📡Guardians of Hong Kong
9.6K subscribers
21.6K photos
1.88K videos
27 files
9.99K links
We provide translation of news in English from local media and other sources, for academic use.
Facebook: http://bit.ly/BeWaterHongKong
Instagram: @guardiansofhk
Website: https://guardiansofhk.com/
Download Telegram
#1C1S #BasicLaw #Education
HK's Education Bureau disparages “Basic Law”, Claiming Constitution of PRC Applies in Hong Kong

In June, the Education Bureau launched a series of posters as teaching resources for “Constitution” and “Basic Law”. In one of the posters, it stated that the Constitution of the People’s Republic of China applies in Hong Kong; it also stated that Basic Law is not nationwide, so it cannot override Constitution of PRC.

A barrister in Hong Kong suspected the information to be a disparagement of Basic Law, claiming that Constitution of PRC and Basic Law should have the same judicial status in Hong Kong on a legal basis. Only Article 31 of Constitution of PRC is related to the establishment of HKSAR, whereas others are not applicable to Hong Kong.

Moreover, Apple Daily found on the internet that most of the information on that poster copied from a scholar in China supporting Constitution of the People Republic of China.

Source: Apple Daily #Aug13
#FailedState #Injustice #Court
HK Secretary of Justice Revokes Private Case Against Policeman who Shot Student with Live Round

Hong Kong Secretary of Justice Teresa Cheng intervened on Aug 17, 2020 to revoke a private prosecution on the police officer who shot a 21-year-old student with live rounds in Sai Wan Ho, on Nov 11, 2019.

The private prosecution was filed by Legislative councillor Ted Hui in January 2020, charging the officer with shooting with intent imparting grievous bodily harm on a civilian. The case had already been approven by a district judge.

In a statement released on 18 Aug 2020, Hui said he was furious at the Cheng's decision, and is considering to apply for judicial review.

The police officer was scheduled to appear in court on 31 Aug 2020, but the Secretary of Justice applied to have the revocation processed before 28 Aug. Hui blasted Cheng's decision as a barbaric interference with the judicial process, and questioned if her intentions were to endorse police violence and defend the force, regardless of their actions.

Hui further remarked that this decision severely impedes the citizen's right under Common Law to file private prosecutions, and shows the world that the Hong Kong government has "replaced the Rule of Law with the Rule of Man".

The police officer had also applied for judicial review last week demanding the case be dismissed, and further alleging that the process of private prosecution violates the Basic Law.

Source: Apple Daily #Aug18
#RuleofLaw #RulebyLaw #Rule ofMan #BasicLaw #1C1S #SaiWanHo #LiveRound #TedHui #TeresaCheng #PrivateProsecution

Watch Video no.1: Traffic Police Shot Defenseless Student with Live Round in Sai Wan Ho at 07:30 on #11Nov2019
https://t.me/guardiansofhongkong/10291

Watch Video no.2: Police Brutally Arrest by Moving Students Wounded by Live Rounds in Sai Wan Ho on #11Nov2019
https://t.me/guardiansofhongkong/10307

#NeverForget #NeverForgive
#Economics #BasicLaw #WTO HK Secretary for Commerse makes a misguided comment, as history suggests otherwise

A Brief History of GATT and WTO:

Hong Kong acquired the membership of the General Agreement of Tariffs and Trade (#GATT) as a separate customs territory in 1986.

On 1 January 1995, the World Trade Organization (WTO) replaced the GATT, which had been in existence since 1947.

The governments that have had signed GATT were officially known as “GATT contracting parties”. Upon signing the new WTO agreements, they, including Hong Kong, officially became known as “WTO members”.

The Basic Law of Hong Kong Special Administration Region (HKSAR) was enacted in 1997. Article 116 of the Basic Law provides that HKSAR shall be a separate customs territory.

China became a WTO member on 11 December 2001.

Secretary for Commerce and Economic Development Edward Yau Tang-wah, however, claimed that China, which became a member of WTO only in 2001, had permitted Hong Kong to be a member of WTO in 1995 based on Basic Law, which took effect in 1997.

