Amendments to CAP599 Make Refusal to Surrender Pet a Criminal Offence

On 31 March 2022 new amendments to The Prevention and Control of Disease Ordinance and Regulation (Cap 599 and 599A) took effect that make the refusal, obstruction or failure to surrender a pet that “a health officer reasonably believes has been infected with a specific disease”, a criminal offence – punishable on conviction by a fine and imprisonment.

hamster-covid 2022

A question concerning the obstruction of members of the public from complying with the order of surrendering high-risk animals arose in the Legislative Council on 6 April 2022.

Question: In January this year, samples of hamsters collected from a pet shop were tested positive for the coronavirus disease 2019 virus. To minimise the risks of spreading the epidemic, the Agriculture, Fisheries and Conservation Department (AFCD) strongly advised members of the public to surrender their hamsters purchased from local pet shops which involved two import consignments to the AFCD for humane dispatch. However, some people stopped members of the public from surrendering hamsters to the AFCD outside the New Territories South Animal Management Centre of the AFCD, and took over the hamsters concerned. In this connection, will the Government inform this Council whether the existing legislation (including the Public Health (Animals and Birds) Ordinance (Cap. 139) and the Prevention and Control of Disease Ordinance (Cap. 599), as well as the related subsidiary legislation) expressly empowers the AFCD, the Department of Health or other government departments to (i) order members of the public to surrender a particular type of animals kept by them on the ground that there is a risk of virus transmission from such type of animals to humans, and (ii) impose penalties on those persons who obstruct members of the public from complying with such an order; if so, of the reasons why the relevant government departments did not exercise such powers in the aforesaid incident…

cap599A - pet

A written response from Secretary for Food and Health, Professor Sophia Chan confirmed that existing legislation under Cap. 599 and Cap 599A, provide that if a health officer has reason to believe that an article (including an animal), is, or may have been, infected with a specified infectious disease, the health officer may order a disease control measure to be carried out in respect of the article or destroy the article.

Obstructing, or assisting to obstruct a health officer from performing their function is a criminal offence and offenders are liable on conviction to a fine of HK$5,000 and to imprisonment for 2 months.

The recent amendments provide clear regulations requiring the owner of an article (including an animal) to surrender the article upon a health officer’s direction. The maximum penalty for non-compliance is HK$10,000 and imprisonment of 6 months upon conviction (see section 3 and section 7 of Cap. 599).

The implications are that in future the public or animal welfare groups may face serious penalties if they are found to obstruct or not comply with the directions of health officers in relation to the seizure of pets.

cap599- pet definition

Additional reporting images: www.hkalpo.com

Free Travel on MTR, Bus, Trams on 19 December

Even though almost everyone who wants to vote can easily walk to their polling station the government (scared of a low voter turnout?) has arranged free travel for all on Sunday 19 December, LEGCO election day.

“Members of the public will be able to enjoy free rides on the MTR, franchised buses and the tram.”

As the government puts it: “The above-mentioned public transport operators will provide free rides from the first to the last departure on that day. Services will be maintained at the normal level and be enhanced for busier routes and during peak periods subject to passenger demand and actual traffic conditions. The public transport operators will separately announce further details of the arrangement.”

The exact details of the free travel will be confirmed by the relevant companies.

The Regime That Devours It’s Young Souls – Testimony of a Journalist

I was one of the journalists stationed at the Legislative Council last night. As I write, the government has just called a press conference at 4 am. It is not hard to imagine how, by the morning, public opinion would sway against their favour thanks to the propaganda machine, and young protestors that occupied LegCo will have been labelled as “rioters”. Therefore, allow me to document here what I witnessed so that the public could gain a different perspective of the events.

https://www.facebook.com/RTHKVNEWS/videos/353449915337426/

At around 9 pm, the doors of LegCo’s main entrance were pried open. As we walked into the building, the stench of rotten eggs wafted through. Scattered on the ground were shattered glass and miscellaneous items. The young people and the journalists swarmed in, both going for the first floor by the escalator.

