#OpinionArticle #HongKongChronicles #ProvisionalLegCo
Hong Kong 1997: When the Beijing-Controlled Provisional Legislative Council Passed So Many Draconian Laws
How long does it take for a Legislature Fully Controlled by the Establishment to Pass a Draconian Law?
Answer: Overnight
Source: InMedia #7Feb2016
#BeijingIntervention #Handover1997 #LegCo
Read more
⬇️⬇️⬇️
https://t.me/guardiansofhongkong/24400
Hong Kong 1997: When the Beijing-Controlled Provisional Legislative Council Passed So Many Draconian Laws
How long does it take for a Legislature Fully Controlled by the Establishment to Pass a Draconian Law?
Answer: Overnight
Source: InMedia #7Feb2016
#BeijingIntervention #Handover1997 #LegCo
Read more
⬇️⬇️⬇️
https://t.me/guardiansofhongkong/24400
#OpinionArticle #HongKongChronicles #ProvisionalLegCo
Hong Kong 1997: When the Beijing-Controlled Provisional Legislative Council Passed So Many Draconian Laws
How long does it take for a Legislature Fully Controlled by the Establishment to Pass a Draconian Law?
Answer: Overnight
Editor's Note:
The Provisional Legislative Council was formed in January 25, 1997 unilaterally by Beijing due to China's rejection of Hong Kong governor Chris Patten’s democrarization plan. The unelected Provisional Legislative Council was deemed illegal before the handover, as the members were solely appointed by Beijing.
However, soon after the sovereignty transfer, Beijing dissolved the pro-democracy legislature directly elected by Hong Kong people in 1995. The Beijing-backed Provisional Council became the 'official' legislature serving a term until June 30, 1998.
The following are some draconian laws practiced in current Hong Kong which were passed by the Beijing-arranged legislature after the handover:
The Return of the Public Security Ordinance
In 1995, in accordance with the Hong Kong Bill of Rights Ordinance, some provisions of the Public Security Ordinance were ruled to be in conflict with the International Covenant on Civil and Political Rights and therefore abolished. These included the bans on demonstrations of more than 30 people and gatherings of more than 50 people.
The licensing system is changed to a notification system, and the organizer must notify the police 7 days before the event. In this regard, the Chinese government believes that the 1995 version of the regulations violates the Hong Kong Basic Law. Therefore, the Provisional Legislative Council of Hong Kong re-enacted some of the abolished provisions in 1997, including changing the notification system for processions and assemblies to the "letter of no objection" system.
The Beijing controlled legislature went through three readings in just one day on June 14, 1997.
Since then, Hong Kong people have lost their freedom of assembly. Every July 1st, the democracy front has to negotiate with the police for the latter to issue a letter of no objection .
The Right to Collective Bargaining Abolished
On June 26, 1997, fours days before the handover, the directly elected Legislative Council passed the "Employees’ Representative Rights, Consultation Rights, and Collective Bargaining Rights Ordinance" (referred to as the "Collective Bargaining Rights Ordinance") submitted by the Secretary-General of the Trade Union, Lee Cheuk-yen.
With concern for labor rights, the new ordinance enabled the right to collective bargaining. The arrangement is applicable to enterprises with more than 50 employees; and, the number of union members must exceed 15% of the number of employees and the authorization of more than 50% of the employees is required to obtain the right to collective bargaining.
However, after the transfer of sovereignty, the Beijing- controlled Council immediately overturned many laws that were considered "obstructive to the operation of the SAR government".
These included the "Employee Representative Rights, Consultation Rights and Collective Bargaining Rights Ordinance" on July 16 of the same year. The law was officially repealed in November 1997.
Since then, Hongkongers have been fighting for the restoration of collective bargaining rights, but there has been little progress in face of the establishment.
*This is an article written by columnist Chan Yu-ming and published by InMedia on 7 Feb, 2016.
Source: InMedia
https://www.inmediahk.net/node/1040693
#BeijingIntervention #Handover1997 #LegCo
Hong Kong 1997: When the Beijing-Controlled Provisional Legislative Council Passed So Many Draconian Laws
How long does it take for a Legislature Fully Controlled by the Establishment to Pass a Draconian Law?
