Tag: freedom of speech

Protestor Johnson Yeung Speaks About His Arrest

Speech by Johnson Yeung Ching Yin (ex convenor of Civil Human Rights Front) after his release on bail on 30th July 2019 evening:

There are many protestors here, some 40 of them have been held inside the Kwai Chung Police Station, and for many the 48-hour limit has passed.

I am one of the protestors arrested on 28th July. My name is Johnson Yeung. I was arrested in Central District at around 11pm that night. We were very cooperative at that time and we followed instructions given by the police. Policemen dragged me behind their shields regardless and subdued me with their fists. This is a complete abuse of police power!

“Being born in Hong Kong gives us the responsibility to make this a better place.”

My mobile phone was confiscated by the Police after the arrest. When they confiscated my mobile phone, I have told them the mobile phone must be put in a sealed evidence bag. However, they did not do so. After urging them several times, they still did not do so. They did not do so even after our arrival at the police station. Worse still, a police officer flashed a torchlight into my eyes when I was on my way to see the officer on duty. Another police officer even threatened me by saying “If you continue to be noisy you will be put inside the air-conditioned room”. They tried to use cruel treatment to threaten protestors who stood by their own rights.

The 40 more of us sat inside a car park that was as hot as a steamer for 24 hours. Some protestors may have sat there for even longer without rest. All we could do was sit. Some people were on the verge of getting a heat stroke. It is very clear to everyone whether this is normal practice or an abuse of power: The police was obviously trying to punish the protesters.

While the Police claimed that I was arrested for obstructing police officers, after detaining me for almost 24 hours, they obtained a search warrant from a Magistrate for the offence of unlawful assembly at midnight. They chose to bring me to my household in the middle of the night to disturb my family.

“The government is still sacrificing teenagers’ blood and freedom for their own dignity, power and benefit! We despise these! We want freedom! All we are asking for is freedom! We ask for autonomy! There are no rioters! There’s only tyranny!”

The above are tactics that the police are using: Illegal, inappropriate ways to discourage the people of Hong Kong from coming out to protest. All these convey one message: If you come out to protest, expect a deprivation of basic rights. Expect nuisance. Expect terror and restlessness for your family.

I do not reckon the above as what the Police should be doing. However, these actions are exactly what they have been doing to abuse and exert their power. These actions are also reasons why we have been pushing for the involvement of an independent investigative committee in reviewing the Police’s abuse of power.

Next, I would like to talk about this charge of “rioting”. There are some 40 people inside, and over 40 of us are being charged with “rioting”. I might have spent only around 20 hours with them inside this dungeon, but most of them are… (sobbing) they were only ten-odd and twenty-odd years old!

Why should they be prosecuted and threatened with the charge of “rioting”? In 2014 it was like this. In 2016 nothing changed. It is 2019 now and it has been five years! The government is still sacrificing teenagers’ blood and freedom for their own dignity, power and benefit! We despise these! We want freedom! All we are asking for is freedom! We ask for autonomy! There are no rioters! There’s only tyranny!

There are no rioters! There’s only tyranny!

I had a short conversation with several arrested protestors. In fact, they are really just… They are just teenagers that desperately hoped for a better Hong Kong. Some of them have considered migration and starting a new life in a different country, but ultimately they said: “Being born into Hong Kong gives us the responsibility to make this a better place.” Even if they have the right and the chance to immigrate, they still want to fight for freedom here in Hong Kong in hopes of making their homeland a place where people could truly live in peace. They are really not rioters. They are just a group of idealistic teenagers. I urge everyone to continue to support them.

No Extradition Protest March – 21 July, 2019

When does a massive protest march seem small?

