721 Yuen Long – Second Anniversary

Two years ago today… 721, as police turned their backs, hundreds of armed white-shirted men (alleged triads) attacked MTR passengers in Yuen Long station.

The police narrative of what happened in Yuen Long on the evening of 21 July, 2019 has morphed from an attack by white-clad men on ordinary people into a violent confrontation between men in white T-shirts and men wearing black.

Here’s the New York Times description of events.

HKCNews have a graphic with links and explanations of the attack.

The RTHK programme Hong Kong Connection: 721 Yuen Long Nightmare investigating the attack has been deleted as the censorship and coverup continues… The programme and a second collected CCTV footage dated 21 July from different cameras and interviewed several people there that night to reconstruct the attack’s timeline and take a closer look at the police’s action during Yuen Long’s ‘nightmare’.

https://youtu.be/mrHywuxPMV0

Tsuen Wan Waterfront Cycle Track Opens

The 2.3 kilometre-long Tsuen Wan Waterfront Cycle Track is now fully open. Running from Tsuen Wan Riviera Park to Bayview Garden the path forms part of the 82km New Territories Cycle Track Network. 

The new track as the name suggests runs along the waterfront and offers panoramic views of the Rambler Channel and Tsing Yi and connects to venues such as Tsuen Wan Riviera Park, Tsuen Wan Park and Tsuen Wan Sports Centre. Among the ancillary facilities along the route is a cycle practise area for those new to two wheels.

Check out the full New Territories Cycle Track Network at www.ntctn.hk. The route of the Tsuen Wan waterfront section has been uploaded to the HKeMobility app.

Revolution of Our Times 時代革命 to Screen at Cannes Film Festival

Described as ‘a film by HongKongers’, the Festival de Cannes will screen Kiwi Chow’s documentary Revolution of Our Times 時代革命 about the 2019 protests against the extradition law.

“I want to express my heartfelt gratitude to Cannes. It is our honour to have the world premiere of Revolution of our Times Hong Kong has been losing far more than anyone has expected. This good news will be a comfort to many HongKongers who live in fear; it also shows that whoever fights for justice and freedom around the world, are with us! And HongKongers are staying strong!” said Chow in an email statement about the film’s inclusion in the festival.

This is how the film’s trailer is introduced on YouTube…

//“Hong Kong is on the frontlines of a global battle for freedom.” TIME Magazine

Over the past fifty years, Hongkongers have fought for freedom and democracy but have yet to succeed. In 2019, the “Extradition Bill” to China opened a Pandora’s box, turning Hong Kong into a battlefield against the Chinese authoritarian rule.

The award-winning director of “Ten Years: Self Immolator,” Kiwi Chow, made this documentary to tell the story of the movement, both with a macro view of its historical context and up close and personal on the front lines.

The 2019 movement is always labelled with the characteristics of “decentralized leadership”, “be water” (flexible tactics), “do not split” (unity but in different ways) and “blossoming everywhere” (protest all over the territory). The film covers seven teams of protestors with different stories which are put together as a comprehensive picture of the versatile movement.

Democracy and freedom are now facing an unprecedented crisis over the world. The film Revolution of Our Times is not only about the battle of Hongkongers but is about a war between all freedom lovers and dictatorships of our globe.//

Coverage of the documentary’s addition to the festival by Variety

//Cannes this year is chock full of issue-led programming about climate change, crises in Africa, diversity and equality. Few topics are as pressing or complex as the ideological clash between the liberal West and China’s modern brand of Communist-badged totalitarianism…

…Cannes is taking a significant gamble in giving the film the red carpet treatment. At a minimum, the festival risks a diplomatic complaint from mainland Chinese and Hong Kong authorities. China was previously so enraged by the Academy of Motion Pictures’ nomination of “Do Not Split” that the Chinese broadcast of the Oscars ceremony was cancelled and media were ordered to downplay the event.

It is likely that Cannes organizers have anticipated a negative reaction.

They’ve chosen to play “Revolution of Our Times” at the end of the festival, when the trio of mainland Chinese films have already played and can’t be withdrawn in protest. But there’s now a risk that China will boycott future editions of Cannes, just as it is punishing the Golden Horse Awards in Taiwan for the island’s go-it-alone tendencies.

One explanation for the inclusion of the film may lie in Cannes programmers Thierry Fremaux and Christian Jeune’s visit to Hong Kong during the protests. Walking through the battlefield of the streets, they became eye-witnesses to a painful but cinematic civil war.//

More coverage by The Hollywood Reporter

//Cannes has frequently stood with filmmakers facing political persecution in their home countries, such as Iranian director Jafar Panahi (This Is Not a Film) and Russian filmmaker Kirill Serebrennikov (Petrov’s Flu), both of whom were under house arrest and unable to attend the festival when their films were screened.

