The Battle for Hong Kong’s Cyberspace

https://bcmagazine.smugmug.com/Bcene-photos/2014/OccupyHK-29-September-2014/44640815_wssnHW#!i=3572981998&k=7BcXHJj

A recent paper by Lokman Tsui, a professor at the School of Journalism and Communication of the Chinese University of Hong Kong offers a chilling look at how authorities in Hong Kong outdid their rivals during the 79-day Occupy Central movement that hit the city in late 2014.

The Occupy movement braved police violence as well as political pressure and intimidation on and offline from Hong Kong and mainland Chinese authorities before being driven out by police. Technology played an important role in the movement’s organization and coordination, becoming “a critical channel for communication with the public,” according to Tsui. He described this as “a fairly typical script” for how technology aids social movements.

In response, the government not only defended itself but, as Tsui states, went on the offensive. His paper describes the various tactics deployed by the government and its allies to dissuade and diminish the Occupy movement.

Abusing outdated online surveillance laws
The current surveillance regulation ordinance only refers to telephone, fax and postal mail, and makes no mention of Internet communications. By repeatedly refusing to confirm whether its protections extend online, the government is implying that there are none.

Twisting an online fraud protection law to arrest activists
“One of the more problematic arrests made under [Crimes Ordinance] Section 161 includes charging a 23-year-old from Mongkok with ‘access to computer with criminal or dishonest intent’ and ‘unlawful assembly’ for allegedly messaging folks on an online discussion forum to join him in a protest in Mongkok.”

De facto online censorship using content removal requests
“The number of requests for content removal in the four months of October 2014 until February 2015 exceeds the number of requests made in the previous four years combined.”

DDoS attacks on an unprecedented scale
“The pro-government side was able to hit a series of critical websites with an unprecedented amount of junk traffic (500 Gigabytes per second), including the website of the Apple Daily, a pro-democracy newspaper in Hong Kong, and PopVote, Hong Kong University’s online voting platform, leading Matthew Prince, the CEO of a hosting company that specializes in DDoS protection, to call it the ‘largest cyber attack in history.’”

Paid “50 cent” Internet commenters
Pro-government comments flooded online forums, blogs and social media networks similar to the paid online commentators working for the government elsewhere. It is generally believed that the pro-government commentators are hired by political groups sponsored by the Hong Kong government and Beijing.

Painting technology-related activities as a US conspiracy
In the case of Hong Kong, the government was “pushing a narrative of ‘foreign interference’, a xenophobic narrative that accuses civil society organizations of being inauthentic, that they are being used and funded by foreign governments, especially the United States government, who seek to undermine and weaken China by fomenting revolution in the name of ‘democracy.’”

Tsui ends the paper on a sobering note:
The Internet still has the potential to empower social movements; they might even allow temporary gaps of freedom. But the [Occupy Hong Kong] movement suggests that both the Internet and Hong Kong are at a crossroads, that both cannot take its freedoms for granted. This is not to say that spaces of autonomy and freedom no longer exist online or in Hong Kong; however, they are increasingly being marginalized and, at this point in time, are best understood as the exceptions rather than the norm.

Tsui’s paper, titled The Coming Colonization of Hong Kong Cyberspace: Government Responses to the Use of New Technologies by the Umbrella Movement, was published in the Chinese Journal of Communication in July 2015. Read the full paper on Tsui’s blog.

Originally published on Global Voices, some edits made  cc-by-icons-300

5:58, I am a HongKonger

http://bcmagazine.smugmug.com/Bcene-photos/2014/Student-Democracy-Protest/44617740_X2wFp2#!i=3570249460&k=NXDVrwd&lb=1&s=A

A year ago today at 5:58pm, police fired tear gas and pointed shotguns at HongKongers for expressing their right to free speech and demanding the right to choose and elect the people who represent and run Hong Kong.

Why do HongKongers have to stand up for these rights, because the people ‘picked’ to run Hong Kong are deliberately destroying the place we call home, while lining their own pockets.

https://bcmagazine.smugmug.com/Bcene-photos/2014/Student-Democracy-Protest/44617740_X2wFp2#!i=3571226440&k=fzFBQW4

Police Refusing To Identify Themselves

https://bcmagazine.smugmug.com/Bcene-photos/2015/Tim-Mei-Avenue-27-September/52245869_Qr7mM6#!i=4386266720&k=GF3ND9r

Police refusing to identify themselves and wear their warrant cards clearly displayed have become common place over the last twelve months. If mr policeman you are doing nothing wrong, why do you worry about being identified as a policeman and held accountable for your actions?

https://bcmagazine.smugmug.com/Bcene-photos/2015/Tim-Mei-Avenue-27-September/52245869_Qr7mM6#!i=4386252961&k=3F3St5r

 

