Disgraced former Hong Kong minister Patrick Ho Chi-ping has appealed against his conviction in the US over a multimillion-dollar bribery case. Jason Ng, a US lawyer and convenor of Hong Kong’s Progressive Lawyers Group, said that for Ho to successfully appeal he would either have to present new evidence or witnesses, challenge the evidence from the prosecutors’ side or argue that the judge wrongly interpreted legal principles.
Written in 2019, a report on Hong Kong’s rule of law may make for uncomfortable reading – but to the authors, it is also a reminder that there is much work to be done. Next month the Progressive Lawyers Group (PLG) will launch what it hopes will be an annual tradition: a record of major events affecting Hong Kong’s rule of law, paired with its own legal analysis and recommendations.
法政匯思看不見將「不當使用」國歌或「侮辱」國歌的行為刑事化能夠為社會帶來多大的實際效益，以為政府對人民的憲制權利 ── 包括對言論自由的侵害 ── 提供充份的正當理由。即使我們假設將與國歌相關的行為刑事化而對憲制權利衍生的限制有其正當性，這種限制應該是狹窄而被清晰定義的。然而，現時該草案非常粗疏且模糊不清；尤其是該草案的第 6 和第 7 條更無法符合「依法規定」的原則。(As a starting point, we see no material societal benefit or need in criminalising conduct involving the “misuse” of the national anthem or the “insult” of the national anthem, which justifies such encroachment on the constitutional rights of the individual, including the freedom of expression. Even assuming the restriction of constitutional rights by criminalising conduct involving the national anthem is justified, the boundary of such restriction should be narrowly drawn and clearly defined. However, the Bill in its current form is poorly drafted and appallingly lacking in clarity. In particular, the offence creating sections (Clauses 6 and 7) regrettably fall foul of the “prescribed by law” requirement.)
In March 2019, the Progressive Lawyers Group presented its submissions on the National Anthem Bill gazetted by the Hong Kong Government on 11 January 2019.
Progressive Lawyers Group Convenor Jason Y. Ng attended radio programme Backchat today to discuss, among other things, the Government’s plan to amend the extradition laws which will allow Hong Kong to hand over fugitives to mainland China.
Move over, national anthem law. Make room, anti-subversion bill. Here comes the government’s latest legislative menace: a fundamental policy shift in fugitive transfers between Hong Kong and mainland China. This time, the threat to personal security is bigger, more real, and has the potential to affect a broader range of people than any other government bill we’ve seen in recent years.