Located on the first floor of LegCo are the chamber and the ante-chamber, where lawmakers usually rest during work days. The sofas made for legislators had then become a place for the young people to rest their heads. Graffiti can be seen across the walls, there is a display within the cupboard.

One of the protestors reached for those items and was at once stopped by another who shouted, “Really, stop messing around!” “We are here to occupy, not to do damage,” said another as they went down the stairs. The first protester, as if they had been misunderstood, replied: “I just thought that it’s already damaged”. Others quickly retorted, “and that’s exactly because someone did it! Seriously, don’t touch anything!”

After a while, when we went back to the ante-chamber, there were four notes on the cupboard, which read “DO NOT DAMAGE”, and the items inside were totally unscathed. The same thing happened in the restaurant located on the foyer. Some of them took drinks from the fridge and left cash, careful to indicate with memos on the fridge that it was not a theft.

There was never a large crowd in the chamber—half of them were journalists, and some others were lawmakers. Fernando Cheung was there all night. And then it was what you see on the TV—graffiti, words in black spray paint. Outside the frame, someone dropped what appeared to be a metal plank, letting out a loud clang, but was immediately reminded “not to recklessly damage things”.

Amongst the portraits of LegCo Presidents, those of Andrew Leung, Jasper Tsang, and Rita Fan were taken down. Taking their places on the wall were the words of “YOU ASK FOR IT”. While the portraits Andrew Wong and John Joseph Swaine were, by some stroke of luck, left intact on the wall.

Deep into the night, debates and discussions on whether to leave or stay intensified. Pan-democrat legislators returned to the chamber, hoping to communicate with the young people there. The latter expressed clearly that they wanted to replicate Sunflower Movement, while others mentioned that they hoped the presence of lawmakers or other “adults” with certain leverage, who could stay with them and watch over them, would deter the police from taking disproportionate actions. They had indeed planned to occupy the chamber for an extended period of time at first, some even proposing setting up “scouts” and lines of supplies, or seeking help from “tech-saavy protesters who could operate the mics in the control room”.

They weren’t fearless. When someone shouted “the police are here” from the outside, they would panic and start running. After a while, when they realized it was a false alarm, they would start shouting “stay calm” and “don’t spread fake news” among themselves.

What really got the discussion going was a young man. Before that, there were already constant debates in the room on whether to leave or stay, but then this young man stood up and took off his mask. He yelled to the crowd things like, “We can’t afford to back down anymore”, “if we leave now, we are affirming CCTVB’s denunciation of us as ‘rioters'”, “we will be relentlessly hunted down and arrested; once we fall everyone will gloat”, “civil society will regress by 10 years”. He called for people to stay, while others applauded. When protesters reminded him to put his mask back on, he responded, “I took off my mask because there is nothing more to lose”.

But then shortly after this, there was a change of plans. Another young person spoke up, saying that help from prominent figures and lawmakers were vital to the Sunflower Movement, whereas the Hong Kong legislators here wouldn’t help them. “They care about their votes next year so much that there is no way they are going to help us”, “we’re the underdogs here, why should we sacrifice just so that they could capitalize on our moral appeal?” As this went on, another round of discussion kicked off. They had reached a certain level of consensus in the end, such as leaving after reading out the manifesto. But after reading out the manifesto, they drifted back to discussions, being extremely conflicted as to whether they should stay or leave.

The final decision was, 12 am would be the deadline for evacuation, as those at the frontline outside had negotiated with the police. Other than the several young people that insisted to stay, others would leave by then, while the frontline outside would buy them as much time as possible. Those who chose to stay gathered in front of President Podium and waited to be arrested. At that moment, it seemed that the dust had settled. Some of those who were prepared to get arrested took off their masks and were interviewed by the press.

