#OneCountryOneSystem
HKU Legal Expert Eric Cheung: Establishment of the National Security Law by the Central Government Annuls the 1 Country 2 Systems Model
The third session of the 13th National People's Congress begins tomorrow. The agenda of the session, set up by the Standing Committee of the National People's Congress includes a motion that concerns the "establishment of the legal system and implementation mechanism for the maintenance of national security in the HKSAR".
Eric CHEUNG Tat Ming, solicitor and Principal Lecturer and Director of Clinical Legal Education in the Department of Law in the University of Hong Kong, believes that the motion covers laws that would be covered by the Basic Law Article 23 were it to be established. Yet Article 23 clearly states that the Hong Kong is to "enact laws on its own" regarding such matters.
Cheung stated that the passing of said motion would indicate the Central Government's little-remaining patience, as it would not wait for Hong Kong to enact its own laws or declare that the Hong Kong Government violated the constitution, and instead acted to give legislative power to itself to enact laws on their own.
Cheung believes that, the Central Government is enacting a tailor-made law designed for the situation in Hong Kong under the guise of enforcing a nationwide law through the use of Appendix 3 of the Basic Law, which indicates that the Central Government is legislating laws on Hong Kong's behalf. This act, he believes, would utterly violate the Basic Law, and annul the One Country Two Systems model.
Source: RTHK #May21
Image: RTHK; SCMP
Law Professor: Beijing's Insertion of National Security Law in Hong Kong Means an End to "One Country Two Systems" and the Basic Law
https://t.me/guardiansofhongkong/21042
Chinese-controlled Media: Beijing to Bypass Hong Kong's Legislature and Push National Security Law
https://t.me/guardiansofhongkong/21016
National Security Law for Hong Kong Tabled in Beijing's "Two Sessions"
https://t.me/guardiansofhongkong/21040
#Authoritarianism
#Article23 #OneCountryTwoSystems #BasicLaw #EvilLaw #NationalSecurity #StateTerrorism #EricCheung
HKU Legal Expert Eric Cheung: Establishment of the National Security Law by the Central Government Annuls the 1 Country 2 Systems Model
The third session of the 13th National People's Congress begins tomorrow. The agenda of the session, set up by the Standing Committee of the National People's Congress includes a motion that concerns the "establishment of the legal system and implementation mechanism for the maintenance of national security in the HKSAR".
Eric CHEUNG Tat Ming, solicitor and Principal Lecturer and Director of Clinical Legal Education in the Department of Law in the University of Hong Kong, believes that the motion covers laws that would be covered by the Basic Law Article 23 were it to be established. Yet Article 23 clearly states that the Hong Kong is to "enact laws on its own" regarding such matters.
Cheung stated that the passing of said motion would indicate the Central Government's little-remaining patience, as it would not wait for Hong Kong to enact its own laws or declare that the Hong Kong Government violated the constitution, and instead acted to give legislative power to itself to enact laws on their own.
Cheung believes that, the Central Government is enacting a tailor-made law designed for the situation in Hong Kong under the guise of enforcing a nationwide law through the use of Appendix 3 of the Basic Law, which indicates that the Central Government is legislating laws on Hong Kong's behalf. This act, he believes, would utterly violate the Basic Law, and annul the One Country Two Systems model.
Source: RTHK #May21
Image: RTHK; SCMP
Law Professor: Beijing's Insertion of National Security Law in Hong Kong Means an End to "One Country Two Systems" and the Basic Law
https://t.me/guardiansofhongkong/21042
Chinese-controlled Media: Beijing to Bypass Hong Kong's Legislature and Push National Security Law
https://t.me/guardiansofhongkong/21016
National Security Law for Hong Kong Tabled in Beijing's "Two Sessions"
https://t.me/guardiansofhongkong/21040
#Authoritarianism
#Article23 #OneCountryTwoSystems #BasicLaw #EvilLaw #NationalSecurity #StateTerrorism #EricCheung
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📡Guardians of Hong Kong
HKU Legal Expert Eric Cheung: Establishment of the National Security Law by the Central Government Annuls the 1 Country 2 Systems Model
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https://t.me/guardiansofhongkong/21046
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https://t.me/guardiansofhongkong/21046
#OneCountryOneSystem
#Article23
Trump: If China imposes National Security Law in Hong Kong, US will respond vigorously
US President Donald Trump expresses that if China imposes National Security Law over Hong Kong as a response to last year's anti-extradition bill conflict, America will have a strong response.
According to Stand News in Hong Kong, the Chinese government believes with the appearance of terrorism, foreign interference, independence ideals, and governance crisis in Hong Kong, China's unity, economic security, and the internationalization of the RMB are being adversely affected. Beijing will make clear that despite international clamor, it will not back down from enacting the National Security Law in Hong Kong.
