The Battle for Hong Kong's Soul
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Equality As a Human Right: the Development of Anti-Discrimination Law in Hong Kong
Equality as a Human Right: The Development of Anti-Discrimination Law in Hong Kong CAROLE J. PETERSEN* The women's movement in Hong Kong has significantly benefited from the political and legal changes that oc- curred during the transition to 1997. Citizens of Hong Kong developed a greater awareness of human rights issues, and women have successfully identified equality as a "human right" deserving legalprotection. The women's movement has also allied itself with the increasingly democratic and assertiveLegislative Council. As a result, the legalprohibition offemale inheritance of land in Hong Kong was repealed in 1994 and the first law prohibiting sex discrimination was enacted in 1995. Additionally, Hong Kong's first Equal Opportunities Commission is being established. Ironically, the very developments that strengthened the women's movement in recent years-its association with the broaderhuman rights movement and with assertive legislators--may threaten it when China regains sovereignty. * Lecturer in Law, School of Professional and Continuing Education, University of Hong Kong. B.A., University of Chicago, 1981; J.D. Harvard Law School, 1984; Postgraduate Dip. Law of the PRC, University of Hong Kong, 1994. This article is a revised and updated version of a paper delivered at the 1995 Wolfgang Friedmann Confer- ence-Hong Kong: Financial Center of Asia, at Columbia Law School on March 30, 1995. From September 1993 to August 1995, the author served as a part-time consultant to Legislative Councillor Anna Wu and assisted her in the drafting of the Equal Opportunities Bill, the Human Rights and Equal Opportunities Commission Bill, and amendments to the Sex Discrimination Bill (described in Part V below). -
On the Election of the Chief Executive in Hong Kong
- 1 - Viktor Ungemach: On the Election of the Chief Executive in Hong Kong. Head of Government or Lieutenant of Beijing? The election of the Chief Executive held in Hong Kong on March 25, 2007 was the third to take place since the crown colony was returned to the People's Republic of China and transformed into a so-called special administrative region (SAR). Donald Tsang Yam-kuen, the former head of government, emerged victorious with 649 of 796 votes, whereas Alan Leong Kah-kit, his challenger from the pro-democratic camp, obtained only 123 votes. Although his programme hardly differed from that of his opponent, Mr Tsang was favoured from the start in the elections, which were accompanied by a public campaign for the first time. Their opinions differed only on the question of introducing universal suffrage, which was strongly advocated by Mr Leong. Properly speaking, the basic law of Hong Kong provides for the election of the Chief Executive to take place in 2007 and that of the Legislative Council in 2008. However, the realisation of these two projects was later predicated on current developments within the SAR, leaving Beijing sufficient scope for influencing Hong Kong politics. When the People's Republic of China said that Hong Kong's population lacked experience in dealing with democracy, it prompted discontent among that population, causing a record number of 500,000 people in the SAR to take to the streets in 2004 and, moreover, initiating the formation of several political parties that demand democracy. However, as their only common denominator was the call for a swift realisation of universal suffrage, the clout of the pro-democratic camp remained weak. -
Hong Kong's Endgame and the Rule of Law (Ii): the Battle Over "The People" and the Business Community in the Transition to Chinese Rule
HONG KONG'S ENDGAME AND THE RULE OF LAW (II): THE BATTLE OVER "THE PEOPLE" AND THE BUSINESS COMMUNITY IN THE TRANSITION TO CHINESE RULE JACQUES DELISLE* & KEVIN P. LANE- 1. INTRODUCTION Transitional Hong Kong's endgame formally came to a close with the territory's reversion to Chinese rule on July 1, 1997. How- ever, a legal and institutional order and a "rule of law" for Chi- nese-ruled Hong Kong remain works in progress. They will surely bear the mark of the conflicts that dominated the final years pre- ceding Hong Kong's legal transition from British colony to Chinese Special Administrative Region ("S.A.R."). Those endgame conflicts reflected a struggle among adherents to rival conceptions of a rule of law and a set of laws and institutions that would be adequate and acceptable for Hong Kong. They unfolded in large part through battles over the attitudes and allegiance of "the Hong Kong people" and Hong Kong's business community. Hong Kong's Endgame and the Rule of Law (I): The Struggle over Institutions and Values in the Transition to Chinese Rule ("Endgame I") focused on the first aspect of this story. It examined the political struggle among members of two coherent, but not monolithic, camps, each bound together by a distinct vision of law and sover- t Special Series Reprint: Originally printed in 18 U. Pa. J. Int'l Econ. L. 811 (1997). Assistant Professor, University of Pennsylvania Law School. This Article is the second part of a two-part series. The first part appeared as Hong Kong's End- game and the Rule of Law (I): The Struggle over Institutions and Values in the Transition to Chinese Rule, 18 U. -
