Loading ...Legislator Fernando Cheung
2020-07-19
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Legislator Fernando Cheung
2020-07-19
Dear Poi Lam,
As I’ve told you earlier, I am not running for re-election this year. It is not that I have completed my mission, which is to make the powerful people listen to the voice of the underprivileged. Far from it, I think the government is distancing even further away from its people than when I first became a legislator 16 years ago.
When the government was still willing to reason, I tried to use the Legislative Council as a platform to put the policy makers and those who were on the receiving end of their policies together, forcing the officials to face the consequences of their decisions. The usually voiceless people could tell the officials to their face how the real world operated. And these voices were amplified by the media who were always present at LegCo. The social pressure stemmed from our public hearings could sometimes command the government to change.
These tactics had worked only when the officials were still, sometimes, guided by their conscience and the best interests of the Hong Kong people. But when Carrie Lam tried to force her way to introduce the Extradition Bill at all costs last year, the room for dialogue between officials and the people has vanished. The role of a legislator has changed from being a bridge between the people and the government to being a rebel.
With the enactment of the Hong Kong National Security Law (the Law), it is now clear that the Chinese Communist Party (CCP) is willing to undermine the one country two systems in order to seize complete control of HK. Even people who live outside of HK are now affected by the law. First off, the Hong Kong National Security Law proclaims that it applies to anyone anywhere in the world (Article 38 of the Law). Therefore, if you say anything in the social media or in any media anywhere in the world that could be deemed as having breached the Law, you can be arrested for such acts when you step into an area of Hong Kong’s jurisdiction, including those who are in transit or have boarded a HK registered airplane or ship. People like you who may in the future visit HK or China should listen in.
You may think that the four offences in the Law, including secession, subversion, terrorist activities, and collusion with a foreign power, should have nothing to do with you. Well, you need to think again. On July 1st, the first day when the Law came into effect, a 15-year-old girl was arrested for carrying a “Hong Kong Independence” flag in her bag. A 23-year-old man was charged with inciting secession and terrorism for riding into a group of policemen on a motorcycle while displaying a “Liberate Hong Kong, Revolution of our times” flag. If they are found guilty, they will face a possible punishment of lifetime imprisonment. The offence of secession, according to the Law, can be “whether or not by force or threat of force” (Article 20). The HK government released a statement on July 2nd declaring the popular slogan “Liberate HK, Revolution of our times” being pro-independence, secessionist and subversive, and thus criminalized under the Law.
The government can make more such declarations anytime. After all, “whether an act involves national security or whether the relevant evidence involves state secrets” is solely decided by the Chief Executive. Such decisions have binding effects on the courts (Article 47). As a result of the Law, public libraries have taken books written by the young activist Joshua Wong and democratic legislator Tanya Chan off the shelf.
Furthermore, the Law provides for the central government to establish an office in HK to enforce the law directly when they see fit (Article 55). Such enforcement includes engaging in surveillances, arrests, extraditions and supervising the HK government in its enforcement of the law (Article 49). The operation of this office does not subject to the jurisdiction of the HK government (Article 60), which means there are no checks and balances. HK’s judicial independence is also undermined by the Law’s allotting the sole power to the Chief Executive, who represents the prosecution, to appoint certain judges to adjudicate national security cases on a one year term (Article 44). If you are hoping that existing laws in HK, including the Basic Law, should provide protections for human rights, rest assured that they won’t. The Law has overriding power to all local laws (Article 62).
Academic, social and cultural exchanges will be severely affected. Heavier censorship in books for basic education has been raised by local Beijing supporters. The public broadcaster RTHK was heavily criticized and its satirical show was suspended for being too critical of the government. People are deleting chats in social media, many decided to exit chat groups altogether. Books scheduled for release have been held off. Local and international NGOs have raised alarm about their future survival. Religious groups and universities are quick to declare their support of the Law but many expressed fear on the inside.
No doubt HK is being transformed from an international city to an ordinary mainland city overnight. This is the end of HK as we know it. With the central government directly supervising every aspect of life in the name of national security, HK can no longer be deemed as a free society. With increasing sanctions imposed by the US and the European Union, HK will lose its ability to attract investments. There will be an exodus of professionals and the young. The sense of security and discontent will become much worse if the CCP decides to restrict people from leaving HK. Judging from the draconian contents of the Law and its secretive enactment process, it is not entirely impossible for the CCP to impose restrictions on the freedom to travel for Hongkongers. Social and economic conditions will become much more unstable if CCP decides to crackdown harshly and restrict access to the internet.
It is against such a background that the primary election of democratic camp was organized. As you are aware, more than 600 thousand people turned out for the primary and many amateurs in politics who are young and brave but inexperienced received more votes than many seasoned politicians. The message is clear: Hongkongers see the need to fight rather than to reason with the regime. Such hostilities are of the government’s own making since it has chosen to ignore the voices of the people, time and time again. HK is entering a dark age. But I know many Hongkongers will fight to the end. We can never be sure if our free society will prevail in the end. But it is in the fighting to defend our freedom that makes Hongkongers a free people.
