A Guide to Protests

guide-to-protest

What to wear
Wear shoes, or trainers no sandals
Wear shorts or trousers, no skirts, no dresses.
Wear clothes without distinguishing motifs or logos.
Weather permitting, wear, long sleeve shirts or hoodies.

What to bring
Your telephone with a good battery recharger.
Camera, with a large clean memory card + spare
Goggles / protective glasses to cover your eyes.
Mask to cover your face.
A pack of saline solution to help people who have been pepper sprayed.
If you can afford it, buy a body camera.
Don’t carry anything that may be misconstrued as a weapon. (Example scissors)
Don’t carry anything that could incriminate you with illegal activity. (Example, plans, notes or lists.)

Before you leave
Inform your family or friends before going to any protest.
Encrypt your phone with a good access code. You can easily encrypt your phones with a six figure lock, not the usual four digits. This is much more secure. Do not tell ANYONE you don’t trust your phone code at any time for any reason.
Make sure your phone locks after one minute of inactivity.

Create an Emergency Plan
Your Emergency Plan will kick in if you are assaulted or arrested. Share this with your close buddies and discuss at length what to do.
Your buddies will know your Emergency Plan and will be responsible for getting you a lawyer, or attend your social media if you can not.

Be mentally prepared for what you are facing. Protesting in Hong Kong now is not a joke. Both the police and communist forces wish you ill.

Accessing the protest site
If possible, don’t access any protest sites from the nearest MTR exit. Take alternate exits where possible, or better still, come in from different routes.
Check trusted Twitter, Facebook and other social media feeds for up-to-date information on what’s going on at the protest site before you arrive.
Don’t subjugate to HKID checks unnecessarily. Be polite, but ask why you’re being checked, or what crime they suspect you of committing. The police will cite the immigration ordinance, ask them if they suspect you of breaking immigration law.
If possible, sit on the floor. Say you feel faint. If they are insistent that an ID check is necessary, if you are brave enough, go to the police station to reveal your ID. If every police ID check needs to be transferred to the station this will be a huge drain on critical police resources. It’s a hassle to go to the police station, but see it as your contribution to the overall protest on the day.
Always be polite and accommodating in your actions, but you do not need to yield to an ID check and bag search easily. Technically, the police powers for ID checks and searches are granted so the police can a) apprehend people they have good reason to believe have committed or will commit a crime. b) people who have broken immigration laws. As a protester you are none of these, so you have no reason to make their unreasonable request for ID checks simple and fluid.

12342603_696300413804611_3290613125850605003_nGangs of black cops hang around nearby MTR exits and like to intimidate individuals by swarming them into a corner. Make their jobs pointless and use different exits. Once you have been picked out for an ID check, you may as well try and soak up as many police as possible. So, be courteous but slow and methodical in your actions. Someone will be filming, to make sure the police don’t overstep their powers. Most of all be brave.

Although surgical masks are a way to try and conceal your identity they also highlight you as a potential protester, who the police will target for searches on the perimeters of protests. If you want to wear a mask, best to put it on as soon as you reach the protest area and not before exiting the MTR.
There’s no point wearing a mask if you are also wearing a distinctive design T-shirt too. Police use identifying marks on hats and shirts to ID people. Go to the shops and buy yourself some black T-shirts for protests if you truly want to look anonymous.

Camera, Video
Use your camera! Video the police, especially if they are attacking to arresting someone. Your video may save that person from jail by showing the police lied about what happen. Video blue ribbon and pro-Bejing supporters if they try to incite violence by aggressive shouting or actions.
Upload and share you video publicly to fb groups and news sites, your video is no good to anyone stuck on your home computer.
Make backups and duplicates on different hard drives.