After the enormous So No to China Extradition protest marches of June which saw millions of HongKongers protesting. Today’s march which had around 350,000 participants seemed small – but it wasn’t! It was another blunt statement of anger at Chief Executive Carrie Lam and her disfunctio0nal and corrupt administration.

https://bcmagazine.smugmug.com/Bcene-photos/2019/No-Extradition-Protest-March-21-July-2019/i-z3cLGdp

https://bcmagazine.smugmug.com/Bcene-photos/2019/No-Extradition-Protest-March-21-July-2019/i-pp7N8jN

https://bcmagazine.smugmug.com/Bcene-photos/2019/No-Extradition-Protest-March-21-July-2019/i-6QzdLq9

Handover Anniversary Protest March – 1 July, 2019

It’s become a tradition to celebrate the handover of Hong Kong to China and the birth of the Hong Kong SAR on the 1 July with a march to raise awareness of freedom of speech, human rights etc.

A march of 500,00+ people, which closed both sides of Hennessy and Lockhart roads, is an impressive statement. Including the couple of hundred thousand already in Tamar Park and at Legco, this year’s Handover Protest was probably at least 5 times the average turnout.

But in truth, after the protest marches earlier in June when 1 million and 2 million + 1 respectively turned out to protest the extradition law. The Handover March felt small! There was space around you as you walked, the march rarely stopped and the pavements were empty.

It was a massive turnout – but sadly Chief Executive Carrie Lam (who boasted when accepting the job that she would listen to the people and resign if she felt they didn’t approve of her) has already shown that the only people she listens to and cares about are those Beijing.

https://bcmagazine.smugmug.com/Bcene-photos/2019/Handover-anniversary-protest-1-july-2019/n-7XvDvj/i-phLRQMm

https://bcmagazine.smugmug.com/Bcene-photos/2019/Handover-anniversary-protest-1-july-2019/n-7XvDvj/i-jxG58xD

https://bcmagazine.smugmug.com/Bcene-photos/2019/Handover-anniversary-protest-1-july-2019/n-7XvDvj/i-sGJxhtq

https://bcmagazine.smugmug.com/Bcene-photos/2019/Handover-anniversary-protest-1-july-2019/n-7XvDvj/i-S4wzPjP

Tiananmen Square Vigil @ Victoria Park – 4 June, 2017

https://bcmagazine.smugmug.com/Bcene-photos/2017/4-June-tiananmen-square-vigil-Victoria-Park/i-QF48W8w

Tens of thousands of HongKongers gathered to remember those who died as China’s communist leaders turned their guns on their own unarmed people.

Tiananmen was 28 years ago, but the CCP continues to use violence to suppress freedom of speech, sexual equality and especially against those who speak out on corruption, incompetence, nepotism and party members self-enrichment.

While news of few of these violent put downs makes it past China’s draconian censors, we only need to see what has happened here in Hong Kong to know it’s far worse north of the border.

Here publishers disappear, kidnapped from our streets while the police do nothing. A police force that used to be respected and trusted by all. But now a force that cannot ‘see’ a pro-Beijing supporter beat someone up even when it happens infront of their eyes and is recorded on multiple cameras – yet thinks a woman’s breast is a weapon…

Sadly China is infesting Hong Kong with it’s corruption, bribery, censorship… anything that helps China’s leaders and their sycophants to make more money.

If China is so wonderful why do so many people there, especially the very rich CCP leaders, want to take their personal money out of the country and stash it in countries they claim to despise?

We cannot keep silent! We want to keep our city corruption free. Retain freedom of expression, the press, religion, sexuality, an impartial judiciary…as enshrined in the Basic Law.

If you prefer China’s vision of life, everyone working to enrich the chosen and connected few. Feel free to move North.

China gave us the Basic Law, article 25 of which states ‘HongKongers are all equal before the law’. Some though are more ‘equal’ than others and we’ve seen our government buy the tools and guns to suppress the views of those who disagree with China’s view of ‘equality’…

Who will hold a vigil for us?

https://bcmagazine.smugmug.com/Bcene-photos/2017/4-June-tiananmen-square-vigil-Victoria-Park/i-LB5dNsx

https://bcmagazine.smugmug.com/Bcene-photos/2017/4-June-tiananmen-square-vigil-Victoria-Park/i-g9CV32H/A

Beijing’s Reinterpretation of Article 104

Article 104 of the Hong Kong’s Basic Law states:
When assuming office, the Chief Executive, principal officials, members of the Executive Council and of the Legislative Council, judges of the courts at all levels and other members of the judiciary in the Hong Kong Special Administrative Region must, in accordance with law, swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and swear allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China.