The Brookings Institution Center for Northeast Asian Policy Studies
THE BROOKINGS INSTITUTION CENTER FOR NORTHEAST ASIAN POLICY STUDIES The 2004 Legislative Council Elections and Implications for U.S. Policy toward Hong Kong Wednesday, September 15, 2004 Introduction: RICHARD BUSH Director, Center for Northeast Asian Policy Studies The Brookings Institution Presenter: SONNY LO SHIU-HING Associate Professor of Political Science University of Waterloo Discussant: ELLEN BORK Deputy Director Project for the New American Century [TRANSCRIPT PREPARED FROM A TAPE RECORDING.] THE BROOKINGS INSTITUTION CENTER FOR NORTHEAST ASIAN POLICY STUDIES 1775 MASSACHUSETTS AVENUE, NW WASHINGTON, D.C. 20036 202-797-6307 P R O C E E D I N G S MR. BUSH: [In progress] I've long thought that politically Hong Kong plays a very important role in the Chinese political system because it can be, I think, a test bed, or a place to experiment on different political forums on how to run large Chinese cities in an open, competitive, and accountable way. So how Hong Kong's political development proceeds is very important for some larger and very significant issues for the Chinese political system as a whole, and therefore the debate over democratization in Hong Kong is one that has significance that reaches much beyond the rights and political participation of the people there. The election that occurred last Sunday is a kind of punctuation mark in that larger debate over democratization, and we're very pleased to have two very qualified people to talk to us today. The first is Professor Sonny Lo Shiu-hing, who has just joined the faculty of the University of Waterloo in Canada. -
519-7180 Fax (703) 519-7190
HONG KONG-2019/11/21 1 THE BROOKINGS INSTITUTION FALK AUDITORIUM HONG KONG'S PRECARIOUS FUTURE Washington, D.C. Thursday, November 21, 2019 PARTICIPANTS: Moderator: RICHARD C. BUSH Chen-Fu and Cecilia Yen Koo Chair in Taiwan Studies Senior Fellow, Center for East Asia Policy Studies The Brookings Institution Speaker: CHRISTINE LOH Chief Development Strategist, Institute for Environment, Hong Kong University of Science and Technology Lecturer, Anderson School of Management, University of California, Los Angeles * * * * * ANDERSON COURT REPORTING 1800 Diagonal Road, Suite 600 Alexandria, VA 22314 Phone (703) 519-7180 Fax (703) 519-7190 HONG KONG-2019/11/21 2 P R O C E E D I N G S MR. BUSH: Ladies and gentlemen, thank you for coming today. I think we are in for a really good program. My name is Richard Bush, I'm the Chen-Fu and Cecilia Yen Koo Chair in Taiwan Studies here, but I also do Hong Kong. And Hong Kong has been in the news a lot. We, today, have probably the best person from Hong Kong to talk to us about that. Christine Loh has done many things in her career. Her career sort of parallels the arc of Hong Kong's political development. She is a Lawyer, a Scholar; she's been a Legislator and a Government Official. She's written a really good book. For anyone who's interested in the history of Hong Kong, and the history of the Chinese Communist Party, it's called Underground Front, and it's really terrific. What we're going to do is that I am going to pose some questions for Christine, and we will have a conversation, but with plenty of time for you, we will open it up for your questions and concerns. -
Beijing's Visible Hand
China Perspectives 2012/2 | 2012 Mao Today: A Political Icon for an Age of Prosperity Beijing’s Visible Hand Power struggles and media meddling in the Hong Kong chief executive election Karita Kan Electronic version URL: http://journals.openedition.org/chinaperspectives/5896 DOI: 10.4000/chinaperspectives.5896 ISSN: 1996-4617 Publisher Centre d'étude français sur la Chine contemporaine Printed version Date of publication: 4 June 2012 Number of pages: 81-84 ISSN: 2070-3449 Electronic reference Karita Kan, « Beijing’s Visible Hand », China Perspectives [Online], 2012/2 | 2012, Online since 30 June 2012, connection on 15 September 2020. URL : http://journals.openedition.org/chinaperspectives/ 5896 © All rights reserved Current affairs China perspectives Beijing’s Visible Hand Power struggles and political interventions in the 2012 Hong Kong chief executive election KARITA KAN ong Kong’s next chief executive was revealed on 25 March 2012, reignited frenzied probes into Tang’s extra-marital affairs and added fuel to when the 1,193-member election committee, made up largely of incriminating remarks about his dishonesty, infidelity, and “emotional fault” Hbusiness leaders, professionals, and influential persons loyal to Bei - (ganqing queshi 感情缺失 ). jing, voted in majority for Leung Chun-ying. Leung defeated his main op - Commentator Willy Lam Wo-lap and Open University computing profes - ponent, former chief secretary for administration Henry Tang Ying-yen, by sor Li Tak-shing both raised the alarm that these “black materials” ( hei cailiao garnering 689 votes over the 285 that Tang received. The third candidate, 黑材料 ) might in fact have come from national security and intelligence Democratic Party chairman Albert Ho Chun-yan, secured only 76 votes. -