Answer: Overnight
Editor's Note:
The Provisional Legislative Council was formed in January 25, 1997 unilaterally by Beijing due to China's rejection of Hong Kong governor Chris Patten’s democrarization plan. The unelected Provisional Legislative Council was deemed illegal before the handover, as the members were solely appointed by Beijing.
However, soon after the sovereignty transfer, Beijing dissolved the pro-democracy legislature directly elected by Hong Kong people in 1995. The Beijing-backed Provisional Council became the 'official' legislature serving a term until June 30, 1998.
The following are some draconian laws practiced in current Hong Kong which were passed by the Beijing-arranged legislature after the handover:
The Return of the Public Security Ordinance
In 1995, in accordance with the Hong Kong Bill of Rights Ordinance, some provisions of the Public Security Ordinance were ruled to be in conflict with the International Covenant on Civil and Political Rights and therefore abolished. These included the bans on demonstrations of more than 30 people and gatherings of more than 50 people.
The licensing system is changed to a notification system, and the organizer must notify the police 7 days before the event. In this regard, the Chinese government believes that the 1995 version of the regulations violates the Hong Kong Basic Law. Therefore, the Provisional Legislative Council of Hong Kong re-enacted some of the abolished provisions in 1997, including changing the notification system for processions and assemblies to the "letter of no objection" system.
The Beijing controlled legislature went through three readings in just one day on June 14, 1997.
Since then, Hong Kong people have lost their freedom of assembly. Every July 1st, the democracy front has to negotiate with the police for the latter to issue a letter of no objection .
The Right to Collective Bargaining Abolished
On June 26, 1997, fours days before the handover, the directly elected Legislative Council passed the "Employees’ Representative Rights, Consultation Rights, and Collective Bargaining Rights Ordinance" (referred to as the "Collective Bargaining Rights Ordinance") submitted by the Secretary-General of the Trade Union, Lee Cheuk-yen.
With concern for labor rights, the new ordinance enabled the right to collective bargaining. The arrangement is applicable to enterprises with more than 50 employees; and, the number of union members must exceed 15% of the number of employees and the authorization of more than 50% of the employees is required to obtain the right to collective bargaining.
However, after the transfer of sovereignty, the Beijing- controlled Council immediately overturned many laws that were considered "obstructive to the operation of the SAR government".
These included the "Employee Representative Rights, Consultation Rights and Collective Bargaining Rights Ordinance" on July 16 of the same year. The law was officially repealed in November 1997.
Since then, Hongkongers have been fighting for the restoration of collective bargaining rights, but there has been little progress in face of the establishment.
*This is an article written by columnist Chan Yu-ming and published by InMedia on 7 Feb, 2016.
Source: InMedia
https://www.inmediahk.net/node/1040693
#BeijingIntervention #Handover1997 #LegCo
#LegCoElection #ProvisionalLegCo #PublicOpinionPoll
HK's Democratic Party announces to entrust a third party to conduct a public scientific survey to decide whether to serve the extended LegCo terms arranged by Beijing
Source: Stand News #Aug20
#NoElection #Postponement #DemocraticParty
Read Full Article: ⬇️⬇️
https://t.me/guardiansofhongkong/24402
HK's Democratic Party announces to entrust a third party to conduct a public scientific survey to decide whether to serve the extended LegCo terms arranged by Beijing
Source: Stand News #Aug20
#NoElection #Postponement #DemocraticParty
Read Full Article: ⬇️⬇️
https://t.me/guardiansofhongkong/24402
#LegCoElection #ProvisionalLegCo #PublicOpinionPoll
HK's Democratic Party to entrust a third party to conduct a public survey to decide whether to serve the extended LegCo terms arranged by Beijing
Citing the coronavirus pandemic, the HKSAR government postponed the Legislative Council Election, originally supposed to take place in September 2020, for a year last month. Despite the criticism of intervening Hong Kong's affairs, China's Standing Committee of the National People’s Congress (NPC) has announced the extension of the term of incumbent lawmakers by a year. The pro-democracy front in Hong Kong is currently caught in a dilemma of whether to serve or boycott the coming LegCo term.
On 20 August, 2020, Democratic Party announced to entrust a creditable polling organisation to conduct a public scientific survey and emphasised to respect public opinion as to the basis of their final decision.
