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Pro-democracy Arrests Condemned by International Legal Community

The International Bar Association’s Human Rights Institute (IBAHRI) issued a statement of concern regarding the arrest of 15 leading pro-democracy leaders yesterday. Here is the statement in full:

The international legal community is seriously concerned by the arrest of 15 veteran pro-democracy figures in Hong Kong on Saturday 18 April 2020. In what appears to be a further clampdown on civil liberties and democracy following the 2019 protests, which began over the introduction of a controversial extradition bill, those arrested today include senior figures in the pro-democracy movement. These include lawmakers, party leaders and lawyers such as the democratic politician and legislator, Martin Lee QC who was also involved in the drafting of the Basic Law, the media owner, Jimmy Lai, and the barrister, Dr Margaret Ng. In October of last year, Margaret Ng and Martin Lee were jointly awarded the International Bar Association’s Human Rights Award for their lifelong defence of freedom, democracy and the rule of law.

The arrests are purported to be based on suspicion of organising and taking part in ‘unauthorised assemblies’ on 18 August, 1 October and 20 October 2019, pursuant to the Hong Kong SAR Public Order Ordinance. No explanation has been reported for the apparent delay between those protests and the timing of today’s arrests. The leaders of the Hong Kong pro-democracy movement have long argued for their rights to peaceful assembly and protest to be exercised without the need for consent from the authorities.

The right to peaceful protest is protected under the Joint Declaration and the Basic Law. As part of the ‘One Country, Two Systems’ policy, the Hong Kong Basic Law guarantees freedoms that are not available to those in mainland China until 2047. Hong Kong residents are guaranteed the rights to ‘freedom of speech, of the press and of publication; freedom of association, of assembly, of procession and of demonstration’. Article 21 of the International Covenant on Civil and Political Rights (“ICCPR”) provides that “[t]he right of peaceful assembly shall be recognised.” The Basic Law expressly preserves the ICCPR as applicable to the Hong Kong Special Administrative Region. The State has a duty to protect and facilitate such protest, and the Public Order Ordinance must be implemented in conformity with Hong Kong’s obligations under the ICCPR.

Following growing concerns of eroding civil liberties and the rule of law in Hong Kong, the 2019 protests have been unprecedented in their scale and reach and have led to physical violence by authorities, as well as a regrettable violent response by a minority of demonstrators. Excessive crowd dispersal techniques have been used by the authorities, including the dangerous use of tear gas, water cannons, firing of rubber pellets, pepper spray and baton charges by the police to disperse pro-democracy demonstrations, and there is reliable evidence of violence upon arrest. No proper investigation into excessive force has taken place and indeed calls from the international community, including the United Nations High Commissioner of Human Rights, have been rejected.

Today’s arrests demonstrate the continued assault on the freedom of expression and right to assembly in Hong Kong. Indeed, we are gravely concerned that the arrests of senior lawyers and legislators who set out to protect human rights in a non-violent and proportionate manner, and pursuant to both rights granted in both domestic and international legal frameworks, represent an assault on the rule of law itself. The United Nations Human Rights Committee has repeatedly expressed concern that charges of ‘unlawful assembly’ against peaceful protesters in Hong Kong risks violating human rights. The arrest of a prominent media owner also sends a chilling message to those whose journalism is vital to a free society.

It is critical that authorities do not use their powers to encroach on fundamental human rights, and it is vital that legal systems continue to protect citizens from any abuse of power which may otherwise be unseen during the COVID-9 crisis in which the international community is submerged.

We strongly urge the Hong Kong authorities to immediately release the 15 individuals arrested and drop all charges against them. Moreover, we call on the authorities to discontinue such politicised and targeted prosecutions immediately and urge the Hong Kong government instead to engage in constructive dialogue with the leaders of the pro-democracy movement to foster a climate in which their legitimate concerns over democracy and human rights can be met.

Horacio Bernardes Neto
President, International Bar Association

Baroness Helena Kennedy QC
Director, International Bar Association’s Human Rights Institute

Amanda Pinto QC
Chair, Bar Council of England & Wales

Schona Jolly QC
Chair, Bar Human Rights Committee of England & Wales

Saman Zia-Zarifi
Secretary General, Bar Human Rights Committee of England & Wales

Hong Kong Protests: Wanchai – 15 September, 2019

Sunday’s protest march against the China Extradition Bill started slowly but became another massive peaceful demonstration by HongKongers of all ages against Carrie Lam and her government’s policies.

Later in the day, some protestors vented their frustration agaisnt their MTR choosing Beijing over it’s Hong Kong passengers and the MTR’s allowing the HK police to beat and assault members of the public on MTR trains for no reason.

