How China Can Pacify Its Ungovernable City

Progressive Lawyers Group member Antony Dapiran (in his personal capacity) shared his views on how China can pacify Hong Kong: “popular protests will keep recurring until Beijing meets the city’s long-suppressed aspirations for greater democracy”.

周浩鼎憂觸發公屋領養法律挑戰

終院裁定公務員同性配偶可享已婚公務員福利及合併報稅,民建聯立法會議員周浩鼎昨日表示,因應該案裁決,擔心在外地結婚的同性配偶回港後領養小孩一旦被拒,或會觸發下一輪法律挑戰。他形容這對本港社會的家庭制度造成「非常翻天覆地的變化」。

律師會:修例勿倉卒 應增法庭審批權 意見書列「同樣重要」觀點:特首非普選難把關

法律界發起今日黑衣遊行前夕,香港律師會昨日就《逃犯條例》修訂首次發表意見書

The Express Rail Co-location Case: The Hong Kong Judiciary’s Retreat

PLG member Alvin Cheung writes: "The independence and relevance of Hong Kong’s judiciary may now be in doubt [...] Interventions from Beijing are likely to dictate outcomes to Hong Kong’s courts not only in cases directly involving political rights, but also cases that involve major policy initiatives such as public infrastructure projects."

【收緊難民政策】堅持難民議題十載 張超雄:不能因選票放棄原則

公約不只保護難民 更是保障港人 近日有傳媒以報章頭版報導是次修例,要求港府把「退出聯合國《禁止酷刑公約》」放入修例。《01社區專題》曾向「法政匯思」成員、大律師楊嘉瑋查詢。楊嘉瑋指,《公約》除了牽涉難民權益,更重要是保障港人免受酷刑對待,包括關注警權、跨性別人士及雙性人權益。他解釋,禁止酷刑委員會曾多次審查《公約》在港的實施情況。委員會2015年審議報告結果,曾要求港府針對示威者的武力事件,成立獨立委員會調查包括執法者與反示威者是否曾過度使用暴力。 楊嘉瑋認為以退出《公約》無助減少聲請者數字。現時聲請者亦可根據《香港人權法案》的其中一些權利提出聲請。而且因《公約》為全球其中一個最普世、最多締約國的人權法案,目前僅得北韓、伊朗等國家未有簽署,他指若退出《公約》將有損香港國際形象。

大狀公會改選 蔡維邦勢升任副主席

法政匯思召集人、大律師吳宗鑾表示,他對新執委會充滿信心。就大律師公會主席戴啟思上年上任時,予人強硬印象,外界關注公會與中央關係,吳宗鑾則認為,戴並非強硬,只是按需要在法治和專業議題上發聲,並非刻意對抗政府,不憂慮其連任會對公會造成負面影響。他又表示,本屆執委會關注年輕大狀的出路,在非政治議題上亦有表現,「做得好唔錯」,相信戴啟思連任能繼續帶領執委會做出成績。

Changes to pump new blood into barristers’ ranks

Barristers will have to pay each of their pupils a subsidy of at least HK$6,000 from September 1 next year. The Hong Kong Bar Association has passed a resolution amending its code of conduct, which also includes a provision allowing members to take up other jobs as long they do not affect the Bar's reputation … Continue reading Changes to pump new blood into barristers’ ranks

【國泰洩私隱】國泰不提賠償措施 律師︰有實際金錢損失較易索償

國泰航空事發7個月後才通報940萬名乘客資料外洩,就會否向所有受影響乘客賠償,國泰高層在立法會聯席會議上表示,因事件有經濟損失的乘客可與國泰聯絡賠償事宜,惟始終無交代有關賠償措施及金額。律師梁永鏗表示,如因為個人資料外洩,導致信用卡被盜用等,造成實際金錢損失,索償理據較強;如只是因資料外洩引起精神壓力,較有難度。

Xinjiang and Hong Kong: the periphery playbook

Speaking at the Hong Kong Foreign Correspondents’ Club on 14 August 2018, shortly before his political party was banned, Hong Kong National Party (HKNP) spokesperson Andy Chan pointedly drew parallels between developments in Hong Kong and those in East Turkestan [Xinjiang] and Tibet. That comparison smacks of hyperbole. As the UK’s Foreign & Commonwealth Office noted in its latest six-monthly report on Hong Kong, the territory “continues to be a prosperous and vibrant city” – a world away from the concentration camps of Xinjiang. Nor is Chan – who previously declared armed insurrection a possible way forward for his party – a particularly compelling advocate.

對政府建議一地兩檢方案的法律問題 (FAQs on Hong Kong Government’s Co-location Proposal)

法政匯思就政府建議高鐵香港段實施一地兩檢為大家準備了常見問題解答,以供參考。(Progressive Lawyers Group has prepared a list of FAQs on the Government's proposal on co-location arrangement at the West Kowloon Terminus. Please take a look!)

