Hong Kong Current Events

[Infinite Zenith]

It's been a year since things really spiralled out of control in Hong Kong, and a day's worth of protests gripped the city. Police appeared to disperse the larger crowds, and a total of 35 arrests were made, as a handful of protestors were found with weapons. Participants in the protests reported a very different feel this year compared to last year:

Dressed in school uniform, Form Five students Tiffany Lam, 16, and Jenny Tsoi, 18, were among the protesters. Lam said she had skipped a school exam on June 12 last year to join protests. But one year on, she felt the fight was getting harder with the national security law coming soon.

"There are also fewer people coming out in Hong Kong," Lam said. "I have thought of giving up. It feels like there is not much hope."

[Yu Ominae]

Vid on protests that happened yesterday.

[SeijiSensei]

"Hundreds"

Sad, but not surprising.

[Yu Ominae]

NPC in Beijing passed the national security law for Hong Kong.

162 to none (who objected)

[Infinite Zenith]

No surprises there. It also looks like the Demosisto’s leaders, Joshua Wong and Agnes Chow, have stepped down from their posts and will continue their advocacy independently. The National Security Law’s actual contents have yet to be released in full, which does sound a little dicey.

[Yu Ominae]

https://hongkongfp.com/2020/06/30/br...-imprisonment/

New details.

Acts of secession, subversion, terrorism or collusion with foreign forces will carry a minimum of 10 years and maximum of life in prison for serious cases, according to the text which was gazetted at just after 11pm.
Arson and vandalising public transport with an intent to intimidate the Hong Kong government or Chinese government for political purposes will constitute acts of terrorism under the new law.
The new law states that Hong Kong shall have jurisdiction to prosecute national security offences, except where it has “realistic difficulties” due to the involvement of foreign forces, due to the seriousness of the situation; or in cases where the country is faced with grave realistic threats.

Under such conditions, Clause 56 states that China’s Supreme People’s Procuratorate can stipulate “relevant procuratorates” to prosecute, while the Supreme People’s Court can stipulate “relevant courts” for trial – under Chinese criminal law.
According to the new law, Beijing is to set up an office for safeguarding national security in Hong Kong, with personnel dispatched from relevant Chinese security agencies. It states that Hong Kong will have no jurisdiction over the new offices in Hong Kong, nor can it oversee the behaviour, search or inspect law enforcement personnel.

The law, however, did not make any reference to extradition to the mainland, or retrospectivity following fears it could be backdated. But it says that members of the press and the public may be barred from hearing part of – or the entirety of – cases involving classified information of the state.

Further, it states that China’s new national security office in Hong Kong, the existing Office of the Commissioner of the Ministry of Foreign Affairs of the PRC in Hong Kong and the local government will take necessary measures to strengthen the management of international groups, foreign NG Os and news organisations that operate in the city.

[kari-no-sugata II]

https://www.bbc.co.uk/news/uk-politics-53246899

Up to three million Hong Kong residents are to be offered the chance to settle in the UK and ultimately apply for citizenship, Boris Johnson has said.

The PM said Hong Kong's freedoms were being violated by a new security law and those affected would be offered a "route" out of the former UK colony.

About 350,000 UK passport holders, and 2.6 million others eligible, will be able to come to the UK for five years.

The PM said Tuesday's passing of a new security law by the Hong Kong authorities was a "clear and serious breach" of the 1985 Sino-British joint declaration - a legally binding agreement which set out how certain freedoms would be protected for the 50 years after China assumed sovereignty in 1997.

"It violates Hong Kong's high degree of autonomy and threatens the freedoms and rights protected by the joint declaration," he said.

"We made clear that if China continued down this path we would introduce a new route for those with British National (Overseas) status to enter the UK, granting them limited leave to remain with the ability to live and work in the UK and thereafter to apply for citizenship. And that is precisely what we will do now."

[Yu Ominae]

BBC has more details on the vagueness of the NSL:

China has introduced a new national security law for Hong Kong. The BBC's Michael Bristow takes a closer look at the detail, and what it will mean in practice.

Lawyers and legal experts have said China's national security law for Hong Kong will fundamentally change the territory's legal system.

It introduces new crimes with severe penalties - up to life in prison - and allows mainland security personnel to legally operate in Hong Kong with impunity.