For more images click here or on any photo below

https://bcmagazine.smugmug.com/Bcene-photos/2019/Hong-Kong-Protests-Wanchai-15-September-2019/i-828hxB3

https://bcmagazine.smugmug.com/Bcene-photos/2019/Hong-Kong-Protests-Wanchai-15-September-2019/i-VKQL8sT

https://bcmagazine.smugmug.com/Bcene-photos/2019/Hong-Kong-Protests-Wanchai-15-September-2019/i-KnmswM5

https://bcmagazine.smugmug.com/Bcene-photos/2019/Hong-Kong-Protests-Wanchai-15-September-2019/i-rJjVTQT

5:58 – 28 September, 2nd Anniversary

https://bcmagazine.smugmug.com/Bcene-photos/2016/5-58-2nd-anniversary/i-QRbHDWV

5:58 when para-military police in green army style fatigues and armed with shotguns and semi-automatic rifles advanced on thousands of peaceful HongKongers and without warning opened fire with tear gas and started pointing rifles at those advocating democracy.

5:58 when HongKongers respect and faith in the police disappeared.

5:58 when Beijing exposed the reality behind the facade of one country two systems.

87 canisters, a gift from 689 to those who wish to stop him destroying the city and people he’s supposed to lead.

87 a blunt statement that nepotism, cronyism and corruption are the way of the future and free speech and democracy a thing of the past

Two years have passed, but none forget. We’ll be back!

https://bcmagazine.smugmug.com/Bcene-photos/2016/5-58-2nd-anniversary/i-Pm6jpG8

https://bcmagazine.smugmug.com/Bcene-photos/2016/5-58-2nd-anniversary/i-VvBBk37

https://bcmagazine.smugmug.com/Bcene-photos/2016/5-58-2nd-anniversary/i-vMkVfLp

https://bcmagazine.smugmug.com/Bcene-photos/2016/5-58-2nd-anniversary/i-dHzVQnW

https://bcmagazine.smugmug.com/Bcene-photos/2016/5-58-2nd-anniversary/i-R6gLTXH

https://bcmagazine.smugmug.com/Bcene-photos/2016/5-58-2nd-anniversary/i-M2R3vBJ

https://bcmagazine.smugmug.com/Bcene-photos/2016/5-58-2nd-anniversary/i-5xK4KGn

Click on any photo for more images.

Police Ramp Up Scare/Intimidation Tactics!

Where are HK Police getting their strategy plans from? Could it be the People's Armed Police and their Tibetan strategy? — Where are HK Police getting their strategy plans from? Could it be the People’s Armed Police and their Tibetan strategy?

The Hong Kong Police really are showing that they come from the Tibet/Xinjiang school of policing now rather than any sensible rational approach. The top brass at HKPF have met and are now sending out what they think is a ‘scary’ message that groups of just three people could be arrested for public disorder offences. Plus, if that doesn’t scare people enough, they’ll bring out the big-bad, anti-terrorist PTU teams again.

YAWN!

This new draconian approach will change nothing in Hong Kong politically other than to highlight more of the contradictions and fractures within society.

The police neither have the ability or the judgement to discern fairly who represents a public order nuisance and who doesn’t. Gangs of violent, Blue Ribbons, will still roam free while the police target people based on the assumption that they oppose the government politically. This will be their only mandate for implementing these new measures or,

Are you a young person, that sympathises with the new wave of political protest in Hong Kong? If yes, proceed to intimidation, arrest and physical violence if required.

Religious festival in Amdo, Tibet. If Andy Tsang and CY get their way, is this what protests in Hong Kong will look like?

This is political persecution at its finest. Young HongKongers are now on the same par as Tibetans or Uighurs within the Great, Chinese Motherland; unable to raise their voice without facing overwhelming intimidation from the security forces.

After all, the police don’t need this new law to stop people from kicking over carts or acting violently. They can arrest people for this type of action whenever they see it. We do have extensive criminal laws and fairly impartial Courts in Hong Kong! But alas, these really don’t function too well when you’re in the business of political persecution.

Instead, just like during Occupy, Andy Tsang is formulating police strategy based on quelling a popular, political message that is in opposition to a malign government. It never works Andy, stop masturbating over all the weapons and gear you think you need and read some real history for once. What kind of path are you walking on when you now choose the same style of policing as Lhasa or Urumqi?

The sad fact is that these types of measures are only ever enacted by the most embattled of illegitimate governments protected by deranged and out of touch police forces in order to scare people off the streets. Or, screw the lid down tighter, allow no form of dissent and let’s carry on as though everything is ok. More popular outrage can only be met with more oppression.

The reality is that Hong Kong has a goon police force that has doubled down on a goon government and the people are not scared any more. The more force the goon government orders, the more powerful Hong Kong people get.

So, bring your draconian laws and your elite PTU, it only makes the people stronger and the government weaker!

As Albert Camus said, “The only way to deal with an unfree world is to become so absolutely free that your very existence is an act of rebellion.”

