Category Archives: extradition

Beijing’s Hard and Soft Repression in HK

https://www.sciencedirect.com/science/article/pii/S0030438720300120?dgcid=author or https://www.sciencedirect.com/journal/orbis/vol/64/issue/2

Abstract

Hong Kong’s new Police Commissioner Chris Tang announced in Beijing on December 7, 2019, that he would use “both hard and soft approaches” to end the anti-government protests. This article argues that such “approaches” amount to physical and non-physical repression—hard power, but employed by Hong Kong, rather than mainland, forces, combined with sharp power exercised by both Beijing and the local authorities. These measures are responses to the limits on what Beijing can do under the “one country, two systems” model. As Beijing cannot send the People’s Liberation Army (PLA), it has subverted Hong Kong’s once-respected civilian police force to act like the mainland’s public security. And as Hong Kong’s judiciary is relatively autonomous and many of the arrested would not be convicted or sentenced, the police have resorted to a decapacitation campaign to inflict direct violence on protesters. Moreover, as the city’s freedom has allowed the public to support protesters in various ways, Beijing has launched a program of dismissal of pro-democracy individuals in both public and private sectors. To zoom in on Beijing’s hard and soft repression, this article examines in closer detail the other “frontliners” at protest sites who provide professional services vital to the sustainability of protests: medics, firefighters, lawyers, journalists, and educators.

[Click on the above link for the full article.]

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How Beijing Has Fomented The “Riots” And Incited Violence

A longer piece: Beijing’s All-Out Crackdown on the Anti-Extradition Protests in Hong Kong https://www.prcleader.org/victoria-hui 

A shorter piece: Hong Kong’s Protests: Look Beyond Tiananmen 2.0

Excerpts:

In 1989, Hong Kong people marched under the banner “Today’s Tiananmen, Tomorrow’s Hong Kong.” Thirty years later, the Tiananmen incident still has uncomfortable resonances in Hong Kong.

… the most notable similarity with Tiananmen is the fomentation of “riots” to justify a brutal repression.

… Why and how did Hong Kong’s protests go from peaceful rallies to fiercer forms of protest?

… All of Beijing’s previous attempts at undercutting Hong Kong’s freedoms were pushed back by peaceful protests. But because it is difficult to repress peaceful protesters, part of Beijing’s effort has been focused on turning them into violent protesters.

The process of radicalizing peaceful demonstrators has various steps, and the first move by Beijing has often been to refuse to make concessions, thereby forcing the opposition to either abandon their demands or to step up their actions. At Tiananmen Square, students escalated by going on a hunger strike. In Hong Kong, the government’s unresponsiveness to multiple peaceful marches gave rise to the protest slogan: “It is [you] who taught us that peaceful demonstrations are ineffective.”

As if to reinforce this conviction, the authorities have increasingly closed off nonviolent means of expressing dissent.

The Civil Human Rights Front, an organization that has led peaceful marches without incident since 2002, mobilized 1 million people on June 9, 2 million on June 16, and 1.7 million on August 18. However, the police have rarely issued “no-objection notices” after August 18 – rendering many subsequent protests “unlawful assemblies” to be cracked down upon in the eye of the law. Jimmy Sham, the Front’s convener, was even attacked twice by hired thugs.

Protesters have formed human chains, spontaneously sung “Glory to Hong Kong” across the city, and promoted their cause through public art and “Lennon Walls.” These peaceful displays of solidarity, however, are subject to same risks as other “unlawful assemblies”, and much of the art has been destroyed by government agents and counterprotesters. Supporters have been arrested by the police or stabbed by pro-Beijing thugs.

Strikes and boycotts, other popular nonviolent tactics, have also been made ineffective in Hong Kong, with Beijing responding by manipulating businesses across the city to punish employees who participated.