Chairman Wu Chi-wai stated that even the Democratic Party tended to stay, they would let the public decide if they stay or boycott.
Seven incumbents lawmakers from Democratic Party include Wu Chi-wai, James To Kun-sum, Lam Cheuk-ting, Helena Wong Pik-wan, Roy Kwong Chun-Yu, Ted Hui Chi-Fung, and Andrew Wan Siu-kin.
Hong Kong Public Opinion Research Institute (#HKPORI) has conducted a relevant latelt and the results are to be published on 21 August 2020. HKPORI deputy CEO Chung Kim-wah stated that the result might have high deviation since the survey sampling is not universal and therefore it can only be taken as a reference . Thus, another representative public survey will be arranged, and the result should be ready before 30 September, berfore this term of Legislative Council officially ends.
Some incumbent lawmakers in the democratic front released a joint declaration on 17 August concerning their intent o stay on. However, Raymond Chan Chi-Chuen from People Power and Eddie Chi Hoi-dick from Council Front have expressed their stance openly that they would boycott the next council. Cheng Chung-tai from Civic Passion has already declared that he would stay.
[Editor's note:
Civic Party stated in a press conference held on the evening of August 2p that they inclined to stay in the council but will support the Democratic Party's proposal by letting the public decide in an opinion poll.]
Source: Stand News #Aug20
#NoElection #Postponement #DemocraticParty
===========
Reading the 3-part Series on Democracy Front's Debates on Whether Incumbent Pro-dem Lawmakers shall Serve in Extended Term Under Beijing's LegCo Arrangement:
Part 1:
https://t.me/guardiansofhongkong/24384
Part 2:
https://t.me/guardiansofhongkong/24385
Part 3:
https://t.me/guardiansofhongkong/24386
HK's Democratic Party to entrust a third party to conduct a public survey to decide whether to serve the extended LegCo terms arranged by Beijing
Citing the coronavirus pandemic, the HKSAR government postponed the Legislative Council Election, originally supposed to take place in September 2020, for a year last month. Despite the criticism of intervening Hong Kong's affairs, China's Standing Committee of the National People’s Congress (NPC) has announced the extension of the term of incumbent lawmakers by a year. The pro-democracy front in Hong Kong is currently caught in a dilemma of whether to serve or boycott the coming LegCo term.
On 20 August, 2020, Democratic Party announced to entrust a creditable polling organisation to conduct a public scientific survey and emphasised to respect public opinion as to the basis of their final decision.
Chairman Wu Chi-wai stated that even the Democratic Party tended to stay, they would let the public decide if they stay or boycott.
Seven incumbents lawmakers from Democratic Party include Wu Chi-wai, James To Kun-sum, Lam Cheuk-ting, Helena Wong Pik-wan, Roy Kwong Chun-Yu, Ted Hui Chi-Fung, and Andrew Wan Siu-kin.
Hong Kong Public Opinion Research Institute (#HKPORI) has conducted a relevant latelt and the results are to be published on 21 August 2020. HKPORI deputy CEO Chung Kim-wah stated that the result might have high deviation since the survey sampling is not universal and therefore it can only be taken as a reference . Thus, another representative public survey will be arranged, and the result should be ready before 30 September, berfore this term of Legislative Council officially ends.
Some incumbent lawmakers in the democratic front released a joint declaration on 17 August concerning their intent o stay on. However, Raymond Chan Chi-Chuen from People Power and Eddie Chi Hoi-dick from Council Front have expressed their stance openly that they would boycott the next council. Cheng Chung-tai from Civic Passion has already declared that he would stay.
[Editor's note:
Civic Party stated in a press conference held on the evening of August 2p that they inclined to stay in the council but will support the Democratic Party's proposal by letting the public decide in an opinion poll.]
Source: Stand News #Aug20
#NoElection #Postponement #DemocraticParty
===========
Reading the 3-part Series on Democracy Front's Debates on Whether Incumbent Pro-dem Lawmakers shall Serve in Extended Term Under Beijing's LegCo Arrangement:
Part 1:
https://t.me/guardiansofhongkong/24384
Part 2:
https://t.me/guardiansofhongkong/24385
Part 3:
https://t.me/guardiansofhongkong/24386
#LegCo #ProvisionalLegCo
Civic Party and Democratic Party Align Stance: Public opinion will decide for us to either boycott or serve in the extended LegCo term
The Democratic Party expressed on the morning on August 21, 2020, that they will look at the result of public opinion poll before deciding whether its members will sit for a Legislative Council term extended by Beijing.