Stand with Hong Kong,
Fernando
As I’ve told you earlier, I am not running for re-election this year. It is not that I have completed my mission, which is to make the powerful people listen to the voice of the underprivileged. Far from it, I think the government is distancing even further away from its people than when I first became a legislator 16 years ago.
When the government was still willing to reason, I tried to use the Legislative Council as a platform to put the policy makers and those who were on the receiving end of their policies together, forcing the officials to face the consequences of their decisions. The usually voiceless people could tell the officials to their face how the real world operated. And these voices were amplified by the media who were always present at LegCo. The social pressure stemmed from our public hearings could sometimes command the government to change.
These tactics had worked only when the officials were still, sometimes, guided by their conscience and the best interests of the Hong Kong people. But when Carrie Lam tried to force her way to introduce the Extradition Bill at all costs last year, the room for dialogue between officials and the people has vanished. The role of a legislator has changed from being a bridge between the people and the government to being a rebel.
With the enactment of the Hong Kong National Security Law (the Law), it is now clear that the Chinese Communist Party (CCP) is willing to undermine the one country two systems in order to seize complete control of HK. Even people who live outside of HK are now affected by the law. First off, the Hong Kong National Security Law proclaims that it applies to anyone anywhere in the world (Article 38 of the Law). Therefore, if you say anything in the social media or in any media anywhere in the world that could be deemed as having breached the Law, you can be arrested for such acts when you step into an area of Hong Kong’s jurisdiction, including those who are in transit or have boarded a HK registered airplane or ship. People like you who may in the future visit HK or China should listen in.
You may think that the four offences in the Law, including secession, subversion, terrorist activities, and collusion with a foreign power, should have nothing to do with you. Well, you need to think again. On July 1st, the first day when the Law came into effect, a 15-year-old girl was arrested for carrying a “Hong Kong Independence” flag in her bag. A 23-year-old man was charged with inciting secession and terrorism for riding into a group of policemen on a motorcycle while displaying a “Liberate Hong Kong, Revolution of our times” flag. If they are found guilty, they will face a possible punishment of lifetime imprisonment. The offence of secession, according to the Law, can be “whether or not by force or threat of force” (Article 20). The HK government released a statement on July 2nd declaring the popular slogan “Liberate HK, Revolution of our times” being pro-independence, secessionist and subversive, and thus criminalized under the Law.
The government can make more such declarations anytime. After all, “whether an act involves national security or whether the relevant evidence involves state secrets” is solely decided by the Chief Executive. Such decisions have binding effects on the courts (Article 47). As a result of the Law, public libraries have taken books written by the young activist Joshua Wong and democratic legislator Tanya Chan off the shelf.
Furthermore, the Law provides for the central government to establish an office in HK to enforce the law directly when they see fit (Article 55). Such enforcement includes engaging in surveillances, arrests, extraditions and supervising the HK government in its enforcement of the law (Article 49). The operation of this office does not subject to the jurisdiction of the HK government (Article 60), which means there are no checks and balances. HK’s judicial independence is also undermined by the Law’s allotting the sole power to the Chief Executive, who represents the prosecution, to appoint certain judges to adjudicate national security cases on a one year term (Article 44). If you are hoping that existing laws in HK, including the Basic Law, should provide protections for human rights, rest assured that they won’t. The Law has overriding power to all local laws (Article 62).
Academic, social and cultural exchanges will be severely affected. Heavier censorship in books for basic education has been raised by local Beijing supporters. The public broadcaster RTHK was heavily criticized and its satirical show was suspended for being too critical of the government. People are deleting chats in social media, many decided to exit chat groups altogether. Books scheduled for release have been held off. Local and international NGOs have raised alarm about their future survival. Religious groups and universities are quick to declare their support of the Law but many expressed fear on the inside.
No doubt HK is being transformed from an international city to an ordinary mainland city overnight. This is the end of HK as we know it. With the central government directly supervising every aspect of life in the name of national security, HK can no longer be deemed as a free society. With increasing sanctions imposed by the US and the European Union, HK will lose its ability to attract investments. There will be an exodus of professionals and the young. The sense of security and discontent will become much worse if the CCP decides to restrict people from leaving HK. Judging from the draconian contents of the Law and its secretive enactment process, it is not entirely impossible for the CCP to impose restrictions on the freedom to travel for Hongkongers. Social and economic conditions will become much more unstable if CCP decides to crackdown harshly and restrict access to the internet.
It is against such a background that the primary election of democratic camp was organized. As you are aware, more than 600 thousand people turned out for the primary and many amateurs in politics who are young and brave but inexperienced received more votes than many seasoned politicians. The message is clear: Hongkongers see the need to fight rather than to reason with the regime. Such hostilities are of the government’s own making since it has chosen to ignore the voices of the people, time and time again. HK is entering a dark age. But I know many Hongkongers will fight to the end. We can never be sure if our free society will prevail in the end. But it is in the fighting to defend our freedom that makes Hongkongers a free people.
Stand with Hong Kong,
Fernando
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