Indeed, the authorities have little tolerance for such nonviolent means of dissent because they are the hallmark of “color revolutions.” As a Hong Kong and Macau Affairs Office spokesman said, the goal of general strikes and class boycotts is “to paralyze the Hong Kong government” and “seize the power for governing the Special Administrative Region.” Hong Kong Education Secretary Kevin Yeung issued a warning that students in uniform “should not stage, or participate in political activities, including class boycotts, singing songs, chanting slogans, forming human chains or other related activities like distributing flyers promoting political messages.”

To further tighten the screw on freedom of expression, the government imposed a mask ban on October 5. Most protestors wear masks to both hide their identities and protect themselves from tear gas and pepper spray. The high court ruled the ban unconstitutional on November 18, but Beijing immediately criticized this decision as a usurpation of central authority, never mind the original guarantee of judicial independence for local courts.

In addition to stifling legal and peaceful channels of expression, Beijing has also used brutality to intimidate some potential protesters and provoke violent reactions from others.

On this, we should turn our focus to the “other Tiananmens” across China in 1989. As analyzed by journalist Louisa Lim, for instance, party leaders deployed the police rather than the military in the inland city of Chengdu. The Chengdu police’s goal was not to disperse crowds, but to “annihilate” the movement by beating protesters to death and by ordering hospitals to stop accepting the wounded.

The repression in Hong Kong has echoes of the Chengdu model, short of outright killing. The Hong Kong police have beaten protesters with batons, breaking the bones of those already pinned down in direct view of journalists and passersby. The police fired point blank at a protester who had no weapon in his hands on November 11. Near the besieged Polytechnic University, police vehicles took on a new “battle tactic” to ram at high speed into protesters, causing a stampedeand severe injuries. Parents of students trapped inside were less worried about their children getting arrested per se, but more about their sons and daughters enduring broken limbs, sexual assault, and other forms of torture under arrest.

The police have also arrested first responders, blocked the path of ambulances, and rounded up suspected protesters at hospitals. Doctors and nurses, who know first-hand the extent of bone fractures and brain injuries, have staged sit-ins with the slogan “Hong Kong police attempt to murder Hong Kong citizens.” International observers complain that police operations are “unheard of in civilized societies” and have systematically violated international humanitarian norms.

Another aspect of the Chengdu model is the use of provocateurs and criminals to set fires to the People’s Market to discredit the movement and provide justification for an all-out repression. In Hong Kong, there is reasonable suspicion that some of the large-scale destruction was committed by officers dressed as protesters, who were escorted away rather than arrested by uniformed police.

The Hong Kong police have allegedly colluded with gangsters to beat up protesters, organizers, and journalists alike. The indiscriminate assaults by thugs in Yuen Long on July 21 and after triggered vigilante justice.

Driven by both the closing of legal dissent and the intensity of regime brutality, protesters have increasingly turned to violent escalation. This has, in turn, opened up the opportunity for agent provocateurs to further inflame the “riots.” As images of black-clad people emerge from vandalized shops and train stations, it is difficult to sort out who is a protester and who is in disguise.

Just as the narrative of smashing and burning helped to justify a heavy crackdown in 1989, Hong Kong protesters’ turn to firebombs has given credence to the authorities’ call to “stop the violence and end the turmoil.”

The sieges of university campuses represented a major escalation to wipe out the most determined young protesters under the new police commissioner Chris Tang. The police arrested 1,377 “rioters” from and near the Polytechnic University alone, taking the total number of arrests to 5,890. Mass arrests of protesters not just from the streets but also residential buildings, universities, and secondary schools means that there is no refuge for what Chief Executive Carrie Lam calls “enemies of the people.”

By manufacturing the “riots,” Beijing has managed to not just inflict debilitating injuries on rebellious youth, but also take down Hong Kong’s pillars of freedom. It has stifled freedom of assembly and undermined local courts’ final jurisdiction. These measures would have been unthinkable in Hong Kong’s more peaceful times.

