Press Freedom Under Attack

Palestinian journalists were recognised for their work this year

Today is World Press Freedom Day and Palestinians were awarded the UNESCO press freedom prize for covering the Israeli war on Gaza. According to the Committee to Protect Journalists and the International Federation of Journalists, more than 100 journalists and media workers, mostly Palestinian, have been killed in the first seven months of the conflict in Gaza since October 7 last year.

However, Gaza's Government Media Office says the toll is more than 140.

"In these times of darkness and hopelessness, we wish to share a strong message of solidarity and recognition to those Palestinian journalists who are covering this crisis in such dramatic circumstances," said Mauricio Weibel, chair of the international jury of media professionals during the announcement.

RSF released its annual press freedom index

Meanwhile, Reporters Without Borders released its annual press freedom ranking and Hong Kong continues to rank low on the list, though five spots higher than last year at #135.

Sandwiched in between the Philippines and Sudan, Hong Kong still ranks poorly due to the changing situation of other countries.

"Hong Kong is +5 places [up], but only due to the movement of other countries in the Index. Hong Kong's score actually has fallen -1.8 points, which is a significant change," explained Aleksandra Beilakowska, the NGO's Asia-Pacific Bureau Adovcacy Officer.

Last month she was denied entry into Hong Kong and was searched and questioned for six hours at the airport before she was deported back to Taiwan where she is based.

Interestingly Canada ranks #14, while the United States is #55. China is #172 and Eritrea is at the bottom of the list at #180.

Yesterday the Nikkei reported that Chinese-owned media are distancing themselves from Asia's highest profile journalism prize in a bid to avoid being seen as "colluding with foreign forces."

Fewer outlets are participating in this award

The Society of Publishers in Asia gives out awards annually to regional and international media outlets ranging from breaking news to photojournalism, features and video stories.

However, media outlets like Beijing-based Caixin Media, Shanghai-based Sixth Tone, state-owned The World of Chinese, and even the Alibaba-owned South China Morning Post have dropped their SOPA membership or have not submitted entries for the awards.

Luwei Rose Luqiu, an associate professor at Hong Kong Baptist University, said these outlets distancing themselves from SOPA shows a further tightening of press freedom in China, to the point where even the space for Chinese English media, which used to be relatively lenient and aimed to align with international peers is narrowing.

"However, for Chinese media, whether to participate in SOPA has little impact because such awards do not affect their readership," she said.

It's a pity this is happening, resulting in journalists having fewer opportunities to have their work judged against peers and recognised in the industry. It may come to a point where SOPA becomes irrelevant which would definitely indicate a further decline in press freedom not only in Hong Kong, but the region...

Security Minister Looks Ahead to Jimmy Lai Trial

Lai has been remanded in custody for almost three years

When Jimmy Lai Chee-ying's trial finally gets underway on December 18, the Apple Daily media tycoon will have been remanded in custody for almost three years. 

In this case he is charged with sedition and conspiracy to collude with foreign forces when he allegedly called for international sanctions against Hong Kong and Chinese authorities, and inciting public hatred during the 2019 protests.

Tang claims HK government will be smeared

Interesting that Secretary for Security Chris Tang Ping-keung says the upcoming open hearing will reveal the extent of the "bad" crimes Lai had allegedly committed.

"When. you look at all the details as disclosed, you will see how bad they are. Let's wait and see [for] yourself," Tang told a Hong Kong media outlet.

Whatever happened to government officials declining to comment because the case was in the courts?

Tang also warned that the case would draw international attention and that foreign politicians may target local efforts to outlaw more national security offences under Article 23 of the Basic Law that the government aims to enact next year.

"I'm sure they will make use of this as another excuse to smear our government and to smear our country... It's a must. It's anticipated," he said.

Tang like Lam (above) has lots of cash

As if to further illustrate his point, Tang added that because of sanctions, he was unable to have a bank account, much like former chief executive Carrie Lam Cheng Yuet-ngor.

Due to this "inconvenience", he said he had to adapt to using cash all the time.

"Because I have no bank account, right? So all my auto-pay had been paralysed," Tang said. "But I would say, compared with the national interest, this small inconvenience is nothing. Actually, I feel proud to have a chance to serve my country and serve my Hong Kong."

His patriotism knows no bounds...

Elmer Yuen's Relative Taken into Questioning

Yuen holding his Hong Kong passport in a recent photo

Days after former lawmaker Nathan Law Kwun-chung's parents and brother were questioned by police and then released, another person from the group of eight with bounties on their head has had a family member taken in for interrogation as well.

