HKCT Review 2020: July to September 2020
1 July 2020 marks the first day of a new era - Hong Kong under the effect of the national security law for Hong Kong (HK NSL). From July to September 2020, many events considered unthinkable by many happened in Hong Kong; the ban of the annual pro-democracy protest, people arrested for what they said or what banner they carried, the raid of a newsroom, Hong Kong political activists fleeing Hong Kong for safety, and some caught by Chinese Coast Guards… When protests did not seem a possible means to express one’s stance, the Legislative Council general election 2020 was something many Hongkongers looked forward to. Yet, it was faced with unprecedented states of affairs.
1-July protest
First arrests related to the national security law were also made on the first day HKNSL took effect. The police said on that day 6 males and 4 females were arrested for offences related to HKNSL that day (https://facebook.com/hkcolumn/posts/2688759524674763), although some arrested on that day were released on bail (https://facebook.com/hkcolumn/posts/2689573047926744), not all of them were.
One of those denied bail was Tong Ying-kit, 23yo. He was seen riding a motorbike on 1 July, flying a banner with the slogan that “connotes ‘Hong Kong Independence’, according to a government statement the next day (2 Jul) (https://facebook.com/hkcolumn/photos/a.1446445815572813/2689555551261827/). The police said Tong “rammed into police officers who were on duty nearby” (https://facebook.com/hkcolumn/posts/2688602724690443 ). Tong was charged with terrorism and inciting secession; he was the first person charged with an offence related to HKNSL (https://facebook.com/hkcolumn/photos/a.1489251731292221/2690117731205609/).
HKNSL’s effects shortly after 1-July
Besides the arrests made on 1 July and that Metropark Hotel Causeway Bay was transformed into the temporary base for Office for Safeguarding National Security of the CPG in the HKSAR (https://facebook.com/hkcolumn/posts/2693752037508845), books suspected to violate the new law were no longer available from public libraries within days after the law took effect. The books removed included those penned by former Demosisto secretary-general Joshua Wong, former lawmaker Tanya Chan and scholar Chin Wan (https://facebook.com/hkcolumn/posts/2690842541133128).
Political activists flee HK; 6 wanted by police for HKNSL offences
Following the enactment of HK NSL, political activists announced their flee out of Hong Kong. Those who fled included Nathan Law, who announced leaving Hong Kong on the 2nd day after HKNSL took effect (https://facebook.com/hkcolumn/posts/2689550007929048). He later confirmed having arrived in London, United Kingdom (https://facebook.com/hkcolumn/posts/2698329507051098). Honcques Laus, 18yo, chairman of Hongkonger Utilitarian Party, said in late July that he went to the UK at the end of June to seek political asylum. He said when he was in secondary school, he raised “independence” slogans from his tablet when taking a photo with Carrie Lam in 2017, and published a book supporting independence last year. He also formed Hongkonger Utilitarian Party in late June 2019. He expected himself to be persecuted under the National Security Law so he was determined to leave Hong Kong (https://facebook.com/hkcolumn/posts/2711647725719276).
In late July, the government announced that Law and Law were among the 6 wanted by the Hong Kong police on suspicion of secession or colluding with foreign forces under the HKNSL. The other 4 wanted are Wayne Chan Ka-kui, Samuel M. Chu, Simon Cheng and Ray Wong Toi-yeung (https://facebook.com/hkcolumn/photos/a.1446445815572813/2712764038940978/). Law declared his severing of ties with his family after being listed on the wanted list (https://facebook.com/hkcolumn/photos/a.1446445815572813/2712944442256271/)
BN(O)
On 1 July, UK Foreign Secretary Dominic Raab announced the plan for granting British National (Overseas) passport holders 5 years limited leave to remain, with the right to work or study, and after 5 years, the ability to apply for settled status. (https://facebook.com/hkcolumn/posts/2688655628018486)
Following the enactment of HKNSL, Britain announced details of the BNO immigration scheme on 22 July (https://facebook.com/hkcolumn/posts/2705471556336893). The Hong Kong government expressed dissatisfaction at the policy (https://facebook.com/hkcolumn/photos/a.1489251731292221/2706826686201380/). Beijing reacted strongly against this new policy, saying that they might consider not recognising BNO as a valid travel document (https://facebook.com/hkcolumn/posts/2706032309614151). Pro-Beijing politicians in Hong Kong speculated the consequences of China’s retaliation on this policy of Britain: lawmaker Regina Ip said BNO owners might be unable to return to Hong Kong or travel to China if China stopped recognising it as a valid travel document (https://facebook.com/hkcolumn/posts/2708388456045203), and Hong Kong’s sole NPCSC delegate Tam Yiu-chung, said BNO holders may lose their identity as a permanent resident of Hong kong and as a Chinese national (https://facebook.com/hkcolumn/posts/2711856912365024).