… if a “Tiananmen 2.0” has been averted, this has to do not just with domestic events, but also with the city’s international status and international support. In 1989, international sanctions against Beijing came only after a bloody massacre. In 2019, the U.S. Congress tabled, debated, and passed the Hong Kong Human Rights and Democracy Act in the face of heightening police brutality. It may not be sheer coincidence that the Chief Executive Carrie Lam agreed to suspend the extradition bill on June 15 after Senator Marco Rubio re-tabled the Act on June 13, that she announced the withdrawal of the bill on September 4 when the Congress held a hearing on U.S.-China relations, and that the District Council election was not delayed or canceled when the Act was set to pass.

For these reasons and more, the “Tiananmen 2.0” analogy has turned out to be overblown. And this is not because Beijing has “acted responsibly” as U.S. President Donald Trump said, but because the U.S. Congress and the rest of the world have kept a close watch.

See the entire piece at https://thediplomat.com/2019/12/hong-kongs-protests-look-beyond-tiananmen-2-0/

New York Times photo: Protest photo evokes memories of Tiananmen era

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Taking stock of the university sieges and District Council elections

“Why the Protests in Hong Kong Have Taken a New Turn,” Global Dispatches, a United Nations and global affairs podcast, December 9, 2019 (https://www.globaldispatchespodcast.com/why-the-protests-in-hong-kong-have-taken-a-new-turn/ ).

https://www.washingtonpost.com/politics/2019/11/26/hong-kong-citizens-just-voted-more-democracy-what-happens-now/

Hong Kong citizens just voted for more democracy. What happens now? These local election results won’t keep protesters out of the streets

November 26, 2019 at 7:00 a.m. EST

Sunday’s District Council elections produced landslide victoriesfor pro-democracy candidates, just days after a Hong Kong campus turned into a siege battleground. Six months after Hong Kong’s mass protests began, where do things stand — and what’s next? Here’s what you need to know:

 

1. Clashes between police and protesters have become increasingly violent.

 

Since mid-June, protesters have demanded that Hong Kong authorities formally withdraw an extradition bill that sparked the initial mass demonstrations, open an independent investigation into police abuses, drop the “riot” characterization of the protests, release those arrested on rioting charges, and reopen a dialogue on genuine universal suffrage as promised in Hong Kong’s Basic Law.

Hong Kong Chief Executive Carrie Lam on Sept. 4 belatedly announced the government would withdraw the extradition bill. By then, protesters had turned from umbrellas to firebombs and the police had resorted to massive arrests and brutal beatings of protesters.

As summer morphed into fall, confrontations spread from the streets to train stations, shopping malls and residential buildings across all major neighborhoods. Police routinely fired rubber bullets, tear gas, pepper spray and water cannons at high velocity and at close range — and used live ammunition on Oct. 1 and Nov. 11. In turn, black-clad people (some were protesters and some could be agents provocateur) stabbed officers, meted out vigilante justice to regime supporters and vandalized pro-Beijing businesses.

 

2. Two Hong Kong universities came under siege.

 

A University of Science and Technology student named Chow Tsz-lok died Nov. 8, after an alleged fall from a parking garage that week. This triggered citywide mourning and a new cycle of escalation. As protesters threw debris to block major traffic routes around university campuses, police closed in on Chinese University of Hong Kong on Nov. 11 and then Polytechnic University on Nov. 18. Police retreated from the mountainous Chinese University but have continued to encircle the centrally located Polytechnic University, where an estimated 30 students remain.

Hong Kong analysts suspect that the new police commissioner, Chris Tang, deployed a deliberate strategy to lure hardcore protesters to “defend” Polytechnic — then arrest them all in one sweep. Police arrested more than 1,000 protesters, adding to nearly 4,500 arrests before the siege. Labeling those trapped on campus as “rioters” provoked an angry response from supporters, who attempted a counter-encirclement. The police then rammed their vehicles at high speed into nearby crowds, causing a stampede and more arrests.

[Updates: The police arrested 1377 people at Polytechnic, 810 from inside and 567 from surrounding areas. They also registered 318 youth below the age of 18, who may or may not be charged later. Total arrests stand at 5800 as of November 27.]

 

The images of university campuses in flames prompted international condemnation of the use of force — as did the arrests of medical volunteers wearing clearly marked vests and helmets.

