The Economists has an article on another potential Hong Kong-China showdown. It's an interesting read on its view on the "one country, two systems" arrangement. Given The Economists' self-admitted bias for greater (total?) Hong Kong autonomy, it's not surprising the article frames China as the oppressor.
Actually this piece has painted a very clear and accurate picture of what's been happening in HK lately. I remember when that poll happened (few days ago), most of my friends in HK actually went online and voted. All of us know this has no actual legal effects; rather it's a chance for people to exercise what they desired (universal suffrage and participation). I couldn't vote because my ip is from Canada, and for voters they have to present their HK permanent ID number, ip address, in order for it to count. The website had been bombarded by network attacks since, although their network defence has been able to hold out.
Also it is true that recently the White Papers are released and the HK DOJ and the Legal Committee are in huge distaste of what's been prescribed or described of them, and the Legal Committee have always been the more "civilized", "mature", "restrained" group. What the article said was actually completely true.
香港法律界發起黑衣靜默遊行抗議白皮書
陳志芬
BBC中文網記者發自香港遊行現場
更新時間 2014年6月27日, 格林尼治標準時間12:29
靜默遊行
法律界黑衣靜默遊行，由高等法院出發遊行至終審法院。
香港法律界擔心國務院「白皮書」干擾香港司法獨立發起黑衣靜默遊行，由高等法院出發遊行至終審法院。
在遊行期間，參與人士沒有高叫口號，沒有標語，遊行隊伍抵達終審法院門外靜默3分鐘。
港法律界憂白皮書損司法獨立發起遊行
觀點：香港白皮書——被誤讀的「全面管治權」
白皮書引發干預香港司法獨立新爭議
相關新聞話題
中國, 香港, 法律, 中共
這是香港回歸以來法律界第三次舉行黑衣遊行。
遊行隊伍由香港立法會法律界議員郭榮鏗及資深大律師李柱銘等人率領。發起者表示有1800人出席，當中有退休大法官和8位香港大律師公會前主席，當中至少100名是大學法律學院學生。
法律界黑衣靜默遊行
法律界黑衣靜默遊行至終審法院
大律師公會前主席、公民黨立法會議員梁家傑指出，法官不應該有政治考慮，對香港律政司長袁國強在國務院發表「白皮書」後，沒有維護香港司法獨立的言論感到失望。
參與遊行的大律師余若薇指法律界不滿「白皮書」扭曲一國兩制司法獨立的原意，將司法視為管治香港的部分，損害司法獨立及法官的公正性。
支持者
高等法院外支持「白皮書」團體代表聚集
另外，在高等法院及終審法院門外，有支持白皮書及反對「白皮書」的團體代表聚集，其中保護香港運動約30名代表，在高等法院外高叫口號，支持一國兩制白皮書，認為法官都應該愛國。
香港律政司發表聲明，回應部分法律界人士遊行，指《基本法》為香港司法制度提供穩固的憲制依據，本港享有獨立司法權和終審權，當中第八十五條更清楚指出，香港特區法院獨立進行審判，不受任何干涉。
發言人強調，法治是香港特區賴以成功的基石，亦是大眾珍惜的核心價值之一。特區政府十分重視法治和司法獨立，律政司一直視維護法治和捍衛司法獨立為首要任務，亦深信司法機構和全體司法人員必定會繼續公平、公正地依法審理案件，不受任何干預。
發言人又指，國務院新聞辦公室最近發表的白皮書，是有系統地闡述及總結「一國兩制」在香港特區落實的情況，而非干預香港特區的司法獨立或法治。白皮書內多處指出，香港特區擁有獨立的司法權和終審權。
發起遊行的團體認為律政司的聲明沒有新意，沒有消除法律界的憂慮，質疑律政司根本不明白或者不願意接受法律界憂慮的事實。
白皮書引發干預香港司法獨立新爭議
更新時間 2014年6月12日, 格林尼治標準時間09:46
香港律政司
袁國強:白皮書的發表並無任何意圖干擾香港司法獨立。
中國國務院發表的「一國兩制」白皮書，除了引起香港對「高度自治」被削的爭議外，再引起法律界擔心北京意圖干預香港司法獨立爭議。
香港律政司司長袁國強表示，白皮書的發表並無任何意圖干擾本港司法獨立。
相反其內容，由前言開始及當中的章節，很多部分強調香港享有獨立的司法權及終審權。
引發爭議的是白皮書中提及: 「在「一國兩制」之下，包括行政長官、主要官員、行政會議成員、立法會議員、各級法院法官和其他司法人員等在內的治港者，肩負正確理解和貫徹執行香港基本法的重任，承擔維護國家主權、安全、發展利益，保持香港長期繁榮穩定的職責。」
對於白皮書內容，香港大律師公會11日發表聲明作出回應，指香港的法官及司法人員不應被視為「治港者」， 或是政府團隊的一部分，這樣會向香港人、內地甚至全世界發放錯誤訊息，認為法庭是政府的機器，與政府互相配合。
大律師公會又指，在普通法下，香港的法庭是根據控辯雙方論據，作出公平及透明審訊，並非根據任何人的一錘定音式的最終解讀作出裁決。
司法獨立
大律師公會強調，香港尊重法治，除要依法辦事及依法施政外，司法獨立亦同樣重要。
全國人大常委會對香港基本法雖有解釋權，但要謹慎地行使，否則會削弱香港人眼中的司法獨立。
面對法律界的質疑，袁國強指出，白皮書發表並無任何意圖或者企圖去干預本香港的司法獨立。
白皮書發表的目的並不是干預司法獨立，相反是尊重一國兩制下，特別是基本法的條文，香港是依據基本法享有獨立的司法權及終審權。
袁國強表示，司法獨立的核心是法院、法官處理案件時，不會受其他人包括政府或行政機關影響。
至於白皮書中提及「治港者」要「愛國愛港」的要求，袁國強指出法官宣誓就職時，要擁護基本法，效忠香港特別行政區，已經履行法律上有關「愛國愛港」要求。
他指白皮書只是重申這一方面，並沒有偏離。
白皮書指，法官要正確理解和貫徹執行基本法，袁國強表示，法官在處理案件時，有責任正確理解法例，因此白皮書只是重申法官職責，並無新的內容。
大律師公會的聲明引述袁國強在2008年出任該會主席時曾經發表聲明，當時袁國強提及司法機構不應該被視作管治團隊的一部分。
在2008年，當時出任國家副主席的習近平訪問香港，提出「三權合作論」，當時正好是袁國強當主席，大律師公會發聲明反駁，袁國強當時認為司法機構不應該被視作管治團隊的一部分。
袁國強認為公會錯誤理解他當年的陳述，希望大家不要混淆之餘，要看清楚上文下理，不要斷章取義。