The legislation gives Beijing extensive powers it has never had before to shape life in the territory far beyond the legal system.

Analysis of the law by NPC Observer, a team of legal experts from the United States and Hong Kong, identified what they consider a number of worrying aspects.

"Its criminal provisions are worded in such a broad manner as to encompass a swath of what has so far been considered protected speech," said a posting on its website.

Article 29 is perhaps an example of this broad wording.

It states that anyone who conspires with foreigners to provoke "hatred" of the Chinese government, or the authorities in Hong Kong, could have committed a criminal offence.

Does that include criticism of China's governing Communist Party?

On Wednesday at a media briefing, Hong Kong's Justice Secretary Teresa Cheng was asked to define exactly what the provision means. She was unable to give a clear answer.

Article 55 also contains vague language.

It gives Chinese mainland security operatives the right to investigate some national security cases that are "complex", "serious" or "difficult".

As the NPC Observer team note, these words are "highly subjective and malleable".

Human rights organisations have pointed out how the law seems to undermine protections previously offered to defendants.

Trials can be held in secret (Article 41) and without a jury (Article 46). Judges can be handpicked (Article 44) by Hong Kong's chief executive, who is answerable directly to Beijing.

The law also reverses a presumption that suspects will be granted bail (Article 42).

That same provision also appears to suggest there is no time limit on how long suspects can be held. It says only that cases should be handled in a "timely manner".
Hong Kong's new security law

Entire cases - from investigation to judgement to punishment - can be simply handed over to the mainland authorities (Article 56).

Foreign nationals outside of Hong Kong face prosecution under the law (Article 38).

Donald Clarke, writing for the China Collection, a blog focusing on Chinese issues, wrote that a US newspaper columnist advocating Tibetan independence might fall foul of the law.

"If you've ever said anything that might offend the PRC (People's Republic of China) or Hong Kong authorities, stay out of Hong Kong," he wrote.

Mr Clarke, of the George Washington University Law School, said the biggest worry was the institutions and processes that the law has established.

The legislation allows China to set up the Office for Safeguarding National Security in Hong Kong - a mainland Chinese body to be staffed by mainland Chinese personnel.

Article 60 makes it clear that anyone who works there does not have to abide by Hong Kong's laws. They shall not be subject to "inspection, search or detention".

As Mr Clarke wrote: "They are untouchable."

Claudia Mo, an opposition lawmaker in Hong Kong, said the aim of China's national security legislation was to "stun Hong Kong into nothingness".

"People will be so petrified, so frightened and intimidated, that they wouldn't dare say anything or do anything in opposition," she said.

Of course, that is not the view in Beijing.

Zhang Xiaoming, of China's Hong Kong and Macau Affairs Office, said on Wednesday that the law would help return stability to the territory.

It will bring Hong Kong more in line with the laws, procedures and practices of mainland China.

Whether or not you think the legislation was necessary, it is impossible to deny its significance. As Hong Kong's leader Carrie Lam put it: this is a turning point.

[Yu Ominae]

A lot of people were arrested days after the NSL was passed. A 15-year old girl was picked up for waving a pro-independence flag. No one know if she'll be charged as an adult.

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https://www.scmp.com/news/hong-kong/...n-over-officer

Someone attempted to stab an officer (He's wounded, but okay). The guy was sold out by an informant.

Reading this, I expect the NSL will turn some democratic factions to go underground like Joshua Wong, Agnes Chow and Nathan Law, who's living overseas in an unnamed country.

Some, like this guy, will choose to go extreme.

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https://www.scmp.com/news/hong-kong/...ms-compromised

Read some tweets that people working for CNN/BBC/other foreign news outlets with HK-based outlets are unsure if their work is safe if they report on NSL-related matters.

PS - Eric Chan is in charge of the Office for Safeguarding National Security of the CPG in the HKSAR, the sole defacto LEA for investigating crimes against the NSL.

[Infinite Zenith]

To clarify, Nathan Law fled Hong Kong within hours after a video conference with an American Congressional Committee and his whereabouts are currently unknown.

Meanwhile, it was lucky that suspect involved with stabbing a police officer was caught so swiftly: I believe it might've been a family member who turned him in.

