8 | Monday, December 7, 2020 HONG KONG| EDITIONCHINA DAILY COMMENTHK Ted Hui in exile: A study No time to lose over in failure and fallacy universal mandatory Grenville Cross says Hui’s flight raises fresh questions over virus testing decision

the granting of bail. Altogether, the former Democratic he COVID-19 pandemic has reared its ugly head in Hong Party legislator faces nine criminal charges, some grave Kong again, prompting the entire community to brace n November 30, the tions over the granting of bail. Hitherto, the Titself for the impact of the latest surge former Democratic problem has centered on the magistrates who of coronavirus infections. When Hong Paul Yeung have granted bail to defendants who are fl ight Party legislator, Ted Kong recorded once again more than The author is senior research o cer of Hui Chi-fung, fl ew to risks, and who have then, in violation of their 100 confi rmed cases on Nov 29, people the One Country Two Systems Research Denmark, ostensibly for bail terms, fl ed the city, often in the dead of were convinced the fourth wave of the Institute. a meeting on climate night. In Hui’s case, however, he was not only pandemic had arrived, four months after Grenville Cross change. Although he allowed to keep his passport, but given per- the third one in July. The SAR govern- The author is a senior counsel, law professor Universal compulsory was facing criminal charges in Hong Kong, he and criminal justice analyst, and was previ- mission to go to Europe for what turned out ment responded quickly to the latest wasO given a special dispensation by the Judi- ously the Director of Public Prosecutions of to be bogus reasons. The Judiciary, therefore, upswing and announced a series of pre- testing is no doubt a criti- ciary to attend, on the strict understanding the HKSAR. has been tricked by Hui, and this must not be ventive measures on Nov 30 to contain that he would return to Hong Kong thereafter. allowed to happen again. the situation, including class suspension cal decision to make and In June, when the Next Media founder, Hui, however, had other plans, and, after sev- at all primary and secondary schools, a giant step to take for the eral days in Copenhagen, he fl ew to London damage arising from a violent protest at Tuen Jimmy Lai Chee-ying, applied to the High tightening crowd restriction, shortening on December 5, where he said he intends to Mun Police Station on July 6, 2019. Given the Court for a variation of his bail terms to make business hours of restaurants, shutting SAR government but one it remain in what he calls self-imposed “exile”. variety of the o— ences and the seriousness of a short visit to Canada for business and to see down entertainment venues, etc. If anybody personifi es all that is wrong with some, he will, if ever tried, face a substantial his daughter, this was wisely refused, with the Safe to say Hong Kong is reasonably must take no matter what. Hong Kong politics, it is Hui. He disgraced term of imprisonment, even if not convicted judge citing concerns of abscondment. Quite experienced to handle the fresh round of The longer it allows the pan- himself in the Legislative Council, set a dread- of them all. clearly, if criminal suspects like Lai and Hui infections. However, the core challenge ful example for the younger generation, and In this situation, it was as clear as a pike- are facing a multiplicity of proceedings, and from the pandemic that has beset Hong demic to linger and resurge made a fool of everyone who trusted him. sta— that Hui was a serious fl ight risk. It beg- the charges are serious, it is hard to conceive Kong for many months is not severity Now that he has gone, many people will be gars belief, therefore, that, having been grant- of circumstances in which it will ever be as much as tenacity. We know how to every now and then the inclined to say “good riddance”, and who ed bail, he was also allowed to leave Hong appropriate for a court to grant them leave stop the spread of the pandemic but not more public trust it will lose, can blame them. Whereas his infl uence was Kong, and the circumstances are illuminating. to travel abroad. It is tempting fate to allow whether the latest surge would be the entirely negative, his judgment was deeply On November 6, at West Kowloon Court, somebody in that situation to depart, and the last or when it will rise again, making making it harder to achieve fl awed. when processing the Tuen Mun case, the incentive not to return is huge. it impossible for local society to resume One of Hui’s most infamous stunts was his Principal Magistrate, Peter Law Tak-chuen, It is, after all, one thing to grant a defendant somewhat normal, manageable and pre- economic recovery. attempt to bring private prosecutions against allowed