Tang says Arrested Protesters Will be Charged... Eventually

Over 10,000 people were arrested in connection with protests

Hong Kong Secretary for Security Chris Tang Ping-keung says the authorities will continue to prosecute the 2019 protesters with no time limit, even "after 20 years". 

He said if a deadline was set it would go against the spirit of the rule of law and could risk "legalising illegal acts".

Some are calling for the authorities to wrap up cases five years after the 2019 protests, but Tang disagrees.

Tang says prosecutions will continue

"Unless there is a time limit for prosecution, we will lodge a case when we have sufficient evidence and upon agreement from the Department of Justice. This reflects the spirit of the rule of law," he said in an interview.

"I understand that some people have raised the idea that we should drop the cases based on a certain time frame, but this would in fact legalise illegal acts. I think this isn't in line with the spirit of the rule of law. Illegal things are simply illegal."

The police arrested 10,279 people aged 11 to 87 in connection with the 2019 protests, and of that total, 2,974 have either gone through or are undergoing judicial procedures as of September.

Of those, 2,403 have faced punishment after pleading guilty or were convicted. Therefore, there are more than 7,000 arrestees who have yet to be charged, five years later.

"If we had evidence and know who you are, but chose not to arrest you until when we wish to do so, then that's not right. But we need time to gather evidence -- this is reasonable," Tang said.

Tang says police are still investigating 5 years on

He explained the police were painstakingly going through video footage to identify each person and gather evidence in order to press charges, and a lot of people participated in the protests.

"This isn't a matter concerning how many years have been spent on this. For those who have offended the law and left Hong Kong, we will arrest them just the same if they come back after 20 years," Tang warned.

However, Professor Simon Young Ngai-man of the University of Hong Kong's law school said finality was a very important aspect of the city's legal system, which former chief justice Andrew Li Kwok-nang noted in a previous court case.

He acknowledged that while it was true there was no limitation period for indictable offences, it was also unlikely that the thousands of arrested-but-not-charged cases were still being actively investigated.

Young suggested the authorities should at least inform those whose cases were not under active investigation.

"I see no consistency with the rule of law to say to those persons that 'no active investigation is not being undertaken in relation to your case'. This would provide them with some degree of assurance that they can put the past behind them," he said. "For those whose cases are still active, nothing needs to be said to them."

But it seems the government is intent on keeping those arrested on edge, even if it takes 20 years or more to finally charge them...

Evergrande Must Liquidate in HK

Shares in Evergrande plunged following the liquidation order

Big corporate news today -- a Hong Kong court has ordered China Evergrande, the world's most indebted property developer, to go into liquidation after it still could not restructure the over US$300 billion it owed banks and bondholders.

Judge Linda Chan approved a petition by the creditors on Monday, though the Guangzhou-based company can still appeal. A provisional liquidator was to be named later on Monday.

"The hearing has lasted for one and a half years, and the company still has not been able to bring forward a concrete restructuring proposal" to restructure its US$328 billion in liabilities, Justice Chan said in her ruling. "I think it is the time for the court to say enough is enough."

Liquidation only affects Hong Kong operations

Following the liquidation order, shares in Evergrande group plunged. Evergrande Group fell 21 percent to 16.3 cents, Evergrande New Energy Vehicle Group dropped 18 percent to 23 cents, and Evergrande Property Services Group Limited decreased 2.5 percent to 39 cents before trading in all three shares were halted.

Interestingly at the same time other Chinese developers' shares rose in Hong Kong, with Country Garden gaining 2.9 percent, and Sunac China Holdings jumping 4 percent. 

Evergrande CEO Shawn Siu told Chinese news outlet 21Jingji that the order only affects the Hong Kong-listed China Evergrande unit, and that the company feels "utmost regret" at the liquidation order.

He said Evergrande would strive to continue smooth operations and deliver properties to buyers. It has some 1,200 projects in different stages of progress, ranging from under construction to almost completed, according to its 2022 annual report.

It is unclear how the liquidation in Hong Kong will affect the company's operations in China. Lance Jiang, a partner at Ashurts LLP says the liquidators may have a challenge ahead.

Evergrande has over 1,200 projects in progress

"The market will pay close attention to what the liquidators can do after being appointed, especially whether they can achieve recognition from any of the three designated courts in the People's Republic of China under the 2021 Arrangement regarding Cooperation on Cross-border Insolvency Cases between the mainland and Hong Kong."

In any event, the provisional liquidators can now take over Evergrande's management and handle its affairs, including debt restructuring with creditors and taking control of its assets, books and records.

Creditors need to submit a proof of debt form to the liquidator, and staff of Evergrande Hong Kong can claim unpaid salaries and dues from the Protection of Wages on Insolvency Fund. 

While for many years real estate drove China's economic boom, developers borrowed heavily, leveraging projects to get more capital to the point where the total corporate, government and household debt was the equivalent of more than 300 percent of annual economic output, unusually high for a middle-income country.

The ruling in Hong Kong also shows creditors there can use the rule of law to force the company into liquidation, something which might be harder to do across the border...

Graffiti with Chinese Characteristics

The "art" before it was covered in graffiti in an angry response

Brick Lane in East London is known for graffiti on the walls, adding an artistic touch to the neighbourhood.