另外，基本法委員會港方委員譚惠珠，被問到香港司法獨立是否被干預，她指基本法授予香港行政、立法、司法權，但不可說成「法無禁止即可為」。
譚惠珠認為，基本法賦予香港獨立的司法權及審判權，表示司法屬於政治體制的一部分，而行使權力有獨立性，不受行政立法影響，但不等於脫離政治體制。
(撰稿：陳志芬/責編：董樂）
As for the rest of the article of what The Economist has said, their assessment is fairly accurate of the sentiments I have been hearing from locals as well:
1. Before the reign of Chief Executive CY Leung, it's true that HKers probably would still have preferred a leader who can look out for businesspeople's benefits as well as mediate a healthy relationship with China because most people in HK knew HK is inseparable from China and China is vital for HK's future and well-being. Relationship between HK and China was also better back then, which is also why back in 2008 Sichuan Earthquake HK donated the most money for the relief. It is also true the more extreme anti-China parties arent as popular years ago, but recent years when things changed they began to pick up more heated popularities. A series of these events escalated tensions:
- the HK public watched how CCP used its hand of influence to dictate the eventual 689 votes to CY Leung, along with his complete incompetence and attitude of pro-China interests that disregarded HK public's needs completely
- mainland investments on properties had hiked up property prices to unaffordable levels for locals who now can't afford homes. this being very serious and realistic because i have many friends there and i honestly don't even know how they can ever work to pay off or be able to afford their own housing. HK is ranked to have the least affordable housing, followed by Vancouver (also my city)..where properties for both city ranged in the millions now. in fact it's been said some newly weds needed to rely on their own parents to pay for their wedding.(i attended a wedding last year of a girl i used to like[she didn't consider me because i had to go back to canada that time, and she ended up meeting a local and he proposed to her in 2012 all of the sudden at a shopping mall], and knowing her background as not wealthy and raised by her single-mom, that time when she gave me the invitation she mentioned how they don't have that much money for the wedding and had to host it at a cheaper restaurant)
- mainland investors had led to pressure by some of them to discourage some press agencies in hk from reporting stories unfavourable to them. this was verified by a friend of mine who worked at the SCMP, and we had lengthy talks about quality of press in hk and which tabloids are good and not. he told me how SCMP have investors from china and how they dont want them to talk about certain things
- due to cultural differences, etiquettes and behaviours and mannerisms of some visitors, immigrants from mainland, clashes occurred and created tension as those behaviours do not rest well with local HKers. Frequent complaints include cutting in line, rudeness, urination, defecation in inappropriate places, eating in inappropriate places, disrespecting people and the law and the premise
- arguments between mainland and HK, including insensitive comments made by both sides
- that Nationalistic Education really fired up sentiments and backfired
- earlier ago, new immigrants who "storm the emergency ward" to give birth in order to secure HK citizenships(until eventually the policies stopped further of such acts.)
