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Showing posts with label rule of law. Show all posts
Showing posts with label rule of law. Show all posts

Tuesday, 26 June 2012

Incoming HK Chief Executive's trust deficit accelerates

Can Hong Kong citizens trust him?

CY Leung apologises for illegal structures

Wealthy property surveyor Leung Chun-ying is due to take office, mired in controversy, as Hong Kong’s next chief executive on July 1.  


The Chinese-language Ming Pao Daily reported last week that Leung’s residence on Victoria Peak, the lofty enclave for the rich, powerful and famous, featured an illegal glass canopy extension. That caused Buildings Department inspectors to check more closely, tallying five more instances of illegal structures on the property.  


Extensions to property in Hong Kong are a big deal, partly because rapacious landlords erect them on the top of their buildings for extra revenue. They are often illegal, unsafe, unsanitary and occasionally downright dangerous. 

The campaign of Henry Tang Ying-yen, Leung’s main rival for the chief executive job, collapsed when it was discovered he had a 2,400 square foot illegal basement under his Kowloon Tong house. Tang first denied it, then blamed his wife for building it. CY Leung had publicly declared during the campaigning that he had no illegal structures at his home.


Conducting a media pack through his HK$500 million residence, Leung explained that he bought the twin property 10 years ago and had an ‘authorized person’ inspect it for compliance with buildings regulations. He promised to rectify the infringements immediately. 


Albert Ho Chun-yan, Democratic Party chairman and the third man on the CE ballot in March, was incensed and will seek a judicial review or court petition to nullify the results of the small-circle CE election. “We are taking this matter to court because Hong Kong people need a credible chief executive” declared Albert who participated in the election to challenge the legitimacy of the electoral college.


The media circus has hired cranes stationed outside CY Leung’s residence just as they did outside Henry Tang’s Kowloon Tong quarters in February. There is live TV coverage and commentary.


Leung talks the talk


“There is only one law for all in Hong Kong, rich or poor,” Leung stated on ‘Newsline,’ the ATV interview program hosted by Michael Chugani last Sunday. He made the comment in the context that the same rule should apply to himself and to the New Territories villagers who claim they should be exempt.


Leung has the ability to say the right things even when caught with his pants down. In politics that is a rare gift. Comparisons with the ‘Teflon president’ Bill Clinton, who could look people in the eye and lie with a straight face, are not amiss. 

Allegations of being a closet communist, of urging riot police action on the 2003 public rally against a draconian security bill, of taking instructions from the ‘united front’ plotters at the China Liaison Office and now of violating the buildings code, all seem to slide off without sticking. 

Leung rarely gets flustered in public. He takes it all in stride like a hardened politician. He will not be scuppered.  He puts on the long-suffering look of the misunderstood. Colleagues who have worked for decades with him have difficulty penetrating his inscrutable personality. Nobody really ‘knows’ him. The old establishment of senior civil servants, property tycoons and university academics have major reservations. 

Public trust is surprisingly absent for a man who diligently tours depressed neighborhoods, avoids hobnobbing with the tycoons and projects himself a champion of the poor. There is something about CY Leung which invokes deep-seated mistrust.

Leung has apologised three times within the past five days at the various forums and meetings his team has organised. His latest apology was “I am disappointed in myself over this incident. I have let down my friends and the public. I am sorry”.

Tardiness after Henry Tang fiasco?

What rankles about Leung’s illegal extension discovery is that Henry Tang was felled by extensive media disclosure of similar unauthorized structures over which Henry remained silent as his government declared it would demolish all such extensions. 

Tang was then second in command in the Donald Tsang administration. Henry typically stuck his wife with it. She is now the subject of Buildings Department and legal investigations.

Leung had plenty of warning and ample time to rectify his illegal structures away from public glare. Why did it need a report by Ming Pao Daily, the same paper which broke the Henry Tang story, for him to act? Was it gross negligence, poor judgment or arrogance?

As a property surveyor himself, CY Leung has even less excuse for being unaware of what contravenes building regulations. Questions are being asked about the professional advice he received. Some point to that as disturbing evidence of his inability to find competent advisors.

His choice of outsiders inexperienced in administration or policy-making, to head up several bureaus in the incoming government has raised eyebrows among independent and pro-Beijing legislators.

Democrats bay for resignation

Several pro-Beijing compatriots voiced their disappointment and displeasure at this unwelcome tarnishing of the incoming chief executive’s reputation. After the humiliation of Beijing’s first choice for chief executive, the compatriots were relieved to have Leung slide into position by default. He was embraced as one of them who made good on his own.

Tsang Yok-sing, president of the Legislative Council, characterized the illegal structures as “serious negligence” on a radio talk program but did not think it was a deliberate cover-up. 

Chan Yuen-han, head of the Federation of Trade Unions (FTU), demanded a full explanation. The FTU had cast its vote for Leung in the ‘small-circle’ election for the chief executive.