(See also:
Australia announced new visa arrangements for Hong Kong passport holders on 21 Aug:
US’s Sanction of Hong Kong officials (7 Aug)
The US Treasury announced in early August, the sanctioning of 11 individuals: Chief Executive Carrie Lam, Commissioner of Police Chris Tang, Former Commissioner of Police Stephen Lo, Secretary for Security John Lee, Chief Secretary for Justice Teresa Cheng, Secretary for Constitution and Mainland Affairs, Erick Tsang, HKMAO director Xia Baolong, HKMAO deputy director Zhang Xiaoming, director of Liaison Office Luo Huining and director of Office for Safeguarding National Security in Hong Kong.
They said in their statement that “the recent imposition of of draconian national security legislation on Hong Kong has not only undermined Hong Kong’s autonomy, it has also infringed on the rights of people in Hong Kong, allowing mainland China’s security services to operate with impunity in the region, mandating “national security education” in Hong Kong schools, undermining the rule of law, and setting the groundwork for censorship of any individuals or outlets that are deemed unfriendly to China.”
See also:
20:04 15 Aug: Carrie Lam's Honorary Fellowship in Cambridge REMOVED
22:17 15 Aug: Carrie Lam Retorts: She “Returns” Cambridge Honorary Fellowship
Jimmy Lai’s arrest & raid of Apple Daily (10 Aug)
In the early morning on 10 Aug, Jimmy Lai, founder of Next Digital which owns Apple Daily. Lai’s 2 sons, Timothy Lai and Ian Lai, and 4 management staff of the company, Wong Wai-keung (translit., executive controller), Ng Tat-kwong (animation general manager), and Cheung Kim-hung (CEO) and Holston Chow (CFO and COO) were arrested. Jimmy Lai, his sons and Chow were charged with collusion and conspiracy to defraud, while Wong, Ng and Cheung were charged with a count of conspiracy to defraud.(https://facebook.com/hkcolumn/photos/a.2720805748136807/2720686818148700/)
Later in the morning, more than 200 police entered Apple Daily’s headquarters and brought Jimmy Lai, who had his hands cuffed at the back, back to his office in the building. Apple Daily’s staff were required to register with the police before entering their offices, and only a few media companies were allowed to come close to the building for reporting.
Live videos filmed by Apple Daily’s staff show the police walking through cubicles, flipping through documents, plucking a paper here and there. The police searched Apple Daily for 4.5 hours, cordoned off some executive offices, including Lai’s, and took away about 30 boxes of evidence from the building. Apple Daily launched legal action against the police after the raid for the return of journalistic material, information professional privilege, and all other material not covered by the search warrant.
Our collection of reports on that day:
Snapshots of the search of Apple Daily:
13:27 Asked Whether Arrest "Political", Jimmy Lai: You Better Ask Police
13:58 Police took away hard drive
13:57 Cheung Kim-hung (Next Digital Executive) brought away
Report by Reuters on the search of Apple Daily:
Agnes Chow’s arrest; Nikkei’s HK office searched (10 Aug)
Chow later told reporters that the police investigators showed her an advertisement published on Nikkei about Hong Kong’s democracy movement in 2019 as one piece of evidence leading to her arrest (https://facebook.com/hkcolumn/posts/2740759536141428). 3 police officers also went to the Japanese media company, Nikkei’s office in Hong Kong for an investigation, although the police told Stand News that it was related to “dealing with property known or believed to represent proceeds of indictable offence” and was not related to the national security law.
Police arrest pro-democracy lawmakers for Yuen Long Incident last year (26 Aug)
More than 1 year after the 21-July Yuen Long incident, the police made arrests related to the incident on 26 Aug. Yet, the people they arrested were Lam Cheuk-ting, a Democratic Party lawmaker then, who was attacked on that night and was seen bleeding from his head (https://facebook.com/hkcolumn/posts/2734607876756594). A fellow member of the party and lawmaker then, Ted Hui, was also arrested in relation to an event in Tuen Mun Park on 6 July 2019 (https://facebook.com/hkcolumn/posts/2734575540093161). The police arrested 14 other people on the same day (https://facebook.com/hkcolumn/photos/a.1446445815572813/2734737200076995/).