Tim Mei Avenue – 27 September, 2015

https://bcmagazine.smugmug.com/Bcene-photos/2015/Tim-Mei-Avenue-27-September/52245869_Qr7mM6#!i=4386344190&k=8bMtcWm

https://bcmagazine.smugmug.com/Bcene-photos/2015/Tim-Mei-Avenue-27-September/52245869_Qr7mM6#!i=4386303005&k=jcJ7QqP

Tim Mei Avenue – 27 September, 2015
click on any photo to access the full gallery

https://bcmagazine.smugmug.com/Bcene-photos/2015/Tim-Mei-Avenue-27-September/52245869_Qr7mM6#!i=4386247236&k=6V8xKXp

https://bcmagazine.smugmug.com/Bcene-photos/2015/Tim-Mei-Avenue-27-September/52245869_Qr7mM6#!i=4386335970&k=X8dmTM2

https://bcmagazine.smugmug.com/Bcene-photos/2015/Tim-Mei-Avenue-27-September/52245869_Qr7mM6#!i=4386283628&k=rXhVg7X

https://bcmagazine.smugmug.com/Bcene-photos/2015/Tim-Mei-Avenue-27-September/52245869_Qr7mM6#!i=4386353923&k=rdp9RK4

Umbrella Movement First Anniversary Events

https://bcmagazine.smugmug.com/Bcene-photos/2014/Student-Democracy-Protest/44617740_X2wFp2#!i=3570296547&k=gFdD4Jt

https://bcmagazine.smugmug.com/Bcene-photos/2014/Student-Democracy-Protest/44617740_X2wFp2#!i=3570257961&k=4qGhMzt

Umbrella Movement First Anniversary Activities

September 26 (Saturday)

HKFS & Scholarism talks
Time: 1 – 9 pm (7 – 9 pm Chan Kin-man and Nathan Law)
Location: Tamar Park & LegCo
More info: https://www.facebook.com/hkfs1958/photos/a.433111302871.207569.269056797871/10153272698257872/?type=3

9WU March & Rally
Time: 6:30 – 10:30 pm
Location: Mong Kok Sai Yeung Choi Street South to Admiralty Civic Square
Contact: Ah Wai 9520 6046

http://i.imgur.com/RVnoCB8.jpg

September 27 (Sunday)

HKFS & Scholarism Talks
Time:
1 – 5:30pm (4-5:30 pm Agnes Chow)
Location: Tamar Park & LegCo
More info: https://www.facebook.com/hkfs1958/photos/a.433111302871.207569.269056797871/10153272698257872/?type=3

Christian Group Camp Out
Time:
Evening till September 28 noon
Location: LegCo
More info: https://www.thestandnews.com/politics/%E4%BD%94%E9%A0%98%E9%81%8B%E5%8B%95%E4%B8%80%E5%91%A8%E5%B9%B4%E5%B0%87%E8%87%B3-%E5%9C%98%E9%AB%94%E9%80%A3%E6%97%A5%E8%88%89%E8%BE%A6%E7%B4%80%E5%BF%B5%E6%B4%BB%E5%8B%95/

September 28 (Monday)

People Power returns to Admiralty
Time: 12pm
Location: Lennon Wall
More info:
https://www.facebook.com/peoplespower/posts/959745417420946

Civil Human Rights Front Rally
Time:
3 – 8pm (5:58 pm silent stand for tear gas memorial)
Location: Lennon Wall
More info: http://hk.apple.nextmedia.com/news/art/20150923/19305999

Mass by Father Franco Mella
Time: 4 – 5:45pm
Location: Lennon Wall
More info: http://www.police.gov.hk/info/doc/nono/CRN15046509E.pdf

Prayer & Film Screening
Time:
4-8pm
Location: LegCo
More info: https://www.facebook.com/events/721477591312188/

Prayer session by Cardinal Zen, Catholic Justice & Peace Commission
Time:
8-10pm
Location: LegCo
More info: https://www.facebook.com/events/1488805408113134/

Bible Reading at Wanchai Methodist Church for Occupy Anniversary
Time:
10:30am – 12pm
Location: Wanchai Methodist Church
More info: https://www.facebook.com/events/428896173983596/

CUHK Student Union Talks
Time:
12-10 pm (12 – 1 pm Chan Kin-man)
Location: CUHK main library
More info: https://www.facebook.com/CUHK.SU/photos/a.416078851787863.103438.416069858455429/987348491327560/?type=3

Blue Ribbon March & Rally (Defend HK Campaign = Fu Chun-chung 保衛香港聯盟=傳振中)
Time:
1:30 – 5:30 pm
Location: Causeway Bay Hang Lung Centre to Wan Chai Canal Road bridge
More info: http://www.police.gov.hk/info/doc/nono/WCHRN15047906E.pdf