Hui to travel abroad for work pur- bail, but quite another to allow him to visit a dictable life. This is not only disrupting innocent people who upset the protest move- poses, provided he gave the police 72 hours’ jurisdiction, like Denmark, with which Hong the daily life of local residents but also ly eŽ cient screening process. ment, to which he was beholden. Having notice, and supplied his travel itinerary. Kong has no fugitive surrender agreement. adversely a— ecting Hong Kong’s busi- Besides technical issues, political raised HK$3.38 million by crowdfunding, On November 13, however, Hui, with oth- Quite clearly, every judicial oŽ cer handling ness environment. Therefore Hong Kong concern should also be taken into con- he brought cases against a police oŽ cer who ers, announced his resignation from the a bail application must bear this carefully in must fi gure out an e— ective way to “wipe sideration. As Chief Executive Carrie shot a black-clad protester while defending Legislative Council. This clearly a— ected his mind. If the Judiciary allows shysters like Hui out” the pandemic for good as well as Lam Cheng Yuet-ngor pointed out, Hong himself during a violent confrontation, and a overseas work plans, as he would no longer to pull the wool over its eyes, the law-abiding keep it from spreading when the virus Kong residents do not have as much taxi driver who was beaten senseless by pro- enjoy his previous status or have the same public will lose faith in the criminal justice reemerges. One of the proven ways to confi dence in the SAR government as testers after his vehicle accidentally ploughed need to travel. Three weeks later, therefore, system, and this must be avoided. beat COVID-19 is universal compulsory the mainland counterparts do in theirs into a crowd. However, after the Secretary for by which time the Tuen Mun case had been As for Hui, he has now consigned himself testing and thorough contact tracing of at a moment’s notice. That is the political Justice ascertained that both prosecutions transferred to the District Court for trial, the to a life on the run. Exile can be a sad a— air, positive cases. reality in Hong Kong and the SAR gov- lacked any evidential foundation and were an Department of Justice, in light of the changed even for those who can return home from Many have suggested that the gov- ernment has to do anything necessary to abuse of process, they were terminated by the circumstances, very sensibly sought to have time to time. Although Hui will have some ernment implement mandatory univer- win public confi dence. For example, the courts. One consequence of Hui’s fl ight, unfor- Hui’s bail terms altered, requiring the sur- other criminal fugitives in the UK to keep him sal testing, but Chief Executive Carrie SAR government may talk to the stake- tunately, is that his two victims will not now render of his passport. This, however, was company, he may soon tire of them, particu- Lam Cheng Yuet-ngor has basically holders most vulnerable to COVID-19 be able to sue him for malicious prosecution. declined by the Chief District Judge, Justin Ko larly once he realizes they have nothing in ruled out such a move by saying univer- about the need for compulsory universal Although Hui only served in the Legislative King-sau, who ruled that there had been no common beyond disloyalty to their own coun- sal compulsory testing is impracticable testing. One of those is the restaurant Council for four years, he made an indelible “signifi cant changes” since Law’s earlier order. try. At least for a while, he will fi nd himself in Hong Kong, because it would be too and bar sector, which is losing patience impression, not, alas, for statesmanship, but Although the alarm bells should have been lionized by anti-China elements, like Hong costly without an eŽ cient implementa- because of the on-again, o— -again restric- for loutishness. In 2019, for example, after he trilling by this time, Ko then gave Hui per- Kong Watch, but, before long, his novelty tion system like the mainland has and tions over dine-in service. It is estimated attacked a government oŽ cial in the Coun- mission to travel to Denmark for a duty visit, value will fade. All he will have left will be the take too long to be worthwhile. She that the overall business has plummeted cil’s complex and grabbed her telephone, he from November 30 to December 4. memories of his home city, and of the people was not completely wrong but only by 60 percent and the worst will come was convicted of common assault, obstruct- Ko, however, was well and truly conned he let down, including his constituents in the explained how diŽ cult it would be, not when a new spike is generating waves ing a public oŽ cer and gaining access to a by Hui, who had ulterior motives