April 2013 in Hong Kong 30.4.2013 / No 112
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Official Record of Proceedings
LEGISLATIVE COUNCIL ─ 3 November 2010 1399 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 3 November 2010 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, S.B.S., J.P. DR THE HONOURABLE MARGARET NG THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. 1400 LEGISLATIVE COUNCIL ─ 3 November 2010 THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. THE HONOURABLE LI FUNG-YING, S.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. -
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. -
Monthly Report HK
January 2011 in Hong Kong 31.1.2011 / No 85 A condensed press review prepared by the Consulate General of Switzerland in HK Economy + Finance HK still ranked world's freest economy: HK remains the world’s freest economy for the 17th straight year and ranked 1st out of 41 countries – according to a report released by the Heritage Foundation and the Wall Street Journal. The city’s score remains unchanged from last year at 89.7 out of 100 in the 2011 Index of Economic Freedom, with small declines in the score for government spending and labour freedom offsetting improvements in fiscal freedom, monetary freedom, and freedom from corruption. The report said HK is one of the world’s most competitive financial and business centres, demonstrating a high degree of resilience during the global financial crisis. City casts off shadow of global financial crisis: HK's economy is rebounding from the aftermath of the global financial crisis, with the public coffers enjoying the first eight-month surplus in three years. The latest announcement showed a far better financial picture than the government had forecast. In his budget speech in February, Financial Secretary John Tsang projected a net deficit of HK$25.2 billion for the current financial year. However, consensus estimates among most accounting firms now put the full financial year budget at a surplus of at least HK$60 billion. The reserves stood at HK$537 billion as of November 30, compared to HK$455.5 billion a year earlier. HK jobless rate falls to 4pc: HK's unemployment rate declined from 4.1 per cent in September to November last year to 4.0 per cent in October to December last year. -
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. -
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. -
OFFICIAL RECORD of PROCEEDINGS Wednesday, 11
LEGISLATIVE COUNCIL ─ 11 May 2011 10073 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 11 May 2011 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, S.B.S., J.P. DR THE HONOURABLE MARGARET NG THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. THE HONOURABLE WONG YUNG-KAN, S.B.S., J.P. 10074 LEGISLATIVE COUNCIL ─ 11 May 2011 THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE LI FUNG-YING, S.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. -
OFFICIAL RECORD of PROCEEDINGS Wednesday, 17
LEGISLATIVE COUNCIL ─ 17 November 2010 2033 OFFICIAL RECORD OF PROCEEDINGS Wednesday, 17 November 2010 The Council met at Eleven o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN IR DR THE HONOURABLE RAYMOND HO CHUNG-TAI, S.B.S., S.B.ST.J., J.P. THE HONOURABLE LEE CHEUK-YAN DR THE HONOURABLE DAVID LI KWOK-PO, G.B.M., G.B.S., J.P. THE HONOURABLE FRED LI WAH-MING, S.B.S., J.P. DR THE HONOURABLE MARGARET NG THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE MRS SOPHIE LEUNG LAU YAU-FUN, G.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG DR THE HONOURABLE PHILIP WONG YU-HONG, G.B.S. 2034 LEGISLATIVE COUNCIL ─ 17 November 2010 THE HONOURABLE LAU KONG-WAH, J.P. THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE MIRIAM LAU KIN-YEE, G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. THE HONOURABLE ANDREW CHENG KAR-FOO THE HONOURABLE TIMOTHY FOK TSUN-TING, G.B.S., J.P. THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, S.B.S., J.P. THE HONOURABLE LI FUNG-YING, S.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, S.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE AUDREY EU YUET-MEE, S.C., J.P. -
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. -
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 -
Official Record of Proceedings
HONG KONG LEGISLATIVE COUNCIL — 13 July 1995 5419 OFFICIAL RECORD OF PROCEEDINGS Thursday, 13 July 1995 The Council met at half-past Two o'clock PRESENT THE PRESIDENT THE HONOURABLE SIR JOHN SWAINE, C.B.E., LL.D., Q.C., J.P. THE CHIEF SECRETARY THE HONOURABLE MRS ANSON CHAN, C.B.E., J.P. THE FINANCIAL SECRETARY THE HONOURABLE SIR NATHANIEL WILLIAM HAMISH MACLEOD, K.B.E., J.P. THE ATTORNEY GENERAL THE HONOURABLE JEREMY FELL MATHEWS, C.M.G., J.P. THE HONOURABLE ALLEN LEE PENG-FEI, C.B.E., J.P. THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, O.B.E., J.P. DR THE HONOURABLE DAVID LI KWOK-PO, O.B.E., LL.D., J.P. THE HONOURABLE PANG CHUN-HOI, M.B.E. THE HONOURABLE SZETO WAH THE HONOURABLE TAM YIU-CHUNG THE HONOURABLE ANDREW WONG WANG-FAT, O.B.E., J.P. THE HONOURABLE EDWARD HO SING-TIN, O.B.E., J.P. THE HONOURABLE RONALD JOSEPH ARCULLI, O.B.E., J.P. THE HONOURABLE MARTIN GILBERT BARROW, O.B.E., J.P. THE HONOURABLE MRS PEGGY LAM, O.B.E., J.P. THE HONOURABLE MRS MIRIAM LAU KIN-YEE, O.B.E., J.P. THE HONOURABLE LAU WAH-SUM, O.B.E., J.P. 5420 HONG KONG LEGISLATIVE COUNCIL — 13 July 1995 DR THE HONOURABLE LEONG CHE-HUNG, O.B.E., J.P. THE HONOURABLE MRS ELSIE TU, C.B.E. THE HONOURABLE PETER WONG HONG-YUEN, O.B.E., J.P. THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE VINCENT CHENG HOI-CHUEN, O.B.E., J.P.