Source: Simon Lim Facebook #Aug16 #FakeNews
#HongkongProtests
Hongkongers Cite Freedoms Entitled by Basic Law on PRC's National Day

1622 | Causeway Bay
A civilian holding a banner that reads "Under Article 27 of the Basic Law, Hong Kong residents have the freedom to participate in marches and rallies."

Source: RTHK #Oct1

#BasicLaw #Article27
#BasicLaw #PoliticalOppression
Civil servants who violate statement of declaration supporting Basic Law or sworn oath of allegiance to HK government may lose jobs, Civil Service chief warns

Source: Stand News #Oct10

Read more
⬇️⬇️⬇️
#BasicLaw #PoliticalOppression
Civil servants who violate statement of declaration supporting Basic Law or sworn oath of allegiance to HK government may lose jobs, Civil Service chief warns

The government will begin sending out notices on October 12, 2020 to new employees who have joined since July 1, 2020 and ask them to sign the statement, indicating their support for the Basic Law and the HK government, Secretary for the Civil Service Patrick Nip said. Those next in line will be staff who are on probation, while arrangements for other staff will be finalized later.

Senior civil servants such as department heads and permanent secretaries will be asked to take an oath.

In the event of a civil servant violating the statement, actions will be taken and they will be dealt with according to the government’s disciplinary system, and in more severe cases, be dismissed from their job, Nip warned.

Nip stressed that civil servants should “wholeheartedly” promote and endorse the government policies the minute the government makes a certain decision. Any personal or political opinions should not affect their work and civil servants should not publicly express their dissatisfaction with the government.

He likened the relationship between civil servants and the government to that of any normal worker and their boss. It is hard to imagine any employee who would openly criticize and confront their boss, he said, adding that no company or institution would accept such behaviour.

Source: Stand News; Apple Daily #Oct10

#CivilServant #PatrickNip #PoliticalAllegiance #Neutrality #Professionalism #FailedState #FreeSpeech
#HongKongProtests #BasicLaw
Hongkonger Shows a Copy of the Basic Law to the Police

Near the altar set up for Alex Chow in Tseung Kwang O, a citizen showed a copy of the Basic Law, in defense of the rights and freedom entitled to Hongkongers.

Today is the one-year mark after the passing of Chow on November 8, 2019. Chow fell from the third floor of a carpark in Tseung Kwang O, for reasons unknown, during police operation.

Source: Eggs Club #Nov8

#PoliceState #AlexChow #Remembrance
#FailedState #PoliticalAllegiance
Hong Kong Government Requires Civil Servants to Promise Political Allegiance

The Hong Kong SAR Government's Civil Service Bureau issued a notice to all different policy bureaus and departments on 15 Jan, 2021, requesting all civil servants hired before 1 July 2020 to sign a declaration.

Civil servants need to promise advocating the “Basic Law’ and Hong Kong Special Administrative Region (HKSAR) in four weeks. The authority stated clearly that if any civil servant rejected and ignored the declaration, they would be challenged and questioned their willingness to take basic responsibilities. The government will review case by case and decide if specific employment contract will be terminated.

Source: Stand News #Jan15
#Oath #BasicLaw #CivilServants
#FailedState #PoliticalAllegiance
Hong Kong Government's Demand of Allegiance pledge Sparks Wave of
#Resignation Among #CivilServants

The Hong Kong SAR government has implemented new rules, demanding the supposedly politically neutral civil servants to pledge allegiance to the Basic Law and the Government.

As the deadline of the pledge, set at the end of February, is approaching, a wave of resignation was triggered among the civil servants.

Sources revealed that at least 20 doctors and dentists resigned from the Department of Health (#DoH) in the past three months. Among them, no less than four cited privately that they hesitated to sign the pledge.

“It is straightforward. One can either sign the pledge or resign. By signing the pledge, there would be too many constraints to comply. I prefer not to,” one anonymous civil servant said.

