The Legacy of ‘Unequal Treaties’

unequal-treaties

No one can deny that Great Britain and China have had a long and contentious trading relationship.

To this day, many in China see this relationship through the historic lens of what has become known as the Unequal Treaties. Unlike so many things in China, the notion of an unequal treaty doesn’t quite sync with the perfunctory meaning one would first imagine.

In fact, any simple review of British Colonial History quickly shows that the principle driver behind the first war between Britain and China was Britain’s desire for trading treaties that were essentially equal. Whereas in the past, the Dragon Throne had only ever entered into treaties that overtly benefitted itself over and above the vassal or barbarian state. Between 1839-42, the British demanded, through the means of arms and military coercion, that China sign something that reflected the two great nations on par with each other both politically and economically.

Ever sticklers for detail that the British were, they sent back treaties numerous times so that the language within perfectly reflected an agreement between two equal countries, and thus ensuring that there were no hidden subtexts of one party being senior to the other. In fact, the Treaties between Britain and China were not unequal in their wording or intention. They were, in fact, the first ever treaty that the Dragon Throne entered on an equal basis.

From the Chinese side, what the term unequal alludes to, is the power relationship. Or Britain had greater power in setting the terms, mostly in the form of arms, to force China to sign the treaty. Or, if the power relationship had been more equal, China would never have signed an equal trade pact with the barbarian state, Britain.

For British people today, relating what happened in 1842 to David Cameron’s trade deals with China in 2015 is a long stretch, but no doubt it was the cherry on the top of a huge bumper bonanza for Xi Jinping’s UK delegation this week. History had finally come full circle, with the old oppressor Britain, bending over backwards, cap in hand, for divine blessings from the new Dragon Throne, apparently flush with cash.

Certainly the rulers of China, the CCP, didn’t force any trade deals upon modern day Britain. But from the tone of the ostentatious welcome afforded to the CCP, it was clear that for Cameron and Osbourne, China now has the economic clout to force Britain into modern day trade deals with echoes of the Unequal Treaties of yesteryear.

No doubt, the trade pacts that were signed were fair and equal and probably gushed with mutual respect between the two States. But just like in the original Unequal Treaties what will be remembered in history is what the text does not contain.

By being directly instructed not to talk about Human Rights or anything else that may “offend China,” Cameron conceded that Britain was the weaker party in the deal, and just like China in 1842, signed an unequal treaty that its citizens will come to resent in the years to come. For the billions of dollars of deals from China to Britain, come loaded with unwritten conditions for future UK governments to fulfil: Don’t meet the Dalai Lama, don’t comment on China’s human rights, don’t comment on China’s internal affairs, be compliant with China’s foreign policy, do not support Hong Kong, etc., etc. Or bad behaviours, as defined by the immoral CCP, will bring financial consequences for Britain, good behaviours will bring rewards. Plus, throw into this coercive relationship, the control of three nuclear reactors.

So, as long as Britain is compliant to the CCP’s will, the money will come and the reactors will keep running. Just in the same way as in 1842, where British gunboats would cease firing so long as the trade flowed in a manner that suited the Brits. It is these types of unwritten and conditional demands that make seemingly equal treaties seem very, very unequal, and is why many British people are in an uproar today.

All-in-all, Cameron’s 2015 China-Play was a bad day for British sovereignty. It was also a bad day for the future of global trade if other countries choose to follow suit and entertain a world where core-values are blatantly forfeited for short-term gains from predatory, authoritarian States.

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

Joint Statement in relation to the rejection of the appointment of Professor Johannes Chan

Joint Statement by the 18 Professional Groups in relation to the Council of the University of Hong Kong’s rejection of the appointment of Professor Johannes Chan as the Pro-Vice-Chancellor

On 29 September 2015, the Council of the University of Hong Kong (the “Council”) rejected (by 8 votes in favour and 12 votes against) the Selection Committee’s sole recommendation to appoint Professor Johannes Chan as the Pro-Vice-Chancellor. We hereby express our anger and condemnation in respect of this baffling decision. At the same time, we regret that the Council has still not given a specific explanation in connection with its decision.