Blue Ribbon March & Rally (Occupy Central Not Represent Me, Man Shek 佔中不代表我,忠義民團石房有)
Time:
2-6pm
Location: Chater Garden to Police HQ to Tamar Park
More info: https://www.facebook.com/TANGTAKTAK/posts/1493584797602452:0

eXIBddtSeptember 29 (Tuesday)

CUHK Student Union Talks
Time:
12 pm – 12 am (12 – 2pm Long Hair)
Location: CUHK main library
More info:  https://www.facebook.com/CUHK.SU/photos/a.416078851787863.103438.416069858455429/987348491327560/?type=3

September 30 (Wednesday)

CUHK Student Union Talks
Time: 12 – 4pm
Location: CUHK main library
More info: https://www.facebook.com/CUHK.SU/photos/a.416078851787863.103438.416069858455429/987348491327560/?type=3

Hong Kong Bar Association on Zhang Xiaoming’s Speech

Further reaction to Zhang Xiaoming’s speech on Saturday when he stated that Hong Kong’s Chief Executive enjoys a special legal position that puts him above the legislature and judiciary. The Hong Kong Bar Association said in an eight-page statement in both Chinese and English that the role of Hong Kong’s chief executive was clearly defined in the city’s mini-constitution and could not be said to be above the law.

Here is the Press Statement of HKBA – English – 14 September, 2015 in full.

Police Re-Write History to Remove Communists

HK Police website in 2010

The Hong Kong Police Force website has been re-writing history in an apparent attempt “clean up” the ‎Communist Party and pro-China individuals reputations. Words like “communist” have been removed in several places as have details of communists making bombs at school & setting up “struggle committees” during the 1967 communist instigated riots.

Another comment on a trend back then that resembles Hong Kong today has been removed “wealthy businessmen who had blessed the troubles, the “red fat cats” dispatched their children to universities in the much-disparaged United States and Britain”

As have all mentions of “Little Red Book”

Here is the original text from the Internet archive and ‘new’ version of history – deleted parts in bold

HK Police website in 2010

Police website text in 2010 – source
This brief flurry was but a rehearsal for the following spring. In China, the political turmoil spread and eventually lashed Hong Kong. Inflamed by rhetoric, fuelled by misplaced ideas of nationalism, huge mobs marched on Government House, waving aloft the Little Red Book and shouting slogans. Ranks of police faced crowds hurling insults, spitting, sometimes throwing acid. Never have strict discipline and stringent training paid such dividends. Staunchly, the thin khaki line held firm. Those early days in May 1967 were the start of a torrid, worrying summer. The mass protests tapered off, to be replaced by a campaign of terror and bombing. Bus and tram drivers were threatened, sometimes attacked if they went to work to keep Hong Kong on the move. Bombs were made in classrooms of left-wing schools and planted indiscriminately on the streets. Struggle committees were formed to foment strife against the government, although it was swiftly apparent none of the leaders to go to China to participate in the nationwide strife that was taking such an appalling toll, and the wealthy businessmen who had blessed the troubles, the “red fat cats” dispatched their children to universities in the much-disparaged United States and Britain.

Through the tear smoke and the terror, the police held firm. They never quavered.

Their loyalty was never in doubt. And in a remarkable show of support, the public rallied to their side. It was the common people of Hong Kong, and the police sworn to protect them, who turned the tide. The insanity gradually ebbed.

But was worse to come. In the most serious single incident of that year of violence, communist militia opened fire from the Chinese side of the border. Five policemen were cut down in the hail of bullets, nine others were injured. They were among a death toll which included bomb disposal officers killed trying to defuse booby-traps in city streets. The entire population was revolted by the bombings, particularly when a seven-year-old girl and her brother, aged two, playing outside their North Point home were killed.

Revived Police Website text
This brief flurry was but a rehearsal for the following spring. In China, the political turmoil spread and eventually lashed Hong Kong. Inflamed by rhetoric, fuelled by misplaced ideas of nationalism, huge mobs marched on Government House. Ranks of police faced crowds hurling insults, spitting, sometimes throwing acid. Never have strict discipline and stringent training paid such dividends. Staunchly, the thin khaki line held firm. In May 1967, the mass protests tapered off, but to be replaced by a campaign of terror and bombing. Bombs were planted indiscriminately on the streets.

new-police-website-text1-web

Through the tear smoke and the terror, the police held firm. They never quavered. Their loyalty was never in doubt. And in a remarkable show of support, the public rallied to their side. It was the common people of Hong Kong, and the police sworn to protect them, who turned the tide. The insanity gradually ebbed.

But was worse to come. In the most serious single incident of that year of violence, gunmen opened fire from the border area in Sha Tau Kok. Five policemen were shot dead in the hail of bullets, nine others were injured. They were among a death toll which included bomb disposal officers killed trying to defuse booby-traps in city streets. The entire population was revolted by the bombings, particularly when a seven-year-old girl and her brother, aged two, playing outside their North Point home were killed.