for fl ying Central and Western District Council. impossible. That means there is room of unemployment and bankruptcy, said computer with criminal or dishonest intent. to Denmark. He seems to have disclosed his As long as Hui lives, moreover, he will have still to discuss ways to overcome those Simon Wong Ka-wo, president of the Undaunted by the resulting fi ne and commu- actual plans to very few people, apart from the arrest warrants hanging over his head, an diŽ culties. Hong Kong Federation of Restaurants nity service order, he redoubled his e— orts to some Danish accomplices, and even his Dem- ever-present reminder that justice has not for- Let’s start with technical issues. To and Related Trades. If the SAR govern- disrupt the Council in 2020. ocratic Party colleagues appear to have been gotten him. Whenever he travels, he will need ensure the e— ectiveness of universal ment truly wants to win public trust, In May, Hui threw noxious substances caught by surprise. However, on December to check if he might face arrest in his chosen testing it must be conducted in a swift it should put itself in the shoes of the around in the Legislative Council’s chamber, 2, his wife, child and parents also fl ew out of destination, followed by possible extradi- manner so as to identify the positive people and tailor its policy-making to and then deposited a rotten plant on its fl oor, Hong Kong, and he has now said he plans to tion. Some exiles fi nd this life easier to bear cases while they are still in the early their real needs. apparently believing this would advance his help them to settle in the United Kingdom. than others, while a few, like the UK’s Great stage. While the medical profession- Universal compulsory testing is no political agenda. In consequence, he was The whole episode, therefore, smacks of care- Train Robber, Ronnie Biggs, fi nd they cannot als in Hong Kong are not adequately doubt a critical decision to make and a required not only to pay for the damage, but ful planning, and he completely wrong-footed stand it anymore, and return home to face equipped for it now, they do have the giant step to take for the SAR govern- was also charged with attempting to use a the Judiciary. the music, in Biggs’ case after 35 years. Time Chinese mainland city of Qingdao as an ment but one it must take no matter harmful substance to cause harm, mental Although some of Hui’s alleged crimes alone will tell if Hui falls into that category, example if they are asked to consider it. what. The longer it allows the pandemic injury or irritation to others. Thereafter, he involve violence and are not protest-related, but the initial signs suggest he might. Qingdao tested over 10 million people to linger and resurge every now and was also charged with contempt for obstruct- there is no means of securing his return to Although he has only been gone for a within fi ve days in October and man- then the more public trust it will lose, ing the Council’s oŽ cials amid violent scenes Hong Kong, as he would have known. Ever few days, Hui told Now TV that he has a aged to prevent community outbreaks making it harder to achieve economic in May, which left several of them injured. His since the British Foreign Secretary, Dominic “heavy heart” over having to be “totally after 12 people tested positive for novel recovery. Besides, the SAR government resignation from the Council last month was, Raab, made his ill-judged decision in July to cut o— from Hong Kong and all the things coronavirus. The city’s nucleic acid test- has to o— er fi nancial relief in response therefore, a blessing, not only for his fellow suspend the UK’s fugitive surrender agree- I love, knowing that I may never have a ing task force pulled o— this remarkable to each wave of infections and put more legislators and its long-su— ering sta— , but also ment with Hong Kong, people like Hui, along chance to go back”. He has, however, made feat by using a time-saving method pressure on public co— ers continuously. for everyone who believes in basic decency in with, for example, drug traŽ ckers, murderers his bed, and now he must lie in it. Discord called “10-in-1 batch analysis”, where 10 How long the SAR government will let public life. and sex o— enders, can simply turn up in Brit- apart, he gave nothing to Hong Kong, and, swabs were put in one sample solution this sorry situation last without e— ec- Altogether, Hui faces nine criminal charges, ain and claim safe haven. Illogical though it is, Sinophobia apart, he has nothing to o— er for testing and analysis instead of testing tive solution is everybody’s guess, but some grave. They include his alleged involve- this is the new reality, and only the criminal the UK. 10 swabs individually. Qingdao proved we all know it won’t be forever. ment in an act intended to pervert the course fraternity stands to benefi t from Raab’s irre- the time-saving testing method eŽ cient of public justice, obtaining access to a com- sponsibility. The views do not necessarily refl ect those and accurate. It also eased many people’s The views do not necessarily refl ect puter with dishonest intent, and criminal Hui’s fl ight, moreover, raises fresh ques- of China Daily. concern over privacy, thanks to the high- those of China Daily. Abhorred video games can be used to parents’ advantage