The police took away trade unionist Mung Siu-tat's brother and took him, his wife and son for questioning, as well as relatives of Dennis Kwok Wing-hang. They were later released without charge.

Yuen's son Derek is married to Eunice Yung

Now a third family has now been affected -- Elmer Yuen (Yuan Gong-yi)'s eldest daughter, Mimi Mi Wahng Yuen was "taken away" by Hong Kong national security police after she arrived in the city from Los Angeles on Monday. 

Over a week ago Yuen, 74, was in Vancouver urging Hongkongers in Canada to take part in a virtual Hong Kong parliament with elections for representatives later this year or in early 2024. For this he has been charged with with subversion of state power and foreign collusion

Yuen, who lives in the United States, had previously urged foreign countries to impose sanctions on Hong Kong officials and members of the judiciary on various online platforms between July 2020 and May 2023.

He has three children. His son Derek is a former advisor for the pro-establishment New People's Party and an academic studying international policy. Derek Yuen told Sing Tao Daily that he had "a brief meeting" with his father and has avoided any financial exchanges.

Yung's notice of severing ties with Elmer Yuen

Derek is married to Eunice Yung Hoi-yan, a pro-Beijing lawmaker and member of the New People's Party. In August 2022, she publicly severed her relationship with her father-in-law Elmer. And since the arrest warrants were announced for the eight people including Yuen, Yung has called for him to return to Hong Kong and surrender.

Now with this latest development, will Elmer Yuen continue to be as gutsy and continuing his campaign in North America? 

Those family members who continue to have some kind of links with the eight with bounties on their heads will put the former in a perilous situation... relations by blood are thicker than water, but in the case of the national security police, do people cave in?

Yuen Promotes Virtual HK Parliament in Vancouver

Yuen showing his Hong Kong passport in this handout photo

Despite having a HK$1 million bounty on his head, Elmer Yuen (Yuan Gong-yi) is unfazed and traveling to Vancouver proposing a virtual Hong Kong parliament with representatives in the diaspora.

"I don't feel threatened," the venture capitalist said in an interview with a Canadian news outlet. "[Chinese President Xi Jinping] is more scared than I am."

He has even distributed photographs of himself holding his Hong Kong passport, though Yuen probably holds another passport.

Ho (left) and Yuen promoting HK Parliament

Yuen was spurred by the arrest warrants for him and seven others, to fly to Vancouver from the United States to promote his virtual Hong Kong parliament to Hongkongers here and try to get the federal government to endorse it.

"My whole idea of this traveling is to get everyone to vote in order to run for the members of parliament. So that's what I'm doing. I'm not scared," he said.

"Because of this warrant for my arrest is everywhere, at least 1 million people got news of what's happening about the Hong Kong parliament."

This is not a new idea -- he proposed it last July together with Vancouver journalist Victor Ho Leung-mau, who was accused by the Hong Kong government of subverting the national security law.

They are hoping to jump-start the election later this year or next year, with the aim of having the parliament reflect the democratic power of Hongkongers that had been promised to them before 1997.

"I want the Canadian government to recognise the Hong Kong parliament. That's the most important (thing). I am no a mission and my mission is to fight the Communist party and you cannot fight as an individual," said Yuen.

Yuen's son Derek is married to Eunice Yung

"You must have the organisation and the organisation is [the] Hong Kong parliament."

Yuen also plans to travel to Taiwan, Australia and the UK to promote this parliament-in-exile plan.

"If they want to fight for the freedom of Hong Kong, the best thing is to vote. You don't have a gun, you don't have anything. So, your weapon for democracy and freedom is your vote," he said.

However, Hong Kong police have accused Yuen of colluding with foreign forces to endanger national security.

His daughter-in-law, New People's Party lawmaker Eunice Yung Hoi-yan is urging Yuen to surrender himself, even though she claims to have cut ties with him last August.

In the meantime will Yuen be able to realise his plan for a parliament-in-exile? 

Some may just be too busy keeping their head above water to contemplate this plan... 

Macau Expands NSL Legislation

Macau has kowtowed to China since its handover in 1999

When comparing Hong Kong with nearby Macau, the latter was always seen as the more obedient child to Beijing.

While Hong Kong loudly protested against passing Article 23, the security law back in 2003, which led the government shelving it for later, Macau happily legislated it without a fuss in 2009.

Fast forward 11 years and Beijing implemented the national security law in Hong Kong following the 2019 protests. Despite the NSL covering sedition, subversion, terrorism and secession, the city will revisit Article 23 in a bid to pass it next year.

Increased national security legislation in Macau

With the Legislative Council overwhelmingly stacked with pro-establishment politicians, it should be no problem to finally pass this controversial piece of legislation, which stoked fears of extradition to China to face trial.

