2015年9月14日 星期一

POST REFORM VOTE:DAY 88 (14-09-2015)




Occupy Central

Occupy Central is a civil disobedience movement which began in Hong Kong on September 28, 2014. It calls on thousands of protesters to block roads and paralyse Hong Kong's financial district if the Beijing and Hong Kong governments do not agree to implement universal suffrage for the chief executive election in 2017 and the Legislative Council elections in 2020 according to "international standards." The movement was initiated by Benny Tai Yiu-ting (戴耀), an associate professor of law at the University of Hong Kong, in January 2013.



Umbrella Movement



The Umbrella Movement (Chinese: 雨傘運動; pinyin: yǔsǎn yùndòng) is a loose political movement that was created spontaneously during the Hong Kong protests of 2014. Its name derives from the recognition of the umbrella as a symbol of defiance and resistance against the Hong Kong government, and the united grass-roots objection to the decision of the Standing Committee of the National People's Congress (NPCSC) of 31 August.

The movement consists of individuals numbering in the tens of thousands who participated in the protests that began on 28 September 2014, although Scholarism, the Hong Kong Federation of Students, Occupy Central with Love and Peace,  groups are principally driving the demands for the rescission of the NPCSC decision.


Occupy Central site in Causeway Bay was cleared as police moved in  ...

Occupy Central site in an area surrounding the Legislative Council and Central Government Offices at Tamar were cleared 22-06-2015.


Hong Kong reform vote



Hong Kong reform vote

The Hong Kong government’s political reform proposal for how the city elects its leader by universal suffrage for the first time in 2017 is based on a strict framework set by Beijing. The plan limits the number of candidates to two or three and requires them to win majority support from a 1,200 strong nominating committee. Arguing that this does not constitute genuine universal suffrage, pan-democratic lawmakers have vowed to reject the package, while pro-democracy groups have protested. The government’s resolution was to be put to a vote by the 70-member Legislative Council in June 2015, requiring a two-thirds majority to be passed.



POST OCCUPY CENTRAL - DAY 273

POST REFORM VOTEDAY 88 (14-09-2015)

Full coverage of the day’s events  


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Beijing’s liaison chief under fire after saying separation of powers ‘does not suit Hong Kong’


Beijing’s top official in Hong Kong Zhang Xiaoming has come under fire after saying that the chief executive’s powers surpass those of the legislature and judiciary and that the separation of powers “does not suit Hong Kong.”
Martin Lee, founding chairman of the Democratic Party, called Zhang’s remarks “scary” while a teachers group called the assertion “absurd.”
Speaking in an event to mark the 25th anniversary of the promulgation of the Basic Law on Saturday, Zhang said Hong Kong will not implement the “Western practice of separation of three powers.”
Director of the Central Government's Liaison Office, Zhang Xiaoming
Director of the Central Government’s Liaison Office, Zhang Xiaoming. Photo: NowTV screengrab.
Zhang said the city’s top government official, the chief executive, has “a special legal position” which gives him “overriding power over executive, legislative and judicial organs.”
Martin Lee and others in the opposition pan-democrat camp have refuted Zhang’s assertion, saying the separation of three powers already exist in Hong Kong and that the CE cannot have powers that are unchecked.
martin lee
Martin Lee. Photo: Wikipedia Commons.
If the CE is above the courts, Lee told RTHK, that means he can get away with violating the law, a “very scary” possibility.
Civic Party leader Alan Leong said Zhang’s words “gave him shivers.”
“If [Chief Executive] Leung Chun-ying is above legislative, executive and judicial powers, then what’s the difference between Leung Chun-ying and a feudal emperor?” Leong said on radio.
Leong said the separation of powers “has always been there,” adding that courts can amend the government’s mistakes through judicial review and the Legislative Council can probe into the government’s wrongdoings using its special powers.
The Progressive Teachers Alliance called Zhang’s words “absurd” in an op-ed published on inmediahk.net. The group said Zhang was trying to “tamper with the Basic Law” and “trample on Hongkongers’ core value of the rule of law.”
Op-ed by Progressive Teachers Alliance. Photo: Inmedia
Op-ed by Progressive Teachers Alliance. Photo: Inmedia
The Hong Kong University Student Union’s Social Science Society has issued an open letter to Zhang urging him to retract his remarks.
However, Chief Secretary Carrie Lam has thrown her support behind Zhang, slamming “some people” for criticising Zhang “for the sake of criticising.”
Speaking to reporters after returning from an Australian visit, Lam said the Basic Law clearly states the powers and responsibilities of the chief executive. “No sensible person” will assume the CE has unchecked powers, Lam said.
Albert Chen, a member of the Basic Law Committee, said the CE is above legislative, executive and judicial powers, but only “symbolically.”
Zhang’s comments also sparked debate in mainland China. On popular news portal Sina, commentators voiced out support for Hong Kong’s struggle for democracy.




