DOCSLIB.ORG

Targeted Sanctions to Address Human Rights Abuses

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Targeted Sanctions to Address Human Rights Abuses Demosistō Submission to Joint Standing Committee on Foreign Affairs, Defence and Trade: Targeted sanctions to address human rights abuses Introduction Demosistō, established on 10 April 2016, is a pro-democracy youth activist group in Hong Kong that advocates democratic reforms, progressive values and self-consciousness of Hongkongers in the city through street politics, civil society empowerment and international advocacies, with the aim of turning Hong Kong into a pluralist city where people enjoy equality, justice and democracy. We understand that Australia has been a country that has paid efforts to ensure the protection of human rights in the international context. We submitted a document to the United Nations Periodic Review in 2018. Our member WONG Yik Mo, in the capacity of Civil Human Rights Front, also met with Australian diplomats and discussed the recommendation directly on Hong Kong. We appreciate that Australia was among the six countries that stood up and make a recommendation to the Hong Kong Government and Central Chinese Government: “uphold the rights, freedoms and rule of law embodied in the ‘one country, two systems’ framework for Hong Kong” 1 However, in 2019, Australia did not include human rights clauses into its Free Trade Agreement with Hong Kong after the consultation. We regret that Australia did not utilise the opportunity to contribute to the human rights protection in Hong Kong. 1 Universal Periodic Review Working Group – 31st Session Universal Periodic Review of China, 6 November 2018, https://dfat.gov.au/international-relations/international-organisations/un/unhrc-2018-2020/universal-per iodic-review/Documents/31st-session-upr-china.pdf Upon this opportunity, we would urge the Australian Parliament and Government to utilise all mechanisms possible to fulfil its obligation as a signatory of the Universal Declaration of Human Rights, and pass the Magnitsky Act and extend its scope to Hong Kong individuals. In this submission we would focus on the following issues: ● Urgency to protect Hong Kong’s autonomy and human rights ● Coverage of the Act ● Concrete violation of human rights in Hong Kong Urgency to protect Hong Kong’s autonomy and human rights Hong Kong is an important financial centre in the world. In 2019, more than 1,500 regional headquarters of foreign companies were set up in Hong Kong, 35 of them were Australian companies.2 Also, Hong Kong serves as an outpost for multinational corporations to access Chinese market, vice versa. The foreign direct investment (FDI) in China through Hong Kong accounts for two-third of overall FDI to China between Jan and Sept 2019.3 Investments to Hong Kong are secured by the rule of law. Apart from financial value, Hong Kong is also a hub for human rights organisations that have interest in China. Hong Kong is usually a desirable place for those organisations to set up an outpost as Hong Kong maintains its own legal system after the handover which enables human rights organisations to evade direct suppression from Chinese government.. In recent years, Hong Kong’s autonomy and rule of law have rapidly deteriorated. After Xi Jinping succeeded his predecessor as the president of China, China has been ambitious to expand its global influences against the free world by making use of China’s economic strength. The election of pro-China Margaret Chan Fung Fu-chun and Tedros Adhanom Ghebreyesus as the Director-General of the WHO reflects the expansion of China’s influence on the international level. As the only free city in China, Hong Kong has inevitably become the frontline between the free world and authoritarian China. If Hong Kong falls,it will reflect the failure of the free world to protect and preserve its freedom and democracy.. Coverage of the Act Taking reference from the Canadian version of the Sergei Magnitsky Law, i.e. Justice for Victims of Corrupt Foreign Officials Act, which has been extended from Russian officials to 2 Census and Statistics Department, Number of Regional Headquarters in Hong Kong by Country/Territory where the Parent Company was Located, https://www.censtatd.gov.hk/hkstat/sub/sp360.jsp?tableID=133&ID=0&productType=8 3 South China Morning Post, Hong Kong remains key gateway as China’s FDI rises 2.9 per cent in first nine months of 2019 despite protests, 17 Oct, 2019, https://www.scmp.com/economy/china-economy/article/3033377/hong-kong-remains-key-gateway-chi nas-fdi-rises-29-cent-first South Sudanese and Venezuelan officials, including President Maduro, we believe that Australian version could also extend the sanction to Hong Kong and Chinese individuals, including officials who are responsible for violation of human rights, police brutality and political oppression in Hong Kong. The Magnitsky Acts in some countries like Canada, Estonia and the USA, target foreign officials or individuals. In the context of Hong Kong, we have concerns that many Hongkongers have double nationality. We would recommend that the provisions of the Australian