But Hong Kong’s protest movement has found precious few allies over the past two years, as Beijing has leveraged China’s outsize economic clout to attempt to punish any companies or individuals who dare throw their support behind democracy in Hong Kong…

…Hong Kong politics also are believed to have resulted in the 2021 Oscars ceremony being totally blocked from broadcast in mainland China and Hong Kong earlier this year. Broadcasters and regulators never supplied a reason for the mysterious suspension of the awards show in Greater China, but many connected to the industry believe it was intended as retribution for the Academy’s nomination of the Hong Kong protest film Do Not Split in the best short documentary category (past critical comments made by Oscar best director winner Chloe Zhao (Nomadland) about her home country also irked the authorities).//

images: Dear Bros

MCL Amoy Theatre

The new MCL Amoy Theatre opens in Kowloon Bay on 15 July. The three-screen complex has 603 seats and features as MCL puts it “the latest and best in cinema experience”. Each auditorium is equipped with 4K Laser projectors and Dolby Atmos sound. Opening ticket prices are $60

MCL Amoy Theatre
G/F, Phase III, Amoy Plaza,
77 Ngau Tau Kok Road,
Kowloon Bay,
Hong Kong

$5,000 Covid Vouchers – Registration Open

Registration for the first tranche of $5,000 Covid ‘vouchers’ is now open until 17 July. Sign up online or via the government’s iAM Smart app. Paper registration is also available, but you’ll have to wait until 1 September for your first payment.

Only adult permanent SAR residents and ‘new arrivals’ will be eligible and applicants will have to make a declaration that they are currently living in Hong Kong.

Octopus Card users will first receive HK$2,000, another HK$2,000 two months later, and then HK$1,000 several weeks after that. The vouchers can be collected by using Octopus card readers at MTR stations or in shops, or via the card’s app.

People who receive the vouchers via their AlipayHK, Tap & Go or WeChat Pay HK digital wallets will first get HK$2,000 and then HK$3,000 two months later.

www.consumptionvoucher.gov.hk

New Arrival Procedures at Chek Lap Kok

As from the 18 August 2020, arrivals at Chek Lap Kok will undergo Wuhan virus testing inside the airport before passing through immigration.

No information has yet been provided from the Centre of Health Protection as to whether those testing positive will be allowed to enter Hong Kong.

For information and personal experiences of the testing procedure and lots of information about quarantining in Hong Kong check out the excellent and informative facebook group: HK Quarantine support group

Note: Information, flight requirements and procedures change regularly so check the CHP website before flying.

Hong Kong National Security Law: Article 43

The Implementation Rules for Article 43 of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (Implementation Rules) were gazetted 6 July and will take effect on 7 July 2020.

The Implementation Rules have the force of law, and details are as follows:

1. Search of Places for Evidence

The relevant rules are formulated with reference to various existing ordinances regarding the permission to conduct urgent search under exceptional circumstances, including the Firearms and Ammunition Ordinance (Cap. 238) and the Import and Export Ordinance (Cap. 60). For investigation of an offence endangering national security, a police officer may apply to a magistrate for a warrant to enter and search a place for evidence. Under exceptional circumstances (for instance, in urgent situations), a police officer not below the rank of Assistant Commissioner of Police may authorise his officers to enter the relevant place to search for evidence without a warrant.

2. Restriction on Persons under Investigation from Leaving Hong Kong

With reference to provisions under the Prevention of Bribery Ordinance (Cap. 201) which restrict a person under investigation from leaving Hong Kong, the rules authorise police officers to apply to a magistrate for a warrant to require a person who is suspected to have committed offences endangering national security to surrender his travel document, and to restrict that person from leaving Hong Kong, lest some of the persons involved in the case abscond overseas. A person who has surrendered a travel document may make application in writing to the Commissioner of Police or to a magistrate for its return and for permission to leave Hong Kong.

3. Freezing, Restraint, Confiscation and Forfeiture of Property Related to Offences Endangering National Security

The arrangements concerned are formulated with reference to the existing powers and provisions under the Organized and Serious Crimes Ordinance (Cap. 455) and the United Nations (Anti-Terrorism Measures) Ordinance (Cap. 575). If the Secretary for Security has reasonable grounds to suspect that any property is property related to an offence endangering national security, he may, by notice in writing, direct that a person must not deal with the property. The Court of First Instance may, on the application by the Secretary for Justice, order the confiscation of the property related to the offence. Anyone who knows or suspects that any property is property related to an offence endangering national security is obliged to make a disclosure to the Police Force as soon as is reasonably practicable, and must not disclose to another person any information which is likely to prejudice any investigation which might be conducted following that first-mentioned disclosure. In addition, the Secretary for Justice may make an application to the Court of First Instance for a restraint order or charging order to prohibit any person from dealing with any realisable property, or impose on any realisable property that is specified in the order a charge for securing the payment of money to the Government. Furthermore, the Secretary for Justice may also make an application to the court for confiscating the proceeds arising from an offence endangering national security and ordering the amount due be paid within a fixed period.

4. Removal of Messages Endangering National Security and Request for Assistance

If the Commissioner of Police has reasonable grounds to suspect that an electronic message published on an electronic platform is likely to constitute an offence endangering national security or is likely to cause the occurrence of an offence endangering national security, he may, with the approval of the Secretary for Security, authorise a designated police officer to request the relevant message publisher(s), platform service provider(s), hosting service provider(s) and/or network service provider(s) to remove the message; restrict or cease access by any person to the message; or restrict or cease access by any person to the platform or its relevant part(s). It is a reasonable defence if the technology necessary for complying with the requirement was not reasonably available to the publisher or relevant service provider; or there was a risk of incurring substantial loss to, or otherwise substantially prejudicing the right of, a third party.