That night, the police met with the press and called the incident on 21 Jul 2019 “a conflict between both sides”. They claimed that the situation deteriorated after the arrival of a lawmaker and the live broadcast of the incident online. The police officer also criticised a reporter, who he said filmed the incident from one side only, together with some narration, misled others to believe the incident was an “indiscriminate attack”.
Gwyneth Ho, a former reporter of Stand News, who filmed the 21-July Incident live and was assaulted on that day, spoke out against the police’s remarks. She questioned how a person being attacked could film themselves and whether it was an attack targeting reporters if it was not an indiscriminate attack (https://facebook.com/hkcolumn/posts/2734789453405103). Ho also said she walked from the east side of the ticketed area to the west side, and to every exit, she captured the white-clad, black-clad and everyone present, the only people she did not film were the police, who were not in the scene.” (https://facebook.com/hkcolumn/posts/2735112923372756) Critics slammed the police of re-writing history for the 21-July Yuen Long incident (https://facebook.com/hkcolumn/posts/2735126010038114).
12 Hongkongers
With the situation deteriorating day by day, some people with charges attempted to flee for Taiwan. It is learnt that some have departed earlier and successfully made it to Taiwan. On 27 Aug, a Weibo post by China Coast Guard said they intercepted a speedboat suspected of illegal border crossing in waters under China’s jurisdiction southeast of Guangdong at around 09:00 on 23 Aug (https://www.facebook.com/hkcolumn/posts/2735578756659506). Sources said then said there were 12 on the boat. Later, it was learned that the people on the boat were Andy Li Yu-hin (29yo), Quinn Moon (33yo), Tang Kai-yin (30yo), Li Tsz-yin (29yo), Wong Wai-yin (29yo), Cheung Chun-fu (22yo), Yim Man-him (21yo), Cheung Ming-yu (20yo), Kok Tsz-lun (18yo), Liu Tsz-man (18yo), Cheng Tsz-ho (17yo), Hoang Lam-phuc (16yo). The 12 have been detained in Yantian District Detention Centre.
Andy Li, a member of “Hong Kong Story” was accused of involvement the “Fight for Freedom. Stand with Hong Kong” group, which was involved in international lobbying efforts, he was arrested under HKNSL on 10 Aug and was released on bail. The other 11 were also previously arrested by the Hong Kong police, including 4, who were members of the “Dragon Slaying Brigade” group, which targeted the police and was allegedly involved in cases involving explosives. (https://facebook.com/hkcolumn/posts/2737318739818841)
As of today, neither the 12’s families nor lawyers appointed by them have been able to get in touch with them in person as of today. Many have been concerned about the situation of the 12 in detention. Families reported that medicines were not allowed to be brought to them. Some lawyers appointed by families have been rejected from have been pressured from taking the case. (https://www.facebook.com/hkcolumn/posts/2746453965571985). A lawyer rejected from seeing the 12 said the authorities told him that the 12 had already commissioned other lawyers, whom he believed were appointed by the officials. (https://facebook.com/hkcolumn/posts/2747072825510099).
(Also:
11 Sep: Lawyer Warned by Internal Security: Don't Take Up Case or Your Career to Be Ruined
In mid-Sep, the families of the 12 met with the press, and stated their 4 demands, namely: let family-appointed lawyers meet with the detainees, provide appropriate medications to the detainees as necessary, allow the detainees to call their families and that the Hong Kong government ensure that the rights of the Hongkongers are protected and to take them back to Hong Kong. (https://www.facebook.com/hkcolumn/photos/a.1446445815572813/2749486088602106/)
The families also went to the Police Headquarters later in the month to report the case and demanded the Hong Kong police to account for the process of the 12’s arrest, Marine Department to submit radar record of vessels that day as well as the patrol routes and locations of the Hong Kong marine police. (https://www.facebook.com/save12hkyouths/posts/131097235397374)
The Hong Kong government has been blasted for their passiveness in assisting the 12 they were even accused of their involvement in the arrest. Shortly after the news of the 12’s arrest, Commissioner of Police, Chris Tang, denied cooperating with Chinese Coast Guards and said they did not know of the incident. (https://www.facebook.com/hkcolumn/posts/2735700859980629) In early Sep, Chief Executive Carrie Lam said the suspects had violated Mainland laws and would be dealt with according to them (https://www.facebook.com/hkcolumn/photos/a.1489251731292221/2746105335606848/). That the case is out of the jurisdiction of Hong Kong, the Hong Kong government had no role to play and they would provide assistance whenever possible were the recurring themes in their subsequent responses to the incident.