Respecting and endorsing the idea of an independent poll, Alvin Yeung Ngok-kiu said he and other four legislators of the Civic Party would abide by the results.
Yeung explained that pro-democracy pursuits in the Legislative Council and on the street are suffering extreme oppression following the authorities' forceful imposition of the National Security Law. Yeung added, “while the room left for international lobbying and street-level protests remain unknown, it is sensible to stay on and speak the truth as LegCo remains an important battlefield.”
Yeung later spoke in his own capacity that since he is one of the four candidates being disqualified from running the coming LegCo election, serving in the extended term for the purpose of “annoying” the government and Beijing loyalists is also his consideration.
Incumbent lawmaker and Civic Party member Jeremy Tam Man-ho pointed out that international lobbying, street-level protests and Legislative Council deliberation are three inseparable battlefronts for advancing the pro-democracy movement in Hong Kong. Under the National Security Law, there are only limited space left for the first two fronts, with LegCo being the only remaining one. He challenged whether leaving LegCo is a wise plan.
While Tam admitted that pro-democracy legislators could not stop the Beijing-loyalist- dominated LegCo from passing draconian law, Tam reiterated the importance of having oppositional voices in the Council to delay, if not halt, the pro-Beijing force in passing even more controversial bills in lightning speed. He asked citizens for their understanding, stressing that it is a dilemma situation for pro-democracy legislators to choose either boycotting or staying on.
Source: InMedia #Aug20
https://www.inmediahk.net/node/1076628
#ProvisionalLegCo #NationalSecurityLaw #PoliticalOppression
===============
HK's Democratic Party announces to entrust a third party to conduct a public scientific survey to decide whether to serve the extended LegCo terms arranged by Beijing
https://t.me/guardiansofhongkong/24402
Civic Party and Democratic Party Align Stance: Public opinion will decide for us to either boycott or serve in the extended LegCo term
The Democratic Party expressed on the morning on August 21, 2020, that they will look at the result of public opinion poll before deciding whether its members will sit for a Legislative Council term extended by Beijing.
Respecting and endorsing the idea of an independent poll, Alvin Yeung Ngok-kiu said he and other four legislators of the Civic Party would abide by the results.
Yeung explained that pro-democracy pursuits in the Legislative Council and on the street are suffering extreme oppression following the authorities' forceful imposition of the National Security Law. Yeung added, “while the room left for international lobbying and street-level protests remain unknown, it is sensible to stay on and speak the truth as LegCo remains an important battlefield.”
Yeung later spoke in his own capacity that since he is one of the four candidates being disqualified from running the coming LegCo election, serving in the extended term for the purpose of “annoying” the government and Beijing loyalists is also his consideration.
Incumbent lawmaker and Civic Party member Jeremy Tam Man-ho pointed out that international lobbying, street-level protests and Legislative Council deliberation are three inseparable battlefronts for advancing the pro-democracy movement in Hong Kong. Under the National Security Law, there are only limited space left for the first two fronts, with LegCo being the only remaining one. He challenged whether leaving LegCo is a wise plan.
While Tam admitted that pro-democracy legislators could not stop the Beijing-loyalist- dominated LegCo from passing draconian law, Tam reiterated the importance of having oppositional voices in the Council to delay, if not halt, the pro-Beijing force in passing even more controversial bills in lightning speed. He asked citizens for their understanding, stressing that it is a dilemma situation for pro-democracy legislators to choose either boycotting or staying on.
Source: InMedia #Aug20
https://www.inmediahk.net/node/1076628
#ProvisionalLegCo #NationalSecurityLaw #PoliticalOppression
===============
HK's Democratic Party announces to entrust a third party to conduct a public scientific survey to decide whether to serve the extended LegCo terms arranged by Beijing
https://t.me/guardiansofhongkong/24402
#PublicOpinionPoll #Anaylsis
Should Incumbent Lawmakers Serve in Extended Term Under Beijing's LegCo Arrangement?