Beijing’s ‘lawfare’ against dissent in Hong Kong unites fractious opposition

In one of the largest protests since 2014's pro-democracy Umbrella Movement, 22,000 protesters took to the streets of Hong Kong on Sunday. The immediate catalyst for their protest was the jailing last week of three Umbrella Movement protest leaders. Joshua Wong, the international face of Hong Kong's democracy movement, together with his fellow student leaders Alex … Continue reading Beijing’s ‘lawfare’ against dissent in Hong Kong unites fractious opposition

Why Hong Kong’s justice minister Rimsky Yuen is so sanguine about joint checkpoint for express rail link

(SCMP) Jason Y. Ng says the logic behind Rimsky Yuen’s support for immigration co-location at West Kowloon is unsound, but the justice minister’s confidence stems from knowing that Beijing always has the last word.

China’s Growing Intolerance for Dissent will Come at a High Price

(The Guardian) On Thursday evening, Chinese dissident and political prisoner Liu Xiaobo died from liver cancer in a Shenyang Hospital. Liu was, as the Western press sharply pointed out, the first Nobel Peace Prize laureate to die in custody since Carl von Ossietzky did in Nazi Germany in 1938. Supporters the world over mourned the death of a man who lived and died a hero. The only crime he ever committed was penning a proposal that maps out a bloodless path for his country to democratise.

【DQ風波.博評】原訴法院「四議員宣誓案」:釋法與法治十問十答

今個星期,按《01博評》邀請,再暫停寫親子,與大家說說法律。

昨日,高等法院就羅冠聰、梁國雄、劉小麗、姚松炎的立法會就職宣誓案頒佈判辭。區慶祥大法官的判辭長達112頁,覆蓋甚廣。各傳媒已就判辭內容廣泛引述,不少法律界人士亦已就判辭的實質法律、法律程序或政治影響發表意見,我亦無意在此重複他人已做的具體法律分析。

不過,我留意到在判辭頒佈後,有些人說它是彰顯法治、有些人說是法治已死。我想趁這個機會以問答形式再重溫一下人大常委釋法機制與法治的關係,然後再簡短地看看今次「四議員宣誓案」的法治討論。

The tragedy of Liu Xiaobo is another victory for China

If you'd been surfing the Chinese Internet Friday, you might have read about Chinese President Xi Jinping extolling the virtues of free trade in his Thursday meeting with the Canadian Governor-General.

You might also have read about the bride in the coastal city of Qingdao who drove a bus to her own wedding. And you would surely have seen at least a handful of funny panda videos.

What you would not have read about is the death in Chinese custody of Nobel laureate Liu Xiaobo.

【劉曉波與劉霞.博評】與伴侶走到人生盡頭 至死不渝的愛情

今個週末,我不談子說家,只談情說愛。

近日,有一對小情人的照片在網上及媒體報導上流傳。這對小情人名為劉曉波與劉霞。

病入膏肓的曉波兄已被癌魔折磨到骨瘦如柴,面色不濟,看起來連站起來都站不穩了。但他的左手仍然堅持緊緊的擁抱着他的愛人,精神欠奉的眼睛仍嘗試向愛人方向望着。

What China’s Xi should learn from Hong Kong’s protest march

(CNN) China's President has traditionally visited Hong Kong only once every five years, swearing in the Chief Executive for a new five year term and then hastily making an exit before the traditional July 1 protest march.

For all the bluster about Beijing tightening its control over Hong Kong, President Xi Jinping's visit for the 20th anniversary of the handover of Hong Kong from British to Chinese rule was no exception.

Meet Hong Kong as it really is, with Mainlanders moving in, Hong Kongers emigrating

(The Australian Financial Review) Mornings in Hong Kong are like in no other city. For a city that heaves with a seemingly incessant energy, the start of every day presents a pause. Commuters have not yet flooded the subway system, the shopping malls are not yet open, the roads largely empty of traffic.

A delivery boy weaves his shaky bicycle across the tram lines, a basket of vegetables hanging off the handlebars. Elderly enthusiasts brandishing aluminium broad swords practise tai chi in a park. Down a side street, a taxi driver with a bucket and cloth scrubs down his gleaming red cab. Men linger with their newspapers over cups of tea and a breakfast of dim sum. Out on the harbour, a lone sampan crosses the sun-dappled water.

In a city in hyper-aware of time – of dates, and countdowns, and anniversaries – at this time of day, time itself seems to dissolve.

China Is Rapidly Squandering the Unique Opportunity That Hong Kong Represents

It is normally difficult to get lawyers to stop talking and stay quiet. But that is exactly what happened last Tuesday, when 2,000 of them, all dressed in black, marched through the center of Hong Kong in a dignified “silent protest” against a move by the Chinese government to directly intervene in the city’s legal affairs.

China breaks its promise on Hong Kong

On 19 December 1984, amidst great fanfare, the United Kingdom and China signed the Sino–British Joint Declaration on the Question of Hong Kong. It contained extensive guarantees of Hong Kong’s autonomy, rule of law, and fundamental rights — all of which would remain entrenched until 50 years after the transfer of sovereignty. On the day the treaty was signed, Deng Xiaoping confidently declared to Margaret Thatcher that ‘China will always keep its promises’.