But what is concerning is that, according to Mr. Billy Fung Jing-eh, student representative of the Council, members of the Council who advocated the rejection of Professor Chan’s appointment spoke nonsensically at the Council meeting by citing baseless reasons. At one point they even cited reasons such as the lack of search results for Professor Chan on Google Scholar (but one would know that law scholars or law students use specific search databases and rarely use Google Scholar as a search engine), or that Professor Chan does not have a PhD degree. Even absurd reasons such as whether Professor Chan has sent his regards to Professor Lo Chung Mau was cited as a condition for becoming the Pro-Vice-Chancellor.

Professor Chan has served the University of Hong Kong for 30 years. He was the Dean of the Faculty of Law of the University of Hong Kong for 12 years. Professor Chan was also appointed by Andrew Li, the former Chief Justice of the Court of Final Appeal in 2003, as the only Honorary Senior Counsel in Hong Kong in recognition of his achievements in education. It can be seen that the various “reasons” quoted by the members of the Council who rejected the appointment of Professor Chan are in fact unjustified. In addition, in the past few months, following the unceasing and baseless personal attacks by newspapers that are mouthpieces of those in power towards Professor Chan, the Council continued to delay its resolution to appoint the Pro-Vice-Chancellor and even used ridiculous reasons such as “waiting for the appointment of the Provost and Deputy Vice-Chancellor”. All these incidents inevitably cause us to sense that an external force in the form of Beijing is intervening with the appointment of Professor Chan as the Pro-Vice-Chancellor. We have therefore become pessimistic as to whether academic freedom can be maintained in Hong Kong.

We must also mention that it was Mr. Fung who, despite the risk of being subject to disciplinary action by the Council, disclosed what took place in the Council meeting. It was him who uncovered the various excuses made by those Council members against the appointment. In this regard, we greatly appreciate Mr. Fung’s moral courage and sense of responsibility.

Regrettably, we observe that there were numerous public criticisms directed at Mr. Fung. Concerning this matter, we must point out that according to Paragraph 5.3 of The University of Hong Kong Guide and Code of Practice for Members of the Council, Council members shall abide by Seven Principles of Public Life, including:

(1) Council members should take decisions solely in terms of the public interest;
(2) Council members should not place themselves under any obligation to outside organisations that might influence them in the performance of their official duties;
(3) In making public appointments, Council members should make choices on merit;
(4) Council members are accountable for their actions to the public;
(5) Council members should be as open as possible about all decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands;
(6) Council members have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest; and
(7) Council members should promote and support these principles by leadership and example. We consider that Mr. Fung had acted in manifestation of the above Seven Principles of Public Life, in particular in upholding Principles No. (1), (3), (4) and (5).

Furthermore, in this context it is well-established at common law that when the Court determines whether there is a breach of confidence, public interest should be taken into account. Unless the secret documents disclosed endangers public interest, the Court will not protect to such secret documents (Commonwealth v Fairfax (1980) 147 CLR 39; R v Ponting [1985] Crim. L. R. 318).

Academic freedom is one of Hong Kong’s core values. We will continue to seek accountability from those Council members who improperly interfered with the independence of the University. We are considering further actions in following-up on this incident involving the Council, and will provide the public with more details once such proposed actions have been finalised.

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2 October 2015

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.

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.

Olympic Sevens Qualifying

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The Hong Kong Sevens are the best global sporting social event around, in a world before the Internet and instant global communication the HK Sevens were known across the globe even by non-rugby players like myself. For my first tickets I queued overnight in a freezing Victoria Park and stayed three months in a city I’d planned to visit for a few days. That three months, turned into a lifetime and I’m now proudly a Hongkong and this wonderful city is my home. That first Sevens an ecstatic happy memory, the 21 that have followed, some of the best days of each year even though it’s hard work.