- new immigrants
- arrogance and disrespectful behaviours from both sides. (for example, some netizens said "we bring money to hk by going there to buy things, so we are gods, so you serve us so", while some/many HKers feel they are being disrespectful to local culture with their rudeness and arrogance), and incidents
霸機客涉毁設施「又食又拎」
太陽報專訊】【本報訊】內地空管擾民下引發乘客「佔領港航」風波，香港航空一班飛上海客機上周五約七十名乘客，因不滿航空公司安排和賠償，一度通宵留守機艙抗議，控訴機上斷水斷糧無冷氣，但香港航空昨發表聲明反駁，強調有派發餐券及提供食水，更有該航班的空姐在網上張貼凌亂工作間的相片作出反擊，斥責乘客「賴死喺飛機唔走」，破壞機上設施及「又食又拎」。
助充電反被拍片控訴
遭乘客「佔領」的客機為香港航空編號HX234航班，載有二百七十六名乘客，原於上周五晚上九時由香港飛往上海浦東國際機場，惟因當晚上海天氣惡劣及實施航空管制，航班要延誤。該機上約七十名乘客，主要為內地人，不滿航空公司安排及只賠港幣二百元，一直留在客機上，並寫下聯署投訴信稱被「欺騙」、「輕視不尊重」和「非法禁錮」。事件擾攘約十七小時，航空公司願向每人賠港幣八百元和道歉，他們始願下機。
對於該批乘客聲稱在機上無提供餐飲及無冷氣，香港航空事後發表聲明稱，有為下機等候乘客派發早餐及午餐券，當時考慮到乘客疲憊，有為機上乘客提供飲水，也考慮機上乘客狀況，提供空調至全部乘客落機。此外，該航機上空姐亦在網上稱，當知道航班延誤，機上人員已無間斷送上水及果汁等飲料，有人員甚至將私人的手機充電器，借給乘客使用，「但最後佢哋就用佢哋有電嘅電話影我哋相，拍我哋片！」
貼爆垃圾桶相證有供水
另一名空姐亦在網上貼出照片，相中可見客機內機組人員的工作間，儲存飲料等儲物櫃疑被人搜掠，一片凌亂，垃圾雜物亂棄地上，不諱言：「E（呢）班無賴賴死喺飛機吾（唔）走，仲要正（整）爛d（啲）廁所門反轉格（架）機，再又食又拎！」另有空姐張貼「爆垃圾桶」的相片，可見垃圾桶塞滿飲品盒及膠水樽，並諷刺乘客的指摘：「多謝告知我港航HX234班機上無水無食物。」又有眼利的機組人員在乘客提供相片中找到有人披毛氈，反駁無冷氣之說。
MAINLAND PASSENGERS “OCCUPY” HONG KONG FLIGHT IN 18-HOUR PROTEST
Posted: 06/24/2014 8:37 pm
hong kong airlines flight hx234When your flight is cancelled, then that’s it: you’re not going anywhere. But for a group of mainland tourists, the decision to “not go anywhere” doesn’t necessarily have to be made by the airline.
It was 9pm on June 20, and the departure of Hong Kong Airlines Flight HX234 from Hong Kong Airport to Shanghai was in jeopardy. The air traffic control at Pudong reported bad weather and ordered the plane to delay take-off.
So the plane waited for permission to depart while still idling at its original position next to the passenger terminal. For hours. At 2am, passengers began to request to leave the plane, but it wasn’t until 3am when the captain announced the flight would be cancelled, a full six hours after the original departure time of 9pm.
At this time, Hong Kong Airlines offered its 276 passengers HK$200 in compensation, dinner and breakfast vouchers, along with a flight to Shanghai later. Around 130 of the already boarded passengers accepted this offer, and disembarked the plane. However, about 70 passengers rejected the terms, and refused to leave.
hong kong airlines flight hx234Here’s where this story takes wildly different turns depending on which side of the Hong Kong-Mainland boundary you’re on.
