Hong Kong Law Society Election Underscores Tensions Over China, Legal System
Hong Kong Celebrates A Record Olympic Run Amid Political Controversy
“It is also an inevitable and prompt decision to restore stability,” Lam said at the harbor-front venue where 23 years ago the last colonial governor, Chris Patten — a staunch critic of the new security law — tearfully handed back Hong Kong to Chinese rule. Critics fear the legislation will crush wide-ranging freedoms in Hong Kong denied to people in mainland China that are seen as key to its success as a global financial hub. The legislation outlaws crimes of secession, subversion, terrorism and collusion with foreign forces, with up to life in prison.
They noted that he had been carrying first aid equipment, and that he had scheduled a lunch meeting with friends near the site of his collision with the police. In Mr. Tong’s case, the prosecutors made clear that the sentence against him should be determined as much by the message on his banner — a popular slogan the government has deemed a call to independence — as his collision with the police. Tong Ying-kit, 24, who drove a motorcycle into police officers while carrying a protest flag, was convicted of terrorism and inciting secession.
The idea also was that China would be more sensitive than it has become under Xi Jinping to criticisms that China was breaching legally binding promises made to the United Kingdom, or violating international human rights norms, or backing away from its commitments about Hong Kong’s autonomy. We had a prior round in 2003 when the Hong Kong government tried to adopt local legislation to implement Article 23. There were huge protests against that, partly reflecting some of the same concerns we see now. With the NPC’s move, the matter has been taken out of Hong Kong’s hands and put into the central government’s hands. Another piece of legislation, The Hong Kong Autonomy Act, was recently passed in the U.S. It would authorize asset-blocking and visa-blocking sanctions against persons, and specific financial sanctions against foreign financial institutions, that the Secretary of State, in consultation with the Secretary of the Treasury, identifies as contravening Hong Kong’s autonomy.
- It is headed by the Secretary for Justice, who is a member of the Executive Council and is the Government’s chief legal adviser.
- A terrorism charge can also include the vaguely worded provision of “other dangerous activities which seriously jeopardize public health, safety or security.”
- Income is deemed to include all wages, salary, leave pay, perquisites, bonuses and allowances.
- They scoff at the assertion of the city’s Beijing-backed leader, Carrie Lam, that freedoms will not be undermined.
- The view from Beijing is whether it’s Hong Kong, COVID, Xinjiang, Tibet, jailing human rights lawyers … at some point, there’s a volume discount on acts that prompt foreign criticism.
” Good defined.—In this paragraph, the term ‘good’ means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. ” information obtained by other countries or reputable nongovernmental organizations that monitor violations of human rights abuses. ” Good defined.—In this subsection, the term ‘good’ means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. ” On April 18, 2020, the Hong Kong Police Force arrested 14 high-profile democracy activists and campaigners for their role in organizing a protest march that took place on August 18, 2019, in which almost 2,000,000 people rallied against a proposed extradition bill. ” The Justice Department of Hong Kong selectively prosecuted cases against leaders of the Umbrella Movement, while failing to prosecute police officers accused of using excessive force during the protests in 2014. Shen Chunyao, director of legislative affairs commission of the National People’s Congress Standing Committee, China’s top lawmaking body, which passed the new law, said only under “very rare” circumstances would Chinese state security agents and judicial authorities get involved in Hong Kong cases.
Cyber, Privacy & Data Protection
Cutting off Hong Kong would not only harm American interests in the territory but also wreck the prospects of Hong Kongers—an odd way to reward its would-be democrats. Better to press the central government, or threaten case-by-case scrutiny of American extraditions to Hong Kong. Taiwan has said that it will not accept the suspect’s extradition under the new law. Less explosive solutions have been suggested, including letting Hong Kong’s courts try cases involving murder committed elsewhere. There is talk that the government may see this as the moment to push through that long-shelved law. Lambasting its authoritarian politics or quixotically suggesting that Hong Kong should be independent would hardly cause the ground to shake in Beijing.