Magnitsky Act could make sure human rights abusers be sanctioned regardless of their having Australian nationality. One possible way would be freezing the assets of the Australian nationals and deprivation of the nationality should the individual hold a Hong Kong or Chinese passport. Moreover, we recommend that the sanctioned individuals would not be granted Australian nationality, should they not hold such nationality beforehand. Violation of human rights in Hong Kong Hong Kong is a semi-free society that enjoys more freedom and autonomy than other cities in China. But all these freedoms have deteriorated in recent years, especially after Chief Executive Carrie Lam came to power. Due to the large amount of cases, we would only focus on a few. On top of the deterioration in the past years, Hong Kong Police committed unforgivable crimes during the anti-extradition law amendment movement.Yet the current mechanism fails to hold the perpetrating officers accountable. The global Magnitsky Act, in our view, would be a mechanism to potentially hold these individuals accountable and serve as a deterring agent. Genocidal language While the anti-extradition protest in 2019 kept escalating from both the Government’s and protesters’ side, the government did not show signs to de-escalate. Lam Chi-wai, chairman of the Junior Police Officers’ Association, described the protesters as cockroaches in a press conference and in a statement on behalf of the association. Ever since then did the frontline police officers start to use the term cockroaches to call protesters in public.4 Such terminologies are well-known as genocidal language. The police officer’s using such language publicly has created more hatred and rationalised the use of excessive force. Such acts should be condemned. Obstruction of medical services and rescue Medical workers are neutral in clashes or at warzones. Their duties are to provide humanitarian aid and save people’s lives regardless of their political beliefs. They should be protected from any attack. Obstruction of the work of medics might also put lives in danger, 4 Radio Television Hong Kong, Police group calls protesters 'cockroaches', 2019-08-04, https://news.rthk.hk/rthk/en/component/k2/1472494-20190804.htm as timely rescues could not be provided. The following are a few cases of the obstruction of medical services and rescue in Hong Kong since June 2019. In the siege of Polytechnic University on 17 Nov 2019, 51 medical workers or journalists were arrested by the police after coming out from the campus, and forced to sit on the ground with hands tied behind their backs. All of them were arrested for rioting.5 On 4 Nov 2019 in Tseung Kwan O, Alex Chow Tsz-lok (22) fell from a car park. This suspicious incident is yet to be investigated. It was reported that, according to at least three witnesses, that the police have delayed the ambulance from rescue. The delivery of Chow to the hospital was delayed.6 He died of head injury on 8 November. On 18 Nov 2019, a stampede ensued in Yau Ma Tei, under the new operation strategy by the new Police Commissioner, Tang Ping-keung. At least 68 protesters piled up to 5 layers in a narrow street. At least one broke his bone in the incident. The Police used pepper spray at the pile of protesters and obstructed volunteer first aiders and fire officers from rescuing the victims even when the protesters shouted “help me!” or “I don’t want to die”.78 Later the police denied the ensuing incident in their daily press conference as well as in a written statement.9 Violence and Torture In San Uk Ling, a detention centre near the Chinese border, protesters have been physically and verbally assaulted.10 They were kept in dark rooms and beaten till bones fractured. Police delayed their medical treatment for at least six hours after they were harmed. Hong Kong was outraged after discovering such an incident. 5 Hong Kong Free Press, Hong Kong police arrest 51 who ‘claimed to be medics or journalists’ near besieged PolyU campus, 18 November, https://www.hongkongfp.com/2019/11/18/hong-kong-police-arrest-51-claimed-medics-journalists-near -besieged-polyu-campus/ 6 Stand News, 【尋找周梓樂墮樓真相】目擊者指警方阻白車救援 墮樓位置欄高 1.2 米 未見催淚彈 痕跡, 2019/11/5, https://www.thestandnews.com/politics/尋找周梓樂墮樓真相-目擊者指警方阻白車救 援-墮樓位置欄高-1-2-米-未見催淚彈痕跡/ 7 Hong Kong Press Press, Hong Kong police accused of driving vehicles into protesters during clearance operation, 19 November 2019,https://www.hongkongfp.com/2019/11/19/hong-kong-police-accused-driving-vehicles-protesters- clearance-operation/ 8 Epoch Times, Press Conference by Legislator Claudia Mo, 26 Nov 2019, https://www.youtube.com/watch?v=YR5ii82Aknw 9 HKSAR Government Press Release, Police clarify stampede rumour during operation in Yau Ma Tei on November 18, 20 November 2019, https://www.info.gov.hk/gia/general/201911/20/P2019112000058.htm 10 The Telegraph, UK student left with brain haemorrhage in violent arrest by undercover Hong Kong officers, 27 October 2019, https://www.telegraph.co.uk/news/2019/10/27/uk-student-left-brainhaemorrhage-violent-arrest-underc over-hong/ The Police have been employing unnecessary and disproportionate force against protesters 11.