The PRC's Ministry of Foreign Affairs also has written to many nations' embassies, expressing the law's necessity and stressing stability in Hong Kong will benefit foreign interests in the city.
Source: RTHK; Apple Daily; Stand News; Reuters #May21 #Trump #US #China
#Article23
Trump: If China imposes National Security Law in Hong Kong, US will respond vigorously
US President Donald Trump expresses that if China imposes National Security Law over Hong Kong as a response to last year's anti-extradition bill conflict, America will have a strong response.
According to Stand News in Hong Kong, the Chinese government believes with the appearance of terrorism, foreign interference, independence ideals, and governance crisis in Hong Kong, China's unity, economic security, and the internationalization of the RMB are being adversely affected. Beijing will make clear that despite international clamor, it will not back down from enacting the National Security Law in Hong Kong.
The PRC's Ministry of Foreign Affairs also has written to many nations' embassies, expressing the law's necessity and stressing stability in Hong Kong will benefit foreign interests in the city.
Source: RTHK; Apple Daily; Stand News; Reuters #May21 #Trump #US #China
#OneCountryOneSystem
#Article23 #CCPLies
Chris Patten: "Chinese Communism is not to be trusted on anything"
Chris Patten, Hong Kong's last governor, called on the world that "Chinese Communism is not to be trusted on anything.”
Speaking on Beijing’s unilateral imposition of the anti-subversion law, Patten called it "a comprehensive assault on the city’s autonomy, rule of law, and fundamental freedoms" that is "hugely damaging to Hong Kong’s international reputation and to the prosperity of a great city."
Johnny Patterson, Director of Hong Kong Watch, described it as "an unprecedented assault on Hong Kong’s autonomy" and "the end of Hong Kong.” Patterson condemned China for their "total disregard for the spirit and the terms of the original treaty".
Benedict Rogers, Hong Kong Watch founder, called this the "death" of Hong Kong and One Country Two Systems.
Source: Benedict Rogers' Twitter; Hong Kong Watch; Stand News #May21 #ChrisPatten
#Article23 #CCPLies
Chris Patten: "Chinese Communism is not to be trusted on anything"
Chris Patten, Hong Kong's last governor, called on the world that "Chinese Communism is not to be trusted on anything.”
Speaking on Beijing’s unilateral imposition of the anti-subversion law, Patten called it "a comprehensive assault on the city’s autonomy, rule of law, and fundamental freedoms" that is "hugely damaging to Hong Kong’s international reputation and to the prosperity of a great city."
Johnny Patterson, Director of Hong Kong Watch, described it as "an unprecedented assault on Hong Kong’s autonomy" and "the end of Hong Kong.” Patterson condemned China for their "total disregard for the spirit and the terms of the original treaty".
Benedict Rogers, Hong Kong Watch founder, called this the "death" of Hong Kong and One Country Two Systems.
Source: Benedict Rogers' Twitter; Hong Kong Watch; Stand News #May21 #ChrisPatten
#OneCountryOneSystem #Article23 #CCPLies
Beijing to Impose Controversial National Security Law in Hong Kong on the Eve of the Anniversary of Anti-Extradition Law Movement
Last week, Beijing's long arms have gripped Hong Kong. After calling on Beijing loyalists to overtake the pro-democracy camp in the Legislative Council, Beijing attacked the city's education and examination systems, causing many to lament the arrival of "Cultural Revolution 2.0" in Hong Kong.
In the afternoon of May 21, Chinese-controlled media cited "sources" that Beijing has plan to bypass Hong Kong's Legislature to enforce anti-subversion law that has been opposed by Hongkongers since 2003.
In the evening, a press briefing was held in Beijing announcing the agenda of the "Two Sessions" with the motion.
University of Hong Kong Legal Expert Eric Cheung and Law Professor Johannnes Chan stated that Beijing's insertion of the National Security Law in Hong Kong means an end to "One Country Two Systems" and the Basic Law.
Image: Economist
Beijing to Impose Controversial National Security Law in Hong Kong on the Eve of the Anniversary of Anti-Extradition Law Movement
Last week, Beijing's long arms have gripped Hong Kong. After calling on Beijing loyalists to overtake the pro-democracy camp in the Legislative Council, Beijing attacked the city's education and examination systems, causing many to lament the arrival of "Cultural Revolution 2.0" in Hong Kong.
In the afternoon of May 21, Chinese-controlled media cited "sources" that Beijing has plan to bypass Hong Kong's Legislature to enforce anti-subversion law that has been opposed by Hongkongers since 2003.