At the protest
Caged off protest areas are in fact a form of illegal crowd control. The police use them as an excuse for protecting protesters and facilitating pedestrian flow but, in fact, their greatest function it to restrict your liberty at critical times. Let the protest superstars and group flags set up in these areas. As a supporting protester, it is best to orbit these areas slowly and calmly. Keep moving if the police ask you, don’t cause a blockage but refrain from entering these cages as they are traps.
If the police build a line, move past it as quickly as possible. Never face-off a police line. Move and probe, move and probe. Police tactics are based on containment. As a protester you should be like water and move out as soon as you feel you’re being contained or restricted.
Police like plans and like to create control areas and police lines to control crowds into small restricted areas. When arriving on site, try to work out roughly what the police control area is and expand it into other areas. Look for unconventional exits and routes to other areas. Congregating just one street outside the control area puts the police off balance and under pressure. Once you see that they have adapted to your new area, find another area, or go back to the original control area. There may now be a weakness in their plan as they become over-extended. Most police and security guards know little about what’s going on. They are in terrible fear of making a mistake and fear crowds that are highly fluid.

The police want everything to go as planned. They are under enormous pressure not to lose control. As a direct action protester, your role is to make the police feel like they’re losing control, even if they’re not. When this happens, they make mistakes. When police make operational mistakes they usually turn to violence to compensate. Needless violence has the potential to mobilize more protesters either on the day or in the future.

Police hate to move. As a protester, movement is your greatest weapon. During the Occupy, protests often suffered from a lack of mobility. It is no longer tactically worthwhile to get into long, tense stand-offs with police over irrelevant areas. There are no sacred sites to protest in Hong Kong. If police amass force, go somewhere else. You are not losing face. Police hate to move into a new area they’re unprepared for and their plans always collapse. They are effectively a bunch of Yes-men leading a group of idiots. They don’t deal with spontaneity and fast moving groups.

If you don’t want to be arrested, don’t shout or engage in heated conversations with the police. Many arrests simply come from police frustration and anger.

As a protester, just being there is a powerful statement. You do not need to verbally confront the police or communists to make your voice heard more.

Getting arrested
If you have been targeted for arrest: Don’t fight. Don’t resist. The best policy is as soon as you are being accosted by two or more police let them drop you to the floor and assume an unresponsive state. Military special forces train their operatives to be passive, but hyper-alert when captured. If you fight and resist it will only inflame the officers aggression towards you and you could be looking at assaulting a police officer charges. They want this. The police know they have the power and they want to use it to fuck you up in any way they can. Not just physically in the arrest but for months and months afterward.
Many times, most of the arresting police will have no clue as to why you have been targeted for arrest. They are essentially an organized gang, conditioned to pile in on any protesters who gets targeted.
Most times the only charge they can pin on you is resisting arrest, obstructing a police officer or assaulting a police officer. There is often no instigating charge as to why you were originally chosen for arrest. Don’t give them the opportunity to increase their violence level. Stay down, pretend to be semi-conscious, hurt and unresponsive but hyper alert to everything that is going on. Feign sickness, feign injury but make it convincing. Absorb as much time, manpower as possible in a passive, non-violent way.

Once they try to move you, then you need to shout out your name and importantly demand to know, why you’re being arrested and that you want your rights read to you there and then.

Shout – WHY AM I BEING ARRESTED? READ ME MY RIGHTS NOW!

Many people will be recording your arrest on video. Police should not detain anyone’s liberty without first telling them exactly why they are doing it and what are their rights. The police almost always ignore this important arrest step under the erroneous notion that it is not operationally practicable at the time. Therefore, you must make sure that you give the police this opportunity as soon as they try to move you. It will serve you well when being charged or in court.

Do not shout out political slogans, this is a total waste of time. Police can use this against you and say you were acting noncompliant and resisting arrest.

If you can speak English well, then definitely shout out in English and demand all communication in English. The police can not dictate to you what language you wish to communicate in.

Try to remember the uniform numbers of the police who arrest you and what they faces look like.

Once you’ve been arrested
Once you’ve been arrested, this is not the time to act like a tough guy. The police will be looking to take their frustration out on you with physical and verbal violence. Again, even the toughest SAS operatives are trained not to be confrontational when captured, and instead look weak. If you show strength, it will invite violence. The Hong Kong’s police force, behind its First World outer image, is a Third World, dictatorship guard force, they WILL use violence against you.