Hong Kong law provides protections for freedom of speech, but the government regularly took actions inconsistent with this right. In July 2020, some of the initial NSL arrests included individuals carrying stickers and signs with slogans critical of the government. In September 2020, the government charged an activist for chanting anti-government slogans under a sedition statute that has not been used since Hong Kong’s handover to Chinese sovereignty in 1997. Hong Kong activists and legal scholars raised concerns the sedition statute is incompatible with the freedoms listed in Hong Kong’s Bill of Rights. In October 2020, the government charged a teenage activist with secession and conspiring to publish seditious content, allegedly for content published on social media.
Hong Kong Police Quickly Enforce Chinas Security Law As Thousands Protest
In December 2020, BIS created and published the “Military End User List.” Three Hong Kong companies were listed in the initial tranche of entities known to support foreign militaries, notably the Hong Kong Government Flying Service, for its support of the PRC People’s Liberation Army. In addition, BIS removed Hong Kong as a separate destination for exports from the United States. Police counterparts provide timely notification when U.S. citizens are arrested, and the police facilitate access for U.S. consular officers to visit detained U.S. citizens. Immigration officials turkish citizenship provide timely consular notification and access for arrests and refusals of entry at the airport. However, the Hong Kong government no longer recognizes dual nationality and new enforcement of existing provisions of the Nationality Law of the PRC in place since 1997 led to the denial of consular assistance for U.S. citizens who also hold Chinese citizenship, including Hong Kong passport holders. In June 2020, a survey conducted by the Hong Kong Journalists Association showed that an overwhelming majority of journalists in Hong Kong worry about their personal safety.
The Chinese government is set to impose further drastic changes to Hong Kong’s electoral framework to ensure that only those who “love China and love Hong Kong” – euphemisms that denote loyalty to the Chinese Communist Party – can govern Hong Kong. Various proposals, such as mandating that LegCo candidates are nominated by Hong Kong’s chief executive – who is handpicked by Beijing – are reportedly being discussed. Some of these proposals are expected to be adopted by Beijing’s National People’s Congress, a rubber stamp Congress, set to convene on March 4 or 5. Subversion and other crimes established by Hong Kong’s National Security Law, imposed by the Chinese government on June 30, 2020, are overly broad and arbitrarily applied, Human Rights Watch said. They include the peaceful exercise of human rights that are enshrined in Hong Kong’s de facto constitution, the Basic Law. These rights are also protected under the International Covenant on Civil and Political Rights, which is incorporated into Hong Kong’s legal framework via the Basic Law and expressed in the Bill of Rights Ordinance.
Danish Artist Hires Lawyers To Reclaim Hong Kong Tiananmen Statue
China has found that free-thinking people with access to independent information almost always—and nearly unanimously—reject rule by Xi and the CCP. So now the Xi regime has decided to enforce its tyranny on residents of Hong Kong in the same way as it rules over the mainland—with brutal repression. Former Hong Kong Chief Executive C.Y. Leung, battered by the 2014 Umbrella Revolution, went on Facebook to offer a bounty for tips identifying those who violate the new law. And a humanitarian response—by agreeing among allies law firm a lifeboat rescue package so that Hong Kongers who need to flee can find a place of sanctuary. Our objective should not be for Hong Kongers to leave their hometown, it should be to make it safe and free for them to stay, but the reality is democratic governments need to plan for the worst-case scenario—and be ready to welcome the people of Hong Kong. A political and diplomatic response, by moving ahead with recommendations already made by current and former United Nations officials for the establishment of a U.N.
The verdict was immediately condemned by Amnesty International, which called it “the beginning of the end for freedom of expression in Hong Kong”. Tong’s defence lawyer has said it was impossible to prove that Tong was inciting secession merely by having used the slogan. The defence also said there was no evidence Tong committed the act deliberately, that he avoided crashing into officers and that his actions could not be considered terrorism since there was no serious violence or harm to society. Reading the verdict, Justice Esther Toh said Tong “committed terrorist activities causing or intended to cause grave harm to the society” in pursuit of a political agenda.