Load more

Recommended publications
  • Changing Political Economy of the Hong Kong Media
    China Perspectives 2018/3 | 2018 Twenty Years After: Hong Kong's Changes and Challenges under China's Rule Changing Political Economy of the Hong Kong Media Francis L. F. Lee Electronic version URL: https://journals.openedition.org/chinaperspectives/8009 DOI: 10.4000/chinaperspectives.8009 ISSN: 1996-4617 Publisher Centre d'étude français sur la Chine contemporaine Printed version Date of publication: 1 September 2018 Number of pages: 9-18 ISSN: 2070-3449 Electronic reference Francis L. F. Lee, “Changing Political Economy of the Hong Kong Media”, China Perspectives [Online], 2018/3 | 2018, Online since 01 September 2018, connection on 21 September 2021. URL: http:// journals.openedition.org/chinaperspectives/8009 ; DOI: https://doi.org/10.4000/chinaperspectives. 8009 © All rights reserved Special feature China perspectives Changing Political Economy of the Hong Kong Media FRANCIS L. F. LEE ABSTRACT: Most observers argued that press freedom in Hong Kong has been declining continually over the past 15 years. This article examines the problem of press freedom from the perspective of the political economy of the media. According to conventional understanding, the Chinese government has exerted indirect influence over the Hong Kong media through co-opting media owners, most of whom were entrepreneurs with ample business interests in the mainland. At the same time, there were internal tensions within the political economic system. The latter opened up a space of resistance for media practitioners and thus helped the media system as a whole to maintain a degree of relative autonomy from the power centre. However, into the 2010s, the media landscape has undergone several significant changes, especially the worsening media business environment and the growth of digital media technologies.
    [Show full text]
  • Reuters Institute Digital News Report 2020
    Reuters Institute Digital News Report 2020 Reuters Institute Digital News Report 2020 Nic Newman with Richard Fletcher, Anne Schulz, Simge Andı, and Rasmus Kleis Nielsen Supported by Surveyed by © Reuters Institute for the Study of Journalism Reuters Institute for the Study of Journalism / Digital News Report 2020 4 Contents Foreword by Rasmus Kleis Nielsen 5 3.15 Netherlands 76 Methodology 6 3.16 Norway 77 Authorship and Research Acknowledgements 7 3.17 Poland 78 3.18 Portugal 79 SECTION 1 3.19 Romania 80 Executive Summary and Key Findings by Nic Newman 9 3.20 Slovakia 81 3.21 Spain 82 SECTION 2 3.22 Sweden 83 Further Analysis and International Comparison 33 3.23 Switzerland 84 2.1 How and Why People are Paying for Online News 34 3.24 Turkey 85 2.2 The Resurgence and Importance of Email Newsletters 38 AMERICAS 2.3 How Do People Want the Media to Cover Politics? 42 3.25 United States 88 2.4 Global Turmoil in the Neighbourhood: 3.26 Argentina 89 Problems Mount for Regional and Local News 47 3.27 Brazil 90 2.5 How People Access News about Climate Change 52 3.28 Canada 91 3.29 Chile 92 SECTION 3 3.30 Mexico 93 Country and Market Data 59 ASIA PACIFIC EUROPE 3.31 Australia 96 3.01 United Kingdom 62 3.32 Hong Kong 97 3.02 Austria 63 3.33 Japan 98 3.03 Belgium 64 3.34 Malaysia 99 3.04 Bulgaria 65 3.35 Philippines 100 3.05 Croatia 66 3.36 Singapore 101 3.06 Czech Republic 67 3.37 South Korea 102 3.07 Denmark 68 3.38 Taiwan 103 3.08 Finland 69 AFRICA 3.09 France 70 3.39 Kenya 106 3.10 Germany 71 3.40 South Africa 107 3.11 Greece 72 3.12 Hungary 73 SECTION 4 3.13 Ireland 74 References and Selected Publications 109 3.14 Italy 75 4 / 5 Foreword Professor Rasmus Kleis Nielsen Director, Reuters Institute for the Study of Journalism (RISJ) The coronavirus crisis is having a profound impact not just on Our main survey this year covered respondents in 40 markets, our health and our communities, but also on the news media.