Once in the police van, keep you head down, don’t make eye contact, don’t speak, don’t rise to any provocations. The police will verbally and physically attack you while in the van. Most of the front line PTU guys are sub-intelligent, high school drop-outs, who can only express their frustrations at the political situation which they don’t understand, through violence. Give them as little opportunity as possible to increase the violence. They will be looking to do this at every opportunity.

Once at the police station
Repeatedly ask what crime you have committed whenever you get a chance. This is the only thing you should push with determination.

Every time the police want to talk to you, ask them what you have been charged with and push it further if it’s not clear.

You have the right to request a lawyer. Keep bugging them if they are stalling you.

Do NOT tell them your phone encryption. You are under no obligation to do this. It will not make things better for you if you give them your phone access code. In fact it will make it worse, in the long-term.

You only need to provide info on your ID card and a mailing address. The police will demand that you give them more information. You are under no obligation to give them anything, and it will not make your time in the police station any better, no matter what they say.

If you are holding a foreign passport, ask for an interpreter or consulate contact. If you look Chinese, then they will almost certainly say no, but you have the right to insist on consulate protection.

During any interviews or if they ask you to make a statement. Just say ‘nothing to say.’

Reply to all of their questions with ‘nothing to say.’ Don’t forget, in the current common law system, the burden of proof is ‘supposed’ to be on them to prove your guilt. They will start to build a case based on what you say as invariably the arresting police officers have almost no decent recollection of why you were arrested. So say NOTHING. Let them make the case, don’t help them in any way.

Repeatedly ask for lawyer.

Ask for water and toilet breaks as many times as you want.

They will write a statement and ask you to sign, DO NOT SIGN!

You can sign a copy that is ‘Right to Arrestee’. But not any statement or the interview record.

They will take away your phone, ask them why. They will say, for evidence. You should protest this through your lawyer often. Being arrested for illegal assembly and taking your phone do not correlate. You are not a terrorist, even though many in the police force would like to see you treated as one.

You will most likely have to stay in custody for many hours, or even days. It’s very boring, but you can go to toilet as many times as you want. Try to keep yourself cheerful. It’s not as bad as it seems. The officers will try to use the long, boring hours to soften you up so they can get something from you to help secure a conviction. The less you give them, the better it is for you. Remember, any questions say, “I have nothing to say.”

Be extra nice to the police who are in charge of your custody. They are usually nicer than the pumped-up PTU that arrested you. They can also mess with your food up or stall your toilet break if you’re rude to them. Again, remember, once you’ve been arrested it is not time to act like the tough guy. You are completely at their mercy. Make your visit to the cells as boring as possible.

If you’re not starving, don’t eat their food, they could tamper with it.

CID will also interrogate you. They will invariably use violence against you if you are a male If you are a female, a madam will play the good cop role. Don’t fall for it. No one in the police station has your best interest at heart. Every police officer you encounter would like to see you go to prison, even if you’re not guilty of anything.

They will ask you if you have been to Occupy Central, your answer should be, “nothing to say or Occupy Central never happened”.

If they beat you up, tell your lawyer and ask for a medical check-up as soon as possible.

At the hospital
Doctors or nurses might also ask you why you were at the protest, don’t answer, treat them the same as if they are police officers. Anything you say can be recorded by the accompanying police officer and used against you in court at a later date.

Remember where you go for the check-up. Emergency room or medical clinic?

Remember your doctor and nurse’s name.

Remember the time.

While visiting the hospital, the police may try to be nice to you and extract information as evidence against you. Don’t tell them anything.

The police will take away your medical record. This is why it’s important to remember the details so you can retrieve it from the hospital at a later date. (Not sure if the police have right to do this, but they do)

After you’re released
1) Try to approach Progressive Lawyers Group or similar organizations.
2) Appeal your bail condition if they’re unreasonable.
3) Apply for legal aid.
4) Talk to your lawyer often. Tell him/ her your difficulties
5) The legal process fucks you up and brings emotional problems. Talk to people. You are not alone.
6) Record all your expense because of the case. Tell the court you want to claim it if you are judged innocent
7) Bring your paper and pen to record the judgment from the magistrate. Magistrate statement is not uploaded on the website.
8) Inform your lawyer if you have any new evidence. Don’t surprise your lawyer.
9) Ask for the statement from the prosecutor. You will need to go through the duty lawyer office for that. And pay for the copies. But get the statement from the cops and study them to find loopholes (which are everywhere because they fucking lie)
10) Duty lawyer office is on your side and helping you. Be nice to them so you don’t get screwed by bureaucracy