If the publisher fails to cooperate immediately, and the relevant information on the Internet will continue to seriously affect members of the public, police officers may apply to the magistrate for a warrant to seize the relevant electronic device and take any action for removing that information as soon as practicable. Relevant officers may also apply to the magistrate for a warrant under specific circumstances to authorise police officers to request the relevant service provider to provide the identification record or decryption assistance as the case requires.

5. Requiring Foreign and Taiwan Political Organisations and Agents to Provide Information on Activities Concerning Hong Kong

If the Commissioner of Police reasonably believes that it is necessary for the prevention and investigation of an offence endangering national security, the Commissioner of Police may, with the approval of the Secretary for Security, by written notice served on a foreign political organisation or Taiwan political organisation, or a foreign agent or a Taiwan agent, require the organisation or agent to provide the Commissioner of Police with the prescribed information (including the activities, the personal particulars, as well as the assets, income, sources of income, and expenditure of the organisation in Hong Kong) in a prescribed manner within the specified period. The relevant rules are formulated with reference to the prevailing provisions of the Societies Ordinance (Cap. 151) under which Societies Officers may request the provision of information from societies.

6. Application on Authorisation for Interception of Communications and Covert Surveillance

To effectively prevent and detect offences endangering national security and protect the confidentiality of information related to national security, all applications for interception of communications and covert surveillance operations must be approved by the Chief Executive. Applications for the less intrusive covert surveillance may be made to a directorate officer of the Police Force designated by the Chief Executive. The authorising authority has to ensure that the covert operation concerned satisfies the proportionality and necessity tests before granting the authorisation. According to Article 43 of the National Security Law, the National Security Committee shall be responsible for supervising the implementation of the stipulated measures by the Police Force. On the other hand, the Implementation Rules provide that the Chief Executive may appoint an independent person to assist the National Security Committee in performing the aforementioned supervising responsibility. Furthermore, the Secretary for Security issues Operating Principles and Guidelines for the purpose of providing operating principles and guidance to officers of the HKPF regarding the making of relevant applications and the exercise of powers. Officers of the HKPF are required to comply with the provisions in the Operating Principles and Guidelines when performing any function under the relevant rules. The Operating Principles and Guidelines will be gazetted at the same time with the Implementation Rules.

7. Requirement to Furnish Information and Produce Materials

For the purpose of assisting an investigation into an offence endangering national security or the proceeds obtained with the commission of the relevant offence, the Secretary for Justice or police officers may apply to the court for an order to require the person concerned to answer questions within a specified time period, or to furnish or produce the relevant information or material. The provisions are formulated with reference to the relevant powers and provisions under the Organized and Serious Crimes Ordinance (Cap. 455) and the United Nations (Anti-Terrorism Measures) Ordinance (Cap. 575) currently.

Penalties

To ensure the effective implementation of the above relevant measures, there is also a need to provide in the Implementation Rules relevant penalties for contravention of the requirements.

For instance:

  • If a person who published a message fails to comply with the requirement of the police to remove the message endangering national security without reasonable excuse, the person is liable on conviction to a fine of $100,000 and to imprisonment for one year.
  • If a service provider fails to comply with the requirement to remove messages endangering national security, or to restrict or cease access to messages or platforms, or the request to provide assistance, the service provider is liable on conviction to a fine of $100,000 and to imprisonment for six months.
  • Furthermore, a foreign political organisation or Taiwan political organisation, or a foreign agent or a Taiwan agent, who fails to provide information as requested by the Police is liable on conviction to a fine of $100,000 and to imprisonment for six months unless it can prove that it has exercised due diligence and there have been reasons beyond its control.
  • If any information provided is false, incorrect, or incomplete, the person who provided the information is liable on conviction to a fine of $100,000 and to imprisonment for two years, unless the person has grounds to believe that the relevant information was true, correct and complete.

As for other items, the relevant offences and defence (if specified) are largely the same as the existing provisions in the laws that the Implementation Rules have made reference to.

The provision of defence provisions under appropriate circumstances provide appropriate defence for people who fail to comply with the requirements.

The above Implementation Rules are in compliance with the requirements concerned under the National Security Law and the Basic Law, including the requirements concerning the respect and protection of human rights.

Updated with the official translation 00:12, 7 July, which can be read here

World Sports Photography Awards 2020

This beautiful shot by Stefan Wermuth for Reuters of the Hong Kong Women’s Artistic Swim Team in the ‘Team Free Competition’ at the 18th FINA World Championship, took Gold in the Precision category of the World Sports Photography Awards 2020.

The championships took place during July 2019 in Gwangju, Republic of Korea and Hong Kong were 25th in the Team Free.

Congratulations to Stefan on his gold medal. You can see all the awarding photos at the World Sports Photography Awards website.