I love the Sevens and appreciate that they’re HK Rugby Football Union’s golden goose the multi-million annual tournament that stuffs the Union’s bank account to over-flowing. The competition that even now in the era of professional rugby, players dream of attending or playing at above almost any other. That ‘other’ was once perhaps singular, the Rugby World Cup, from 2016 the ‘other’ is a duo as the Olympics embraces Rugby 7s for the first time.

It’d be tough to say which is the biggest and best known sporting tournament in the world, the Olympics or the Football World Cup. The Olympics probably just shade it. The roar at the HK Stadium when Hong Kong won the shield in 2010 for their first trophy in a decade was amazing. But Lee Lai Shan wining gold at the Olympics was monumental as was Li Ching and Ko Lai Chak’s silver in 2004. Watching Sarah Lee win a bronze medal live at the London Olympics 2012 had me screaming at the computer monitor and walking around so proud and happy of a HongKonger’s achievement on the biggest of biggest sporting stages.

The Olympics, for all their faults, are when the world focuses on sport almost exclusively for a couple of weeks. Hong Kong’s men’s and women’s rugby 7s teams, both have a chance to be among the twelve countries who qualify to compete at Rio2016. The Olympics only happen every four years so qualifying is a hard and rare opportunity, and the fame of the HKSevens has given Hong Kong home advantage for both tournaments.

Really, you didn’t know – I’m not surprised. Tickets for the November 7-8 Qualification Tournament went on sale last week. Yet there’s no mention of this on the website of the HKRFU. Nothing on it’s facebook page, not even a tweet (account suspended). There’s been no press release about tickets going onsale. No details of how many tickets are available locally to the general public (are the Union worried that having 38,000 tickets for sale will reveal how much they are screwing the public allocation at the 7s – come on the public are not stupid, they know they get screwed every March on tickets). Nothing, nada! A black hole of promotion, advertising and awareness.

It is quite frankly a disgrace, Hong Kong might not win the gold medal at Rio2016 but qualifying would be a fantastic achievement. The roar of packed HK Stadium might be the eighth man that pushes Hong Kong across the qualification try-line against our two toughest regional rivals Japan and China. So why does the HKRFU ignore this wonderful opportunity? Are they incompetent? Jealous that the Olympics will injure their annual golden goose? Or is Olympic rugby, like women’s rugby a part of the game to be suffered by the male dinosaurs who run the local game because they’re not feted and fawned upon, their ego’s stroked, as they are by all those $uper rich corporate$ desperate for access to the holy grail of sevens tickets!

Sort it out! The players and fans deserve better!

HKRFU website 18 August, 2015 - 4 days after tickets went onsale.
HKRFU website 18 August, 2015 – 4 days after tickets went onsale.

Cantonese Being Squeezed Out of the Classroom

Cantonese Being Squeezed Out of the Classroom

Several years ago, when I found out my daughter might not get into the primary school affiliated to her kindergarten, I panicked. I had only applied to one school and now, I had to look for alternatives.

I was not looking for a famous or prestigious school. Instead, I wanted to find a school that did not have a high-pressure test culture, one that instead stressed a more relaxed and joyful approach to learning. I was also looking for a school that used Chinese as a medium of instruction and taught Chinese in Cantonese.

This proved to be much harder than I imagined in a city where Cantonese is the main language spoken by around 90 per cent of the majority ethnic Chinese population.

According to a comprehensive survey of 512 primary schools and 454 secondary schools conducted in 2013, the Cantonese advocacy group Societas Linguistica Hongkongensis found that 71 per cent of primary schools and 25 percent of secondary schools were using Putonghua as the medium of instruction for Chinese language (PMI). This meant anything between one and all Chinese classes in those schools are taught in Putonghua.