In the evening, a press briefing was held in Beijing announcing the agenda of the "Two Sessions" with the motion.
University of Hong Kong Legal Expert Eric Cheung and Law Professor Johannnes Chan stated that Beijing's insertion of the National Security Law in Hong Kong means an end to "One Country Two Systems" and the Basic Law.
Image: Economist
#NeverGiveUp #HongKongProtests
Jimmy Sham Calls On Hongkongers to Fight On: We Will Overcome As Long As We Speak Up
The PRC's National Congress opened on May 22 and announced immediately the expected passage of the National Security Law for Hong Kong but in China on May 28.
On May 22 in Hong Kong, a press conference was convened by Civil Human Right Fronts (CHFR), pro-democracy lawmakers and groups like Hong Kong Alliance in Support of Patriotic Democratic Movements in China.
Jimmy Sham, convener of CHFR who has organized many anti-extradition law protests last year, reminded Hongkongers to use different ways to resist the National Security Law, "As long as we stand up, we will be able to overcome it".
Source: InMedia #May22
#CHRF #NationalSecurityLaw #Article23 #JimmySham
Jimmy Sham Calls On Hongkongers to Fight On: We Will Overcome As Long As We Speak Up
The PRC's National Congress opened on May 22 and announced immediately the expected passage of the National Security Law for Hong Kong but in China on May 28.
On May 22 in Hong Kong, a press conference was convened by Civil Human Right Fronts (CHFR), pro-democracy lawmakers and groups like Hong Kong Alliance in Support of Patriotic Democratic Movements in China.
Jimmy Sham, convener of CHFR who has organized many anti-extradition law protests last year, reminded Hongkongers to use different ways to resist the National Security Law, "As long as we stand up, we will be able to overcome it".
Source: InMedia #May22
#CHRF #NationalSecurityLaw #Article23 #JimmySham
#NationalSecurityLaw #OneCountryOneSystem
HKU Legal Expert: National Security Law puts Mainland's Legal Concept into Hong Kong System, Ruining “One Country, Two Systems”
The Hong Kong version of National Security Law is to be enacted by the Standing Committee of the National People's Congress (NPCSC), and made applicable to Hong Kong where Common Law is practised. Johannes Chan Man-mun, professor at the Faculty of Law of the University of Hong Kong, said the NPC's decision is to be tantamount to putting the Mainland’s law concept into the Hong Kong system, describing it as the greatest impact on the Hong Kong legal system since the handover.
Chan expressed that the legal systems in China and Hong Kong are different, and that would have serious ramifications on Hong Kong's judicial system: “For instance, political beliefs are part and parcel of the recent national anthem law, while the law would be interpreted based on political beliefs, but that is not how our Court handles the law. If the Hong Kong Court's interpretation is not in line with the Central People's Government's wish, can the NPC give another interpretation? And if this interpretation is legally binding on the Hong Kong Court, will the Hong Kong Court become a rubber stamp?”
Then, at trial, which one (interpretation) does the protection received by the defendant follow? Chan said, “In the Hong Kong system, the prosecution has to have no reasonable doubt for the accused to be convicted, and the accused has the right to presume innocence. In contrast, almost all Chinese laws involving national security crimes are tried behind closed doors and it is almost impossible to know what the evidence is, how can Hong Kong operate under such a system?”
Article 23 of the Basic Law states that the (HK)SAR shall establish its own legislations on acts such as secession. Elsie Leung Oi-sie, Deputy Director of the Basic Law Committee, pointed out that the enactment of the National Security Law does not mean that there is no need to enact Article 23, while Chan considered the NPC's action this time as violating the spirit of Article 23, “This is causing the greatest impact on Hong Kong since the reunification, completely and utterly destroying our Common Law system. All along, what has been the difference that defined ‘One Country, Two Systems’? It is the difference in the legal systems. A rift has opened up and the Chinese system has been incorporated into Hong Kong, while there will be no more ‘One Country, Two Systems’, as the Hong Kong system no longer exists.”
Source: Cable News
#May22 #1C2S #Article23 #NPC #RuleofLaw #JohannesChan
Further Reading
China's national security officials to "perform their duties” in Hong Kong
https://t.me/guardiansofhongkong/21108
Chris Patten: "Chinese Communism is not to be trusted on anything"
https://t.me/guardiansofhongkong/21050
PRC Representative in Hong Kong : Time to implement “One Country, One System”
https://t.me/guardiansofhongkong/21052
HKU Legal Expert: National Security Law puts Mainland's Legal Concept into Hong Kong System, Ruining “One Country, Two Systems”
The Hong Kong version of National Security Law is to be enacted by the Standing Committee of the National People's Congress (NPCSC), and made applicable to Hong Kong where Common Law is practised. Johannes Chan Man-mun, professor at the Faculty of Law of the University of Hong Kong, said the NPC's decision is to be tantamount to putting the Mainland’s law concept into the Hong Kong system, describing it as the greatest impact on the Hong Kong legal system since the handover.