Dealing with police violence

CS Gas
The only effective way to deal with CS gas is to move out of its way as quickly as possible.
If you have taken in a lot of gas, stay calm, don’t panic, keep moving away from the gas.
You can flush your eyes with water.
The military teaches soldiers to stand in the wind, put your arms out and let the burning sensations pass.
Don’t rub or scratch any burning sensations.
If you continue to feel shortness of breath after the attack, seek medical help.

Pepper Spray
The most effective way to deal with pepper spray is saline solution.
Water, although temporarily soothing doesn’t help.
As a protester, you should try to carry some vials of saline solution on you at all times.
If you have been pepper sprayed, stay calm, stay still and wait for help to come to you. Lie on the ground if safe to do so.
In a confusing situation, you may not be noticed very quickly if you stumble around, blind in the crowd.
If you lay on the floor, you will be more noticeable as a casualty and medics can seek you out to help you.
If you get hit directly in the eyes, you can expect to have all but no vision until someone comes and washes out your eyes with saline solution. Water doesn’t clear it
The burning sensation can last for hours. But don’t worry, after the initial shock the sensation is manageable.
If you have been in the close vicinity of a pepper spray attack, remember, when you get home, to rinse your head under the shower by leaning forward to wash away any residue. Keep your eyes closed.

Baton charges
On 28th September, the police employed CS Gas on a large crowd of people and caused a huge international backlash. On the day of the Admiralty Escalation, at the end of Occupy, pumped-up PTU used baton charges twice and dispersed almost the same amount of protesters without even close to the same backlash. Since then, batons are the weapon of choice for the police.
In fact, hitting unarmed civilians with reinforced sticks is probably the most brutal form of street suppression next to shooting them, but the HK Police Force does not care about image anymore. They only care about what works to satisfy their communist masters.
If you get enough aggressive police wielding batons at people who are essentially non-violent, then nothing can stop the crowd routing other than retaliatory levels of extreme violence. On the day of the Admiralty Escalation, PTU officers didn’t even carry shields when they attacked the crowds, this is how confident they were that they would not be attacked back. What kind of police force attacks a crowd without shields? The answer is easy, a very cocky confident one. As the HKPF know that the Hong Kong public are not yet ready to employ such retaliatory violence, they will continue to use baton strikes as their preferred means of crowd dispersion into the future.
Even helmets and shields are no match for an aggressive baton charges. The best way to deal with a baton charge is;
a) Don’t stay in one place long enough to allow the police time to carry out one.
b) Get out the way as quickly as possible. Remember, if the protest is like a wall, then hitting it hard with a baton has maximum effect. If the protest is like water then is has no effect.

Most of all, stay safe, keep moving. You can’t out violence the police force as they have AR-15s and if that doesn’t work the PLA have tanks.
But you can out maneuver them constantly and make them lose control.
This is your greatest weapon as a non-violent, direct action protester.

Agent Provocateurs
All police forces use agent provocateurs. The HKPF is no different. It is in their interest to make protests look chaotic and disorderly. It plays to their communist master’s narrative and helps them get big budgets to buy more gear to oppress people. However, the police’s desire to create disorderly protests is always trumped by their overriding desire to keep general order and control of the whole situation. Meaning that agent provocateurs have an interest in making trouble where there are a lot of police nearby to contain it. Likewise, agent provocateurs are rarely interested in relocating to places where there are fewer police or acting spontaneously outside of designated protest areas. Be wary of people who seem unafraid of large groups of police. They’re either stupid or cops.
Hong Kong undercovers are often very easy to spot. A G-Shock watch is always a giveaway. What kind of adult wears G-shocks other than the police in HK? If you suspect, someone is an agent provocateur, talk to them and find out why they’re at the protest. Ask them political questions. Any real protesters will be happy to express their opinions on the specific reason they’re there. Most police have very little clue about why people are protesting and are reluctant to express any opinions.