Among those resigned were nurses, scientific officers and dental clinic staff.

Amidst the wave of resignation, Lee Wai-yan, President of the Association of Government Physicians expressed helplessness and was concerned about the shortage of staff in the fight against COVID19.

Responding to media inquiry, the Department of Health acknowledged that more than 80 staff members resigned in past three months. In the same period last year, only 58 resigned.

Source: Apple Daily; #Feb11
https://hk.appledaily.com/local/20210211/NLXLA6BXFBEWNHMYGZAJ4ATAVU/

#Pledge #BasicLaw #BrainDrain
#PoliceState #HumanitarianCrisis
Hong Kong Bar Association: Immigration amendment bill may affect HKers' Freedom of Movement

The Hong Kong Legislative Council (#LegCo) has been deliberating a proposed amendment bill to the #ImmigrationOrdinance, which would empower the Head of the Immigration Bureau to forbid passengers or crew members from boarding a plane.

The Hong Kong Bar Association (#HKBA) issued a statement on February 16, 2021, pointing out that the proposed amendment might hinder citizens’ rights to leave Hong Kong and contravene the #BasicLaw or the Hong Kong Bill of Rights Ordinance.

The Bar Association pointed out that there was a Court of Final Appeal case which stated that discretion could not be exercised lightly if the legislation involved restrictions on basic human rights.

The Association reiterated that the government should make it clear in the amendment bill so that the Ordinance would not be interpreted too loosely.

Given the general nature of the primary legislation, if the government wanted to reflect the legislative intent, it should clearly stipulate that the Head of the Immigration Bureau could only exercise limited powers in relation to incoming flights.

Source: Stand News, #Feb16

The Statement Issued by Hong Kong Bar Association:
https://www.hkba.org/sites/default/files/20210216%20-%20%20Statement%20on%20SB%27s%20clarifications%20on%20Immigration%20%28Amendment%29%20Bill%20%28Chi%29.pdf

#ImmigrationBureau #Power #HumanRights #FreedomofMovement #AmendmentBill
#HumanitarianCrisis #OathofOffice
230 Directly Elected #DistrictCouncillors to be Disqualified by HK Gov't

According to Cable News and Now News in Hong Kong on July 7, 2021, about 230 directly elected district councillors would face "#disqualification" by authorities, for not having taken an oath of #allegiance to uphold the #BasicLaw.

The government will reportedly demand the district councillors to return their entire salary received during the term they have served. The estimated amount per person is HKD1million.

Since one day ago, a resignation wave took place across different districts. These include Chan Shu-ying (Tuen Mun), Cheung Kwan-kiu (Kwai Ching), Lee Wing-shing (Shatin), Lo Chun-yu (Tuen Mun), Lee Chun-hei (Shum Shui Po), Yau Man-chun (Shatin) and Chan Siu-yeung (Shatin).

Source: Stand News #Jul7

https://www.thestandnews.com/politics/%E5%8D%80%E8%AD%B0%E5%93%A1%E5%AE%A3%E8%AA%93%E5%85%A8%E6%B8%AF%E5%A4%9A%E5%8D%80%E5%8D%80%E8%AD%B0%E5%93%A1%E7%B4%9B%E5%AE%A3%E5%B8%83%E8%BE%AD%E8%81%B7
Australian Foreign Minister: Stand with those who care about freedom of the press 
 
The 26-year-old Hong Kong “Apple Daily” was forced to cease operations on 24 June,2021 due to the freezing of many senior executives and assets. This has drawn many foreign countries’ attention.

Australian Foreign Minister Marise Payne indicated through the post, “Sith the closure of the Apple Daily, Australia stands with those raising legitimate concerns about the future of press freedoms in Hong Kong. She especially mentioned those attentions are legitimate.  
 
Australian Department of Foreign Affairs and Trade (DFAT) has posted on Twitter and demonstrated the concern at the arrest of journalists from Apple Daily. The impact will have on freedom of expression in Hong Kong, as provided in the Basic Law underpinned by the Sino-British Joint Declaration.