Chan expressed that the legal systems in China and Hong Kong are different, and that would have serious ramifications on Hong Kong's judicial system: “For instance, political beliefs are part and parcel of the recent national anthem law, while the law would be interpreted based on political beliefs, but that is not how our Court handles the law. If the Hong Kong Court's interpretation is not in line with the Central People's Government's wish, can the NPC give another interpretation? And if this interpretation is legally binding on the Hong Kong Court, will the Hong Kong Court become a rubber stamp?”
Then, at trial, which one (interpretation) does the protection received by the defendant follow? Chan said, “In the Hong Kong system, the prosecution has to have no reasonable doubt for the accused to be convicted, and the accused has the right to presume innocence. In contrast, almost all Chinese laws involving national security crimes are tried behind closed doors and it is almost impossible to know what the evidence is, how can Hong Kong operate under such a system?”
Article 23 of the Basic Law states that the (HK)SAR shall establish its own legislations on acts such as secession. Elsie Leung Oi-sie, Deputy Director of the Basic Law Committee, pointed out that the enactment of the National Security Law does not mean that there is no need to enact Article 23, while Chan considered the NPC's action this time as violating the spirit of Article 23, “This is causing the greatest impact on Hong Kong since the reunification, completely and utterly destroying our Common Law system. All along, what has been the difference that defined ‘One Country, Two Systems’? It is the difference in the legal systems. A rift has opened up and the Chinese system has been incorporated into Hong Kong, while there will be no more ‘One Country, Two Systems’, as the Hong Kong system no longer exists.”
Source: Cable News
#May22 #1C2S #Article23 #NPC #RuleofLaw #JohannesChan
Further Reading
China's national security officials to "perform their duties” in Hong Kong
https://t.me/guardiansofhongkong/21108
Chris Patten: "Chinese Communism is not to be trusted on anything"
https://t.me/guardiansofhongkong/21050
PRC Representative in Hong Kong : Time to implement “One Country, One System”
https://t.me/guardiansofhongkong/21052
#Analysis #SimonShen
The National security law: the “Second handover” in the eyes of China, and the twenty steps
Image
Many were surprised to see Beijing directly inserting a national law ‘The National Security Law’ into the appendix of the Basic Law, given there were already many signs before head. I have written articles warning that such could happen, but was ignored among the many many articles and public opinions. And we must stay calm, think so to strike back afterwards. Beijing didn’t make these move impulsively, but accomplishes them with detailed plans. So they don’t treat it as normal clash, but alleviate it to the level of ‘HK’s Second handover’. A real HKer, must therefore learn these moves, to understand ourselves and our enemy.
1. Beijing believes the pandemic has brought along a good timing to forcefully intrude into HK’s affair. and this is based on the assumption that the West has been affected by the pandemic more severely than herself, and requires more time for economy recovery. So the West will not truly want to decouple with China, and will greatly need Chinese capital and market. Be it on “Wolf diplomacy” (extremely aggressive diplomacy), full and all rounded deployment of soft power, or HK’s national security law, are illustrations of pragmatism and brinksmanship. Just like the reclamation and making of island on the South sea. No matter how the world condemned the act, the world didn’t take action, so the island was made there.
2. Beijing as the biggest winner of the last 20 years of globalisation, also becomes one of those on the same boat. Although she understands anti China is becoming a trend, the existing elites and their friends around the world will still be in power for 10 years or so. This group is easily drawn in, for they care about their personal interests. So even policies like ‘Sinophile making great money’ will emerge. Before the new and ideology-guided generations taking the office, this gap is the final opportunity for China to implement her strategy.
3. Beijing believes all the commerce associations only care about profit, and are only worried about themselves, who have connections with ‘foreign associations’, being extorted under the national security law. So Beijing only needs to win them over by procurement contracts and deals, the businessmen will deploy their influence to lobby within their countries. Examples include the businessmen who betrayed and sold HK away in the 90s.
4. Internationally, UK has the most right to express her opinion, but since Beijing is in the impression that the UK, having less influence than before, will not take action in fight between China and US, or take side to provide mandate to other countries, such as taking legal action against Chinese’s unilateral violation on the joint declaration. China has moved its enterprises away from US, and even suggested enterprises to go public in the UK, so to tackle each nation. Trump is hostile against his allies, and advocates unilateralism. So Beijing guessed that the West would not let US do everything as she wishes.