 

3. The Sunday District Council elections were a de facto referendum on Hong Kong democracy.

 

The District Councils are the only bodies fully directly elected in Hong Kong. District Council elections typically involve local issues like local facilities and community activities. This time, voters made it clear this election was a way to voice their support for protesters, while China’s state-owned media urged Hong Kong people to “vote to end the violence.”

A record 2.94 million voters turned out — out of 4 million registered voters among a population of 7.5 million — undeterred by long lines throughout the day. Pro-democracy candidates included former student leaders and current protest organizers. They took 57 percent of the popular votes, thereby winning 388out of 452 seats and securing the majority in 17 of 18 districts councils.

 

4. The elections won’t resolve demands from Hong Kong protesters.

 

Sunday’s local elections suggest many in Hong Kong remain supportive of the protests. Many of the councilors-elect immediately vowed to press for the protesters’ remaining demands — in particular the call for an independent investigation on police brutality and the push for universal suffrage.

 

Although the Basic Law, the city’s mini-constitution, promises “one country, two systems,” Beijing has been ruling from behind through the Central Coordination Group for Hong Kong and Macao Affairs, led by Vice Premier Han Zheng. Han has been meting out directives from across the border — it was apparently he who allowed the extradition bill’s suspension in June, and the District Council elections to proceed as scheduled. China’s Communist Party Plenum even formally proclaimed on Nov. 1 that the central government aims to “exercise governance” over Hong Kong.

Hong Kong people believe the only way to stop the erosion of “one country, two systems” is to reform how the chief executive and the Legislative Council are chosen as promised in the Basic Law. Under current arrangements, Beijing effectively handpicks the chief executive through a 1,200-member election committee. Pro-democracy district councilors are now guaranteed all 117 allotted seats in this committee, but they are still in the minority. In the Legislative Council, “functional constituencies” representing different industries and specialized sectors select half of the 70 seats, many chosen by pro-Beijing corporate votes.

 

The weakness of democratic accountability is what has allowed Beijing to push through any bills, corrupt the local police, roll back freedom of expression and undercut judicial independence. Hong Kong people’s deep fears of the vanishing “one country, two systems” is likely to sustain the protest demands.

 

5. Will the violence continue to escalate?

Many international observers ask if Hong Kong protesters will return to nonviolent means of protest, in the aftermath of the overwhelming victories at the District Council elections.

 

That may be the wrong question. Beijing has no tolerance for strikes and boycotts, seeing these as attempts at a “color revolution.” The police stopped granting “no-objection notices” to applications for peaceful marches, and has shown up in force to stop what it considers unlawful assemblies. Police have also harassed and arrested young students who have formed peaceful human chains. The government has further taken down “Lennon Walls” of pro-democracy artwork and messages.

 

The massive turnout for the elections suggests that Hong Kong people would opt for the ballot rather than confronting bullets. So perhaps the more important question is whether Beijing would open up the ballot box to include genuine universal suffrage for higher offices.

However, if Beijing is intent on controlling Hong Kong rather than honoring the promised high degree of autonomy, then it may well conclude that it should further tighten its grip on Hong Kong. If the ballot box and peaceful means of dissent are closed off, there is likely to be another cycle of violent escalation. As pundits have increasingly warned, Hong Kong could become Belfast.

source: Standnews
Screen Shot 2019-11-30 at 8.25.16 PM

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Refrain from violence to keep international support

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Hong Kong protesters should refrain from violence to keep US support for democracy and human rights

Hong Kong protesters are engaged in a teenagers-vs-superpower struggle. The movement needs international support to tilt the balance. To mobilise international support, protesters should refrain from violent escalation.

Hong Kong people have been lobbying the US Congress to pass the Hong Kong Human Rights and Democracy Act. The act was passed by the House of Representatives on Tuesday. It remains uncertain when and if it will be passed by the Senate.

Yet, when US Senators Ted Cruz and Josh Hawley visited the city last weekend, they were greeted by news of a police officer being stabbed in the neck and the detonation of a home-made bomb for the first time. Both senators urged protesters not to respond to police violence with their own violence.

