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How Technology Enabled Civil Disobedience by Hong Kong Anti-Extradition Bill Protesters 8Th Asian Privacy Scholars Network Conference Paper 2020

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How Technology Enabled Civil Disobedience by Hong Kong Anti-Extradition Bill Protesters 8Th Asian Privacy Scholars Network Conference Paper 2020 Protests Decentralised: How technology enabled civil disobedience by Hong Kong anti-extradition bill protesters 8th Asian Privacy Scholars Network Conference Paper 2020 Janis Wong School of Computer Science University of St Andrews, Scotland ABSTRACT 例(修訂)條例IH) (FOMLA). While the use of technology in The proposal of the Fugitive Oenders and Mutual Legal Assis- protest movements is not new and is widely written by schol- tance in Criminal Matters Legislation (Amendment) Bill 2019 ars [75] [76] [81], Hong Kong anti-extradition law amendment Í送- (2019t逃¯Ê刑事事宜ø互法律T©法例(修訂)條例I bill ( ) (anti-ELAB) protesters learnt from their civil dis- H) (FOMLA) by the Hong Kong government, aimed at closing obedience pasts and transformed how such new and old tech- the gap for extradition to Taiwan, Macau, and Mainland China, nologies can further protester aims. sparked dozens of city-wide protests as demonstrators feared This paper aims to examine how Hong Kong protesters used it would erode Hong Kong’s legal system, including rights to technology to enable civil disobedience in preserving their fun- privacy and data protection, under the Hong Kong Basic Law damental rights and freedoms, thus safeguarding their identi- (HKBL). ties. In Section 2, I will outline Hong Kong’s legal framework, Facilitated by technology, the leaderless, decentralised the rights granted to the people under the law, and the legisla- demonstrations furthered the anti-extradition bill protests by tive process. I will also introduce FOMLA and how it ts into establishing legitimacy, participation, trust, and privacy be- this legal and political structure, leading up to the start of the tween citizens under the ‘One Country, Two Systems’ frame- anti-ELAB protests. While this section aims to provide back- work. Based on these themes, this paper assesses how Hong ground information for audiences unfamiliar with the Hong Kong protesters found novel uses of technology such as Tele- Kong legal system, it does not comprehensively cover all events gram, Apple Airdrop, cash and untraceable transactions, that take place during the protests. Further, protests in Hong LIHKG Forum, and protest livestreams to self-organise, demon- Kong are ongoing at the time of writing and the use cases iden- strate their support for the movement, and maintain its mo- tied may be subject to change. In Section 3, I introduce the mentum. The protesters’ use of technology also shaped Twit- demands of the Hong Kong protesters beyond the withdraw of ter, Facebook, and Youtube policies, removing bot accounts and the FOMLA bill, outlining how these demands tie in closely state-sponsored disinformation from their platforms. with preserving the Hong Kong identity through protecting the Learning from the city’s past protests, arrests, and convic- rights of the Hong Kong people. Exploring technology through tions, this paper illustrates how Hong Kong protesters trans- the themes of participation, legitimacy, trust, and protection formed their use of technology as a means to protect their in Section 4, I explore how demonstrators changed their use of personal identities, preserve their rights enshrined under the technology over time to enable and sustain their civil disobe- HKBL, and strive for democratic freedoms. dience. In Section 5, I briey discuss what Hong Kong’s future may hold with regards to how protesters, the Government, and China may react to how technology has enabled the anti-ELAB 1 Introduction protests. Finally, I conclude that while technology did not cause Technology has become an important part of communication, or determine the protests, it played a crucial role in shaping the freedom of expression, and how individuals and communities anti-ELAB movement in Hong Kong and changed the interna- express themselves both online and oine. As one of the most tional discourse on civil disobedience. connected cities in the world, Hong Kong is no exception. The city has one of the fastest internet speeds globally [5] and is 2 The Hong Kong Legal System and home to the Nobel Prize in Physics recipient Sir Charles Kuen Kao (高錕) for his work on bre optic communications [64], Anti-Extradition Bill the most mobile connections per capita [15], and is ranked Governed by the Hong Kong Basic Law (HKBL) [73], the Hong fourth in technological infrastructure innovation [18]. In Hong Kong Special Administrative Region of the People’s Republic Kong’s data-driven society [57], it is therefore no surprise that of China represents an oddity of colonial legislative and polit- technology played an important role in enabling civil disobe- ical history. After 156 years of British rule since the end of the dience for the protest against the Fugitive Oenders and Mu- First Opium War in 1842 [6], the territory of Hong Kong was tual Legal Assistance in Criminal Matters Legislation (Amend- handed over to