    [Show full text]
  • Digital News Report 2018 Reuters Institute for the Study of Journalism / Digital News Report 2018 2 2 / 3
    1 Reuters Institute Digital News Report 2018 Reuters Institute for the Study of Journalism / Digital News Report 2018 2 2 / 3 Reuters Institute Digital News Report 2018 Nic Newman with Richard Fletcher, Antonis Kalogeropoulos, David A. L. Levy and Rasmus Kleis Nielsen Supported by Surveyed by © Reuters Institute for the Study of Journalism Reuters Institute for the Study of Journalism / Digital News Report 2018 4 Contents Foreword by David A. L. Levy 5 3.12 Hungary 84 Methodology 6 3.13 Ireland 86 Authorship and Research Acknowledgements 7 3.14 Italy 88 3.15 Netherlands 90 SECTION 1 3.16 Norway 92 Executive Summary and Key Findings by Nic Newman 8 3.17 Poland 94 3.18 Portugal 96 SECTION 2 3.19 Romania 98 Further Analysis and International Comparison 32 3.20 Slovakia 100 2.1 The Impact of Greater News Literacy 34 3.21 Spain 102 2.2 Misinformation and Disinformation Unpacked 38 3.22 Sweden 104 2.3 Which Brands do we Trust and Why? 42 3.23 Switzerland 106 2.4 Who Uses Alternative and Partisan News Brands? 45 3.24 Turkey 108 2.5 Donations & Crowdfunding: an Emerging Opportunity? 49 Americas 2.6 The Rise of Messaging Apps for News 52 3.25 United States 112 2.7 Podcasts and New Audio Strategies 55 3.26 Argentina 114 3.27 Brazil 116 SECTION 3 3.28 Canada 118 Analysis by Country 58 3.29 Chile 120 Europe 3.30 Mexico 122 3.01 United Kingdom 62 Asia Pacific 3.02 Austria 64 3.31 Australia 126 3.03 Belgium 66 3.32 Hong Kong 128 3.04 Bulgaria 68 3.33 Japan 130 3.05 Croatia 70 3.34 Malaysia 132 3.06 Czech Republic 72 3.35 Singapore 134 3.07 Denmark 74 3.36 South Korea 136 3.08 Finland 76 3.37 Taiwan 138 3.09 France 78 3.10 Germany 80 SECTION 4 3.11 Greece 82 Postscript and Further Reading 140 4 / 5 Foreword Dr David A.
    [Show full text]
  • Reddening Or Reckoning​?
    Reddening or Reckoning​? An Essay on China’s Shadow on Hong Kong Media 22 Years after Handover from British Rule Stuart Lau Journalist Fellow 2018 Reuters Institute for the Study of Journalism University of Oxford August 2019 CONTENTS 1. Preface 2 2. From top to bottom: the downfall of a TV station 4 3. Money, Power, Media 10 4. “Political correctness”: New normal for media 20 5. From the Big Brother: “We are watching you” 23 6. Way forward - Is objective journalism still what Hong Kong needs? 27 1 Preface Hong Kong journalists have always stood on the front line of reporting China, a country that exercises an authoritarian system of government but is nonetheless on track to global economic prominence. The often-overlooked role of Hong Kong journalists, though, has gained international attention in summer 2019, when weeks of citywide protests has viralled into the largest-scale public opposition movement ever in the city’s 22-year history as a postcolonial political entity under Chinese sovereignty, forcing the Hong Kong government into accepting defeat over the hugely controversial extradition bill. While much can be said about the admirable professionalism of Hong Kong’s frontline journalists including reporters, photojournalists and video journalists, most of whom not having received the level of warzone-like training required amid the police’s unprecedentedly massive use of potentially lethal weapons, this essay seeks to examine something less visible and less discussed by international media and academia: the extent to which China influences Hong Kong’s media organisations, either directly or indirectly. The issue is important on three levels.