Regina Ip Lau Suk-yee, an unsuccessful contender for the CE nomination, declared “integrity matters for those running for public office, therefore the illegal structure row is a serious problem”.

The democrats predictably held a protest march calling for Leung’s resignation saying he is “morally bankrupt”.

Fast-track ploy defeated in Legco

The attempt to fast-track the incoming administration’s restructuring bill ahead of the 10 pending bills and 17 resolutions was defeated in Legco by one vote. Of the 54 legislators in the chamber, 27 voted for, 25 against. The motion needed 28 votes to be carried. The government was too casual in assuming it easily held the majority in Legco. Chief secretary Stephen Lam’s jaw dropped when the vote-count was announced.

The president abstained from voting to maintain his impartiality. Regina Ip abstained ‘on principle’. Two pro-government legislators were absent.

That unexpected setback means the full complement of three top officials, two deputy secretaries and 14 bureaus in Leung’s administrative revamp (which will cost the government HK$60 million more per annum), will not be in place July 1 when it takes office.

What is particularly embarrassing about this is that President Hu Jintau will be in Hong Kong on that date to commemorate 15 years of the resumption of Chinese sovereignty. It is an altogether inauspicious start for the new chief executive.

Security bill rears its ugly head

It is widely suspected that Beijing’s support for CY Leung in the CE election, after Henry Tang self-destructed, included an obligation to pass the reviled Article 23 security legislation during the next five-year term. CY Leung has denied that Article 23 is a priority for his administration.


CY's 689 votes at the CE election adds to Article 23?

In 2017 the chief executive is to be universally elected. Given Hong Kong’s instinctive suspicion of the real intent of Article 23, it is unlikely that any popularly elected leader can endorse it. If the security bill is not enacted during the next term, it will be near impossible to embed it in the statutes thereafter.

Many independent and pan-democratic legislators fear that Leung’s strongman leadership style, evidenced by his aggressive push for quick approval of his massive reorganization of the government machinery, will similarly railroad the Article 23 bill when he feels it opportune to do so.

After 180,000 Hong Kong residents turned up for the June 4 vigil in Victoria Park for the 1989 student massacre in Tiananmen and a mass march June 10 over the suspicious suicide of Tiananmen dissident Li Wangyang at a hospital in Hunan, the public mood is outrage at the Communist Party’s callous disregard for human rights.

Ambrose Lee Sin-kwong, the outgoing secretary for security, last week made the loony claim that Hong Kong people “owe the central government a constitutional responsibility” to enact the national security legislation. 

That sounded like Hong Kong should show its gratitude to Beijing for the right to exist, by passing a bad law designed not to defend national security but to allow government to curtail treasured rights of free expression, assembly and press, allow home raids without warrant and imprison journalists for disclosure of undefined ‘state secrets’. 

The Singapore Straits Times’ China correspondent Ching Cheong was jailed for three years in 2005 for disclosing ‘state secrets’ and spying for Taiwan. None of the allegations were proven. He was also the subject of a false smear campaign by the authorities for allegedly keeping a mistress. Ching Cheong was a vice editorial manager on the communist paper Wen Wei Pao in Hong Kong. He resigned in protest with 40 others after the 1989 Tiananmen massacre. 

China already has responsibility for external defense and international relations under the Basic Law. Article 23 is not a vital defense against attack by foreign forces. It is to shackle internal challenges to the creeping pro-mainland takeover of Hong Kong’s legislature, governance, academic institutions, police and justice systems. 

James To Kun-sun, chairman of the Legco security panel and a democratic lawmaker, said Article 23 should not be voted on until Hong Kong moved to universal suffrage. When all legislators are elected by the people, they are unlikely to pass bad laws which undermine fundamental freedoms and human rights.

The worry now is whether Hong Kong’s new chief executive will connive with Beijing to remove the territory’s last remaining freedoms and rule of law. Can Hong Kong people trust Leung Chun-ying?

ENDS

Wednesday, 25 January 2012

Beijing professor trashes rule of law in Hong Kong as colonial relic

Angry YouTube exchange on HK subway triggers name-calling
A YouTube video last week showed an altercation on Hong Kong's mass transit subway between a mainland family and local commuters. A Beijing TV talk show featured the video, sparking angry denunciation of Hong Kong people as 'dogs' and 'trash' by a university professor.


Kong Qingdong, a professor at Peking University also criticised Hong Kong natives for trying to differentiate themselves from mainland Chinese. (Photo: Screengrab from video)
Prof Kong's views are widely shared. Northerners historically resent Southerners
Professor Kong Qingdong of Peking University has a reputation for regressive views forcibly expressed in foul language on campus and on TV talk shows. Apart from claiming direct lineage from Confucius as the 73rd generation descendent, he inspired the Confucian Peace Prize awarded to Vladimir Putin last year. 