The People’s Daily reported that the passengers had nothing to eat or drink for the entire 16 hours, during which the air conditioning was reported to have been turned off. The paper said the airline staff also left the plane during the passengers’ protest.
This report refers to the passengers as being “detained; while the passengers were not allowed to leave the flight before it was cancelled at 3am, the passengers refused to leave the plane after 3am once the flight was cancelled.
hong kong airlines flight hx234
On the other hand, the airline states that water was provided to passengers throughout the incident, during which time the air conditioning was on, reports the Hong Kong Standard.
But it gets uglier. Passenger Mr Hua said the protesters were not seeking compensation, but rather wanted to complain about how they were being treated. But airline staff have a different story.
Stewardess Candy Tong made a post on Instagram in which she affirmed that airline staff gave food and drink to the passengers. Furthermore, Tong stated that during the delay, airline staff had lent passengers their own personal cell phone chargers. Passengers used their recharged batteries to take pictures of the flight attendants.
The following photograph was posted to Facebook with the text, “#1320 Thanks for telling me there is no food and drinks in HX 234.”
hong kong airlines flight hx234
The whole standoff finally came to an end at 3pm on the 21st — after passengers had stayed on the flight for a full 18 hours — when Hong Kong Airlines decided to increase compensation to HK$800 per passenger.
Hong Kong Airlines has experienced similar protests by mainland passengers before. Two months ago, 31 passengers refused to leave a flight leaving Bali. Back in 2011, 21 passengers refused to leave a Hong Kong Airlines flight after a nine-hour delay in Singapore. Seventeen passengers refused to leave a flight departing from Shanghai in 2012 after an 18-hour weather delay.
A “language strike” by Hong Kong Airlines flight attendants is now planned for July 1 in which staff will refrain from speaking Putonghua. July 1 is also the annual day of protest in Hong Kong, which also coincides with its handover of sovereignty back to Mainland China.
- incidents
- increasingly more pro-mainland attitudes by politicians of HK government that disregarded HK public's interests
- Article 23
Anyways these days the relationship is really bad between both sides. For that matter, I think it's less likely the HK public wants someone who's too pro-China now.
None of these I'm stating are trying to imply hk locals are always right(because some are unjust or that often both sides contribute to the conflict), but rather just listing the events as what caused the build-up of tensions. my point is to share the event and story of what had happened, not who's right or wrong.
Also again I know a lot of people here aren't from HK or know exactly what's happening there or understand how the people there feel, but I just hope people can try and take a spot and understand the frustrations of the locals there. And as for do I think what the locals are doing right? No. Certainly not. I have a lot of grievances of how extremist, racist, bigot people are starting to get, and I actually feel both sides are responsible for putting things to how things are now. But for sure is I personally do feel Beijing should take a step back, because the question really becomes how to resolve and work things out nicely, and for sure neither sending in tanks nor crying for independence and pissing off China and acting like racists is the constructive way or to create a proper better future.
2. It is true the Taiwanese are monitoring closely how HK's being treated to determine their future with China. The Sunflower Student Movement in March definitely had seen a lot of public support and sympathy by people in HK.
For people to know what the Sunflower Student Movement is,
The Sunflower Student Movement (Chinese: 太陽花學運) was a protest movement driven by a coalition of students and civic groups between March 18 and April 10 2014, in the Legislative Yuan and, later, also the Executive Yuan of the Republic of China (Taiwan).[4][5][6] The activists protested the passing of the Cross-Strait Service Trade Agreement (CSSTA) by the ruling party Kuomintang at the legislature without clause-by-clause review.
The protesters perceived the trade pact with the People's Republic of China (China; PRC) would hurt Taiwan's economy and leave it vulnerable to political pressure from Beijing, while advocates of the treaty argued that increased Chinese investment would provide a necessary boost to Taiwan’s economy, that the still-unspecified details of the treaty’s implementation could be worke
I probably will have some explaining for some things I brought up, but I gotta go out for now, so I might come back later. Again my only 2 real opinions will be "Beijing shouldn't interfere too much because HK ain't gonna go separatists at the end of the day and rather that Beijing should let more room to see how HK comes out. The more interferences the more grievances", and "both sides contribute to the conflict". Everything I've listed out are based on what I'm seeing, so I'm just reporting the story.