HK Public Opinion Research Institute (#HKPORI) released two sets of survey results from online discussion groups and phone interviews, randomly sampled.
Q: The Standing Committee of the National People's Congress has extended the current LegCo term for no less than 1 year. Do you agree or disagree for incumbent lawmakers to serve in the extended term?
Survey results:
• Online opinion groups: Agree 35%；Disagree 47% Sampling threshold +/- 1%
• Random phone interview: Agree 37%；Disagree 41% Sampling threshold +/- 3%
==============
A few reflections are offered by CUHK lecturer and research Dr. Leung Kai-chi:
1. Methodology
Two sets of survey results were devised from different methodologies,
Since netizens and political figures were involved in mobilizing citizens to register and take part in this survey, this set of survey result can be used as a reference to those being politically influenced.
Interviews via phone calls (including landline and mobile) were randomly sampled, not being directly influenced by political opinion leaders. These set of survey result can be regarded as an overall reflection of the mass population in Hong Kong.
2. Beyond Methodology
Leading researcher of the survey, Dr Leung Kai-chi explained, “methodology cannot be a solution to all the problems as some are matters of value judgement.” For instance, should a lawmaker make a deciaion in accordance to HK people’s opinion or his potential supporters? In the same light, should legislators of Functional Constituencies only look into opinions of his/her constituency, disregarding the rest? Should there also be a middle-ground / alternative solution, or should lawmakers only follow a dominant opinion with an absolute majority support?
Dr Leung admitted that many disagreements may arise. He said “I do not have an answer to them. Hopefully, we can face these questions unruffled and in unity.”
Source: Dr Leung Kai-chi’s Facebook #Aug21
https://www.facebook.com/594642803906393/posts/3197828276921153/
#ProvisionalLegCo #Methodology #LeungKaiChi
=========
Further Reading:
#HKPORI Public opinion poll: a large majority of 76% Hong Kong citizens reject “Health Code” https://t.me/guardiansofhongkong/24410
Should Incumbent Lawmakers Serve in Extended Term Under Beijing's LegCo Arrangement?
HK Public Opinion Research Institute (#HKPORI) released two sets of survey results from online discussion groups and phone interviews, randomly sampled.
Q: The Standing Committee of the National People's Congress has extended the current LegCo term for no less than 1 year. Do you agree or disagree for incumbent lawmakers to serve in the extended term?
Survey results:
• Online opinion groups: Agree 35%；Disagree 47% Sampling threshold +/- 1%
• Random phone interview: Agree 37%；Disagree 41% Sampling threshold +/- 3%
==============
A few reflections are offered by CUHK lecturer and research Dr. Leung Kai-chi:
1. Methodology
Two sets of survey results were devised from different methodologies,
Since netizens and political figures were involved in mobilizing citizens to register and take part in this survey, this set of survey result can be used as a reference to those being politically influenced.
Interviews via phone calls (including landline and mobile) were randomly sampled, not being directly influenced by political opinion leaders. These set of survey result can be regarded as an overall reflection of the mass population in Hong Kong.
2. Beyond Methodology
Leading researcher of the survey, Dr Leung Kai-chi explained, “methodology cannot be a solution to all the problems as some are matters of value judgement.” For instance, should a lawmaker make a deciaion in accordance to HK people’s opinion or his potential supporters? In the same light, should legislators of Functional Constituencies only look into opinions of his/her constituency, disregarding the rest? Should there also be a middle-ground / alternative solution, or should lawmakers only follow a dominant opinion with an absolute majority support?
Dr Leung admitted that many disagreements may arise. He said “I do not have an answer to them. Hopefully, we can face these questions unruffled and in unity.”