5. US’s response can be diverse. In addition, the election in Nov is coming soon, many class of politicians will play the anti China card, but as they only targets on votes, they might do something totally opposite. CCP, based on their understanding on humanity, thinks that US at most will sanction a few second class officials (such as Xinjiang CCP secretary Chen Qhuanguo) and CCP could just comfort the related parties with their power. But when it comes to rejecting HK’s status as separate custom territory, and more so financial wars, CCP believes the politicians will not act at the expense of their own.
Full translation:
https://telegra.ph/The-National-security-law-the-Second-handover-in-the-eyes-of-China-and-the-twenty-steps-05-26
Source: Simon Shen’s Facebook
#US #UK #NationalSecurityLaw #Pandemic #Globalization #DSE #Election #Sanction #CCP #YellowEconomy #FreedomOfPress #OneCountryTwoSystem #WhiteTerror #ChinesePropaganda #HongKongProtest #Article23
The National security law: the “Second handover” in the eyes of China, and the twenty steps
Image
Many were surprised to see Beijing directly inserting a national law ‘The National Security Law’ into the appendix of the Basic Law, given there were already many signs before head. I have written articles warning that such could happen, but was ignored among the many many articles and public opinions. And we must stay calm, think so to strike back afterwards. Beijing didn’t make these move impulsively, but accomplishes them with detailed plans. So they don’t treat it as normal clash, but alleviate it to the level of ‘HK’s Second handover’. A real HKer, must therefore learn these moves, to understand ourselves and our enemy.
1. Beijing believes the pandemic has brought along a good timing to forcefully intrude into HK’s affair. and this is based on the assumption that the West has been affected by the pandemic more severely than herself, and requires more time for economy recovery. So the West will not truly want to decouple with China, and will greatly need Chinese capital and market. Be it on “Wolf diplomacy” (extremely aggressive diplomacy), full and all rounded deployment of soft power, or HK’s national security law, are illustrations of pragmatism and brinksmanship. Just like the reclamation and making of island on the South sea. No matter how the world condemned the act, the world didn’t take action, so the island was made there.
2. Beijing as the biggest winner of the last 20 years of globalisation, also becomes one of those on the same boat. Although she understands anti China is becoming a trend, the existing elites and their friends around the world will still be in power for 10 years or so. This group is easily drawn in, for they care about their personal interests. So even policies like ‘Sinophile making great money’ will emerge. Before the new and ideology-guided generations taking the office, this gap is the final opportunity for China to implement her strategy.
3. Beijing believes all the commerce associations only care about profit, and are only worried about themselves, who have connections with ‘foreign associations’, being extorted under the national security law. So Beijing only needs to win them over by procurement contracts and deals, the businessmen will deploy their influence to lobby within their countries. Examples include the businessmen who betrayed and sold HK away in the 90s.
4. Internationally, UK has the most right to express her opinion, but since Beijing is in the impression that the UK, having less influence than before, will not take action in fight between China and US, or take side to provide mandate to other countries, such as taking legal action against Chinese’s unilateral violation on the joint declaration. China has moved its enterprises away from US, and even suggested enterprises to go public in the UK, so to tackle each nation. Trump is hostile against his allies, and advocates unilateralism. So Beijing guessed that the West would not let US do everything as she wishes.
5. US’s response can be diverse. In addition, the election in Nov is coming soon, many class of politicians will play the anti China card, but as they only targets on votes, they might do something totally opposite. CCP, based on their understanding on humanity, thinks that US at most will sanction a few second class officials (such as Xinjiang CCP secretary Chen Qhuanguo) and CCP could just comfort the related parties with their power. But when it comes to rejecting HK’s status as separate custom territory, and more so financial wars, CCP believes the politicians will not act at the expense of their own.
Full translation:
https://telegra.ph/The-National-security-law-the-Second-handover-in-the-eyes-of-China-and-the-twenty-steps-05-26
Source: Simon Shen’s Facebook
#US #UK #NationalSecurityLaw #Pandemic #Globalization #DSE #Election #Sanction #CCP #YellowEconomy #FreedomOfPress #OneCountryTwoSystem #WhiteTerror #ChinesePropaganda #HongKongProtest #Article23
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📡Guardians of Hong Kong
#Analysis #SimonShen
The National security law: the “Second handover” in the eyes of China, and the twenty steps
(20 May) I don’t agree with Beijing’s strategy. With that being said, we have to understand her logic and calculation, to find out the solutions.…
The National security law: the “Second handover” in the eyes of China, and the twenty steps
(20 May) I don’t agree with Beijing’s strategy. With that being said, we have to understand her logic and calculation, to find out the solutions.…
#CCPControl #Infiltration #UnitedFront
China-born, Pro-Beijing financiers launch new Bauhinia Party in Hong Kong in a bid to "reform" the Opposition-less Legislature
After the disqualification and the mass resignation of the democrats in Hong Kong, the pro-Beijing Camp is expected to further monopolize the Legislative Council's chairs.