Today Beijing offered it’s unsought interpretation which make s three points:

1: Content of the oath
The passage in Article 104 “swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and swear allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China,” is the “statutory content” of the Legco oath.

It is also the “statutory requirement and condition” for people to take public office stated in that article, including lawmakers.

2: Definition of “in accordance with law”
a) Taking the oath is a statutory condition and mandatory procedure for people to assume public office.

If one has not taken a valid oath accepted by law, or if one declines to swear in, he or she cannot assume office, and cannot exercise the duties and enjoy the privileges of public office.

b) The oath-taking must fulfil the statutory requirements in format and content. The person taking the oath should take it sincerely and solemnly and must accurately, completely and solemnly read out phrases such as “uphold the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China” and “bear allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China” as stated in the statutory oath.

c) If the oath-taker refuses to take the oath, he or she shall be disqualified from assuming public office. One is deemed to have refused to take the oath – and subsequently have his or her oath invalidated – if he or she deliberately reads out an oath different from the statutory oath or does it in an insincere or frivolous manner.

d) The oath administrator has the duty to confirm the oath taking is carried out legally and that the oath complies with this interpretation and Hong Kong law.

Any oath that does not satisfy the above interpretation should be confirmed as an “invalid” oath. Retaking the oath is forbidden.

3: Consequences of breach

Those who make a “false oath” or engage themselves in acts that violate the oath after taking it will bear legal responsibility.

Since this interpretation adds things not explicitly written into the existing law, can it be applied retroactively to those who took the oath in the past? If Hong Kong’s judicial system, the most fundamental difference between Hong Kong and China, remains truly ‘independent’ then that will be for the lawyers to argue over and ultimately the Court of Final Appeal to decide.

Logic and common sense would say that you can’t be guilty of something that wasn’t a ‘crime’ when you did it. But the law, common sense and logic make strange bed-fellows. The law has lots of ways to circumvent law changes. eg driving at the legal speed of 40 only for the limit to be reduced the next day to 30. You can’t be charged with speeding because your speed was legal at the time, but you could be charged with careless driving…

So will the judiciary fall over to kiss Beijing’s derriere, for those of us who love Hong Kong we have to hope not. While the law is a living evolving thing, precedents and case law establish a framework for how that happens.

If the CCP is allowed to trample over the law, then tragically Hong Kong is a dead man walking. If the law has no meaning, why will multi-nationals and big companies remain here when a contract isn’t worth the paper it’s written on. They will just move to China where contracts are always open to reinterpretation, often by a sack of money under the table or a fist.

Read the Basic Law here

Hong Kong Independence Rally @ Tamar Park – 5 August, 2016

https://bcmagazine.smugmug.com/Bcene-photos/2016/Hong-Kong-Independance-Rally/i-pdTjBwF

Hong Kong’s first rally overtly advocating independence from China was organised by the Hong Kong National Party as a protest following the Electoral Affairs Commission disqualification of several politicians on the basis of their policies. Democracy in Hong Kong is under serious threat as those candidates not prepared to toe the Beijing party line find the September election of Legislative Council members will go ahead without them as they have been excluded by the EAC from the ballot.
Click on any photo for more images of the rally
Photos: Jayne Russell

https://bcmagazine.smugmug.com/Bcene-photos/2016/Hong-Kong-Independance-Rally/i-GPR44xr

https://bcmagazine.smugmug.com/Bcene-photos/2016/Hong-Kong-Independance-Rally/i-Fj2HK4D

https://bcmagazine.smugmug.com/Bcene-photos/2016/Hong-Kong-Independance-Rally/i-FVzDnDn