Today, whenever officials are about the government’s position on PMI for Chinese, they repeat the line that this is a “long-term goal”. In 2008 the Standing Committee on Language Education and Research (SCOLAR), a group set up to advise the government on language education, announced plans to allocate $200 million to help schools switch to PMI.

However, there is no timetable for full implementation of this long-term goal. This should make us  wonder, where did the goal come from and what are the reasons for adopting it? To try and answer these questions, I had to dig through some history.

The Mysterious Origins of the “Long-term Goal”
In 1982, the colonial government invited an international panel to conduct a review of Hong Kong’s education system. The panel recommended that Cantonese be the medium of instruction for the first nine years of schooling, so that teaching and learning would be conducted in “the language of the heart”. The recommendation was supported by the volumes of evidence that show mother-tongue teaching to be more effective.

Where it did refer to Putonghua, the panel recommended it be taught as a publicly-funded but extra-curricular subject at primary level and built into the timetable as a separate subject at secondary level.

In 1996, a report by the Education Commission said Puthonghua should be part of the core curriculum at primary and secondary levels and offered as an independent subject for the Hong Kong Certificate of Education Exams in 2000.

It also called on SCOLAR to,

“study further the relationship between Putonghua and the Chinese Language subject in the school syllabus to ascertain whether it would be more appropriate for Putonghua to be taught as a separate subject or as part of the Chinese Language curriculum in both short term and the long term.”

Note that at this stage there is no mention that Putonghua be a medium for teaching Chinese language (PMI), let alone the sole medium.

A year after the handover, in 1998, a study was commissioned to examine the effectiveness of teaching Chinese in Putonghua, to be completed by 2001. But before the studies were even finished, the first mention of the “long-term goal” appeared.

In its October 1999 review of proposed education reforms, the Curriculum Development Council said it was a goal in “the long term to adopt Putonghua as medium of instruction in the Chinese language education.”

A SCOLAR document from 2003 goes on to

“…fully endorse the Curriculum Development Council’s long-term vision to use Putonghua to teach Chinese Language.”

Yet the same document states

“…there is as yet no conclusive evidence to support the argument that students’ general Chinese competence will be better if they learn Chinese Language in Putonghua.”

In fact, of three studies referred to in the report, two studies found students’ performed no better or worse when taught in Putonghua.

According to Sy Onna, a secondary school Chinese language teacher who has studied the topic extensively, the government has never given a satisfactory explanation of why PMI for Chinese was adopted as a long-term goal. Academic research shows mixed results for the effectiveness of PMI, and has found no overall improvement in Chinese language competence.

For Cantonese language advocates like Societas Linguistica Hongkongensis, the reasons for promoting this long-term goal are clearly political – to dilute Hongkongers’ attachment to their native language on the one hand and to promote greater cultural integration with the Mainland on the other.

However, publicly at least, most proponents of PMI are likelier to cite its economic advantages and, to an even greater extent, its educational advantages.

“My Hand Writes My Mouth”
When I ask Professor Lam Kin-ping what the most compelling reasons are for PMI, he answers with the well-rehearsed assurance of someone who has answered the question many times before. Lam is Director of the Centre for Research and Development of Putonghua Education at the Faculty of Education at the Chinese University of Hong Kong, one of the organisations commissioned to carry out studies on the effectiveness of PMI in 1998.

He says he holds a fundamental “belief” that students learn better in PMI Chinese classes because they are listening, speaking, reading and writing in the same language code. Lam argues that in classrooms where Chinese teaching is conducted in Cantonese, students need to “switch codes”.

“The listening and speaking training is in Cantonese. Cantonese is at the end of the day a dialect, we can’t just write a dialect, so we have to adjust it internally, have to make it standard, switch some phrases and even sentences,” he says.

Lam thinks it makes sense to teach in Putonghua because it is very similar to written modern standard Chinese. Whereas Cantonese is a vernacular, a dialect that cannot easily be written or accepted in formal written contexts, says Lam.