Chapter 6 Hong Kong
CHAPTER 6 HONG KONG Key Findings • The Hong Kong government’s proposal of a bill that would allow for extraditions to mainland China sparked the territory’s worst political crisis since its 1997 handover to the Mainland from the United Kingdom. China’s encroachment on Hong Kong’s auton- omy and its suppression of prodemocracy voices in recent years have fueled opposition, with many protesters now seeing the current demonstrations as Hong Kong’s last stand to preserve its freedoms. Protesters voiced five demands: (1) formal with- drawal of the bill; (2) establishing an independent inquiry into police brutality; (3) removing the designation of the protests as “riots;” (4) releasing all those arrested during the movement; and (5) instituting universal suffrage. • After unprecedented protests against the extradition bill, Hong Kong Chief Executive Carrie Lam suspended the measure in June 2019, dealing a blow to Beijing which had backed the legislation and crippling her political agenda. Her promise in September to formally withdraw the bill came after months of protests and escalation by the Hong Kong police seeking to quell demonstrations. The Hong Kong police used increasingly aggressive tactics against protesters, resulting in calls for an independent inquiry into police abuses. • Despite millions of demonstrators—spanning ages, religions, and professions—taking to the streets in largely peaceful pro- test, the Lam Administration continues to align itself with Bei- jing and only conceded to one of the five protester demands. In an attempt to conflate the bolder actions of a few with the largely peaceful protests, Chinese officials have compared the movement to “terrorism” and a “color revolution,” and have im- plicitly threatened to deploy its security forces from outside Hong Kong to suppress the demonstrations. -
HONG KONG: the PERILS of SEMIDEMOCRACY William H
Overholt.new created saved from e-mail by JB on 7/2/01. (6682 words.) PRE created from NEW by SL on 7/ 18. TXT created from NEW w/ PJC edits on 8/1/01(5644 w/notes); JB edits to TXT entered 8/7, PJC (5683 wds. w/notes). PRE revised with TXT by SL on 8/7. MP changes to TXT by PJC on 8/9/01(5750 words w/ notes); Aas to TXT 8/16, PJC (6149 wds w/notes). PRE revised with TXT by SL on 8/24. PGS created from PRE by SL on 8/24. HONG KONG: THE PERILS OF SEMIDEMOCRACY William H. Overholt William H. Overholt is head of Asia strategy and economics for Nomura International, a Japan-based securities firm with offices in Hong Kong and around the world. He holds a doctorate in political science from Yale University and is the author of five books, including most recently The Rise of China: How Economic Reform Is Creating a New Superpower (1994). At the time of Hong Kong’s 1997 transition from British to Chinese rule, the world saw the city as a laissez-faire enclave that took care of itself, while an able but mostly hands-off civil service did minor maintenance. A successful transition would mean little more than a changing of the guard, with local functionaries replacing colonial functionaries. There was, in this widely held view, no need for any larger reform of the economy or polity. Beijing and London, together with the local business establishment, planned a government that they all hoped would combine representative deliberativeness with authoritarian decisiveness. -
Anson Chan Fang on Sang
The Honourable Anson Chan Fang On Sang Anson Maria Elizabeth Chan Fang On Sang GBM GCMG (hon.) CBE, JP (traditional Chinese: 陳方安生) was a member of the Legislative Council of Hong Kong for Hong Kong Island, succeeding the late legislator Ma Lik. Before running for Legislative Council, she served as the head of Hong Kong's civil service before and after the territory's handover to the People's Republic of China from British colonial rule. Noted for her poise and smile, she was the first woman and the first Chinese to hold the second-highest governmental position in Hong Kong. Chan joined the Civil Service in 1962 as an administrative service cadet, one of only two women to join the civil service at that time. Her salary was reportedly one-quarter that paid to men of equivalent grade. She progressed to the Economics Section of the Finance Branch in 1962, followed by the Department of Agriculture and Fisheries, then the Department of Commerce and Industry, and later back to Finance. In 1970, she became assistant financial secretary in the finance branch of the Colonial Secretary, the first woman to attain that post. Chan became the first female civil service director when appointed Director of Social Welfare in 1984. From 1987 to 1993, she was Secretary for Economic Services, becoming the 30th and last Chief Secretary in 1993. Chan was the first woman and the first ethnic Chinese to hold the second-highest governmental position in Hong Kong. The highest governmental position, the Governor, was always held by Britons before Hong Kong's handover to People's Republic of China. -
ENCROACHMENTS on PRESS FREEDOM in HONG KONG Threatened Harbor Encroachments on Press Freedom in Hong Kong