But the discussion didn’t end here. They were still ongoing in the chamber, where someone proposed “If we leave, we leave together”; “we can’t leave them behind for the police”, while some said “I don’t care if this makes you think that I’m a ‘traitor’, but I’m going to say it anyway, why should we wait here to be arrested, why shouldn’t we leave”. Not only one but several young people started crying as they ask “why”.

Meanwhile, there were others coming in from outside LegCo, and there were reports saying that the cops were ready and people should leave. As crowds of protestors left, only those who braced themselves for the police remained.

The turning point came at around 10 minutes before 12am. Everyone thought this is going to be how things end, but all of a sudden, a dozen young people stormed into the chamber, chanting “we leave together, we leave together”. They grabbed those who had chosen to stay and dragged them out. StandNews’ live feed bore witness to this moment, in which one can hear the journalist asking several girls among the squad, “the 12am deadline is looming, aren’t you scared?” And the girls went, “all of us here are scared. But we have to get the four of them out, even if we’re scared because what we are more afraid of is not being able to see them again the next day”.

https://www.facebook.com/ThingsAtHongKong/videos/2147533238677447/

Although LegCo was cleared (only lawmakers and journalists remained), the police still behaved as if they were prepared for confrontation; I could smell the tear gas before I even left the building. Without goggles and face mask, I started coughing as I inhaled the gas. A girl who was retreating passed by and shoved a slice of lemon into my mouth (I didn’t know then that lemon could help one cope with tear gas).

The pan-democrats were present the whole time. When the police were clearing the scene, Roy Kwong was talking to the press in Harcourt Road, pleading the police not to go too far. Alvin Yeung was also in Admiralty Centre, helping to get people into the MTR station and leave. Au Nok Hin was running around with a loudspeaker…and some other pan-democrats were there, too.

The police cleared the scene with extreme restrained manner. They even asked if the journalists would like some water when they were pushed forward.

Above are my observations overnight. Are these young people rioters? Why did they charge? Had they acted wantonly or caused significant damage? You can decide for yourself.

But below is my take on this, which is totally subjective.

They have used force, damaged the building, and broken the law. But they had not caused wanton damage. All the damage they did was an expression of their deep dissatisfaction towards the norms, the establishment, and the regime. Many may say that they should not have done this because there were other alternatives. But to them, this was the last resort. Even if they never stop searching for a new way out, it’s only a matter of time before they could only turn to more perilous means. No one would ever storm into the LegCo Building for fun. People need to stop always accusing them of being incited. If you have ever listened to their discussions once, you’d realize they have really put thought into everything they did. They might be rough and imperfect ideas, but they were not easily manipulated by others either.

Before putting the blame on them, shouldn’t we first ask, why has a city that takes pride in being “civilized” driven a whole generation into the brink of mental collapse? Even deaths? Hope was slowly extinguishing before their eyes. They have done almost everything, from civil disobedience to forceful break-ins, even death for the cause. They have done what we as adults wouldn’t do or wouldn’t dare do.

But the regime stands unmoved and has shown no sign of mercy. It shuts its eyes to all their demands, knowing clearly that its unresponsiveness will only further anger the young people, pushing them towards more radical extremes. So when finally the young stormed into LegCo, and the government decided to issue a condemnation at 4am, to emphasize “the Rule of Law”, manipulate public opinion through mass media, and brand the young as rioters. What kind of regime is this, hiding behind a fig leaf called “the Rule of Law”? It knows that standing by idly and unleashing the police onto the young people will only end up in casualties and hatred on both sides, and yet it chooses to turn a blind eye to all this, using this deepening feud between the two as bargaining chips to prolong its stability. What kind of regime is this that exploits its peers and treats the future of our society like this?