For some people, this chimes with the idea of “my hand writes my [what my] mouth [utters]” – a slogan promoting the modernisation of written Chinese, harking back to the May Fourth movement of 1919 when classical Chinese was still the written standard. This core idea has been used to justify the need for PMI by scholars, education professionals and schools who support it, and is accepted without question by many parents.

But this does not make it a universally accepted truth.

Professor Tse Shek-kam, Director of the Centre for Advancement of Chinese Language Education and Research at the University of Hong Kong’s Faculty of Education, rejects the idea that students learn better in PMI classrooms because they do not have to “code-switch”. Nor does he accept that the Cantonese used in Chinese lessons is so far removed from modern standard written Chinese as to necessitate mental gymnastics.

Tse points out text-books are written in standard Chinese, which can be read aloud in Cantonese. Besides, he says, Chinese teachers do not speak in slangy street Cantonese.

“Our Chinese teachers speak very good Cantonese, very good Chinese,” he says. If anything, formal Cantonese has preserved many aspects of what would be considered literary and “proper” Chinese, he adds.

The proximity between spoken Chinese and written Chinese, “depends on the person’s education level, their reading experience and cultural cultivation.”

Tse says that if speaking good Putonghua really put students at an advantage in writing good Chinese, then students from Northeast China  and Beijing, where the “purest” Putonghua is  spoken would score highest in Chinese in public examinations. Yet, he says students from Shandong and Jiangsu/Zhejiang score higher.

“Both Jiangsu and Zhejiang are areas where distinct dialects are spoken, but they also have a strong tradition for literature and well-established publishing sectors,” Tse says.

For him, the advantages of teaching Chinese in Cantonese outweigh the advantages of teaching it in what is essentially a foreign spoken language to most Hong Kong students. Teachers and students are more comfortable communicating in their mother-tongue, making for livelier and more critical discussions that facilitate deeper learning.

Conflicting Evidence
In an interview with Ming Pao in April, one of the scholars tasked by the government to conduct longitudinal studies on the effectiveness of PMI, Professor Tang Shing-fung of the Hong Kong Institute of Education, said he had reservations about a wholesale switch to PMI, as evidence does not currently show PMI is a better way to teach Chinese language.

But PMI supporter Lam Kin-ping says his own observations in the classroom and reports from frontline teachers show students in PMI classes do perform better.

“We have seen improvements, for instance students can write longer articles, they consciously refrain from writing Cantonese terms  and phrases, it is very easy for them to adjust [to written Chinese],” says Lam.

Lam acknowledges it is difficult to find quantitative proof of the above from research data, but he says his experiences and those of teachers convince him that it is real.

Sy Onna, who teaches separate Chinese Language and Putonghua classes at a local secondary school and is a member of the Progressive Teachers Alliance, dismisses Lam’s observations. She says being able to write longer articles with fewer Cantonese colloquialisms are not necessarily a sign of better writing.

“These are only superficial improvements,” Sy says. “As Tang Shing-fung points out, argument setting, structure and composition are just as if not more important, and these have nothing to do with Putonghua.”

This may be one reason secondary schools that teach Chinese in Putonghua often switch back to Cantonese in senior classes, as students prepare for approaching public examinations (as shown in Societas Linguistica Hongkongensis’ survey).

In a study published in 2011 of a school that switched to PMI in 2000, CUHK professor Angela Choi Fung Tam found  school administrators were keen to push for PMI because they believed it would enhance the school’s reputation and help it to attract more academically able students.

This would support the view of both PMI advocate Lam Kin-ping and critic Tse Shek-kam that it is perhaps schools and parents, rather than the government who are taking the lead in pushing for the rapid switch to PMI.

But Tam’s study also found teachers were far more ambivalent – while they believed PMI would improve students’ Putonghua, they did not think it would raise their overall Chinese competence. Some senior teachers who experienced the switch said they had noticed a general decline in students’ language proficiency and school reports showed a drop in pass rates in public exams in Chinese language from 100 before PMI was introduced to around 90 afterwards.