With the 12’s case gaining attention from international society and US politicians, including Secretary of State Mike Pompeo expressing concern of the 12 detainees in mid-Sep (https://www.reuters.com/article/us-usa-china-hong-kong-idUSKBN262327), China demanded them to stop the “interference” and China’s MFA Hua Chunying tweeted that the 12 were not democratic activists but “elements attempting to separate Hong Kong from China.” (https://twitter.com/SpokespersonCHN/status/1304989967509151744)
Clash on 31-Aug; Pregnant woman dragged to ground
During the clash with the police on 31 Aug 2020, a pregnant woman was reported to have been pushed to the ground by the police. Her husband was also arrested for assaulting a police officer and the charge was later changed to disorderly conduct in a public place (https://facebook.com/hkcolumn/posts/2739695966247785).
Clash on 6 Sep; 12yo girl pinned to ground; Bus driver arrested
On Sunday (6 Sep), the day when LegCo election was supposed to be held, hundreds of protesters took to the streets in Kowloon. Not only did the police fired pepper pellets and arrested almost 300 people, but their action against a 12yo girl and their arrest of a bus driver also sparked an outcry.
Pamela (12yo) and her brother (20yo) were buying art supplies when the police cordoned off the area where the shop was in. Pamela ran in fright as she was faced with riot police, and the police then pinned her to the ground. Both Pamela and her brother were issued penalty tickets for violating the gathering ban as they said the police pulled a passer-by in and said the three were gathering.
(https://facebook.com/hkcolumn/posts/2744792789071436)
(Video showing Pamela pinned to the ground - may be distressing to some readers).
A bus driver of NWFB route 970 was one of the arrested that day. The police said he was driving in a high speed on Nathan Road and was honking in an "unreasonable" manner. He was later charged with dangerous driving, as well as possession of offensive weapons. NWFB Staff Union expressed dissatisfaction at the arrest, saying drivers would not normally speed up when they saw many people on the road, that honking was to warn people to stay out of danger in chaotic situation and that the “weapons”, which were a spanner and screwdriver were normally carried by bus drivers to adjust rear mirrors.
(https://facebook.com/hkcolumn/posts/2745436125673769, https://news.rthk.hk/rthk/en/component/k2/1548263-20200907.htm)
Tam Tak-chi arrested
On 6 Sep, People Power vice-chairman Tam Tak-chi, known as "Fast Beat" was arrested from his home on suspicion of uttering seditious words. He was later charged with holding or convening an unauthorised public meeting, disorderly conduct in public place and refusing to obey a police order. (https://facebook.com/hkcolumn/photos/a.1446445815572813/2744379672446081/) Besides the 3 offences, he was additionally charged with another count of "uttering seditious words” on 14 Sep. The charge said Tam Tak-chi had uttered seditious words at the junction of East Point Road and Great George Street in Causeway Bay on 24 May, i.e. words intended to bring into hatred or contempt, or to excite disaffection against the Hong Kong government, raise discontent or disaffection among Hong Kong people, rebel or to counsel disobedience to law or to any lawful order. (https://www.facebook.com/hkcolumn/posts/2751198988430816)
Hong Kong has separation of powers?
On 31 Aug, Secretary for Education, Kevin Yeung, made a remark that separation of powers did not exist now or before the Handover in 1997 (https://facebook.com/hkcolumn/posts/2739408296276552). On the next day, Carrie Lam backed Yeung in her meeting with the media before the Executive Council meeting. She said the Basic Law provided that Hong Kong’s high degree of autonomy was not full autonomy, and that Hong Kong is an executive-led system with the Chief Executive as chief over them; although administration, legislature and judiciary, play their own role and have checks and balances each other, eventually it was the Chief Executive who was responsible for the 3 branches and was held accountable to Beijing (https://facebook.com/hkcolumn/posts/2740051899545525).
Although the remark was backed by HKMAO, Liaison Office, Secretary for Justice, some government officials and pro-Beijing politicians, separation of powers in Hong Kong was in fact first mentioned in 1984 by Maria Tam (https://facebook.com/hkcolumn/photos/a.1446445815572813/2740343392849709/). Lawyers, groups and scholars have expressed concerns over the remark.