Distinguishing, Spontaneous Protesters from Agent Provocateurs
Spontaneous Protester are looking to exploit any weakness quickly. They may call on you to act fast and move quickly to achieve a goal. If there are little or no police around, you can be fairly confident they’re Spontaneous Protesters and not agent provocateurs. As stated before, agent provocateurs, like to stir up trouble when the police are there to contain it. By way of example, if the police gear up in front of protesters, agent provocateurs will tell you to stay and face the police off, Spontaneous Protesters will tell you to leave and regroup somewhere else.

After the protest
Upload and share your video and photo. If you saw something happen write down what you saw while the memory is still fresh. Share and tag what you saw happen. You would want that help if something happened to you, make sure your images are there to help others.

Hong Kong is Not China – 17 November, 2015

https://bcmagazine.smugmug.com/Bcene-photos/2015/Post-Match-Hong-Kong-is-Not/i-G5vjM85

https://bcmagazine.smugmug.com/Bcene-photos/2015/Post-Match-Hong-Kong-is-Not/i-LqBvz5W

Outside Mongkok Stadium after Hong Kong’s World Cup qualifier against China, a boisterous show of Hongkonger’s pride in Hong Kong – Hong Kong is not China.

https://bcmagazine.smugmug.com/Bcene-photos/2015/Post-Match-Hong-Kong-is-Not/i-TBrLt8P

https://bcmagazine.smugmug.com/Bcene-photos/2015/Post-Match-Hong-Kong-is-Not/i-ZsML9Pq

https://bcmagazine.smugmug.com/Bcene-photos/2015/Post-Match-Hong-Kong-is-Not/i-L4CvC72

Egg Protest @ High Court, 18 October, 2015

https://bcmagazine.smugmug.com/Bcene-photos/2015/Egg-Protest-High-Court-18/52693169_2Wwrn7#!i=4442799313&k=rm9kpBh

Egg protest at the High Court, 18 October, 2015
Click on any photo to see the full gallery

https://bcmagazine.smugmug.com/Bcene-photos/2015/Egg-Protest-High-Court-18/52693169_2Wwrn7#!i=4442801342&k=856pcJB

https://bcmagazine.smugmug.com/Bcene-photos/2015/Egg-Protest-High-Court-18/52693169_2Wwrn7#!i=4442798246&k=xZdcmx2

https://bcmagazine.smugmug.com/Bcene-photos/2015/Egg-Protest-High-Court-18/52693169_2Wwrn7#!i=4442797722&k=kc7V7PR

Dark Corner One Year On

https://bcmagazine.smugmug.com/Bcene-photos/2015/Dark-Corner-Anniversary-Vigil/52610860_BPtRQN#!i=4432581488&k=R4jnxvk

Ken Tsang was arrested as the man suspected of throwing an unknown liquid at police. A TVB camera crew filmed seven policemen carry Tsang to a dark corner and beat him. Despite the clear irrefutable video evidence, a year later the police involved have still not been charged.
Click on any picture for the full gallery

https://bcmagazine.smugmug.com/Bcene-photos/2015/Dark-Corner-Anniversary-Vigil/52610860_BPtRQN#!i=4432586688&k=BMhD4sm

https://bcmagazine.smugmug.com/Bcene-photos/2015/Dark-Corner-Anniversary-Vigil/52610860_BPtRQN#!i=4432582874&k=fwstnqT

Nevermind Facebook Likes, 12 Ways the HK Police Force Could Improve Their Image.

hk-police

Nevermind Facebook likes… Richard Scotford, a Hongkonger, offers twelve ways the HK Police Force (HKPF) could improve their image. I’m sure you can add more

1) The HKPF needs to come out and officially admit that using CS gas at 17:58 on 28/09/2014 was a mistake and they’re sorry to the public.

2) The Seven Black Police videoed beating Ken Tsang need to go on trial.

3) Franklin Chu needs to go on trial.