He appeals to the doctrinaire Maoist remnants of the Party and champions Confucian authoritarianism while the rest of China moves on. His continued tenure at prestigious Peking University indicates he enjoys official support for his hardline conservatism.


Rule of law for 'trash' societies
Professor Kong dismissed the rule of law as a colonial mechanism to beat Hong Kong residents. He also slammed Singapore for its laws on smoking. He equated both as inferior people who need to be whipped into correct behaviour. The need for the rule of law is evidence of 'trash' societies.


"Speaking of the rule of law, the British brought it there and let it stay. How did the British deal with these Hong Kong dogs? They gave them a good lashing. They lash them harshly. Today the Beijingers would say that these people f----g deserve a physical lashing."


When the talk show host commented that the environment is cleaner in Hong Kong, the Professor's retort was "Why is it cleaner? Because they rely on rule of law. They do not rely on the quality of the people. Just like in Singapore, you are fined 5,000 dollars for smoking. When you have to resort to the legal system to maintain order, it shows that your people have no quality and no self-consciousness. You won't do what you are supposed to unless you get a beating. This is summarized in one word: Trash."


Eating not allowed on MTR
The regulation forbidding the consumption of food and drink on the MTR is largely followed by Hong Kong commuters. Perhaps the mainland family were not aware of it. Perhaps they chose to ignore it. The eating of the noodles on the train and its spill onto the floor of the carriage provoked the angry exchange. It was captured on a mobile and posted on YouTube.


'Teacher Kong' continued to castigate Hong Kong for being ungrateful and lacking patriotism. "Hong Kong has been returned to China for so long already but their hearts and minds have not returned yet. There are still plenty of running dogs for the colonialists. In front of them they are dogs but in front of mainlanders they are wolves."


Resentment against South has historical roots
The impoverished farmers and fishermen of nineteenth century Guangdong and Fujian provinces ventured out to South East Asian shores and the Americas in search of better lives for themselves and their families. Their descendants over several generations have established successful trading businesses, enjoying freedoms of travel, expression and political participation not yet available in the land of their forefathers.


The imperial rulers in Beijing regarded Southerners traditionally as disloyal and unpatriotic for leaving. The Shanghainese are viewed as too commercially driven. The fortunes and better lives the emigrants built abroad has been a source of friction ever since.


Sun Yat Sen hung out in HK while
pushing to replace Imperial rule

CKS declared the rival ROC
in Taiwan after losing the fight

The South has been the hotbed of anti-imperial and anti-feudal sentiment and revolts. The nationalist republic of Sun Yat Sen declared on the demise of dynastic rule, was financed and harboured in the South. The challenge to Mao's communist forces was led by Chiang Kai Shek from his Shanghai stronghold. It was through the ports of Canton and Shanghai that Western trade negotiated Imperial China using local agents and collaborators.


The press and magazines in Guangzhou and Shenzen continue to push the envelop on media commentary about policies and personalities.


Failure to use Putonghua
The Cantonese defeated the British in one way consistently - they refused to use English as the language of the streets through 150 years of colonial rule. In darkest Africa, the English language took root easily under British administrations. The fierce adherence to native dialect and culture continued in Hong Kong under the British and in Guangdong even after the Communist revolution of 1949. Cantonese literature, movies, music and songs continue to thrive locally and abroad as the most successful linguistic creative export to the diaspora.


The Central government in the mid-80s from sheer frustration, denounced "the 50 million laggards in the South who refuse to speak Putonghua." Cantonese enthusiasts on the other hand argue that it is the closest dialect to Tang dynasty Chinese, still retaining ancient Chinese expressions, while the seat of power in the north has been heavily influenced by Mongol rule, culture and language. 


Mainland births to secure Hong Kong residency
There is continuing resentment about mainland women using loopholes in Hong Kong's immigration processes to gain residency rights for babies born in local hospitals. That surge has displaced many Hong Kong mothers from access to maternity facilities at public hospitals. 
HK women are impatient with the foot-dragging
on immigration policy and controls
While a quota has been declared to manage the competitive balance in public and private hospitals, middlemen have schemed to use 'emergency' access to defeat regulatory control. Instead of pre-booked and scheduled deliveries, imminently birthing mainland women are sneaked past immigration and rushed into emergency wards. Immigration personnel trained to intercept these cases are now being deployed. 


There is political pressure to seek another "interpretation and change of the Basic Law" to bar mainland babies from the residency qualification. The Hong Kong administration is reluctant to hot-foot to Beijing for 're-interpretations' which would tatter the already fragile Basic Law. They are seeking cross-border co-operation to stop the middlemen and to remove the abuse of the existing channels for agreed mainland immigration quotas.


It says more than all Professor Kong's denunciations of Hong Kong, when mainland mothers risk their lives and that of their unborn babies, to secure their children a better future in the HKSAR.


ENDS