More Reasons Not to Violate NSL

Tong is spending 9 years in jail, must pay HK$1.38M in fees

Last July, Tong Ying-kit was the first person to be convicted and sentenced under the national security law.

He was handed a six-and-a-half year sentence for the charge of inciting secession for carrying a large banner on the back of his motorcycle with the now outlawed slogan, "Liberate Hong Kong, revolution of our times".

Tong on July 1, 2020 with the subversive banner

Tong was also sentenced to eight years in jail for terrorism, for crashing his motorcycle into a group of police officers on July 1, 2020, injuring three. Of his two sentences, 2.5 years will run consecutively, which means the 25-year-old will serve nine years in total.

Now a year later, Tong has been slapped with a massive legal bill -- HK$1.38 million -- for two failed legal challenges.

It is impossible for him to pay this bill, and crowdfunding will probably be considered aiding and abetting.

We already saw this happen a few months ago when domestic helpers in Hong Kong were being fined HK$5,000 (US$637) for not social-distancing because of the Covid-19 pandemic. There was no way they could pay the fine and an expatriate came up with a crowdfunding exercise called Helping Helpers to help pay for these fines.

Over HK$107,000 was raised in days.

Later the then Secretary for Labour and Welfare Law Chi-kwong announced his department would consult the Department of Justice on the matter, claiming the fundraising effort was "maliciously obstructing our whole anti-epidemic effort".

Helpers fined HK$5K for not social-distancing

It is virtually impossible for helpers to pay these fines when they make a minimum salary of HK$4,630 a month.

The crowdfunding immediately stopped and all the money was returned to the donors.

So with Tong's case, it is obvious the government continues to weaponise the judicial system in a bid to further deter others into not challenging it in the courts.

In the meantime, in another sign that Hong Kong is suffering from a massive brain drain, job recruiters are having a hard time finding fresh graduates to fill entry-level positions across all sectors.

Anecdotally some recruiters said that previously their inbox would be filled with emails from young people looking for work, and now the tables are turned and it's the HR professionals trying to find anyone that fits the job description to go for the job.

They are not just looking for local residents, but also foreign students who have studied in Hong Kong, and know other Asian languages like Korean, Japanese, Hindi or Bahasa. 

Diverse pool of fresh graduates? Look again

Many have left because of Hong Kong's severe Covid-19 quarantine rules, making it very difficult for them to travel to see family or do business, while others are moving to places like the UK to start fresh.

In addition there are fewer international students interested in studying in Hong Kong. In 2019-20 there were 3,977, and 3,803 for the 2020-21 academic year.

Hong Kong is not a place young people want to be in anymore. And the government isn't making an effort to encourage them to stay.

Hong Kong in the Hot Seat

The HK delegation answered UNHRC questions via video link

Finally some kind of accountability is taking place -- the United Nations Human Rights Committee began its review of Hong Kong's rights record for the first time since Beijing implemented the national security law in July 2020.

Secretary for Constitutional and Mainland Affairs Erick Tsang Kwok-wai and other senior officials weren't in Geneva but attended the meeting via a video link.

Bulkan asking for reassurance for CSOs

He gave a speech that was just under 20 minutes long, stating the government had done much to protect people's rights in Hong Kong.

"Safeguarding human rights and freedoms is a constitutional duty of the HKSAR government. The government attaches the utmost importance and it is firmly committed to the protection of human rights, which has been upheld firmly and across the board by all our government bureaux and departments," Tsang said.

He even added that Chinese President Xi Jinping said the "one country, two systems" principle is working well and is recognised by 1.4 billion Chinese people and the international community.

The implementation of the national security law and the overhaul of the electoral system, Tsang said, was necessary in the wake of the 2019 protests.

However this reasoning did not go down well with UN committee members.

Chow says no protesters killed

"I note, honourable secretary, your comment about the events that precipitated this law, but I must observe that it was done overnight, without consultation, and bypassing the local legislature," noted Guyanese lawyer and the committee's vice chair Christopher Arif Bulkan.

He asked the Hong Kong officials if civil society organisations (CSO) taking part in this review would be violating the national security law.

"Can you provide assurances that the CSOs who participate here today, and over the next three days, are not in danger of prosecution or victimisation under the NSL, for such engagement?" Bulkan asked.

While the Hong Kong authorities sought to assuage concerns that CSOs would not be targeted under NSL, the committee was not convinced, and again asked for assurances.

Apollonia Liu of the security bureau replied that the NSL does not target "normal interactions" such as participation in this review.

Another vice chair from Japan, Shuichi Furuya, also expressed concerns about the overreaching nature of the law and its broad scope.

He said the committee had received reports from organisations overseas who said they received requests from Hong Kong authorities to remove content that may violate NSL.

Other committee members said the police consistently violated international standards in excessive, indiscriminate response to the protests, to which deputy commissioner of police Joe Chow described them as "riots", and that "certain media" falsely accused the police "to purposely divide society, incite hatred and compromise national security."

"We are extremely restrained in the use of force," he said. "Not a single protester was killed... even under the serious situation. This showed the professionalism of my staff."

Chow added no protesters were killed during the social unrest, and that the police seized Molotov cocktails, and that protesters killed a cleaner with bricks.

Meanwhile questions about NSL cases regarding Jimmy Lai Chee-ying, Chow Hang-tung and Tong Ying-kit were not answered.

Probably the usual excuse of not commenting on individual cases...

But the committee pressed on, reiterating its previous recommendation that Hong Kong should have an independent mechanism to conduct an investigation into police abuses. However, Shirley Yung said the current complaints mechanisms like Complaints Against Police Office and the Independent Police Complaints Council are fair and adequate.

Gaslighting at its finest.

The UNHRC also pointed out how NSL judges threaten judicial independence, but Liu replied that the chief executive does not assign the judge to a particular case so judicial independence is not undermined.

But the chief executive can choose which judges can oversee NSL cases, which pre-determines the result of the case! 

There were also questions about the LeaveHomeSafe app and if it really did collect people's information.

And then, what do you know -- the Hong Kong delegation is having technical difficulties with their video link!

 

Apparently the Hong Kong group was not attending in person because of the Covid-19 pandemic, but perhaps Tsang did not want to risk US sanctions? Or pulling the plug was one of the strategies all along?

In any event, the discussion or rather the grilling continues on Tuesday -- with extra time tacked on because it was suddenly cut short on Thursday.

We'll be watching...