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Society

Court of Final Appeal rules joint enterprise inapplicable to unlawful assembly and riot

In view of riot charges against Tong Wai-hung and To Elain in July 2019, The Hong Kong Court of Final Appeal held that defendants absent at the scene of an unlawful assembly or riot cannot be found guilty grounding on the “taking part” element. As the centrally important element of the two offences, “taking part” in criminal assembly is required for conviction to riot and unlawful assembly. While the element cannot be overridden by the doctrine of joint enterprise, the presence of defendants in the criminal scene is not legitimate to convict them with unlawful assembly or riot.  According to the judgement, application of  the joint enterprise on unlawful assembly and riot will “give rise to duplication and possible confusion” without fulfilling the element of “taking part” in the criminal assemblies. The Court of Appeal also held that people taking part in an unlawful assembly or riot may not share an “extraneous common purpose”, so this is not a legitimate reason to convict defendants of the two offences.  However, defendants who are proved to have participated in or encouraged any criminal assemblies by words, signs or actions are counted as “taking part” in the offences. They can be convicted under secondary and inchoate liability offences, applicable to anyone presented or not at the criminal scene. Tong and To were accused of taking part in a riot in the area of Des Voeux Road West in Sheung Wan on 28 July 2019, but found innocent on 24 July 2020. The Department of Justice then asked the Court of Appeal of the High Court of Hong Kong to clarify whether joint enterprise in common law is applicable to riots and unlawful assemblies, in which defendants can be found guilty even if they are absent from the criminal scene.  On 25 March 2020, …

Politics

Film censorship amendment bill passes, giving government power to ban films ‘contrary to” national security

The Legislative Council passed the film censorship amendment bill on Wednesday, giving the chief secretary the power to ban films “contrary to” national security.  Banned screenings will face penalties as high as HK$1 million and three years in prison. “The amendment bill is aimed at striving for a balance between the freedom of artistic expression and national security,” said Ma Fung-kwok, the chairman of this case conference. According to the film censorship ordinance, any action of glorifying violence or inciting hatred towards the country could be grounds for censorship.  “The phrase ‘contrary to’ is ambiguous. It is hard for us to define which kind of plots may threaten national security,” said Pao Wai-chung, 55, a local film and television screenwriter. "The amendment bill targets independent or crowdfunded films like Inside the Red Brick Wall,” he said. “The amendment won’t cause any trouble to commercial directors as producers of mainstream movies will never challenge the limit intentionally but comply with the rules so the amendments are not putting them at the risk of bearing losses,” said Pao.  The Equal Write Union, an advocacy group for local screenwriters, said that filmmakers tackling sensitive topics, such as political issues, now might be put into jail instead of just being banned. “The article is intended to be unclear for the film producers, which can make prosecution and conviction easier,” said the spokesperson for the Equal Write Union. “It heightens the risk for filmmakers,” said Pao.  Councillors said the bill should also regulate cinemas and local streaming media.  The movie Ten Years, which won the Best Film at the Hong Kong Film Award in 2016, exhibited in 2015. Leung Mei-fun, a Legco committee member thinks Ten Years was a gulf of hatred towards mainland China and Putonghua; they even romanticized violence such as self-immolation. Also, …

Society

Policy Address 2021 Key Takeaways: developing a metropolis and upholding 'one country, two systems'