Also see our legal and judiciary review of 2020.
Supporting Carrie Lam’s remark:
Night, 7 Sep: HKMAO: Separation of Powers Never Exist in HK
Night, 7 Sep: Liaison Office: Cannot Override Executive-led System by Expanding Right of Judiciary under “Judicial Independence”; Using Separation of Powers to Deny Executive-led “Aims to Reject Beijing’s Overall Jurisdiction”
09:06 2 Sep: Ronny Tong: "Separation of Powers" Debate Pointless
10:07 2 Sep: Andrew Leung: 3 Branches Play Respective Roles
Morning, 2 Sep: Junius Ho: CE's Remark Invigorating
Morning, 5 Sep: Justice Sec: Shouldn't Focus on Labelling of Whether It's Separation of Powers
10:26 6 Sep: Law Chi-kwong: Term "Separation of Powers" Leads to Unnecessary Associations; "Checks & Balances" Is Better
06:30 22 Sep: Hong Kong’s separation of powers is subordinate to China, says Beijing legal scholar
Criticisms of the remark:
13:02 1 Sep: Dennis Kwok Slams Comments Dismissing Separation of Power as Ludicrous; Court of Final Appeal to Give Final Decision
21:15 1 Sep: Experts fear Beijing interference after Carrie Lam rejects separation of powers
Morning 2 Sep: Helena Wong: Separation of Powers to Be Murdered
2 Sep: Bar Association Concerned About CE & SED’s Remarks of “No Separation of Powers in HK”, Remarks Unfounded & Inconsistent w/ Provisions of BL
06:00 5 Sep: Former Hong Kong civil service chief slams Carrie Lam for ‘no separation of powers’ comment
14:05 5 Sep: Progressive Lawyers Group: Separation of powers is a longstanding common law principle and is enshrined in the Basic Law
7 Sep: Prof. David Law, Faculty of Law at HKU: It does sound like Carrie Lam is deeply confused or deeply mistaken.
Commentary:
Morning, 2 Sep: Carrie Lam Demonstrates ‘Rectification from Root of Problem”, No More Ambiguous Stance on Political System & Constitution
Made-in-Hong Kong?
On 11 August, the US published a notice that states the requirements that all goods made in Hong Kong will have to be labelled with “Made in China”. Secretary for Commerce and Economic Development, Edward Yau, in a press conference, condemned the requirement, and said it was “calling white black” (literal translation of Chinese idiom), inconsistent with the fact, and does not conform with the WTO’s regulation on product origin. He said the US’s unilateral, barbaric act ignores the fact, breaches the international convention, and warrants HKSARG’s strong condemnation and staunch opposition. (https://www.facebook.com/hkcolumn/photos/a.1446445815572813/2723348817882500/)
The Hong Kong government pursued this incident further in mid-Sep and said they wrote a letter to US trade representative Robert Lighthizer, saying Washington is infringing WTO rules and rights of Hong Kong as a separate customs entity by enforcing 'Made in China' tags for goods produced here. (https://news.rthk.hk/rthk/en/component/k2/1549933-20200916.htm)
US and UK ending transfer of fugitives
Following Britain’s announcement of the suspension of extradition treaty with Hong Kong on 20 July (https://facebook.com/hkcolumn/photos/a.1446445815572813/2703771529840229/), the Hong Kong government received a notice from the Consulate General of USA on 18 Aug on the suspension or termination of three bilateral agreements, namely the agreement for the surrender of fugitive offenders (SFO), the agreement for the transfer of sentenced persons and the agreement concerning tax exemptions from the income derived from the international operation of ships. The government condemned the US on this. (https://facebook.com/hkcolumn/photos/a.1446445815572813/2729289463955102/)
Primary election (11-12 Jul)
When expressing demands by means of a peaceful protest seemed to be a thing in the past, many put hope in the Legislative Council general election, which was supposed to be held in Sep 2020, for a chance to turn things around. With the aim of securing 35+ (more than half of) seats at LegCo, the pro-democracy camp hoped to seek consensus and coordinate for a name list for each election constituency to trump the proportional representation voting system. To do so, the pro-democracy camp decided to hold a primary election in July.