Li Shan, a China-born member of the National Committee of the Chinese People's Political Consultative Conference and the director of the Credit Suisse Group, together with the chairman of China Broadcasting Holdings, Huang Qiuzhi, and the others, launched a new political party "Bauhinia Party" in Hong Kong in May 2020.
The party plans to recruit 250,000 party members with the goal of supporting "one country, two systems" and "a high degree of autonomy", and improving the relationship between Beijing and the SAR government.
The founder Li Shan showed strong support to the implementation of the National Security Law in Hong Kong, and even demanded another transitional system to prosecute and review cases involving breaches of #NationalSecurityLaw, and to complete the legislation of #Article23 of the Basic Law in the future.
He claimed that the newly established political party is a "determined defender" of the principle of "one country, two systems".
Source: Stand News #Dec7
#BauhiniaParty #LiShan
China-born, Pro-Beijing financiers launch new Bauhinia Party in Hong Kong in a bid to "reform" the Opposition-less Legislature
After the disqualification and the mass resignation of the democrats in Hong Kong, the pro-Beijing Camp is expected to further monopolize the Legislative Council's chairs.
Li Shan, a China-born member of the National Committee of the Chinese People's Political Consultative Conference and the director of the Credit Suisse Group, together with the chairman of China Broadcasting Holdings, Huang Qiuzhi, and the others, launched a new political party "Bauhinia Party" in Hong Kong in May 2020.
The party plans to recruit 250,000 party members with the goal of supporting "one country, two systems" and "a high degree of autonomy", and improving the relationship between Beijing and the SAR government.
The founder Li Shan showed strong support to the implementation of the National Security Law in Hong Kong, and even demanded another transitional system to prosecute and review cases involving breaches of #NationalSecurityLaw, and to complete the legislation of #Article23 of the Basic Law in the future.
He claimed that the newly established political party is a "determined defender" of the principle of "one country, two systems".
Source: Stand News #Dec7
#BauhiniaParty #LiShan
#Court #RuleByLaw #Regime #Justice
Department of Justice Cites Unenacted #Article23 in Hong Kong Court
Source: Apple Daily #Feb2
Read more
⬇️⬇️⬇️
Department of Justice Cites Unenacted #Article23 in Hong Kong Court
Source: Apple Daily #Feb2
Read more
⬇️⬇️⬇️
#Court #RuleByLaw #Regime #Justice
Department of Justice Cites Unenacted #Article23 in Hong Kong Court
Founder of Apple Daily and Next Magazine, #JimmyLai Chee-ying, has been remanded in custody in Hong Kong since the end of 2020 on suspicion of "colluding with foreign forces and fraud".
On February 1, 2020 the Court of Final Appeal in Hong Kong heard an appeal against the decision to release him on a HK$10 million cash bail, pending trial over national security charges.
The appeal was heard before five hand-picked National Security judges, including the new Chief Justice #AndrewCheung Kui-nung, permanent justices Roberto Ribeiro and Joseph Fok, and non-permanent local judges Patrick Chan Siu-oi and Frank Stock.
Representative of the Department of Justice (#DoJ), Deputy Director of Public Prosecutions Anthony Chau Tin-hang attempted to put meaning to “acts that endanger national security”. Chau stated that such acts are not limited to offences under the National Security Act, but also include local offences and any actions that would endanger national security.
Non-Permanent Judge Chan asked Chau to give examples of “acts endangering national security” which are not criminalised.
Chau quoted some behaviors covered in Basic Law #Article23, referring to the prohibition of political activities by foreign political organizations in Hong Kong, or the establishment of links between local and foreign political organizations. Article 23, however, has yet to be enacted.
Non-permanent local judge Patrick Chan Siu-oi questioned, “That is to say these are not a crime.” Chau agreed. Chan immediately responded, “Then why should we be bothered?”
Permanent judge Roberto Ribeiro pointed out that the purpose of the #NationalSecurityLaw is to prevent crimes against national security, and no one questions the importance of national security. He carried on saying that it would be “odd” for judges to be concerned with acts that are not yet criminalised.
Ribeiro elaborated that "I can't think of any behavior that endangers national security but won't be contravening the law and the arrest.” He asked the DoJ representative to supplement with examples.