Chief Executive Carrie Lam Cheng Yuet-ngor’s fifth and final policy address of her current term surpassed last year’s to become the lengthiest address ever. Reading her 80-page policy blueprint over a record span of two hours and 38 minutes, Lam spoke about her government’s commitment to the ‘one country, two systems’ principle and introduced the usual extensive list of economic and social measures.  Here are five key takeaways from her speech today: 1.Increasing housing supply Lam said the government identified 350 hectares of land to produce 330,000 public housing units over the next 10 years, a slight increase from last year’s figures.  Lam also announced the Northern Metropolis Development Strategy, a project to transform 30,000 hectares of the northern part of Hong Kong into a metropolitan area. Lam said the completion of the project will contain more than 900,000 residential units — including the  existing 390,000 — to accommodate about 2.5 million people. However, local advocacy groups were disappointed by the policy address’ lack of plans in addressing housing needs in subdivided flats. 2.  Bolstering Hong Kong’s position as an international hub Noting the financial services industry as “an important pillar” of Hong Kong’s economy, Lam aims to better position the city in bridging mainland China’s market with the international market by improving the stock exchange’s listing regime and expanding offshore business to using yuan currency.  Lam seeks to further foster the city’s status in international trade by forming closer relations with the Association of Southeast Asian Nations and seeking to join the Regional Comprehensive Economic Partnership. Lam also pushed for Hong Kong to become a leader in legal and dispute resolution within the Asia-Pacific. The Department of Justice will organise the Greater Bay Area’s legal professional exam and allow Hong Kong enterprises registered in Qianhai to adopt Hong Kong …

Politics

Election Committee poll: two lonely candidates outside pro-establishment camp hope to bring different opinions in newly revamped electoral system

Chau Yin-ming, chairman of the Sai Kung District Council, realized he was likely to fail in the Election Committee polls, but it was too late to do anything about it. He told the media before the results came out that he had little chance of winning the election. His comments attracted attention because he was one of only two candidates outside the pro-establishment camp in the election, which is the first main poll after the electoral overhaul of Hong Kong. Beijing completely revamped the city’s electoral system in March as part of the new policy of "patriots" administering Hong Kong, effectively disqualifying or deterring most pan-democrat candidates from the annual Election Committee polls. This year, only one candidate who was not from the pro-establishment camp won a seat in the body that appoints the city's chief executive, compared to 325 candidates elected in the previous term. Along with a significant decrease in the number of eligible voters, experts say the election has become a small-circle election to ensure that only Beijing-approved candidates can be selected. After the revamp, the number of Election Committee members increased from 1,200 to 1,500. The extra 300 seats form a new sector that includes Hong Kong delegates to China’s top decision-making bodies making the sector's composition of members increased to five. However, the number of seats to be contested decreased. With most members being ex-officio members and automatically elected members, the number of directly elected seats dropped from 734 to 364. The powers of the election committee have been expanded. While being responsible for nominating and electing the Chief Executive of Hong Kong, it is responsible for nominating all members of the Legislative Council and electing 40 of the 90 members of it. A candidate review committee was set up in July. To be eligible …

Politics

Election Committee poll sees ‘patriots’ fill hundreds of seats on body to appoint Hong Kong’s leader next year in first poll after system revamp; delay in results had candidates waiting overnight

  • The Young Reporter
  • By: Nick Yang、Ziyu Bruce ZhaoEdited by: LAMA Sumnima Rani
  • 2021-09-20

The polls for Hong Kong’s Election Committee closed last night ending the city’s first election since Beijing revamped the electoral system in March. According to official statistics, 4,380 people cast their ballots, a turnout of about 90%, a record-high rate despite a drastic reduction in the number of eligible voters this year. All but one of the Election Committee seats went to the pro-establishment camp, with 412 candidates competing for 364 elected seats. The remaining seats on the 1,500-member committee were appointed, filled by ex-officio members or automatically elected. The committee will select Hong Kong’s next Chief Executive next year as well as appoint 40 members to the Legislative Council. “The turnout reflects the support of members of various sub sectors for the new electoral system,” Chief Executive Carrie Lam Cheng Yuet-ngor said in a press release. Voting results were delayed until 7:30 am today at the Hong Kong Convention and Exhibition Centre, with Electoral Affairs Commission chairman Barnabas Fung Wah apologising for problems with the ballot verification papers, likely because officials filled in the wrong boxes, he said at a press conference. The central government reforms included reviewing candidate backgrounds, increasing the number of ex-officio members and raising the requirements for the qualifications of voters. The number of eligible voters dropped from 246,440 to about 4,900. "The automatic election of members from many sectors and the stop of non-patriots have led to a reduction in voters, which actually makes the election more fair," Legislative Council member Lau Kwok-fan said. Daniel Cai, a Hong Kong resident, said he did not pay attention to the election since Beijing changed the electoral system. “I belong to no valid sector, so I don’t have the right to vote for the representatives,” he said. “Before the reform of the election, I could vote for …