THREATENED HARBOR ENCROACHMENTS ON PRESS FREEDOM IN HONG KONG Threatened Harbor Encroachments on Press Freedom in Hong Kong January 16, 2015 © PEN American Center 2015 All rights reserved PEN American Center is the largest branch of PEN International, the world’s leading literary and human rights organization. PEN works in more than 100 countries to protect free expression and to defend writers and journalists who are imprisoned, threatened, persecuted, or attacked in the course of their profession. PEN America’s 3,700 members stand together with more than 20,000 PEN writers worldwide in international literary fellowship to carry on the achievements of such past members as James Baldwin, Robert Frost, Allen Ginsberg, Langston Hughes, Arthur Miller, Eugene O’Neill, Susan Sontag, and John Steinbeck. For more information, please visit www.pen.org. Cover photograph: © Gareth Hayes, Creative Commons CONTENTS Introduction 4 Report Framework and Methodology 6 Legal Framework 7 Challenges to Press Freedom in Hong Kong 9 Physical Assaults on Journalists 9 Attacks on and Obstruction of Media During the Pro-Democracy Protests 11 Threats to Free Expression Online 14 Politically Motivated Censorship and Removal of Media Figures 17 Politically Motivated Economic Pressures on Media Outlets 20 Recommendations 22 References 23 Appendix: Alleged Incidents of Violence Against Journalists During the 2014 Pro-Democracy Protests As Reported to the Hong Kong Journalists Association 23 INTRODUCTION Hong Kong has long enjoyed a vibrant, diverse, and independent passed in 1990 by the Chinese National People’s Congress, also media and a unique position as a window into mainland China. explicitly protects the rights of Hong Kong’s residents through Local and foreign correspondents make use of Hong Kong’s the year 2047, including the freedom of speech, freedom of unique geopolitical position, cosmopolitanism, and strong the press, and freedom of assembly. -
Hong Kong: Preserving Human Rights and the Rule of Law
American University International Law Review Volume 12 | Issue 3 Article 1 1997 Hong Kong: Preserving Human Rights and the Rule of Law Follow this and additional works at: http://digitalcommons.wcl.american.edu/auilr Part of the International Law Commons Recommended Citation American University International Law Review. "Hong Kong: Preserving Human Rights and the Rule of Law." American University International Law Review 12, no. 3 (1997): 361-508. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University International Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. American University Washington College of Law Hbong IKong: Pireserving Human Rights and the Rule of Law A Conference Sponsored by The International Legal Studies Program of the Washington College of Law, Human Rights Watch/Asia, and the Lawyers Committee for Human Rights March 18-19, 1997 FORWARD Daniel D. Bradlow" The most direct impact of the reversion of Hong Kong to Chinese rule on July 1, 1997 will be on the people of Hong Kong. While the arrangement between the British and the Chinese governments concerning the reversion sought to preserve the unique nature of Hong Kong society, the people of Hong Kong are likely to experience a change in the nature of their system of governance after July 1, 1997. * Professor Daniel D. Bradlow is a Professor of Law and Director of the International Legal Studies Program at the American University Washington College of Law vhere he specializes in international economic law. -
One Country, Two Legal Systems (Crowley Report)
ONE COUNTRY, TWO LEGAL SYSTEMS? TABLE OF CONTENTS INTRODUCTION.................................................................................................................................1 A. Overview .....................................................................................................................................3 I. PRESERVING THE RULE OF LAW.............................................................................................4 A. The Rule of Law..........................................................................................................................5 1. General International Standards...............................................................................................5 2. The Sino-British Joint Declaration ..........................................................................................7 B. Implementing International Commitments: Hong Kong and the Basic Law ............................8 C. The Right of Abode Decisions ..................................................................................................10 1. Background ............................................................................................................................10 2. The Court of Final Appeal’s Decisions .................................................................................12 a. Article 158: The Reference Issue......................................................................................12 b. Articles 22 and 24 of the Basic Law..................................................................................15