Protesters should heed this advice. The act, when signed into law, would impose sanctions against police officers and government officials who violate human rights in Hong Kong. Its passage would help rein in police brutality.

See more at: https://www.scmp.com/comment/opinion/article/3033265/hong-kong-protesters-must-renounce-violence-keep-us-support

 

And

Michael C. Davis

Democratic reform is the best way to protect Hong Kong’s autonomy and halt the cycle of protests and repression

How should we understand the ever-escalating violence, as the protests have lasted for 20 weeks, and where should we look for a solution that might bring the protests to a satisfactory end?

The historic effectiveness of non-violent protests in Hong Kong has largely depended on who is calling the shots, Hong Kong or Beijing. This same issue, which relates to the sufficiency of Hong Kong’s autonomy, is where a solution to the ongoing protests must be found.

Looking back at the many protests in Hong Kong – in 2003, over Article 23; in 2009, over the high-speed rail; in 2012, over national education; in 2014, over democracy, and; the current anti-extradition/democracy protest – a common denominator is that when the Hong Kong government is free to respond to demands, solutions can typically be found.

This was evident in two massive non-violent protests, the Article 23 demonstrations, where the draconian bill was ultimately withdrawn, and in the proposal over national education that was ultimately withdrawn. Such a local climbdown was also evident when Hongkongers fought off the proposed extradition bill: Chief Executive Carrie Lam Cheng Yuet-ngor’s self-admitted misjudgment produced a bill that is ultimately to be withdrawn.

If Beijing is seen to override Hong Kong’s autonomy to dictate outcomes, protests are more likely to be sustained and violent. This is not surprising, as the question of Beijing’s interference and the resultant diminution of Hong Kong’s autonomy has been at the heart of nearly all mass protests.

More at https://www.scmp.com/comment/opinion/article/3033928/democratic-reform-best-way-protect-hong-kongs-autonomy-and-halt

 

 

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The proposed extradition law could open the door to extradition to China

Originally appeared in Monkey Cage, Washington Post, May 11, 2019

By Michael C. Davis

Debate over Hong Kong’s proposed extradition law devolves into a scuffle in the legislative council

This law could open the door to extradition to China, and that’s the problem.
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[source; Globe and Mail; see also HKFP]

Fights broke out Saturday in the Legislative Council of Hong Kong as lawmakers debated an extradition measure that would allow transfer of criminal offenders to face charges in mainland China.

On its face, the proposed amendment to Hong Kong’s Fugitive Offenders Ordinance and the Mutual Legal Assistance in Criminal Matters Ordinance would allow ad hoc extradition to any jurisdiction where Hong Kong lacks an extradition agreement, something the government claims that it is routine practice. Hong Kong has mutual extradition agreements with 20 jurisdictions and provides legal assistance to 32 others.

However, local and foreign rights lawyers are concerned that the measure would include extradition to mainland China. Legal expertsspeculate Beijing hopes to open the door to extradite corrupt Chinese officials who flee to Hong Kong, as well as perhaps catching local activists in the dragnet.

The government in arguing for the measure has cited the recent case of Tong-Kai Chan, who fled to Hong Kong after killing his girlfriend in Taiwan over an alleged affair, and could go free if not extradited to Taiwan. But it’s not clear why this one case would justify the drastic overhaul.

The Taiwan Mainland Affairs Counsel, however, has indicated that Taiwan would not accept transfer of Chan to Taiwan under this legislation because of the wider risk of extradition to the mainland for its citizens in Hong Kong.

In a complex legislative maneuver, to ensure the measure passes, the pro-Beijing majority in the Hong Kong council usurped the authority of the pan-democratic member presiding over the bills committee. This maneuver and the pro-establishment effort to ram the bill through set the stage for Saturday’s brawl.