Since the closure of Apple Daily, Australian Foreign Minister Marise Payne retweeted the post of DFAT, and posted to indicate, Australia will stand with the people who care about freedom of press.  
 
Source: Stand News #Jun25 
 
 https://bit.ly/3zpeuyD

#AppleDaily #FreedomOfPress #FreedomOfSpeech #Australia #HongKong #China #CCP #Democracy #BasicLaw #JointDeclaration #DFAT #Twitter #StandWithHongKong  
#WhiteTerror
#PublicLibrary Chief in Hong Kong is Subject to Discipline after Displaying #JimmyLai's Books

Under the National Security Law, civil servants and non-civil servants in Hong Kong are required to sign a "declaration" upholding the Basic Law, "devoting" themselves to the HKSAR, being "loyal" to their work and being accountable to the HKSAR government.

As of September 2021, around 180,000 civil servants have signed the declaration, only 129 have not responded or refuse to sign. Among them, 105 are in long-term employment terms, and the rest are in trial-term employment terms. 113 out of them are in civilian grade, and the rest are in discipline service grade.

Patrick Nip Tak-Kuen, Secretary for Civil Service in the Hong Kong SAR Government attended a Legislative Council (#LegCo) meeting on September 20, 2021.

When answering a question about the penalty for civil servants violating the declaration, Nip revealed that the government had already started the discipline procedure towards a public library chief.

The related librarian is the Director of #ShekTongTsui Public Library. He was suspended from his duty, after placing a number of books authored by Jimmy Lai, the founder of #NextMedia and #AppleDaily, in the "Librarian's Choice for Borrowing". Apple Daily was a pro-democracy Chinese-language newspaper in Hong Kong, which had to shut down due to the government's pressure in June 2021.

Source: InMedia #Sep20
https://bit.ly/3zzVRYB

#NipTakKuen #NationalSecurityLaw #CivilServant #BasicLaw #Declaration #Censorship #Books #Librarian
#Court
Ex-Civil Servant in Hong Kong seeks
#JudicialReview over government's allegiance pledge

In Hong Kong, former assistant taxation officer Wong Chau-ming - who had been working in the Inland Revenue Department since 1996 - filed a writ with the high court on November 29, 2021. Wong was forced to retire after he challenged the Hong Kong government's necessity for civil servants to take a loyalty pledge.

It is the first judicial review application filed by a #CivilServant concerning the pledge since the Hong Kong SAR Government announced the mandatory requirement for civil servants to pledge support for the #BasicLaw and allegiance to the SAR Government.

Although Wong submitted a signed declaration on August 12, 2021, he was informed by the commissioner of inland revenue that his pre-retirement leave would take place from August 31 to October 24 and that his retirement would take effect on October 25, 2021.

Wong stated the retirement order was irrational as he had signed the declaration and there is no good reason for the authority not to accept it. He added the order was "tainted with procedural impropriety" because he was not given a reason for being directed to retire.

Source: Citizen News; #Nov30
https://bit.ly/3rjNnUG

#FailedState #Regime #Pledge #Loyalty #Retirement #PoliceState
#Brainwashing #Education
Universities in Hong Kong to Implement Courses on Modern China and National Security


Under the #NationalSecurityLaw (#NSL), educationsl institutions in Hong Kong were requested to implement national security education.

Universities like the Hong Kong Polytechnic University (#PolyU), the Hong Kong Baptist University (#HKBU), the Hong Kong Education University (#EdUHK) and the Hong Kong Lingnan University (#HKLU) have followed the government order.

Recently, the Chinese University of Hong Kong (#CUHK) has reportedly amended their core curriculum for the next academic year.

CUHK will open online courses on "Understanding China Today", and "National Security" starting from the next academic year. Each of them takes account to 1 credit.

CUHK confirms InMedia's enquiry and claimed that the new courses aimed to "strengthen students' knowledge [...] to understand national security". The courses were authorised by the University's academic council; however, no curriculum details have been revealed.