Source: Dr Leung Kai-chi’s Facebook #Aug21
https://www.facebook.com/594642803906393/posts/3197828276921153/
#ProvisionalLegCo #Methodology #LeungKaiChi
=========
Further Reading:
#HKPORI Public opinion poll: a large majority of 76% Hong Kong citizens reject “Health Code” https://t.me/guardiansofhongkong/24410
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#Poll #HealthCode
Public opinion: a large majority of 76% Hong Kong citizens reject “Health Code”
Hong Kong Public Opinion Research Institute (#HKPORI) conducted an online poll “We Hongkonger Survey” from August 17 to 20, collecting citizens’ view on the…
Public opinion: a large majority of 76% Hong Kong citizens reject “Health Code”
Hong Kong Public Opinion Research Institute (#HKPORI) conducted an online poll “We Hongkonger Survey” from August 17 to 20, collecting citizens’ view on the…
#LegCo #CCPControl #DQ #ProvisionalLegCo
Pro-democracy Lawmakers in HK Vow Mass Resignation over any Disqualification by the Authorities
Source: Apple Daily #Nov9
Read more
⬇️⬇️⬇️
Pro-democracy Lawmakers in HK Vow Mass Resignation over any Disqualification by the Authorities
Source: Apple Daily #Nov9
Read more
⬇️⬇️⬇️
#LegCo #CCPControl #DQ #ProvisionalLegCo
Pro-democracy Lawmakers in HK Vow Mass Resignation over any Disqualification by the Authorities
According to sources, Beijing planned to remove certain pro-democratic legislators from Hong Kong's Legislative Council.
Pro-democracy camp's convener Wu Chi-wai said that all pro-democracy legislators had agreed that once the PRC's National People's Congress Standing Committee (#NPCSC) had decided to disqualify pro-democracy lawmakers in Hong Kong, they would resign en masse without regrets. This is to show the Chinese Communist Party and the world that, they were strongly against the regime's abusive interference in Hong Kong's legislature.
Wu added that if the NPCSC disqualifies any democrats , this would only mean that the democratic camp had incurred Beijing's wrath by carrying their duty to monitor the government.
Wu also criticized Beijing's unconstitutional decision of disqualification, which reflected CCP's blatant disrespect to Hong Kong people's voices and opinions.
Wu slammed the pro-Beijing camp, who supported the dismissal of the democrats for the use of filibustering. Wu stated that the Basic Law had conferred the lawmakers the power to supervise the government and call for the quorum to be counted in the chamber.
Wu criticized that it was ridiculous for the pro-Beijing legislators to palm off the responsibility of 'failing to convene the meeting' to the pro-democrats.
When asked whether he was regretted choosing to remain in the chamber for another year, Wu answered that the core of the problem lied in the government, who cannot even tolerate the lawmakers exercising their power to vet the bills conferred by the council's rules of procedure.
Source: Apple Daily #Nov9
https://hk.appledaily.com/local/20201109/FMOIT275LNH7LNMHDDQ3QRILSU/
#MassResignation
Pro-democracy Lawmakers in HK Vow Mass Resignation over any Disqualification by the Authorities
According to sources, Beijing planned to remove certain pro-democratic legislators from Hong Kong's Legislative Council.
Pro-democracy camp's convener Wu Chi-wai said that all pro-democracy legislators had agreed that once the PRC's National People's Congress Standing Committee (#NPCSC) had decided to disqualify pro-democracy lawmakers in Hong Kong, they would resign en masse without regrets. This is to show the Chinese Communist Party and the world that, they were strongly against the regime's abusive interference in Hong Kong's legislature.
Wu added that if the NPCSC disqualifies any democrats , this would only mean that the democratic camp had incurred Beijing's wrath by carrying their duty to monitor the government.
Wu also criticized Beijing's unconstitutional decision of disqualification, which reflected CCP's blatant disrespect to Hong Kong people's voices and opinions.
Wu slammed the pro-Beijing camp, who supported the dismissal of the democrats for the use of filibustering. Wu stated that the Basic Law had conferred the lawmakers the power to supervise the government and call for the quorum to be counted in the chamber.
Wu criticized that it was ridiculous for the pro-Beijing legislators to palm off the responsibility of 'failing to convene the meeting' to the pro-democrats.
When asked whether he was regretted choosing to remain in the chamber for another year, Wu answered that the core of the problem lied in the government, who cannot even tolerate the lawmakers exercising their power to vet the bills conferred by the council's rules of procedure.
Source: Apple Daily #Nov9
https://hk.appledaily.com/local/20201109/FMOIT275LNH7LNMHDDQ3QRILSU/
#MassResignation