The bill raises a number of concerns:

1. The bill undercuts the protection of Hong Kong’s rule of law 

The “one country, two systems” framework for Hong Kong’s return to China in June 1997 recognized that these two legal systems have a huge gap in protection of human rights and the rule of law. Beijing guaranteed Hong Kong would have a high degree of autonomy — including human rights and rule of law protections that do not exist in Chinese laws. The only mainland laws that apply in Hong Kong are a handful of laws added to Annex III of the Hong Kong Basic Law addressing issues such as national symbols, nationality, diplomacy and sea boundaries.

These legal gaps remain largely in place two decades later, and the two governments thus far have failed to reach an extradition agreement. The mainland system often ignores human rights and the rule of law, and includes a number of laws that restrict basic freedoms. Global rankings for freedom and the rule of law demonstrate the difference: Hong Kong ranked 16 and China 82 out of 116 countries on rule of law, for instance.

The nonpartisan legal adviser to the Legislative Council, a career government servant, has taken the unusual step of openly raising these concerns. In his view, extradition to the mainland should require a special agreement that more clearly addresses Hong Kong concerns with basic freedoms and due process of law.

2. The proposed bill fails to exclude the extradition of Hong Kong residents to mainland China

A prominent member of Beijing’s Basic Law Committee, Professor Albert Chen of the University of Hong Kong, points out that most jurisdictions under extradition agreements typically do not extradite their own citizens. The possibility of extradition to the mainland especially worries many Hong Kong residents.

The extradition proposal has already caused one local resident at risk to flee Hong Kong. In late 2015, bookseller Wing-kee Lam was arrested while visiting neighboring Shenzhen, China. Months later, Chinese officials sent him back to Hong Kong, ostensibly to collect evidence. But Lam then refused to return to the mainland. He recently moved to Taiwan, claiming it would no longer be safe for him in Hong Kong.

3. The Hong Kong government has failed to defend the territory’s autonomy

The government claims that the chief executive would serve as a gatekeeper to review requests for extradition to the mainland. But a Beijing-friendly Election Committee chooses Hong Kong’s chief executive, making the person in this role vulnerable to pressure from Beijing. In 2005, when Beijing disapproved the performance of Hong Kong’s first chief executive after the handover, he effectively had to resign. To many in Hong Kong, the Beijing liaison office in the Western district has undue influence on what goes on in Hong Kong.

The Hong Kong government has argued that it would allow extradition only in cases where the individual’s basic human rights were protected, and the decision would be subject to judicial review. Chen, however, noted that this puts Hong Kong courts “in a difficult and invidious position.” One worry, perhaps, is that the court may come under simultaneous pressure in the same case from both Beijing and the Hong Kong government.

Despite its commitment to defend the autonomy promised under the “one country, two systems” framework, the Hong Kong government has a history of enabling interference from Beijing. In other recent cases, the Hong Kong government has prosecuted protesters, expelled pro-democracy legislators and banned political parties — actions many in Hong Kong see as moves on Beijing’s behalf.

This bill has also generated much international concern. Foreign governments have recognized Hong Kong as a separate territory for customs and trade since 1997, distinct from mainland China. The U.S. provides for such recognition under Hong Kong Policy Act, for instance. The recent U.S. State Department report on human rights in Hong Kong raised concerns about the erosion of basic freedoms.

The US-China Economic and Security Review Commission also weighed in this past week to argue that “The extradition bill could pose significant risk to U.S. national security and economic interests in the territory,” allowing “Beijing to pressure the Hong Kong government to extradite U.S. citizens under false pretenses.” The same Commission in its 2018 report had worried that Beijing interference had endangered autonomy, calling Hong Kong’s distinct trading status into question.

In a recent press interview, the U.S. consul general in Hong Kong suggested that this extradition legislation will only intensify U.S. doubts about the continued viability of Hong Kong’s special status under the Hong Kong Policy Act.

Michael C. Davis is a professor of law and international affairs at Jindal Global University and currently a senior fellow at the Woodrow Wilson International Center for Scholars in Washington, where he is affiliated with the Asia Program and the Kissinger Institute. Formerly a professor at the University of Hong Kong, he has written on Hong Kong and Asia for the Journal of Democracy

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