“I think the government knows it doesn’t work, there is no evidence it works. To this day they haven’t set a timetable,” says Tse.

Making Informed Choices
I began this article outlining the predicament I found myself in while searching for a suitable primary school for my daughter. Eventually, she was accepted by the primary school affiliated to her kindergarten and we enrolled her in the sole class that teaches Chinese in Cantonese in her year. The other four classes all use PMI for Chinese.

Most of my daughter’s classmates’ parents told me they consciously chose Cantonese because they thought it would be better for their children to learn in the language spoken at home. A few of them said Cantonese was an important part of Hong Kong culture and identity.

However one parent said she was advised to place her child in the Cantonese class by education professionals, and another said it was because the PMI classes were already full. Both said they would switch to a PMI class if they could.

As I was also curious about whether my daughter’s former kindergarten classmates had ended up learning Chinese in Cantonese or Putonghua, I contacted some of their parents too. Of the eleven who replied, six had children who were in PMI classes. In most of these cases, parents said they had chosen a PMI school or class because they wanted their child to speak “native” level Putonghua.  They also believed it would help their child to write better Chinese and be good for their future careers.

Three parents said they had yet to notice any changes in their children’s Chinese abilities and two said it had a positive impact. But two parents reported a negative impact. One, who I’ll call T, said her son would sometimes mix up the characters , and , which are pronounced differently in Cantonese, but the same in Putonghua.

T told me, “I wish I had known then, what I know now, that writing good Chinese does not depend on Putonghua but on a person’s cultural and educational level and on how much they read.”

In terms of reading, it seems Hong Kong primary students are doing extremely well. In a study of reading literacy in primary school children in 49 countries and regions carried out in 2011, they ranked first – ahead of Taiwan which was seventh. So coming from a predominantly Cantonese speaking city does not seem to have affected Hong Kong school children’s reading abilities, a foundation for developing good writing skills.

The issue of PMI for Chinese has undoubtedly become a highly political and emotional one. But politics and emotions aside, the question we keep going back to is whether PMI is a better educational choice, and do we even have the information we need to make that judgment?

Any advantage gained through applying the principle of “my hand writes my mouth” needs to be balanced with the widely accepted principle that students learn better when taught in their mother tongue.

Through reviewing the evidence and speaking to experts, what I have learned is that PMI may improve students’ fluency in “native” Putonghua, but this can also be achieved through teaching Putonghua as a separate subject.  Students may use fewer Cantonese words, phrases and grammar in their writing, but PMI cannot be said to have raised their overall competence in Chinese.

For parents like me, the choices themselves appear to be shrinking. While not all the schools teaching Chinese in Putonghua do so exclusively, many of the parents I spoke to agree with me that increasingly, the classes that teach in Cantonese are being seen as somehow “inferior”. Academically stronger kids will gravitate towards or be placed in PMI schools or PMI streams. Parents who worry their children may be labeled as less able may avoid putting them in the Cantonese Chinese class.

The government has offered incentives in the form of cash and personnel to help schools switch successfully to PMI. But school governing bodies and administrators, parents and an industry of extra-curricular literature and classes profiting from a transition to PMI are providing the momentum to push a long-term educational goal that lacks clear evidence, seemed to appear out of nowhere, and carries huge political implications.

Originally published www.yuenchan.org, July 2015

Parents Concern Group on National Education
This summer marks the 3rd anniversary of the anti-National Education movement. A number of organisations, including Scholarism, Progressive Teachers Alliance, Umbrella Parents and the Parents’ Concern Group on National Education issued a joint statement on Saturday 25th July.

There will also be a series of three seminars on PMI, the Chinese History curriculum and extra-curricular activities respectively .The first seminar on PMI will be held on August 8th at 2.30 pm in Room 103 of the Duke of Windsor Social Service Building.