For the young, freedoms, human rights, democracy, the Rule of Law, civil society, all these metaphysical values are, in reality, what they value as everything. Some would mock them, saying that they’ve buried their heads in books to the extent they’ve lost their minds. But please think further; every generation has its own unique pursuit. The last generation sought stable livelihoods and therefore worked frantically to improve their lives. This is a decent pursuit. But this is also exactly why, after the last generation’s hard work, when living conditions have improved tremendously, our children have embarked on the journey to seek ideals more than bread and butter. This is social progress.

Yet, they pursue these ideals in the face of merciless backlash from the last generation. The latter accuse the young of going onto the wrong path, as they fervently wish for the young to copy what they had done in their times to reach success. Isn’t this impending social progress?

On this night I honestly couldn’t see the young “rioting” (of course, the regime has also refrained from recklessly further defining the event). What I saw were simply kids willing to sacrifice themselves for the future of Hong Kong. They risked their careers. They didn’t go on trips or dates even though it’s summer, they chose to come out knowing that they might since then live forever in the shadow of being arrested, for they wish to defend what we as adults had failed to defend well. The means they resorted to might be immature and unrefined, sometimes reckless even…but whatever more mature means there are, they’ve already tried them. And we all bear witness to how effective it’s been.

As a 30-year-old, I am ashamed. We are supposed to protect our children, and yet now we are in their protection. They might be foul-mouthed, not gracious enough at times, and they might get into arguments when they see things they deem unjust. But this is because they really care. They really care about this place.

Lastly, to all the 30, 40, 50-year-old friends out there, before the young takes this city on as their responsibility, it should first be ours. The truth is, the society is largely run by the middle-aged and the elderly (just take a look at the ruling class). Can we promise ourselves? When the day comes that we take over this society, that we will not let it feed on our children any further?

Original: Kris Ching HKCnews.com
Translation: anonymous

We Entered Together, We Leave Together

As part of the protest against the extradition bill to China, protesters entered the Legislative Council (LegCo) building around 9pm. Most protesters decided to leave LegCo before midnight, when police action usually begins.

4 protesters decided to stay behind indefinitely and risk being beaten or shot, and 10 years in prison (protesters are often charged with ‘rioting’, which has a maximum sentence of 10 years).

While some protesters urged others to respect the decision of the 4 to sacrifice themselves, others disagreed and about 100 protesters returned to the LegCo chamber at 23:55 (video begins) and rescued/persuaded/urged them to leave, saying that ‘we entered together, we leave together’, ‘we leave no one behind’.

A reporter interviewed one of the those who returned, who appeared to be a young girl around the age of 14. The girl explained that they were fearful of police violence, but they were even more scared that they would lose the 4. She explained that if the 4 cannot leave, neither would they.

This happened yesterday, 1st July 2019.
Video: Facebook Live by The Stand News around 23:55.

Editorial: Court of Appeal Reject Oath Appeal

[gview file=”http://www.bcmagazine.net/wp-content/uploads/2016/12/CACV000224_2016.pdf”]

Today the Court of Appeal rejected the appeal of Yau Wai Ching, Sixtus Leung Chung Hang, and The President of The Legislative Council over their oath taking disqualification. The reasons are steeped in legalise but essentially amount to the fact that Legco and the HK courts are subservient to the Basic Law and that China can change and amend the Basic Law whenever and however it wants.

And that any amendments are how the law should have been read since it came into being on the 1 July, 1997. Thus if China ‘interprets’ the Basic Law and says that, for example, the HK Bauhinia flag is green, even though we can all see its red. Then the flag is green! And anyone who says otherwise can and will be sent to jail even if they said the flag was red in 1998 years before the new interpretation existed.

Given the judge’s very precise interpretation and reliance on the new wording of Article 104 then strictly speaking since 689 omitted the words Hong Kong from his oath then he should be also be removed from office (and have to hand back all the money given to him as he threw the vast majority of HongKongers under the bus). It won’t happen of course, there’s one rule for the entitled, rich and connected and another for everyone else.