    [Show full text]
  • Detecting Digital Fingerprints: Tracing Chinese Disinformation in Taiwan
    Detecting Digital Fingerprints: Tracing Chinese Disinformation in Taiwan By: A Joint Report from: Nick Monaco Institute for the Future’s Digital Intelligence Lab Melanie Smith Graphika Amy Studdart The International Republican Institute 08 / 2020 Acknowledgments The authors and organizations who produced this report are deeply grateful to our partners in Taiwan, who generously provided time and insights to help this project come to fruition. This report was only possible due to the incredible dedication of the civil society and academic community in Taiwan, which should inspire any democracy looking to protect itself from malign actors. Members of this community For their assistance in several include but are not limited to: aspects of this report the authors also thank: All Interview Subjects g0v.tw Projects Gary Schmitt 0archive Marina Gorbis Cofacts Nate Teblunthuis DoubleThink Lab Sylvie Liaw Taiwan FactCheck Center Sam Woolley The Reporter Katie Joseff Taiwan Foundation for Democracy Camille François Global Taiwan Institute Daniel Twining National Chengchi University Election Johanna Kao Study Center David Shullman Prospect Foundation Adam King Chris Olsen Hsieh Yauling The Dragon’s Digital Fingerprint: Tracing Chinese Disinformation in Taiwan 2 Graphika is the network Institute for the Future’s The International Republican analysis firm that empowers (IFTF) Digital Intelligence Lab Institute (IRI) is one of the Fortune 500 companies, (DigIntel) is a social scientific world’s leading international Silicon Valley, human rights research entity conducting democracy development organizations, and universities work on the most pressing organizations. The nonpartisan, to navigate the cybersocial issues at the intersection of nongovernmental institute terrain. With rigorous and technology and society.
    [Show full text]
  • VI. Developments in Hong Kong and Macau
    VI. Developments in Hong Kong and Macau Findings • During the Commission’s reporting year, a number of deeply troubling developments in Hong Kong undermined the ‘‘one country, two systems’’ governance framework, which led the U.S. Secretary of State to find that Hong Kong has not main- tained a high degree of autonomy for the first time since the handover in July 1997. • On June 30, 2020, the National People’s Congress Standing Committee (NPCSC) passed the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (National Security Law), by- passing Hong Kong’s Legislative Council. To the extent that this law criminalizes secession, subversion, terrorist activities, and collusion with foreign states, this piece of legislation vio- lates Hong Kong’s Basic Law, which specifies that Hong Kong shall pass laws concerning national security. Additionally, the National Security Law raises human rights and rule of law concerns because it violates principles such as the presumption of innocence and because it contains vaguely defined criminal offenses that can be used to unduly restrict fundamental free- doms. • The Liaison Office of the Central People’s Government in the Hong Kong Special Administrative Region (PRC Liaison Office) declared in April 2020 that neither it nor the Hong Kong and Macao Affairs Office, both being State Council agencies, were subject to Article 22 of the Basic Law—a provision designed to protect Hong Kong’s high degree of autonomy. The Hong Kong government had long interpreted the provision to cover the PRC Liaison Office, but it reversed itself overnight in an ap- parent attempt to conform its position to that of the central government.