[Yu Ominae]

The Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region is in charge of implementing the HK NSL.

And the head is Zheng Yanxiong.

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Someone made this map.

[Yu Ominae]

Lots of arrest made.

Among them include Agnes Chow, who was bailed out and allowed out to do so a few weeks ago.

[Cosmic Eagle]

Originally Posted by Yu Ominae

The Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region is in charge of implementing the HK NSL.

And the head is Zheng Yanxiong.

----



Someone made this map.

I seriously wonder how Burma, Laos and Cambodia are going to be anything more than liabilities for ASEAN at this rate. Worse, you can't just kick them out either

[TinyRedLeaf]

Originally Posted by Cosmic Eagle

I seriously wonder how Burma, Laos and Cambodia are going to be anything more than liabilities for ASEAN at this rate. Worse, you can't just kick them out either

That's a short-sighted view. Asean has only got itself to blame, not China, for not paying greater attention to the national-security interests of mainland Southeast Asian states.

Why Asean should treat the Mekong like the South China Sea

Singapore (July 17, 2020): ASEAN membership is equally divided between mainland and maritime states. However, Asean's strategic orientation has historically been towards the sea. Four out of the five founder members are maritime states.

Asean spends a lot of time discussing the South China Sea because it is a crucial issue, not just to Southeast Asia, but globally. However, Asean almost never discusses Mekong Basin issues.

Yet the Mekong runs through half of Asean’s membership. Mekong Basin forums and organisations are only loosely related to Asean. Riparian members sometimes try to interest the rest of Asean in Mekong issues but are met with only the pretence of polite interest.

This represents a dangerous failure of strategic imagination by non-riparian Asean members.

The geopolitics of the Mekong Basin is stacked against Asean riparian states. Beijing’s control of the headwaters of the Mekong and the cascade of dams it has constructed or is constructing gives China significant leverage. This ought to be of concern to Asean as a whole.

If China holds the throats of half of Asean in its hands, Asean "centrality" — already questioned — is precarious.

SCMP

[Yu Ominae]

TRL has a point. Not all the countries are united against China 'cause it has friends in ASEAN.

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#FreeAgnes is trending now after Agnes Chow got arrested for supposedly violating the NSL.

Her Japanese fanbase is making the rounds with the hashtag.

[TinyRedLeaf]

The first rule in diplomacy and international relations is that — no matter what countries may publicly say — everything comes down to self-interest.

Beyond Southeast Asia, take Pakistan for example. Prime Minister Imran Khan may talk a great deal about Muslim leadership and speaking up for the plight of Muslims, especially those in the divided Kashmir region and in India's Ayodhya city. But he's noticeably silent about the plight of Muslim Uighurs in China's Xinjiang province.

Why? Because Pakistan is heavily dependent on Chinese infrastructure investment, under the Belt and Road Initiative.

US diplomats, think-tanks and so-called foreign-policy experts are by and large ignorant about these realities, and too many of them still think of world affairs from a trans-Atlantic perspective.

You know what? As far as Asia is concerned, Europe is becoming increasingly irrelevant, even if that's not already the case. The US is also risking irrelevance in East, South and Central Asia. It comes down to economics, and countries will choose whichever path leads to better prospects for their people (and corrupt politicians will no doubt favour whoever is willing to grease the wheels a lot more).

And the Trump Administration is only making things worse by creating an unnecessary Cold War over technology, be it in 5G networks or artifiical intelligence.

Do I like the prospects of growing Chinese dominance in this region? No, I don't, but to borrow a phrase from the US President, "it is what it is". You leave a vacuum in the region, then you can expect the local major power to gladly fill the space. Don't expect otherwise.

[Yu Ominae]

#FreeAgnes is still trending, not to anyone's surprise.

And her arrest is having an effect on all political parties. The JCP has called for her release, which is not surprising since the JCP is not the same ones that are friendly with Beijing/Moscow.

[Yu Ominae]

A few days old SCMP article on whether expat officers serving in the HKPF can be charged for torture.

British officers serving with the Hong Kong Police Force could face a private prosecution in Britain over alleged acts of torture committed during last year’s protests.

Nathan Law Kwun-chung, a Hong Kong activist now self-exiled in London, launched a campaign on Monday calling for evidence to help in the ongoing investigation, so far handled by lawyers engaged by campaigners.