4) Wilson Yeung who needlessly pepper-sprayed me directly in the eyes for no reason and without warning needs to go on trial.

5) The Complaints Against Police Office (CAPO) needs to be completely shaken up. They should get rid of the attitude of, how do we find a way to exonerate this officer, and instead work off the basis that in any organization, there are people who need to be disciplined. Some need severe discipline. Some need to go to jail. In a force of 30,000 people there are going to be some bad eggs. This is actually good for morale and maintains integrity and respect for the other officers. What we have now is a feeling in the police force of, these democracy protesters are our enemies and we can not let them win at anything. We lost face to them during Occupy and that will never happen again. Therefore we will bend the law and pervert justice in order to protect our own and the ‘face’ of the police force whenever it comes to dealing with democracy protesters.

6) No more putting people in taxis. Either they’re arrested or they’re left to find their own way home. Escorting violent people and putting them in a taxi is NOT keeping the peace. It’s collusion with dark forces. If people break the law, arrest them or leave them to their own devices. No more police home-escorts for people who have clearly broken the law.

7) No more mobilising 100s of PTU to protect aunties or CCP protesters. CCP supporters or aunties should be told that there is no longer police protection for their activities. People who break the law on Sai Yeung Choi Street or at protests will be arrested according to the law, but no more huge protection squads guarding people who are favoured by the Liaison Office.

8) No more pepper spraying peaceful protesters without warning. Pepper spray is a chemical weapon designed to subdue people who are clearly acting violently and will not desist in their activities. Pepper spray is NOT a means of passive crowd control.

9) No more threatening and hitting peaceful protesters with batons. Batons are an extreme weapon that should be used on people who are acting extremely violently or have weapons. Batons are not a form of passive crowd control.

REMEMBER – as a citizen I have a right to choose what actions I wish to carry out. If those actions do not physically threaten or harm anybody, then it is not a given that police can use extreme violence to prevent me from carrying them out. Law is a function of justice. The ultimate aim of a civil society, like Hong Kong is to create a society based on JUSTICE. Not on a society that only obeys laws. If I break the law, then I shall be put in front of a judge and given justice in accordance with what laws I have broken. Just because I break the law, it doesn’t then absolve me of my most basic humans rights of freedom from harm and physical violence. Meaning,

10) The police need to stop extra-judicial, street justice immediately.

11) Stop beating people up in the police vans or police stations.

12) When the police arrest someone, tell them IMMEDIATELY why they’re being arrested. Read them their rights before they are removed from the scene according to the Hong Kong Bill of Rights Ordinance, Article 5(2) Stop Hog-tying protesters like they’re armed psychopaths. Protesters arrested need to be given basic human dignity when they’re detained and not hauled off like pieces of meat with no rights.

Oh, one last point…. CLEAN THEIR SCRUFFY BOOTS and SHOES. Their boots are still a shabby mess, which is a direct reflection of the senior officers who command them.
Time to lean, time to clean! The commanding officers have no standards and it shows in the scruffy shoes of their subordinates.

Press Statement Faculty of Law, The University of Hong Kong

The Faculty of Law refutes in the strongest possible terms unfair criticisms that were said to have been made against Professor Johannes Chan in the last Council meeting of Sept 29, 2015.

Prof. Chan has long been recognised as a leading scholar of public law and human rights in Hong Kong. Before he became Head of the Department of Law in 1999 and subsequently Dean of the Faculty of Law, he had already been promoted by the University to his current academic position as Professor in 1998, after rigorous external assessment and on the basis of international recognition of his contribution to legal scholarship. In 2002 he was elected Dean of the Faculty. In 2005, when the University changed its deanship system to appointment of full-time deans on the basis of international recruitment, Prof. Chan was selected by the search committee and appointed the first full-time Dean of the Faculty.