    [Show full text]
  • Alternative Media and Street Politics in Hong Kong
    International Journal of Communication 12(2018), 3707–3728 1932–8036/20180005 Digital Amplification of Fringe Voices: Alternative Media and Street Politics in Hong Kong YIDONG WANG University of Wisconsin–Madison, USA This study examined the development of alternative media in Hong Kong from 2012 to 2016. This time period saw a proliferation of media outlets that represented alternative voices. Adopting the theoretical framework of media ecology, I analyzed the political economy of the alternative media niche. The emergence of the alternative media niche was facilitated by digital technologies, but technological development was not the sole driving force. The centralization of media ownership collided the ability of mainstream media outlets to represent a wide spectrum of opinions. Meanwhile, the legitimacy of institutional politics was challenged by street politics, and hence the loosening of institutional control over ideology opened up a new space for political discussion and civic engagement. Alternative media used digital technologies to respond to this decreased supply and increased demand for media production that amplified fringe voices within the Hong Kong civil society. Keywords: alternative media, media ecology, Hong Kong localism, political economy, media ownership Hong Kong is a media-saturated society. The city has a population of 7.3 million and a high volume of media products circulating among the local population. There are 52 daily newspapers, more than 600 periodicals, and seven licensed broadcast networks serving the 2.5 million households in Hong Kong (“Hong Kong: The Facts,” 2016). The statistics do not yet include many alternative media outlets that publish on a smaller scale but represent emerging fringe voices.
    [Show full text]
  • Written Cantonese from a Folkloristic Viewpoint
    From Dialect to Grapholect: Written Cantonese from a folkloristic Viewpoint Chin Wan-kan Hong Kong Policy Research Institute Ltd. Abstract Written Cantonese used to prevail in Cantonese opera scripts, pop song lyrics, comic books and other forms of folk literature in the Cantonese dialect areas of southern China. With the economic boom of the 1980s and the export of culture to mainland China, Hong Kongers tend to take pride in their cultural identity and Cantonese is enjoying a resurgence. This paper discusses the spread of written Cantonese in the new media from the point of view of language rights as the right to diversity in post-industrial Hong Kong. The new media and local patriotism: the rising status of written Cantonese in Hong Kong Written Cantonese, or Cantonese transcribed in Chinese characters for the sake of communication (and not merely transliteration), is nothing new in Hong Kong. The earliest traceable documents in Cantonese are the yue ou 粵言區 (Cantonese Folksongs) compiled in 1828 and the New Testament in Cantonese published in 1873 (Cheung, 1996). Written Cantonese can be recognized almost immediately by its locally invented Chinese characters which go with its distinct grammar and vocabulary. It used to prevail in Cantonese opera and traditional folk songs scripts, pop song lyrics, comic books, advertisement captions, popular newspapers and other forms of folk literature. Traditionally it appears in a text accompanied by standard Chinese either with or without quotation marks. In 1990's Hong Kong a new type of written Cantonese is advocated by popular newspapers, trendy magazines and political journals. Contrary to its traditional folkish image, the new written Cantonese is a virtual transcription of the spoken language of the local urban people, with a growing number of locally coined Hong Kong Journal of Applied Linguistics 2,2 (1997); pp.
    [Show full text]
  • China's National Security Law for Hong Kong
    China’s National Security Law for Hong Kong: Issues for Congress Updated August 3, 2020 Congressional Research Service https://crsreports.congress.gov R46473 SUMMARY R46473 China’s National Security Law for Hong Kong: August 3, 2020 Issues for Congress Susan V. Lawrence On June 30, 2020, China’s National People’s Congress Standing Committee (NPCSC) passed a Specialist in Asian Affairs national security law (NSL) for the Hong Kong Special Administrative Region (HKSAR). Hong Kong’s Chief Executive promulgated it in Hong Kong later the same day. The law is widely seen Michael F. Martin as undermining the HKSAR’s once-high degree of autonomy and eroding the rights promised to Specialist in Asian Affairs Hong Kong in the 1984 Joint Declaration on the Question of Hong Kong, an international treaty between the People’s Republic of China (China, or PRC) and the United Kingdom covering the 50 years from 1997 to 2047. The NSL criminalizes four broadly defined categories of offenses: secession, subversion, organization and perpetration of terrorist activities, and “collusion with a foreign country or with external elements to endanger national security” in relation to the HKSAR. Persons convicted of violating the NSL can be sentenced to up to life in prison. China’s central government can, at its or the HKSAR’s discretion, exercise jurisdiction over alleged violations of the law and prosecute and adjudicate the cases in mainland China. The law apparently applies to alleged violations committed by anyone, anywhere in the world, including in the United States. The HKSAR and PRC governments have already begun implementing the NSL, including setting up the new entities the law requires.