Video gaming is among the few refused to acknowledge this virtual quent babysitters, parents seem ill- inspire artists, designers and math- the controller. But the good intentions industries positively impacted by the world that is on an inexorable rise — advised to switch to autopilot after ematicians. will not go amiss, as evidenced by the COVID-19 pandemic that has shaped often with a contemptuous sigh. putting so much thought in the books, As the Ming Dynasty (1368-1644) success of US Representative Alexan- 2020. Amid grim reports on global The deft censors of the books and movies, and music to which their chil- concubine-turned-assassin, Shao Jun, dria Ocasio-Cortez’s youth outreach in recession, research fi rm Newzoo fore- movies for their children fi nd them- dren are exposed. Though not a stand- seeks vengeance in Assassin’s Creed, October by way of livestreamed video Alex Rong cast a 20 percent year-on-year surge selves confronted by an alien reality alone art form, video games have the Chinese players gain a new perspective game Among Us. The author is a in revenue for the sector, growth three about which they don’t know the fi rst potential to open players’ eyes to a on their cultural heritage, in an alter- In Hong Kong, the traditional Chi- Hong Kong-based times faster than in 2019. thing. And their ignorance is wel- transcendent world. nate continuum where neo-Confu- nese family values make austere par- journalist. In the third quarter, 661 million comed by young gamers, who use and The sti— movement of grainy char- cian philosopher and military general ents who resort to severe admonish- Chinese mainland gamers brought subvert this essentially mass-produced acters belies the rich stories and cul- Wang Yangming becomes a “mentor of ments. But bonding over video games in 68.5 billion yuan ($10.4 billion) in medium to create their own identity. tural references that many games the Chinese Brotherhood of Assassins”, can better get the message across to sales for the industry, up 15.7 percent Such mutual disregard leaves sus- have to offer. For example, in sam- a branch of a global secret society. rebellious youths, as they learn to year-on-year, according to the semi- ceptible youngsters to navigate on urai historical fantasy Ghost of Tsu- Cultural tokenism? Sure. But they appreciate the finer aspects of the oŽ cial China Audio-video and Digital their own this motley cyberspace that shima, players can immerse in the are also breadcrumbs that lead to sur- virtual world, and not become mere Publishing Association. From January confl ates the good and the evil — like black-and-white cinematography of prise discoveries. And young gamers objects that yield to the gratifi cation to March, stay-at-home orders and the real world, if in the extremes. Japanese fi lmmaker Akira Kurosawa, need someone to point them to such of primal instincts. escapism at the height of the mainland At its worst, it is rife with violence, whose monochrome movies such as implicit value, which is the real gem When they finally outgrow the outbreak drove revenue to an even obscenity, profanity, alienation, fraud, Seven Samurai, Yojimbo, and Throne buried in the euphoric sense of tri- addictive virtual world, it will also higher 73.2 billion yuan. gender profi ling, etc. While its good of Blood, an adaptation of Macbeth, umph from KO’ing enemies. save them the sense of emptiness that To the horror of parents, online side enriches life, provides companion- remain timeless classics. For parents, that means abandoning invariably follows when one single games have long proved themselves ship and solace, and sharpens players’ In Monument Valley, players explore their innate aversion to video games, aspect of life overtakes the rest. a force to be reckoned with. But just skills in planning, logical reasoning, the illusionary “impossible construc- and getting actively engaged. They like players who comfortably nestle communication, and teamwork. tions” apparently conjured by Dutch will probably be like dinosaurs in a The views do not necessarily reflect in make-believe, many parents have At a time when iPads become fre- artist M.C. Escher, who continues to china shop when they first pick up those of China Daily.