Before the primary election was held, a government official warned that the primary was unlawful, including violating Articles 20, 22 and 29 of HK NSL (https://www.facebook.com/hkcolumn/posts/2694664644084251). The pro-democracy camp also struggled with the logistics of holding the primaries, including finding venues to be polling stations, concerns of being disturbed by pro-Beijing people and violating the COVID-19 gathering ban. Despite the warnings and challenges, with offices of District Councillors turned into polling stations, the primaries were successfully held on 11-12 July. Over 600,000 voted: the unexpectedly high turnout rate surprised many.
The government expressed a headline stance on the primary election afterwards, alleging that it caused unfairness to the upcoming election and suspected it breached the gathering ban and privacy (https://www.facebook.com/hkcolumn/posts/2116-13-jul-cmab-hardline-stance-on-primaries-ce-simply-calls-2-days-of-activiti/2698218133728902/). A Chinese scholar from Beijing’s think tank also alleged that the primaries were illegal (https://www.facebook.com/hkcolumn/posts/2700393830177999). The results were announced on Monday following the primary election, with many younger “protest camp” candidates obtaining high number of votes (https://www.facebook.com/hkcolumn/photos/a.1446445815572813/2698208137063235/).
Pro-democracy LegCo Hopefuls Disqualified
After the LegCo hopefuls submitted their nominations, 12 pro-democracy LegCo election candidates consecutively received a letter from Returning Officer in late July. The letter quoted the candidates' past words and actions, and demanded that they explain their stance on various issues, including seeking sanctions on Hong Kong by foreign governments, the National Security Law, and Hong Kong independence. Also, there was the question of whether one could uphold the Basic Law while he/she forces the government to fulfil the Five Demands. The hopefuls who received the letter were: Civic Party’s Alvin Yeung, Cheng Tat-hung, Kwok Ka-ki, Dennis Kwok, Kenneth Leung of the Professional Guild, Southern District Councillor Tiffany Yuen, Central and Western District Councillor Fergus Leung, former Stand News reporter Gwyneth Ho, spokesperson for Civil Assembly Team Ventus Lau, then spokesperson for Hong Kong Higher Institutions International Affairs Delegation Sunny Cheung, former Demosisto secretary-general Joshua Wong, ADPL’s Ho Kai-ming and LSD’s Jimmy Sham, Civic Passion’s Cheng Chung-tai and Tommy Cheung Sau-yin and Civic Passion’s Cheng Kam-mun.
LegCo Election Postponed
The 6th term of LegCo "ended" in July 2020 - why did we put quotation marks here is now clear. On top of the Returning Officers’ action, there were voices calling for postponing LegCo election (https://www.facebook.com/hkcolumn/posts/2704252959792086). There were discussions from the pro-Beijing camp of the potential problems related to postponing the election in the week (https://www.facebook.com/hkcolumn/posts/2706593682891347), and after news sources revealing the government’s intention to delay LegCo election (https://facebook.com/hkcolumn/posts/2710869942463721 ; https://facebook.com/hkcolumn/posts/2710024145881634), Carrie Lam announced on 31 Jul to postpone the LegCo general election for a year on the grounds of public safety, people's health and ensuring a fair and open election. She invoked the Emergency Regulations Ordinance (emergency law) for the postpone of the election. Lam reiterated that the postponement had nothing to do with politics, although she admitted that she did not consult the Election Affairs Commission and the 4 coronavirus experts. The Hong Kong government also intended to bring it to NPCSC for their endorsement to strengthen the legal basis of the decision. (https://www.facebook.com/hkcolumn/photos/a.1446445815572813/2712728355611213/)
What follows the postponement of LegCo election was the problem of how to deal with the 1-year period of vacuum at LegCo. One proposal was to extend the 2016-2020 term for 1 more year, but there were problems - The Basic Law states that a LegCo term shall be 4 years, how should the legal issues be dealt with? Should the lawmakers disqualified by Returning Officers to run in the election remain in LegCo?
The Hong Kong government decided to leave them to NPCSC. NPCSC decided on 11 August to extend the LegCo term of 2016-2020 for at least 1 year. Although this conflicts with the duration requirement a LegCo term stated in Basic Law, NPCSC’s decision was not subjected to legal action in Hong Kong. Critics thus deem LegCo after Sep 2020 illegitimate. How should the pro-democracy camp react to the extended year of LegCo term? Whether the pan-democrats should stay in LegCo from Sep 2020 onward became a heated debate.