However, Macau has found that it needs to catch up with Hong Kong's NSL and further expanded its own national security law legislation.

The updated law, which has come into effect, puts greater emphasis on foreign interference in the special administrative region.

The original NSL in Macau listed seven major crimes, such as treason, subversion, theft of state secrets and foreign collusion, where maximum punishments are 25 years in jail.

Meanwhile opposition to any central government department and the ideology in Beijing can be charged with subversion.

In addition Macau police now have the power to target suspects outside the city.

Now Macau's NSL similar to Hong Kong's 

Not surprisingly, critics of the new security law say it restricts people's liberties and rights in the former Portuguese colony.

Jason Chao was formerly president of the pro-democratic political party called the New Macau Association, and says the new law is "deeply concerning".

"Local journalists described the current situation as the ice age, and unfortunately the ice age is going to get colder," Chao said.

"The most worrying point is that people would not know whether or not they were committing a crime if they tried to criticise the government. We have observed how the national security law in Hong Kong has been vaguely interpreted," he said.

It seems the NSL was going to be passed anyway in both cities, even if Hong Kong didn't have the protests. But they gave Beijing the best justification for implementing it... 

Legal Win for Jimmy Lai

Lai's legal team has a boost with well-known UK barrister

A big win for Apple Daily founder Jimmy Lai Chee-ying -- to have his request granted of having a prominent British barrister represent him in his upcoming national security law collusion trial.

The Court of Appeal made the ruling on Wednesday, following a decision by High Court Chief Justice Jeremy Poon Shiu-chor last month to allow King's Counsel Tim Owen from London to join Lai's legal team for public interest.

Owen's participation was opposed by the Department of Justice and the Bar Association, but the latter did not lodge an appeal against the chief judge's ruling.

Owen has worked on many cases in Hong Kong

The department argued that overseas counsel could not explain to judges new perspectives on the national security law, that was imposed by Beijing in June 2020, as they lacked a full understanding of the city's unique socio-political and constitutional context.

In other words they claimed he was an outsider who did not have a full appreciation of what was going on in Hong Kong at the time.

But the appeal court dismissed the argument, saying: "The forthcoming criminal trial is a high profile case attracting substantial publicity locally and abroad. It involves the resolution of legal issues of great general public importance that would impact substantially on the development of [national security law] jurisprudence and sedition offences," Wednesday's judgment said, without identifying the author.

"Public perception of fairness in the trial is of vital importance to the administration of justice. The court must adopt a flexible and sensible approach to arrive at a decision that would best suit the public interest in this application."

High Court Chief Justice Jeremy Poon

The 74-year-old Lai will stand trial next month before a three-judge panel in the Court of First Instance on charges of conspiracy to collude with foreign forces and conspiracy to publish seditious material.

Prosecutors are accusing Lai of conspiracy to attract foreign sanctions or blockades against city and mainland Chinese officials through pieces published by his now-closed Apple Daily newspaper, as well as through a lobbying group he is alleged to have directed and financed behind the scenes.

Owen is no stranger to Hong Kong, having worked on several high-profile cases, including Rurik Jutting, an ex-British banker who was convicted of murdering two women in 2016, and the highest ranking officer among seven policemen prosecuted for assault on a protester during the 2014 Umbrella Movement.

The department must be fuming, and by extension the government. Some pundits on Twitter think the authorities may change the rules to prevent Owen from representing Lai but the timing might be too late for that.

This development has shown it is possible to get decent if not really good representation in court.

By the same token it also helps if you yourself refuse to go down without a fight, as in the case of Chow Hang-tung, who is remanded in custody and is facing two national security law charges including subversion.

Chow fighting every legal avenue from jail

She was a part of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, which organised the Tiananmen Square candlelight vigil every year in Victoria Park for 30 years. 

For that Chow says it is impossible for her to plead guilty she said in court. "Pursuing democracy is not a crime. I plead not guilty." 

A trained lawyer, Chow is defending herself and is methodically fighting whatever legal avenue she can think of, including making 15 bail applications for the two cases, but all have been denied.

But she did get a big win -- to allow the media to report on pre-trial hearings for national security law cases. Not only does that allow the media to report on how the national security law is applied, but also see the physical state of the accused in court.

Chow also uses the opportunity to shout out her slogans to the gallery, "Do not forget June 4. Resist till the end!" in a bid to publicise the goals of the movement.

Her biggest fear is not jail itself, but the world becoming indifferent to increasing abuse.

She seems prepared for the long fight along with Lai. They are not going gently into the good night.