The question is will the Court of Final Appeal (CoFA) stand up for the people of Hong Kong, who it must be pointed out freely chose and elected Yau Wai Ching and Sixtus Leung Chung Hang to represent them, and affirm that the laws of Hong Kong are worth the paper they are written on or do we live in the dictatorship that exists north of the border where ‘the law’ changes according to the daily whim and benefit of the Chinese Communist Party.

It’s unlikely as it would mean the CoFA having to make a ruling on the Basic Law and having to decide whether China can amend (and make no mistake this ‘interpretation’ is an amendment) and make the amendment retrospective (as the Court ruled regarding ‘interpretations’ in 1999), whenever they want. Much as I respect the members of the CoFA I doubt they are willing to do that.

As I’ve said before, for those HongKongers who love China so much, you’re free to move there. Just remember that anyone who gets rich in China moves their money out of China as quickly as possible, chooses to educate their children in England, USA or Hong Kong and goes to medical clinics overseas whenever they can. If the China the CCP supporting Chinese have created is so wonderful, why are they so keen to leave?

Why the Secrecy?

Obfuscation and non-answers cast doubt on honesty and truthfulness. So why the secrecy? If the opinion poll is accurate and CY Leung is happy enough with it to quote the results and use it to justify his policies… Why won’t the government publish details of poll it says shows majority of public back its universal suffrage proposal?

In Legco Frederick Fung wanted to know why and asked the following questions. He received a written non-reply by the Secretary for Constitutional and Mainland Affairs, Mr Raymond Tam, in the Legislative Council on March 18:

Question:
It has been reported that on February 28 this year, the Chief Executive (CE) told reporters that the results of a public opinion survey recently commissioned by the Government showed that more than half of Hong Kong people were agreeable to the selection of CE by universal suffrage in 2017 to be implemented in accordance with the Decision made by the Standing Committee of the National People’s Congress on August 31 last year on issues such as the selection of CE of the Hong Kong Special Administrative Region by universal suffrage. Yet, he did not provide any details of the public opinion survey. Some members of the public have complained to me that the Government has recently disseminated results of public opinion surveys to the media in a selective or incomprehensive manner from time to time, making it difficult for them to judge the credibility of such survey results. They also query that the employment of such a practice by the Government was an attempt to manipulate public opinion.  In this connection, will the Government inform this Council:

(1) of the details of the aforesaid public opinion survey regarding (i) the organisation commissioned to conduct the survey, (ii) the content of the questionnaire, (iii) the method and form of the survey, (iv) the number of respondents and the response rate, (v) the distribution of age, gender and political attitude of the respondents, (vi) the raw data, and (vii) the analytical results of the survey data;

(2) whether it has assessed the consequences of CE selectively disseminating a particular result of the aforesaid public opinion survey, including whether it has resulted in the credibility of the survey results being questioned and the Government being accused of manipulating public opinion; if it has not assessed, of the reasons for that; and

(3) whether it will consider disclosing concomitantly the relevant details when it disseminates the results of Government-commissioned public opinion surveys in future; if it will not, of the reasons for that?

Reply:
President,
In consultation with the Chief Executive’s Office and the Central Policy Unit (CPU), our reply to the questions raised by Hon Fung is as follows.

The opinion poll which the Chief Executive referred to on February 28 was conducted by a professional agency commissioned by the CPU. The CPU commissions professional research agencies to conduct opinion polls on major social, economic and political issues from time to time. Such polls are for Government’s internal reference only, and relevant details are generally not made public.

link to the official Lego release http://www.info.gov.hk/gia/general/201503/18/P201503170712.htm

Umbrella Movement: Day 100 – 5 January, 2015

http://bcmagazine.smugmug.com/Bcene-photos/2015/Umbrella-Movement-5-January/46776750_7JsSn4#!i=3805228029&k=ddt39V9

Day 100…
Yesterday’s Lennon Wall Chalking in support of the 14 year old protestor that the police want removed from her family and placed in care has been crudely washed away. Why crudely, because symptomatic of the general decline in the quality of work carried out by HK’s civil servants and those contracted to it – the cleaning is only partial done and the graphics are still visible.