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

Professional Groups Publish Advert Protesting the Government’s “Abuse” of TV API’s to Push it’s Political Agenda

These five professional groups Frontline Tech Workers前線科技人員議政小組, Médecin Inspirés 杏林覺醒, Progressive Lawyers Group 法政匯思, Progressive Teachers’ Alliance 進步教師同盟, Reclaiming Social Work Movement 社工復興運動 took out and advert to protest about the government’s abuse of the television “Announcements in the Public Interest” (API’s) program to promote the governments position on political reform.

The text of the advert reads:

Joint Statement on the Government’s Misuse of Announcements of Public Interest

1. The broadcasting of political advertisements is unlawful in Hong Kong. A broadcaster was penalised for carrying advertisements advocating universal suffrage as part of the 2010 electoral reform process.

2. The Government requires radio and television broadcasters to broadcast “Announcements in the Public Interest” (“APIs”) for free. Typical APIs include messages such as those involving public health, road safety or weather information like a typhoon or rainstorm.

3. In recent months, the Government has required radio and television broadcasters to air the following advertisements without payment as if they were APIs:
(a) “有票，真係唔要” (Your Vote, Don’t Cast it Away!) from 7 August 2014;
(b) “有票，梗係要” (Your Vote, Gotta Have It!) from 2 September 2014; and
(c) “2017 機不可失” (2017, Seize the Opportunity) from 10 January 2015.

4. These advertisements are different from APIs. They carry a strong bias to advance the Government’s political position on electoral reform, to the exclusion to any other position. They are neither factual nor educational. These advertisements are no different from the unlawful political advertisements referred to above.

5. As such, these advertisements are not APIs. They are unlawful political advertisements which cannot be broadcast on radio or television. The Government’s unlawful abuse of its exclusive powers to broadcast APIs has also unjustly distorted the public debate on electoral reform.

6. We therefore condemn the Government’s broadcast of political advertisements under the guise of APIs. It must cease doing so immediately. To continue do so is not only unlawful, but also hypocritical in light of the Government’s recent repeated insistence upon “acting in accordance with the law”.

Frontline Tech Workers前線科技人員議政小組
Médecin Inspirés 杏林覺醒
Progressive Lawyers Group 法政匯思
Progressive Teachers’ Alliance 進步教師同盟
Reclaiming Social Work Movement 社工復興運動

Three More Corrupt Hong Kong police!!

Hong Kong’s Finest – Not!!! – These three Hong Kong policemen framed innocent people
The 3 cops tried to frame ‘the protesters’ in Mongkok. Said they were assaulted by the protesters but in fact they just picked on innocent people. The defending lawyer pointed out that the evidences given are controversial. One of the cops even admitted he has given false statements 14 times before and had been disciplined for falsifying reports.

The days of being hailed as Asia’s finest as sadly long gone.

And it is sad!

We Will Be Back – When?

Definitions:
Peaceful – not involving violence or force
Radical – favouring drastic political, economic, or social reforms
Fanatical – filled with excessive and single-minded zeal.

The big question is, have Hong Kong’s protests become more radical? The simple answer, by looking at a photograph of September 28th is categorically NO.

We can see there is a significant proportion of people who are engaging in what some would describe as radical actions, or, putting pressure on the police to remove the political line they are holding and let the masses assemble outside their government to protest.

Behind them we can see a throng of so called peaceful protesters, or those, that wouldn’t dream of confronting the police, but wish to register their political discontent in a way that is absent of violence or force.

Here, the police line is described as fanatical, or overly excessive and single minded. This is an inarguable description of them. It was overly excessive of them to fire 87 rounds of tear gas and walk upon the streets of Hong Kong with automatic weapons. Their single mindedness to pursue a plan of intimidation without giving much thought to other possible outcomes, shows without doubt their fanaticism.

To this day, nothing much has really changed in the make-up of the groups. some radical protesters have behaved badly, mainly due to lack of leadership. Some police have behaved badly, mainly due to lack of leadership.

The only significant thing that has changed is that the peaceful protesters packed up and went home after the 79day Occupy and have not come back out again on a regular basis.

Why is this?
Maybe it’s for fear of being accused of being a radical or being scared of being abused by the fanaticals. Who can say?

But when the Occupy ended, everyone revelled in the new motto, “We’ll be back.”
Well, when is that?

If you truly want to create change you need to do it regularly, every week. Not every third Tuesday in a month when the moon is blue.

There isn’t going to be another Occupy, the fanaticals are now too violent to let you settle in anyone place ever again. But this doesn’t mean that every weekend you can’t peacefully show your discontent in huge numbers. Being too scared to protest for fear of being accused of being radical didn’t bother anyone on 28th September, so why should it now?

If the police are to be believed, they fired the first canisters of tear gas because of the radical actions on the frontline, the Umbrella Movement, is born from radical action and made powerful by peaceful protests.

The radicals are still out there!
The fanatics are still out there!
Where are peaceful protesters?