China in 1997. To ease the transition, the new ment) Bill 2019 (2019t逃¯Ê刑事事宜ø互法律T©法 legal framework ‘One Country, Two Systems’ was implemented HOW LAWS ARE MADE Appendix in order for Hong Kong to maintains its legal, economic, and LAW-MAKING PROCESS Chief Executive in the Government Legislative Council Where bill complies Executive Council Policy Bureaux Members with Article 74 of the administrative systems while demonstrating Britain’s commit- Basic Law and RoP ment to the ‘One-China’ policy. The head of the Hong Kong Government Presentation of bill and Policy Bureaux Presentation of bill and arrangement of publication arrangement of publication Government, the Chief Executive, is appointed by China’s Cen- of bill in Gazette by Clerk Legislative Council of bill in Gazette by Clerk tral People’s Government (Article 15). The Legislative Council to the Legislative Council to the Legislative Council is the legislature of Hong Kong (Article 67). Under the exist- First Reading House Committee Moving of motion on ing political framework, Hong Kong citizens are only able to Second Reading (debate to be adjourned) directly elect 35 out of 70 Legislative Council geographical con- Decision to form Decision not to form Bills Committee Bills Committee stituency Members [33] despite Article 68 outlining that ‘the ul- Bills Committee Notice of resumption of timate aim is the election of all the members of the Legislative debate given by public Report to House ofcer/Member in Resumption of Council by universal surage’. Under the HKBL, Hong Kong Committee charge of bill Second Reading debate Voting upon motion on can ‘exercise a high degree of autonomy and enjoy executive, Negatived End Second Reading legislative and independent judicial power, including that of - Passed nal adjudication, in accordance with the provisions of this Law’ Committee of the whole Council (Article 2). The existing rights of Hong Kong people are also Voting procedures According to the Basic Law, the Legislative Examination of and voting on clauses of bill Council shall adopt the following procedures protected by the HKBL, including ‘the right to vote and the (and proposed for voting on motions, bills or amendments: Reporting of bill from Committee amendments if any) right to stand for election’ (Article 26), ‘freedom of speech, of 1. Motions, bills or amendments introduced of the whole Council and by the Government: voting upon motion on the report Negatived End the press and of publication; freedom of association, of assem- require at least a simple majority vote of Members present. Passed bly, of procession and of demonstration; and the right and free- 2. Motions, bills or amendments to Government bills introduced by individual Moving of motion on Third Reading dom to form and join trade unions, and to strike’ (Article 27), Members: require a simple majority vote of each Debate on Third Reading and Negatived End ‘freedom and privacy of communication’ (Article 30), and ‘free- of the following two groups of Members voting upon motion on Third Reading present: dom of conscience’ (Article 32). The ‘One Country, Two Sys- (i) Members returned by functional Passed constituencies; and Submission of bill to the tems’ framework governing Hong Kong includes that the ‘capi- (ii) Members returned by geographical Chief Executive for signature Report by the Government to constituencies. the Standing Committee of the talist system and way of life shall remain unchanged for 50 years’ Promulgation of bill in Gazette by National People's Congress (Article 5). Chief Executive and taking efect for record In February 2019, the Hong Kong Government rst proposed Further Reference: Legislative Council Secretariat FigureLegislative Council 1: Thein Brief No. law-making 5 – What is a Bill process in the Legislative CouncilEducation Service Team [32]. Legislative Council in Brief No. 8 – How Does the Legislative Council www.legco.gov.hk FOMLA to close the extradition gap following the murder of Approve Public Expenditure 22 Dec 2017 Poon Hiu Wing (X曉N) by her boyfriend Chan Tong Kai (s “Legislative Council in Brief”are prepared for general information only. They are not legal or other professional advice and shall not be relied on as such. Whilst The Legislative Council Commission (the Commission) endeavours to make the materials contained in “Legislative Council in Brief” accurate, the Commission and its employees do not warrant the accuracy and completeness of the materials and disclaim all liabilities for loss or damage. 同s that“Legislative the Council in Brief” bill are subject towould copyright owned by the Commission. undermine The Commission permits accurate thereproduction of international“Legislative Council in Brief” for non-commercial use in community’s a manner not adversely afecting ) in Taiwan in 2018, where the two Hong Kong residents the Legislative Council provided that the source is acknowledged. were visiting at the time. As Hong Kong does not have extra- condence with Hong Kong’s judicial system [83]; the President dition treaties with Taiwan, the Hong Kong government pro- of the American Chamber of Commerce said that passing the posed amendments to the Fugitive Oenders Ordinance (Cap.
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