In response, Anthony Chau cited actus reus as a possible offence letting alone the criminal intent and thus they do not constitute an act of complete crime. Ribeiro asked the government's prosecutor to explain how bail judges could reach a decision.
Chief judge Andrew Cheung Kui-nung also casted doubt in the prosecution's logic. He said, “a citizen can commit an act that violats the National Security Law, but the person may not get arrested. However, a national security suspect, committing the same act, would be detained in custody?”
Cheung remarked, “isn’t it odd?” The DOJ representative responded that this is up to the Judge to decide. He clarified that he is referring to "an act" in relation to the suspected charges of the National Security suspect, not "any act".
The prosecutor also mentioned that the National Security Law will not supersede the "presumption of innocence" and it is also in accordance with the Human Rights Act.
When speaking on the Rights of Freedom, the prosecutor insisted that the defence shall not rely on cases of the European Court on Human Rights, reiterating that The European Convention on Human Rights cannot be applied directly to Hong Kong.
Source: Apple Daily, #Feb2
https://hk.appledaily.com/local/20210201/6KXCOOIP6VAOZK4SRCNQV5C72E/
Department of Justice Cites Unenacted #Article23 in Hong Kong Court
Founder of Apple Daily and Next Magazine, #JimmyLai Chee-ying, has been remanded in custody in Hong Kong since the end of 2020 on suspicion of "colluding with foreign forces and fraud".
On February 1, 2020 the Court of Final Appeal in Hong Kong heard an appeal against the decision to release him on a HK$10 million cash bail, pending trial over national security charges.
The appeal was heard before five hand-picked National Security judges, including the new Chief Justice #AndrewCheung Kui-nung, permanent justices Roberto Ribeiro and Joseph Fok, and non-permanent local judges Patrick Chan Siu-oi and Frank Stock.
Representative of the Department of Justice (#DoJ), Deputy Director of Public Prosecutions Anthony Chau Tin-hang attempted to put meaning to “acts that endanger national security”. Chau stated that such acts are not limited to offences under the National Security Act, but also include local offences and any actions that would endanger national security.
Non-Permanent Judge Chan asked Chau to give examples of “acts endangering national security” which are not criminalised.
Chau quoted some behaviors covered in Basic Law #Article23, referring to the prohibition of political activities by foreign political organizations in Hong Kong, or the establishment of links between local and foreign political organizations. Article 23, however, has yet to be enacted.
Non-permanent local judge Patrick Chan Siu-oi questioned, “That is to say these are not a crime.” Chau agreed. Chan immediately responded, “Then why should we be bothered?”
Permanent judge Roberto Ribeiro pointed out that the purpose of the #NationalSecurityLaw is to prevent crimes against national security, and no one questions the importance of national security. He carried on saying that it would be “odd” for judges to be concerned with acts that are not yet criminalised.
Ribeiro elaborated that "I can't think of any behavior that endangers national security but won't be contravening the law and the arrest.” He asked the DoJ representative to supplement with examples.
In response, Anthony Chau cited actus reus as a possible offence letting alone the criminal intent and thus they do not constitute an act of complete crime. Ribeiro asked the government's prosecutor to explain how bail judges could reach a decision.
Chief judge Andrew Cheung Kui-nung also casted doubt in the prosecution's logic. He said, “a citizen can commit an act that violats the National Security Law, but the person may not get arrested. However, a national security suspect, committing the same act, would be detained in custody?”
Cheung remarked, “isn’t it odd?” The DOJ representative responded that this is up to the Judge to decide. He clarified that he is referring to "an act" in relation to the suspected charges of the National Security suspect, not "any act".
The prosecutor also mentioned that the National Security Law will not supersede the "presumption of innocence" and it is also in accordance with the Human Rights Act.
When speaking on the Rights of Freedom, the prosecutor insisted that the defence shall not rely on cases of the European Court on Human Rights, reiterating that The European Convention on Human Rights cannot be applied directly to Hong Kong.
Source: Apple Daily, #Feb2
https://hk.appledaily.com/local/20210201/6KXCOOIP6VAOZK4SRCNQV5C72E/
#GreatFireWall #WhiteTerror
HK Security Secretary Connects Sympathy to Participation; LIHKG to be probed
In a meeting in Hong Kong's Legislative Council that is dominated by pro-Beijing lawmakers on July 6, 2021, Secretary for Security #ChrisTang referred the 2019 pro-democracy movement to "color revolution" that aimed at subverting the regime. The former police commissioner also urged citizens to condemn and report.
Tang said, "We will make not only the terrorists, but also the supporters and those who attempt to tone it down, live like rats."
On July 1, 2021, a 50-year-old Hong Kong man called #LeungKinFai died after knifing a police officer and stabbing himself reportedly on the chest. In following days, many Hongkongers mourned the man and brought flowers to the site.