Pan-Dems To Stay or Not To Stay?
Although the pan-democrats were inclined to stay at LegCo, many from the “protest camp” called for a boycott of the extended year at LegCo. With voices saying this decision from NPCSC had the agenda to cause a divide within the pro-democracy camp, the pan-democrats decided to use a public opinion poll to decide their fate. Subsequently, the Democratic Party announced that they commissioned Hong Kong Public Opinion Research Institute to conduct the survey (https://www.facebook.com/hkcolumn/posts/2740054486211933).
3rd wave coronavirus
The number of COVID-19 cases saw a surge in mid-July and daily cases past 100 for many days between late July and early August. Genetic sequencing of the virus showed the third wave of the pandemic in Hong Kong came from people exempted from quarantine. Ship and flight crew were among those exempted from quarantine that time.
Facing the 3rd wave of outbreak, the government announced tighter measures on 27 July. The measures included compulsory closing of sports venues and other premises, a stricter gathering ban (from 4 people to 2 people), a compulsory mask-wearing order, and most notably, a dine-in ban for 24/7 from 29 July.
On the first day the dine-in ban took effect, photos of people sitting on streets eating went viral on the Internet. Churches, community centres and other civil organisations advertised online that they welcomed people without a place to eat to have meals at their premises. The government announced that night the opening of heat shelters for people to lunch there as well (https://facebook.com/hkcolumn/posts/2711019929115389). Succumbed to the backlash, the government lifted the full-day dine-in ban on 31 Jul (https://facebook.com/hkcolumn/posts/2711638742386841).
(See more: 11:47 30 Jul: Ho Pak-leung Sorry for Raising Whole-day Dine-in Ban; Also Urges to Stop FDHs from Coming
The government announced the Universal Community Testing Programme to allow residents to get tested for free in early August in an attempt to control the outbreak. The programme started in the beginning of September. The government worked with a support team from China and hired 3 private companies: BGI (via Sunrise Diagnostic Centre in Hong Kong), Kingmed Diagnostics (Hong Kong) and Hybribio (via Hong Kong Molecular Pathology Diagnostic Centre in Hong Kong) to run the programme. (https://facebook.com/hkcolumn/posts/2718294781721237)
Some worried that the government might use this as an opportunity to collect their DNA for surveillance purposes. Critics questioned the efficacy of a universal testing scheme and whether it was a good use of resources; the qualifications and the reasons why the government selected the 3 companies also sparked controversies. In mid-September, as the programme came to an end, a team member said in an interview that some in the team wore diapers to save time [from answering natural calls], so that they could work in the laboratory for 12 hours non-stopped. Yet, the turnout was way less than 5 million, as hoped by Sophia Chan, Secretary for Food and Health (https://www.facebook.com/hkcolumn/posts/2721159308101451) and it has so been reported that the testing capacity was lower than claimed (https://facebook.com/hkcolumn/posts/2741820442702004).
Civil servants required to pledge allegiance
In early July, Secretary for the Civil Service Patrick Nip revealed the plan to have new civil servants pledge their allegiance to HKSAR. This been suggested to be related to civil servants’ involvement in anti-ELAB. (https://facebook.com/hkcolumn/posts/2694515680765814). Nip invited people to express views on this in mid-July (https://facebook.com/hkcolumn/photos/a.1489251731292221/2699699763580739/). In late September, this plan became official, as Nip announced that civil servants joining from 1 July are required to sign a document to indicate their support for the Basic Law and allegiance to HKSAR and those who do not sign the document will not be employed.
Civil servants have also been warned to watch their tongues, as Nip said comments made in private or on social media platforms, which were originally set up as private, can be made public suddenly, and the impact of those comments is something everyone should be concerned about, even though it might not have been the original intention. (https://facebook.com/hkcolumn/posts/2760781847472530).
Not only are new civil servants required to pledge their allegiance, but they may also face termination in their participation in “public order events”. In mid-August, it was reported that internal notices were sent to multiple department heads stating that newly joined civil servants should not be allowed to pass probation if they were found to have participated unlawful public events aimed at the government administration and was arrested and charged (https://facebook.com/hkcolumn/posts/2727266337490748).
After the internal notices were disclosed, Carrie Lam, when she met with the press before her usual Executive Council meeting, expressed that allegiance to HKSAR and upholding the Basic Law were expectations of civil servants; and since the probation period is for the employer to observe work performance and conduct of employees, if the civil servant creates a bad impression of the government, including online remarks, acts and deeds, the government has every reason to dismiss them. She said it is not a question of presumption of guilt, but that of employer-employee relations.