Speculations that Prof. Chan was appointed Dean only because he is a nice person are groundless. While Prof. Chan is certainly a nice person, his colleagues respect him because of his excellent leadership and management of the Faculty, his vision for the Faculty’s role in providing high-quality legal education and promoting the rule of law in Hong Kong and as a centre of excellence in research on Western, Chinese and international laws, his unique ability in promoting and motivating colleagues to achieve this vision, and above all his utmost honour and integrity. During his term of office as Dean, Prof. Chan was also tireless in his efforts to deepen the Faculty’s ties with Mainland and overseas Universities, and the Faculty achieved high rankings in the QS World University Rankings.

Prof. Johannes Chan’s appointment as Honorary Senior Counsel in 2003 testifies to his high standing in Hong Kong’s legal community. Under section 31A(4a) of the Legal Practitioners Ordinance, a member of the academic staff of a law school in Hong Kong who is qualified as a barrister and who has “provided distinguished service to the law of Hong Kong” may be appointed Honorary Senior Counsel. The appointment is made by the Chief Justice after consultation with the Chairman of the Bar Council and the President of the Law Society of Hong Kong. So far, Prof. Chan is the only law teacher in Hong Kong who has been appointed Honorary Senior Counsel.

Professor Yash Ghai, Emeritus Professor of our Faculty, formerly holder of the Sir Y.K. Pao Chair in Public Law and HKU’s Distinguished Research Achievement Award (the most prestigious research award in the University of Hong Kong), wrote to us after the recent Council decision as follows:

“I was shocked to learn that the Council of Hong Kong University has rejected Professor Johannes Chan’s nomination as the University’s Pro-Vice Chancellor…

I was Professor Chan’s colleague for several years at the Faculty of Law at HKU. We are both public law teachers and have collaborated on several research projects. Prof. Chan is also a distinguished lawyer who has participated in several leading cases on constitutional and administrative law in Hong Kong.
It is absurd to say that he is not qualified for the position because he does not have a Ph D. Some of the world’s leading law professors and scholars do not have a PhD degree. … When I was a law student, first at Oxford, and then Harvard for graduate studies, not one of my teachers had a PhD! …

I collaborated with Prof. Chan in writing in and editing two books, one on human rights in Hong Kong, following the adoption by the Legislative Council of the Hong Kong Bill of Rights Ordinance, and the other on the decision of the Court of Final Appeal in the right of abode case, decided soon after the Basic Law came into force. Chan edited most of the chapters, co-authored one with me, and one on his own, in the first of these books. In the second book, he took responsibility for editing contributions in Chinese language, and wrote a chapter himself. Both these books were well received and provoked considerable debate — as a good book should. Two years ago in a book that I edited with Professor Simon Young, on the first 13 years of the Court of Final Appeal and that of Chief Justice Andrew Li, Prof. Chan contributed an excellent chapter on public law. He has published articles in well-known law journals, in Hong Kong and abroad. …

Professor Chan has also written about Hong Kong’s law in popular journals and newspapers, to educate ordinary people and to stimulate debate — which is also the responsibility of a good law teacher and professor. His involvement with cases in the Hong Kong courts is also consistent with a scholar’s contribution to the development of the law. Developing good working relations with the judiciary and the legal profession, which Prof. Chan has done with great success, is also often regarded as the responsibility of a law teacher. His contribution to the reform of law is well-known, through litigation and research. It would be a grave misrepresentation to suggest that Prof. Chan was elected Dean of the Law Faculty because he was considered ‘a nice guy’. He is undoubtedly a nice guy. But before he became the Dean, he was the Head of the Law Department. All the students and teachers had ample opportunities to see his leadership at close quarters. It is because we were convinced of his outstanding abilities, in providing leadership, fundraising, cultivating relations with the judiciary and the legal profession, and his vision of the Faculty as a leading centre of legal scholarship, that we elected him as Dean. All the expectations that we had of him have been fulfilled…”

We hope that this statement has helped to set the record straight: Prof. Johannes Chan is internationally recognized as a leading scholar in his field. He was appointed Dean of Law for his vision, his leadership, his integrity, his passion for legal education, and above all his outstanding abilities. We have been fortunate to have him at the helm of the Faculty.

Regardless of what lies ahead, the Faculty will continue in its commitment to uphold academic freedom and the rule of law in Hong Kong.

Faculty of Law
University of Hong Kong
4 October 2015

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