Politics

Pakistanis with Hong Kong Residency Rights Say Return to City Being Thwarted Due to Vaccination Rules

    Hundreds of Pakistani nationals, attempting to return to Hong Kong, claim they are being turned back even if they have been vaccinated against the coronavirus and have rights to live and work in the city.   According to Apna Hong Kong Network, a Facebook social group that provides information about Hong Kong in English and Urdu for South Asians living in the city, more than 2,000 Pakistani nationals with Hong Kong residency rights approached them for help because they are having difficulty returning to Hong Kong.   “Hundreds of Pakistanis booked flights on 9 and 10 of August, and were sent back from Dubai,” Sadaf A. Muhammadi, the founder of Apna Hong Kong Network, told The Young Reporter. “They were informed at Dubai airport that vaccinations from Pakistan are not accepted by the Hong Kong government.”   “Families have been separated for months... some people have lost jobs because they have been away for too long,” she added.   The Hong Kong government suspended flights from Pakistan, India and the Philippines - all considered high-risk countries due to high coronavirus infection rates - beginning April 20 in its effort to prevent the further spread in Hong Kong.    In recent changes to Hong Kong’s regulations allowing international flights, the Hong Kong government will allow overseas travelers to enter Hong Kong beginning Aug. 9, depending on which region they came from. Overseas regions have been re-categorised into Group A specified places (high-risk), Group B specified places (medium-risk) and Group C specified places (low-risk).   According to the latest regulations, Hong Kong residents from Pakistan can return to Hong Kong only if they are fully vaccinated, and able to present negative results for COVID-19 test conducted within 72 hours, and confirmation of room reservation in designated quarantine hotels.    “Only …

Society

Hong Kong Government Land Confiscation Scheme Forces Closure of Popular Farmers Market at Mapopo Community Farm

  After more than a decade in operation, Mapopo Community Farm held its last farmers market on Sunday before permanently closing due to the Hong Kong government’s Land Resumption Ordinance.    The farmers market sells locally produced vegetables, mainly from the northeastern part of Hong Kong’s New Territories, including Ping Che (Fanling), Tsiu King (Sheung Shui) and Kwu Tong (Sheung Shui).    At two in the afternoon, about 15 people lined up outside Mapopo Community Farm to snatch up locally grown fruit and vegetables, including winter melons, pumpkins, longan and dragon fruits. Most products were sold out within the first hour.    Chatting and laughing during their visit to the market, customers filled shopping bags with green vegetables and fruits. Some visitors brought their pets and kids to the market, to witness the decline of Hong Kong local agriculture. People expressed gratitude to the farmers by leaving messages and colorful drawings in the farmer markets’ autograph book.    “The villagers are exhausted fighting for their lands,” said 26-year-old Ms. Wong, who withheld her first name. She said she has heard of the land resumption scheme since she was a student.     The scheme, officially announced in 1998, allowed the government to claim the land for residential purposes, in order to handle the growing population in Hong Kong.    Farmlands in Kwu Tong North, Fanling North and Ping Che/Ta Ku Ling have been identified by the Hong Kong government to be new development areas.The rural areas in northeast New Territories will be used for commercial and residential land.    However, the development plan was rejected by the farmers. They worried that the residential and commercial land development would reduce the amount of farmland, thus deteriorating the farmer’s livelihood.    Following several legal challenges by residents of Ma Shi Po Village, …

Politics

Serving the Community is the Ultimate Mission For All District Councillors Stay or Leave