    [Show full text]
  • Disappeared Booksellers and Free Expression in Hong Kong 1
    Writing on the Wall: Disappeared Booksellers and Free Expression in Hong Kong 1 WRITING ON THE WALL Disappeared Booksellers and Free Expression in Hong Kong November 5, 2016 © 2016 PEN America. All rights reserved. PEN America stands at the intersection of literature and human rights to protect open expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. Founded in 1922, PEN America is the largest of more than 100 centers of PEN International. Our strength is in our membership—a nationwide community of more than 4,000 novelists, journalists, poets, essayists, playwrights, editors, publishers, translators, agents, and other writing professionals. For more information, visit pen.org. Cover photograph: Artist Kacey Wong protests the Causeway Bay Books disappearances bound and gagged, sporting a red noose bearing the Chinese characters for "abduction." The sign in his hand says "Hostage is well. " Photo courtesy of Kacey Wong. TABLE OF CONTENTS EXECUTIVE SUMMARY .......................................................................................................................................................... 4 “One Country, Two Systems” Under Threat ....................................................................................................................................................... 4 Hong Kong’s Legal Framework
    [Show full text]
  • Hong Kong Special Administrative Region V. Bao Choy Yuk-Ling
    Hong Kong Special Administrative Region v. Bao Choy Yuk-ling July 2021 ABOUT THE AUTHORS This report was authored by a member of the TrialWatch Experts Panel. The TrialWatch Experts Panel is composed of eminent lawyers and human rights practitioners from around the world. For each trial, an Expert conducts a detailed assessment of the fairness of the trial measured against international standards and grades the trial. ABOUT THE CLOONEY FOUNDATION FOR JUSTICE’S TRIALWATCH INITIATIVE The Clooney Foundation for Justice (CFJ) advocates for justice through accountability for human rights abuses around the world. TrialWatch is a CFJ initiative with the mission of exposing injustice, helping to free those unjustly detained and promoting the rule of law around the world. TrialWatch monitors criminal trials globally against those who are most vulnerable — including journalists, protesters, women, LGBTQ+ persons and minorities — and advocates for the rights of the unfairly convicted. Over time, TrialWatch will use the data it gathers to publish a Global Justice Ranking exposing countries’ performance and use it to support advocacy for systemic change. The legal assessment and conclusions expressed in this report are those of the author and not necessarily those of the Clooney Foundation for Justice or any of the author’s affiliated organizations. 1 E X E C U T I V E S U M M A R Y A member of the TrialWatch Expert Panel assigned this trial a grade of C: The case concerned the prosecution of journalist Bao Choy, a freelance producer with Radio Television Hong Kong (RTHK) charged with making false statements to access a public database.
    [Show full text]
  • Chronology – Sunday 9 June 2019
    Volume 2 CHAPTER 7 • INCIDENT DAY – SUNDAY 9 JUNE 2019 ANNEX CHRONOLOGY – SUNDAY 9 JUNE 2019 Key Incidents A. 14:22 – 22:30 Phase I – The Public Procession from 14:22 to 22:30 B. 22:30 – 03:00 Phase II – Clashes after the End of the Procession Detailed Chronology of Events A. Phase I – The Public Procession from 14:22 to 22:30 Time Incident (Approx.) 11:30 HQCCC of the Police was activated (source: HKPF). 9 Jun 14:22 Due to the large number of people gathered at the Victoria Park, the Organiser, 9 Jun CHRF, started the public procession earlier than the originally planned 15:00 (source: HKPF, media reports and live video footage1). (Image source: HK01) 15:53 When the head of the procession arrived at CGC, CHRF asked the protesters to 9 Jun stay behind to join the assembly thereat (source: HKPF, media reports and live video footage2). 16:02 Many protesters jammed at the junction of Hennessy Road and Canal Road 9 Jun demanding the Police to open the eastbound lanes of Hennessy Road (source: media reports and live video footage3). 80 Volume 2 CHAPTER 7 • INCIDENT DAY – SUNDAY 9 JUNE 2019 Time Incident (Approx.) Some protesters tried to cross the police cordon line to get to the eastbound lanes and the Police raised the red flag warning “Stop Charging or We Use Force” (source: HKPF, media reports and live video footage3). The protesters, however, demanded the Police to open more roads for the procession (source: media reports and live video footage3). (Image source: HK01 and Ming Pao) 16:30 Several protesters broke through the police cordon line and the crowd spilled over 9 Jun to the eastbound lanes of Hennessy Road.
    [Show full text]