According to the documents InMedia received, the course titled "Understanding China Today" touched upon the modernization of China and technological development, in addition to Chinese culture and history. In addition to national security education, other online courses cover positive psychology and modern language. Each of the course takes account to 1 credit.

The University called it "Service Learning" and requires students to take at least one of thrse 1-credit courses.

CUHK replies to InMedia that the university would launcb national security education in accordance with Article 10 of the NSL. The university also said that they have already rolled out a number of policies and activities to "increase students' national belonging". Orientation activities include theme talks about national security and media literacy; courses contain a talk regarding "international circumstances and China's diplomacy"; graduates career workshops consist of #BasicLaw.

Source: Inmedia #Jan18
https://bit.ly/3nwAVhB

#Propaganda #Regime #University
#PressFreedom
Hong Kong Police Commissioner: Media cannot claim themselves as not having intention to incite with a disclaimer

Seven #StandNews staff were arrested last year due to conspiracies of publishing seditious material. Stand News had ceased operation on the same day, followed in the following month by a few web-based media.

#Mingpao, a Chinese-language newspaper in Hong Kong, included in its editorial a disclaimer that the newspaper has no intention to incite hatred.

More details on Mingpao's disclaimer
https://t.me/BeWaterHK/16

Raymond Siu Chak-yee, the commissioner of Hong Kong Police, described the disclaimer as meaningless, that it is just for self-hypnosis and narcissism, since claiming in a statement that they did not do said act does not mean they had not done so.

He said in a TV interview that the #BasicLaw protects #PressFreedom, from the past to now, and to the future. He emphasised that their decisions to suspend their operations were their own choices. "No one can say freedom if they go against the law, whether or not their actions has disturbed others."

#NationalSecurityLaw #NSL #PoliceState #Censorship #WhiteTerror #Oppression

Source: Inmedia #Jan29

https://bit.ly/3HSSoJB
The US Government advises their citizen "DO NOT TRAVEL" to Hong Kong due to a high risk of arbitrarily enforcing local laws.

#NSL #BasicLaw #China #US #GoHKgraphics
US Terminates HKETO to Get Rid of China's Propaganda in the US

With the implementation of #NationalSecueityLaw (#NSL) in 2020, the US has announced that they no longer recognise Hong Kong's autonomy; One-Country-Two-Systems is also dead.

On 15 Dec, Republican Senator Marco Rubio and Representative Chris Smith requested the US to re-assess the privilege and status of the Hong Kong Economic and Trade Office (#HKETO) under the HKETO Certification Acts. They believe HKETO has become Hong Kong's propaganda and urge the US to completely remove them from the country.

Chris Smith described that China's dictator, #XiJinping, suppressed civil and political rights in Hong Kong with NSL, destroying the #BasicLaw and #SinoBritishJointDeclaration. He pointed out that the #USCongress had once published Hong Kong Human Rights and Democracy Act in 2020 to decline Hong Kong's autonomy. Therefore, US Law should reflect the fact. At the moment, HKETO is only China's propaganda with no reason for its existence inside the US border.

The HKETO Certificate Act requests the US President to prove whether their Offices can continue having the current privilege within 30 days after it has been passed. If the President opposes their existence, the government must revoke the offices' benefits, and they must cease operation in 6 months. Even if the President agrees on the privilege, Congress can still disapprove.

Executive Director of Hong Kong Democracy Council (#HKDC), Anna Kwok, mentioned the 3 locations of the HKETO offices in the US in Washington, New York and San Francisco on her Facebook Page. HKDC and other HongKonger organisations in the US found out the HKETO promoting "Hong Kong is back" earlier. They present a false picture of peace and prosperity, claiming Hong Kong as a free and democratic place.

#China #US #OneCountryTwoSystems #MarcoRubio #ChrisSmith #AnnaKwok

Source: Commons #Dec16

http://cmmns.co/ejN8w