Patrick Nip, in a subsequent TV interview, also publicly backed this plan to end the probation period of new recruits who are suspected of joining unlawful public events, arrested and prosecuted will be deemed inappropriate in terms of conduct. He added that if a civil servant on probation is arrested but not prosecuted, the government will look at the case and determine whether it is appropriate for the civil servant to finish his/her probation period. When asked if it is unfair that civil servants on probation face termination even when they are not yet convicted, Nip said this has always been the principle of the civil service and they will follow the established procedure, which means presumption of innocence does not apply to arrested civil servants on probation.
See also:
12:36 30 Sep: 46 Civil Servants Interdicted for Suspected Participation in Public Order Events after Being Arrested/Charged
Christy Chan’s Death Inquest
Christy Chan Yin-lam, a student of VTC Youth College - Hong Kong Design Institute and a good swimmer who participated the anti-ELAB movement, was found dead and naked in the sea near Devil's Peak in September 2019. The Coroner's Court held a death inquest from 24 Aug to 11 Sep, 32 witnesses and 35 pieces of documentary evidence, including CCTV footages were summoned.
Those who testified included Christy’s mother, grandfather, social worker, juvenile home’s staff, classmates, psychiatrists; the policewoman who tended for Christy when she cried outside Tung Chung station during anti-ELAB last year, a former student of HKDI who spotted a woman who resembled Christy and the taxi driver who drove Christy the night she disappeared, as well as marine police and government chemists who handled Christy’s dead body. The Coroner’s Court also called upon veteran psychiatrist - Dr Ho Mei-yee and forensic pathologist Dr Philip Beh Swan-lip to be expert witnesses.
The 11-day inquest revealed Christy’s difficult life. Yet, events leading to Chan’s death remained unknown. In the end of the inquest, the jury decided unanimously that Christy’s death was an open verdict, meaning the evidence did not fully or further disclose the means whereby the cause of death arose. The jury agreed that Chan died between the night of 19 Sep 2019 and 20 Sep at an unknown place, and the cause of death was unknown due to decomposition.
Our Reports on Christy Chan’s Death Inquest
14:30 24 Aug: Christy Chan's Mother Reveals Chan's Several Suicidal Attempts; Didn't Bail Christy nor Follow Up
12:25 25 Aug: Chan Yin-lam's Coroner's Inquest - Juvenile Home Director: Chan is "Smart", Not Suicidal
03:42 26 Aug: 2 Psychiatrists Diagnose Christy Chan with Oppositional Defiant Disorder; Denies Suicidal Intention in Consultation
11:18 27 Aug: Court Shows Footage of Christy Chan Bawling outside Tung Chung Station; Cop: She Reacts Emotionally when Hears Going to Hospital
11:31 31 Aug: Christy Chan’s Death Inquest – Marine Cop Believes Body Found Naked Suspicious; No Clothing in Waters Nearby
13:43 31 Aug: Christy Chan’s Death Inquest – Inspector: No Apparent Injuries on Chan's Body; Wound on Calf Not Fatal
15:23 31 Aug: HKDI Alumnus Testifies Seeing Christy Chan Loitering w/o Shoes & Dazed at Tiu Keng Leng MTR Station; Marine Police Claims Didn’t Find Significant Injuries on Chan's Body
18:36 31 Aug: [Death Inquest of Christy Chan] Paramedic Claims Rigour Mortis & Livor Mortis upon Discovery of Body; Gov’t Chemist: Toxicology Test Didn’t Find any Drugs in Body
Morning, 2 Sep: Forensic Pathologist: Christy Chan’s Cause of Death Unknown
11:06 2 Sep: Veteran Forensic Pathologist: Cannot Be Sure Died of Drowning; Bit Odd Not Finding Water in Stomach
11:23 3 Sep: Christy Chan’s Death Inquest – Father Suffers Mental Illness; Situation Worsens after Daughter’s Funeral; Hospitalized till Today
10:43 11 Sep: Christy Chan's Inquest Enters Final Stage; Coroner: This Court No Right to Decide Criminal Liability
17:10 11 Sep: 15yo Christy Chan's Death "Open Verdict”
See also:
25 Aug: 1M, 1F Arrested for Nuisance to Christy Chan's Mum, Granddad
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