People who were trapped and tear-gassed in Citic Tower in Wan Chai on June 12 last year should come forward and give evidence, Law told a virtual press conference.

Both Conservative and Labour members of parliament have called for allegations of police brutality in Hong Kong to be investigated – a claim rejected by the force – piling pressure on the British officers who continued to serve after the 1997 handover.

Some of these officers played a role in quelling the protests, triggered by a bill that would have allowed suspects to be sent to mainland China for trial. The bill was later withdrawn.

The Hong Kong police have not responded to a request for comment.

“These police officers are the shame of Britain. For too long they have been allowed to live some kind of postcolonial dream in Hong Kong, beating up people with impunity and overseeing truly shocking atrocities,” said Luke de Pulford of London-based group Hong Kong Watch, who co-launched the campaign with Law. SCMP Global Impact Newsletter Uncover the most important stories from China that affect the world By registering, you agree to our T&C and Privacy Policy

He added that “at least five” Britons had been identified. He refused to name them, but said initial legal advice suggested that they would likely have a case to answer on torture.

The Crown Prosecution Service said that “in some cases” private prosecutions in the English courts must seek the consent of the attorney general or director of public prosecutions.

“When it comes to it, I hope the UK attorney general and the director of public prosecutions will see that this case is clearly in the public interest,” Law said. “British citizens have been responsible for heinous brutality in Hong Kong, and the UK must hold them to account.”

Michael Polak, a lawyer in Britain, said the action was necessary as the integrity of Hong Kong’s Independent Police Complaints Council had been called into question. Hong Kong protests: policeman facing private prosecution over shooting launches High Court bid to have case thrown out 8 Aug 2020

Anyone who had been subject to “severe pain and suffering, physical or mental” from the police officers, including the illegitimate use of tear gas, could submit evidence to the campaign, Polak said.

Torture is considered a matter of universal jurisdiction under English law, meaning that the British courts could decide on acts committed in, for example, Hong Kong.

Offences covered by universal jurisdiction include certain war crimes, torture and hostage-taking and anyone can apply to the courts for an arrest warrant to ensure those guilty of these crimes abroad face justice in Britain.

Previous cases involving such judicial exercise of universal jurisdiction have usually involved war crimes.

In Hong Kong, Democratic Party lawmaker Ted Hui Chi-fung raised HK$3.38 million (US$434,000) through crowdfunding and launched a private prosecution against a police officer who shot a protester with a live round last year.

The case has been given the green light to proceed by Eastern Court, with the officer scheduled to enter his plea on a count of shooting with intent and two firearm charges on August 31.

But on Monday the officer’s lawyer filed an application at the High Court for a judicial review, seeking to quash his prosecution.

They argued that it was a violation of Article 63 of the Basic Law, the city’s mini-constitution, which said the Department of Justice “shall control criminal prosecutions”.

Hui is also considering another prosecution against the officer who repeatedly drove a motorcycle into a crowd during a separate protest on November 11, the same day as the shooting.

He he has offered a HK$200,000 reward for the rider’s identity.

[Cosmic Eagle]

Originally Posted by TinyRedLeaf

That's a short-sighted view. Asean has only got itself to blame, not China, for not paying greater attention to the national-security interests of mainland Southeast Asian states.

Why Asean should treat the Mekong like the South China Sea

That's why I say you can't just kick them out or alienate them further. The whole non-interference thing is well and good but take it too far and the organization becomes farcial. Indochina has so many issues but no one actually dares to try to solve them because its safer to claim non-interference and ignore them.

As it is now though it isn't shortsighted to call them potential bombs in the CCP's hands that can be used against the rest of ASEAN when the time is right even if it was ASEAN that lost them in the first place. It is foolish not to prepare for that very likely scenario IMO. Unless ASEAN actively does more than lip-service investment in the Mekong, which let's be honest, do you see happening any time soon? Very unfortunate all in all

[Yu Ominae]

Getting word from (at least) North American universities that they're using code (I suspect that this'll be an internal thing for admin/faculty/RAs) for courses that can breach the NSL and are ready to back the students/faculty/staff to prevent their actions (studies, research work) from being the case use against them in case the HKPF seeks their arrest.