories will slowly fade away. I don't want to be ashamed of myself."

source: In-Media HK
photos: first-hand
https://bit.ly/3MNehLS

#Jun15 #Remembrance #YellowRaincoatMan #LeungLingKit #NeverForget #Martyr

13-year-old Bowen is wearing a yellow raincoat, stood silently before the memorial.

As night falls, citizens continue to arrive at the memorial to mourn "Yellow Raincoat Man" Leung Ling-kit outside Pacific Place. 13-year-old Bowen is among them; he came wearing a yellow raincoat, and stood silently before the memorial.

Bowen said that he was only 10 when the incident happened, but what he saw on live TV was etched into his mind. Even though his family objected, he came to the memorial anyway.

Other citizens lit candles at the memorial. and paid silent tribute to Leung as they stood in the heavy rain under umbrellas.

source: ReNews #Jun15

https://www.facebook.com/renewshk/posts/132708449403734

#Remembrance #YellowRaincoatMan #LeungLingKit #NeverForget #Martyr

Hong Kong's Judiciary Suspected of Targeting Pro-demoncracy Supporters from Decumenting Court Records

Source: InMedia #Jun15

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Hong Kong's Judiciary Suspected of Targeting Pro-demoncracy Supporters from Decumenting Court Records

On June 15, 2022, in Hong Kong the Judiciary has published the draft of the Courts (Remote Hearings) Bill, which, in addition to consulting on the use of remote hearings in criminal proceedings, proposes two new offences against recording and publishing both remote and physically attending hearings.

An example in the draft suggests that lawyers and journalists should be allowed to take notes of legal proceedings; however, the other attendants are prohibited from doing so, that unauthorised records would be subjected to a fine of $50,000 and imprisonment for six months.

Furthermore, publishing or even attempting to publish unauthorised records of hearings would be subject to five years imprisonment. The Judiciary said it wanted to eliminate unauthorised recording of all court proceedings.

Uploading a photograph or video taken at court during an adjournment, for example, would be an offence punishable by five years imprisonment.

[Editor note: the two new proposed offences are suspected of targeting "professional spectators", who attend hearings of pro-democratic protesters or activists to support the defendants, at least psychologically. Some of them may see themselves as court reporter, taking down details of a case and posting them on the internet for public reference. Their presence also reflects the companionship and solidarity of the 2019s anti-extradition protesters.]

Source: InMedia #Jun15

https://bit.ly/3ytHV3z

Commemorating Tragic Loss in Anti-Extradition Protest
Supporters Risk Littering Fine with Floral Tributes

June 15th marks the fourth memorial of the tragic death of Marco Leung Ling-kit, who fell from a height at #Admiralty #Pacific Place. His passing remains a solemn reminder of the #AntiExtradition Law Amendment Bill (#AntiELAB) protest in Hong Kong in 2019. This day holds significant importance as it honors the memory of Leung and reflects upon the events that unfolded during the movement.

Leung's untimely demise, coupled with the Hong Kong government's failure to respond to the demands of pro-democracy protesters to #WithdrawTheBill, gave rise to a subsequent mass protest involving two million Hong Kongers. The resounding slogan "Not disbanding until withdrawal" echoed throughout the city as a symbol of unity and resilience.

Unlike previous years, there were no uniformed police officers stationed at the site on this occasion. However, a considerable number of plainclothes police officers were scattered in the vicinity. They did not interfere with citizens who came to pay tribute to Leung and allowed them to stand and observe a moment of silence. Nevertheless, when individuals placed their floral tributes at the designated flowerbeds, plainclothes officers holding "fixed penalty tickets" swiftly emerged from all sides, warning that failure to retrieve the flowers would result in a littering fine.

The white flowers that had been placed in the flowerbeds earlier were respectfully removed by cleaning workers around 8 o'clock in the evening.

Source: Panda; #Jun15

https://www.facebook.com/100075850610487/posts/pfbid029z6nvuj5jMETf2e2LreuKtvBxT1Tw2LXm4t1CdC7z97YGzu4MWDGoQDfL19xGDvol/