The authorities claimed that mourning as well as posting comments about the man's death could breach the #NationalSecurityLaw.
Law professor #JohannesChan at the University of Hong Kong (#HKU) disagreed and pointed out that mourning the deceased out of sympathy is not a criminal act. Chan criticized that the "red line" drawn by the government is "way too unreasonable".
Secretary for Security Chris Tang, however, insisted that sympathy is a form of support and support is a form of participation.
Tang said, "depending on individual cases, we will see whether we have evidence to make arrests and take our prosecutions."
With reference to Prof Chan, Tang said, "I hope this legal scholar can sleep at night. because you might have painted Hong Kong in blood."
In addition, Tang said that the next target is the Internet Forum #LIHKG because it is "filled with illegal information". Tang claimed that authorities will make arrests and force the websites and the users to remove their messages.
Source: Stand News; RTHK #Jul6
https://thestandnews.page.link/WGcVhQPd8JEWUhrK6
#StateTerrorism #Article23 #Censorship #HongKongProtests #Mourning #Death #Martyr
HK Security Secretary Connects Sympathy to Participation; LIHKG to be probed
In a meeting in Hong Kong's Legislative Council that is dominated by pro-Beijing lawmakers on July 6, 2021, Secretary for Security #ChrisTang referred the 2019 pro-democracy movement to "color revolution" that aimed at subverting the regime. The former police commissioner also urged citizens to condemn and report.
Tang said, "We will make not only the terrorists, but also the supporters and those who attempt to tone it down, live like rats."
On July 1, 2021, a 50-year-old Hong Kong man called #LeungKinFai died after knifing a police officer and stabbing himself reportedly on the chest. In following days, many Hongkongers mourned the man and brought flowers to the site.
The authorities claimed that mourning as well as posting comments about the man's death could breach the #NationalSecurityLaw.
Law professor #JohannesChan at the University of Hong Kong (#HKU) disagreed and pointed out that mourning the deceased out of sympathy is not a criminal act. Chan criticized that the "red line" drawn by the government is "way too unreasonable".
Secretary for Security Chris Tang, however, insisted that sympathy is a form of support and support is a form of participation.
Tang said, "depending on individual cases, we will see whether we have evidence to make arrests and take our prosecutions."
With reference to Prof Chan, Tang said, "I hope this legal scholar can sleep at night. because you might have painted Hong Kong in blood."
In addition, Tang said that the next target is the Internet Forum #LIHKG because it is "filled with illegal information". Tang claimed that authorities will make arrests and force the websites and the users to remove their messages.
Source: Stand News; RTHK #Jul6
https://thestandnews.page.link/WGcVhQPd8JEWUhrK6
#StateTerrorism #Article23 #Censorship #HongKongProtests #Mourning #Death #Martyr
立場新聞 Stand News
鄧炳強批不能同情「恐怖分子」 鼓勵市民譴責和舉報 不點名批陳文敏：希望夜晚能夠瞓得着覺 | 立場報道 | 立場新聞
保安局局長鄧炳強今（6 日）出席立法會保安事務委員會會議，就加強防範和應對恐怖主義活動回應議員質詢。他在會上多...
#Article23 #Suppression
Hong Kong government pushes for local national security legislation
In Hong Kong, the Secretary for Security Chris Tang said in February 2022 that the government planned to begin consultation efforts on Article 23 in May.
In April, Chief Executive-elect John Lee Ka-chiu told reporters that legislating Hong Kong’s own security law would be “one of the priorities” of his administration.
When being asked in a legislative council meeting, the authorities refused to disclose related head counts and expenses claiming national security as the reason.
Article 23 of the city’s Basic Law – which is different from the Beijing-imposed national security law – stipulates that the Hong Kong government shall enact its own laws to prohibit acts of treason, secession, sedition or subversion against the central government.
Source: Inmediahk; #April
https://bit.ly/3Jvhwpz
Hong Kong government pushes for local national security legislation
In Hong Kong, the Secretary for Security Chris Tang said in February 2022 that the government planned to begin consultation efforts on Article 23 in May.
In April, Chief Executive-elect John Lee Ka-chiu told reporters that legislating Hong Kong’s own security law would be “one of the priorities” of his administration.
When being asked in a legislative council meeting, the authorities refused to disclose related head counts and expenses claiming national security as the reason.
Article 23 of the city’s Basic Law – which is different from the Beijing-imposed national security law – stipulates that the Hong Kong government shall enact its own laws to prohibit acts of treason, secession, sedition or subversion against the central government.
Source: Inmediahk; #April
https://bit.ly/3Jvhwpz