Opt to make a declaration, Ramon Yuen Hoi-man, a member of the Democratic Party, said he will stay to complete his 4-year tenure in the district council.   The 34-year-old councillor of Sham Shui Po district is one of the 174 district councillors who still uphold their identity.    According to the notice in the Gazette declared today, 214 out of 388 elected seats in the 18 District Councils are vacant.   The Civil Service Bureau has issued circulars to all government departments, requiring all existing civil servants and those who join the Government on or after 1 July 2020 to declare that they will uphold the Basic Law, bear allegiance to the Hong Kong Special Administrative Region (HKSAR), be dedicated to their duties and be responsible to the HKSAR Government.   After considering the risks of disqualification and the requirement of returning the one and a half years’ salary to the government, Mr. Yuen rather takes an oath that includes upholding the Basic Law and swearing allegiance to the HKSAR.    “I will stick to my principles, including voicing for the people and monitoring the government,” he said. “I had promised to serve the people in the district at the beginning of the election, so the decision to retain the seat was made at an early stage.”   “I will do the most I can, especially since my colleagues have left,” Mr Yuen said.   People around Mr Yuen had asked him to leave. However, Mr Yuen thinks that he should stay and persevere with Hong Kong people, when the risks are still tolerable.   “People have retreated, while Hong Kong is collapsing,” Mr Yuen said. “From press freedom, councils, to the education and social work industry. Shouldn’t we voice more actively?”   As the Chairman of the Working …

Politics

100th Anniversary of CCP: Government Closes Victoria Park from Public Gathering, Collectors Queue for Commemorative Stamps

Collectors  queued up at Hong Kong’s main post office to purchase special commemorative stamps issued for the 100th Anniversary of the Communist Party of China, while Hong Kong police closed Victoria Park to restrain protesters from gathering during the 24th observance of  the Hong Kong Special Administrative Region Establishment Day.    More than 60 customers lined up at the General Post Office in Central to purchase the special edition stamps after the office had opened.    “The 100th Anniversary of the Founding of the Communist Party of China” Commemorative Stamp was first issued today.Individual stamps and a stamp sheetlet are included in the collector set.    “I feel happy for the 100-year establishment of the Communist Party of China,” said Tse, who only disclosed her first name, has been collecting stamps for years. She bought two stamp sheetlets for her grandchildren.    She said Hong Kong had restored peace and security compared to the same day last year.   In the same line, Tong, who did not provide his first name, said he was thankful for the 100th anniversary, “but it was nothing special, because the Communist Party of China will still thrive in the coming years.”   Mr Tong said he supported the cancellation of the July 1 march.    “Hong Kong used to be chaotic, but now I can travel around more conveniently,” he said. “ That’s why I can come and collect the stamps.”   Hong Kong police banned the July 1 march for the second consecutive year, citing coronavirus pandemic restrictions on public gatherings Despite the cancellation of the annual July 1 march, at noon police sealed off Victoria Park, where the march traditionally started, to prevent unauthorised assembly.    “Anyone who enters or stays at the prohibited area will be subjected to the maximum penalty …

Politics

Three pro-democracy groups apply for permission to hold annual July 1 march

League of Social Democrats, Tin Shui Wai Connection and Save Lantau Alliance applied on Friday to the police for its consent to arrange the annual July 1 protest on the handover anniversary.    Civil Human Right Front had been organising the march since 2003 but the group said on Sunday that it would not hold any activities after the police questioned its legitimacy.    “The July 1 protest has become a platform to express the needs of civilians and fight for democracy and universal suffrage,” Convenor of Save Lantau Alliance Eddie Tse Sai-kit said.   Deputy secretary general of the League of Social Democrats, Vanessa Chan Po-ying, said the proposed time, route and destination were the same as the previous demonstration.   She said they expected the police to cite the epidemic as a reason to oppose their application so they included many precautionary measures such as grouping in four, keeping a 1.5-metre distance and offering masks and cleansing products to keep the risk of spreading to the lowest.    Mr Tse said Hong Kong people need to cherish the value of protesting on the street on July 1.   “We would like to tell Hongkongers that there is a group of people who stay persistent every year to come out despite the suppression and political risk,” said Lam Chun, a member of Tin Shui Wai Connection. “I hope Hongkongers can come out to show the scene of more than a million participants.”   “We will keep on when people’s hearts are not dead,” Ms Chan said.   Mr Lam said they would have a meeting with the police on details within a couple of days and would appeal if permission was not given.   “Hongkongers from every walks of life have their demands on the government,” said a citizen …