However, some Chinese art students whitewashed a long wall with white paint and then spray painted in red 24 Chinese characters that would easily have been spotted in their homeland: "Prosperity, democracy, civility, harmony, freedom, equality, justice, rule of law, patriotism, dedication, integrity, and friendship".

The words are meant to represent the core values of socialism.

The 24 characters sparked fierce criticism

However reaction was swift.

On top of the whitewashed wall was instant feedback on the "art".

There were strong words, like "F*** Communism", "Remember June 4th", "No Freedom in China", "But some are more equal than others", while in between the characters for "patriotism" there's a sticker of the face of Chinese leader Xi Jinping with the words, "No Xi Dictatorship".

These are only a few of the examples.

The "art" or "art stunt" also raised questions as to whether the students should have even painted Chinese slogans in the UK, or did they do this as an act of satire?

Regardless it riled up a lot of people, including many Chinese living there who do not want to return to China and graffitied the graffiti.

Someone took the time to type up a description of the "art work" as one would find in a gallery or museum to give it context.

Sticker reads "No Xi Dictatorship"

It reads in part:

"The twelve Core Socialist Values are a set of official interpretations of Chinese Socialism promoted in China since 2012. Written in 24 Chinese characters, they represent the values of

"prosperity, democracy, civility, harmony, freedom, equality, justice, rule of law, patriotism, dedication, integrity and friendship

"The sight of this slogan is ubiquitous in public spaces around China, frequently appearing as giant posters and as stand-alone installations. Chinese President Xi Jinping aims to promote these values in a campaign to the extent that public support for Chinese-style Socialism will be "as ubiquitous as the air".

"In August 2023, a group of free-spirited Chinese artists from London painted these values on a graffiti wall in Brick Lane, East London, deliberately emulating the style that these would have been found in a Chinese setting. In an adamant display of freedom of expression, the characters stand as a silent reminder of the oppression of thought, press freedom and to free speech that is still rampant in China in 2023."

It ends with "#agendasetting".

CE to Decide on NSL Legal Representation

Lai had hired King's Counsel Tim Owen to defend him 

After Hong Kong's highest court allowed Apple Daily founder and publisher Jimmy Lai Chee-ying to have British national Tim Owen to represent him in a national security trial, the government asked Beijing for an interpretation of the law on this.

What was the verdict?

Hong Kong's chief executive, specifically John Lee Ka-chiu can decide on this matter once and for all -- and that the decision could not be appealed in court.

HK's high court had allowed Owen in NSL case

Well that settles it then... quite obvious on how Lee stands on the issue and is more evidence of the rule of law being further eroded.

"Hong Kong is to be governed by a decision-making body that works secretively and whose decisions are not to be challenged in court. The repercussions on Hong Kong's rule of law are clearly far-reaching," said Ling Bing, a Chinese law specialist at the University of Sydney.

Michael Davis, formerly of the law school at the University of Hong Kong, said he viewed the interpretation as creating further avenues for the local government to "dictate outcomes on critical issues before the court".

"The court will now face the prospect of a committee overruling it if it does not rule in favour of the prosecution when national security is raised," he said. 

"That will surely weigh heavily on every decision where national security issues are raised by the government."

Lee will now decide on Lai's legal representation

Davis also warned the expansion and strengthening of the government's power would have repercussions for the rule of law and free expression.

However, Professor Albert Chen Hung-yee, a constitutional law expert at HKU, said the interpretation didn't give the chief executive more power, but that the city's leader and the oversight committee already had this authority.

In any case, it does not bode well for Lai and the cause for democracy in Hong Kong.

The goal posts are constantly shifting, and for the benefit of the pro-establishment. 

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...

Jumbo Sinks to its Demise

Jumbo docked in Aberdeen harbour before it left June 14

Today came news that the Jumbo Floating Restaurant, that left Hong Kong's Aberdeen harbour on June 14 has sunk in the South China Sea.

According to a press release issued by Aberdeen Restaurant Enterprises Limited, the floating restaurant passed through the Xisha Islands in the South China Sea when it "encountered adverse conditions" and water entered the vessel, causing it to tip.

Marine engineers inspected the vessel before it left

"Despite the efforts of the towing company responsible for the trip to rescue the vessel, unfortunately it capsized on Sunday (June 19)," the statement said. 

It added no crew members were injured and because the vessel sank to a depth of 1,000 metres, it will be extremely difficult for the company to conduct a salvaging operation.

When people found out about the news, they immediately latched onto it as a metaphor for Hong Kong's demise.

Really? Is the city a rundown has-been bloated vessel that only catered to tourists served crappy food?

Definitely not.

There are sneaking suspicions on social media that the company -- which is owned by late casino magnate Stanley Ho Hung-sun's family -- may have accidentally sunk for insurance purposes.

Ah To's prescient cartoon of Jumbo's fate

Its insurance is probably worth more than the scrap metal...

Interesting the restaurant had a press release ready for the media too...

What did political cartoonist Ah To know? When he heard news on June 1 that Jumbo Floating Restaurant would be towed away, he drew the sinking Jumbo Floating Restaurant together with the Goddess of Democracy and Lady Justice at the bottom of the ocean to represent the end of the June 4 candlelight vigils in Victoria Park and the rule of law.

And another artist known as SurrealHK made a computer manipulated image of the Jumbo Floating Restaurant sinking in Victoria Harbour... coincidence? Inspiration?