The tented protest area continues to grow with over 100 tents with 100+ regulars staying every night and more staying when they can.

http://bcmagazine.smugmug.com/Bcene-photos/2015/Umbrella-Movement-5-January/46776750_7JsSn4#!i=3805226326&k=dLbD2K8

http://bcmagazine.smugmug.com/Bcene-photos/2015/Umbrella-Movement-5-January/46776750_7JsSn4#!i=3805230958&k=DMwLLmP

http://bcmagazine.smugmug.com/Bcene-photos/2015/Umbrella-Movement-5-January/46776750_7JsSn4#!i=3805233496&k=cRHZ9Mp

http://bcmagazine.smugmug.com/Bcene-photos/2015/Umbrella-Movement-5-January/46776750_7JsSn4#!i=3805229283&k=rtcvD8V

http://bcmagazine.smugmug.com/Bcene-photos/2015/Umbrella-Movement-5-January/46776750_7JsSn4#!i=3805231479&k=6nVNxvv

Statement from Kids’ Dream, a Child Rights Group about Chalk Girl’s Detention

kidsdream.org.hk

31st December 2014

Hong Kong has been going through a challenging time since the launching of the ‘Umbrella Movement’. Different stakeholders seize the chance to express their views in different forms, children no exceptional. A 14-year-old child drew flowers on the ‘Lennon Wall Hong Kong’, but her freedom of expression is not being respected.

We question the procedures of police handling the child. As children, we thought that detaining a child for 17 hours, as reported by the media, is way too much for a 14-year-old child. According to article 37b of the UNCRC, effective in Hong Kong since 1994 states, “The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time.” We also request an explanation from the law enforcers for their disproportional force applied to the child during arrest.

Secondly, we seek to reinforce the importance of upholding ‘the best interest of the child’ principle in any legal case involving children. The magistrate decision to send the child to ‘children’s home’ for more than half a month, which would separate her from her parent and schooling. We hope this decision is made based on the principle of ‘best interest of the child’ in the full knowledge of all circumstances. ‘Best interest of the child’, according to the UN guidelines, should consider aspects in the following checklist:

(a) the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
(b) his/her physical, emotional and educational needs;
(c) the likely effect on him/her of any change in his/her circumstances;
(d) his/her age, sex, background and any characteristics of his/her which the court considers relevant;
(e) any harm which he/she has suffered or is at risk of suffering;
(f) how capable each of his/her parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his/her needs;
(g) the range of powers available to the court under this Act in the proceedings in question.

In a child’s perspective, we are aware of that the separation of her and her parent might not meet the standard of point (b), (c). Besides, we are also concerned about whether the child is fully informed of her rights in the court and given the chance to express her opinions. We hope that the authorities concerned will explain to the public the rationale of the handling procedures of this case.

Thirdly, the UNCRC entitles children’s freedom of expression. ‘The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice’, Article 13 clearly states. We urge the government to ensure that there are sufficient and effective channels for children to express their views.

Moreover, after this issue, children may be discouraged to exercise their freedom of expression. In children’s perspective, we are afraid that we would face similar consequences the girl faces. Therefore, we wish to highlight that children’s right to expression should not be deprived of for any political reasons.

Children have the rights to participate in socio-political activities and express themselves in a comfortable way. They deserve effective channels to speak up for themselves. We hope stakeholders of society, including law enforcers, justice authorities, and the community will safeguard children’s rights to expression hand in hand.

KIDS’ DREAM

Kids’ Dream is the first child-led organization established in 2006 with members mainly aged below 18. We aim at promoting the United Nations Convention on the Rights of the Child and children’s rights. We advocate “Children speaking for Children” across issues related to 1.1 million children aged under 18 in HK. www.kidsdream.org.hk/