UPDATE
As the public increasingly criticises the police for re-writing history on its website, Police Commissioner Steven Lo Wai-chung is reported to have responded that the “streamlined version” is to match modern reading habits as the original version was “too long to fit in the page and people may lose interest in reading it.”

'new'-version-police-website3-web

Sources: 本土新聞Local Press, PassionTimes 熱血時報, 蘋果日報, Hong Kong Police Force, Real Hong Kong News, Internet Archive Wayback Machine

Zhang Xiaoming’s Comments Devoid of Legal Basis

Not that the ‘Rule of Law’ means anything in China where a ‘contract’ is often worth less than the paper it’s written on, but according to the Progressive Lawyers Group, Zhang Xiaoming’s recent statement has no legal basis under the Basic Law.

The Director of the Central Government’s Liaison Office, Zhang Xiaoming, said on the 12 September that the Chief Executive’s (CE) position transcends that of the executive, legislative and judicial branches of government, and that separation of powers between these three branches of government can only be applied at the level of a sovereign.

The Progressive Lawyers Group considers such views to be devoid of legal basis for the following reasons.

(1) The CE’s position stems from the Basic Law, with no “special legal status”

The Basic Law has constitutional status in Hong Kong SAR, and is the source which sets out the CE’s powers. The SAR’s affairs, including the CE’s roles and limits on his powers, are provided for under the Basic Law, and cannot be altered simply by some apparatchik claiming that the CE is the means by which the Central Government rules Hong Kong:

– Article 2 of the Basic Law clearly states that Hong Kong enjoys executive, legislative, and independent judicial (including the power of final adjudication) powers.

– Article 11 of the Basic Law requires that Hong Kong’s systems in respect of executive, legislature and judiciary shall be based on the Basic Law itself.

– Article 59 of the Basic Law stipulates that the SAR Government is the executive branch of government in Hong Kong, and that the CE is the head of the SAR Government. Thus, the CE is clearly and merely part of the executive branch, and does not in any way enjoy a status which transcends the executive branch.

– Article 64 of the Basic Law also states that the SAR Government must abide by the law. Thus, as the head of the SAR Government, the CR must abide by and cannot transcend the law, including the Basic Law.

As can be seen, under the Basic Law, there does not exist any so-called special legal position when it comes to the CE’s role in Hong Kong’s political system. Thus, Zhang Xiaoming’s statements are devoid of legal basis.

(2) Separation of powers between the three branches of government is not only applicable at the sovereign level, the CE is subject to legislative and judicial checks

The separation of powers between the executive, legislative and judicial branches, where they operate independently but also subject to checks on each other’s powers, is something that is currently applicable to the national, state and even local governments of many democratic jurisdictions. Zhang Xiaoming’s assertion that this concept is applicable only at the level of the sovereign clearly shows his ignorance in this regard.

As to Hong Kong, looking at the provisions of the Basic Law as a whole, the existence of such separation of powers is relatively clear, and was affirmed by the Court of Final Appeal (see Leung Kwok Hung v The President of the Legislative Council of the Hong Kong Special Administrative Region (2014), paragraph 27). The Basic Law clearly delineates Hong Kong’s executive, legislative and judicial branches of government, and in a various parts set out provisions which create checks on each other’s powers. For example:

– Article 64 of the Basic Law states that the SAR Government must abide by the law and be accountable to the Legislative Council.

– Articles 49, 50, 51 and 76 states that the CE’s checks on the Legislative Council, such as the special circumstances when he can dissolve the Legislative Council.

– As regards the judiciary, Article 80 of the Basic Law states that the various courts of Hong Kong constitute the Hong Kong’s judiciary, which exercises the Hong Kong SAR’s judicial power, and the independence of the judiciary is protected by Article 85: “The courts of the Hong Kong Special Administrative Region shall exercise judicial power independently, free from any interference”.

(3) Zhang Xiaoming should seek to familiarise himself with the Basic Law

Zhang Xiaoming graduated with law degrees from Southwest University of Political Science and Law and Renmin University of China, both of which are apparently colleges of renown within Mainland China. However, his remarks on Saturday demonstrated his twisting and ignorance of the law, which is a disservice to his alma mater’s reputation. Rather than yet again sowing trouble and discord in Hong Kong, Zhang Xiaoming the apparatchik should seek first to familiarise himself with the Basic Law before saying anything further on these topics. In short, Zhang’s comments are so patently absurd that those seeking to defend him should be careful of being seen as sailing too close to the wind, lest they end up also appearing as buffoons themselves.

Progressive Lawyers Group
14 September 2015
https://www.facebook.com/proglawgroup

Originally published in The Stand News

The Progressive Lawyers Group  are a group of Hong Kong lawyers dedicated to promoting core values of rule of law, judicial independence, democracy, human rights, freedom, and justice.