Secretary for Justice Rimsky Yuen Kwok-keung notes that Hong Kong's mini constitution was produced under the "one country, two systems" framework. Photo: Xinhua
Secretary for Justice Rimsky Yuen Kwok-keung notes that Hong Kong's mini constitution was produced under the "one country, two systems" framework. Photo: Xinhua

Justice chief: Look at Basic Law from HK, Beijing perspectives

Hong Kong should look at the Basic Law from its perspective as well as that of the central government, or the two systems cannot coexist under the “one country” framework, Secretary for Justice Rimsky Yuen Kwok-keung said.
In a recent interview with Xinhua News Agency, Yuen said the Basic Law, Hong Kong’s mini constitution, was produced under the framework of “one country, two systems”, and therefore it cannot be observed and interpreted from the perspective of just one side, Apple Daily reported on Monday.
On many occasions, he said, Hong Kong does not understand the mainland’s legal situation and vice versa, producing a negative effect when both sides collaborate.
To change that, Yuen emphasized the need for full communication between the two sides.
Yuen’s remarks came after Liaison Office Director Zhang Xiaoming said at a weekend conference marking the 25th anniversary of the Basic Law that Hong Kong’s chief executive is below the central government but above the executive, judiciary and legislature branches of the Special Administrative Region government.
Zhang’s speech prompted criticism from members of the pan-democratic camp, who said such comments were tantamount to elevating the Hong Kong leader’s status to that of an emperor.
Civic Party leader Alan Leong Kah-kit said he supports “one country, two systems” but it is just baloney if one country comes before two systems, adding that Yuen should step forward and correct Zhang’s comments in public.
In the Xinhua interview, Yuen also said Hong Kong is facing challenges in the aftermath of last year’s Occupy protests. He cited the anti-parallel trading demonstrations seen earlier this year and also recently.
While Hong Kong citizens enjoy full freedom of speech and assembly, it is wrong for people to jeopardize others’ rights and even the social order when exercising their rights.
It is very dangerous to do illegal things in the name of political appeal, he said, adding that confrontation is not the best policy and everyone should be more forgiving to show respect for democracy.
As for his remaining two years in office, Yuen stressed he will do his best to preserve rule of law, the core value of Hong Kong, and everything he does will be based on two standards, law and the society’s overall interests.

CY Leung has a 'special power' that overrides those of the executive, legislative and judicial branches, says Zhang Xiaoming (inset). Photo: HK government, tvb.com
CY Leung has a 'special power' that overrides those of the executive, legislative and judicial branches, says Zhang Xiaoming (inset). Photo: HK government, tvb.com

Is a power struggle in Beijing sending bad vibes to Hong Kong?

It came like a bolt from out of the blue.
And unlike previous official statements on “one country, two systems” which tend to follow a predictable trajectory, this one by Beijing’s top man in Hong Kong is shocking for two reasons — it’s new and it sounds terrifying.
On Saturday, Zhang Xiaoming told officials at a Basic Law anniversary reception that the separation of powers in Hong Kong only refers to its political system.
And this clincher: Leung Chun-ying has a “special power” which overrides those of the executive, legislative and judicial branches, or words to that effect.
Did Zhang just pronounce the end of Hong Kong as we know it and ushered in 2047, the year “one country, two systems” expires, 32 years early?  
Beijing’s tinkering with this governing principle has come at the expense of Hong Kong’s core values which are anchored on the constitutional separation of powers.
Hong Kong people, not always reassured by their political leaders or satisfied with them, look to an independent judiciary as a refuge.
Zhang’s comment fritters at that comfort zone when people start to fear how Leung might wield his “special power” on our courts.
The legislature is already under his thumb with pro-establishment politicians in control of the chamber.
Hong Kong is what it is because of those core values.
Its political system of checks and balances has sheltered its people from abuse by the powers that be and ensured their way of life, without fear it will be taken away by their government.
Beijing keeps saying it’s proud of the success of  “one country, two systems” but the fact is it does not know how Hong Kong works.
The first thing it did when Hong Kong people tried to make it live up to its word regarding their constitutional development was to tighten its grip on the population.
That’s how last year’s democracy protests became an excuse by Beijing to curb Hong Kong’s political enthusiasm.
Now Zhang has indicated that Beijing is prepared to jettison Hong Kong’s status as a special administrative region and turn it into just another Chinese city.
Not surprisingly, a pro-Beijing newspaper on Monday defended Zhang’s comments, saying these are in line with President’s Xi Jinping’s directive to uphold Beijing’s authority over Hong Kong.
It accused Hong Kong people of lacking understanding of the relationship between Hong Kong and Beijing after 1997.
And to top it all, it said the leader of Hong Kong is responsible to Beijing, not Hong Kong.
Should this alarm us?
There has been speculation about a power struggle in the Communist Party, with some leftists trying to force the top leadership to put Hong Kong under an even tighter leash.
It’s possible Zhang’s comments represent his own views or these might have been made to test the waters for the hardliners.
On Sunday, Justice Secretary Rimsky Yuen told state news agency Xinhua that Hong Kong and Beijing should look at “one country, two systems” and the Basic Law from each other’s perspective.
It’s this dynamic that Hong Kong people have been skittish about. 
They’re likely not as concerned about the infighting in Beijing even if its sending unwelcome ripples their way.
































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