Hong Kong’s proposed extradition treaty with China was the subject of unprecedented street protests at the weekend, attended by as many as one million of the city’s eight million residents. It’s the biggest series of protests since 1989 marches again the Tiananmen Square massacre, and is looming as a headache for the Australian government.
Known officially as the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019, the proposed law has its second reading in the Hong Kong Legislative Council Wednesday today. While debate begins today, the bill is expected to be voted on on June 20 as the LC added sitting days to push the new law through.
But the council, which is controlled by pro-establishment figures loyal to Beijing, appears to have the numbers despite a conspicuous lack of any public consultation. Protesters have threatened to surround the legislature today and mount further challenges to the changes.
What is the extradition treaty?
Hong Kong’s “one country, two systems” promises Hong Kong a significant degree of legal and and political autonomy, guaranteed by the “Hong Kong Basic Law”.
While Hong Kong presently has extradition treaties with about 20 countries, including Australia, the new amendments will allow the transfer of “fugitives” from Hong Kong to mainland China. The proposed legislation has been widely criticised by lawyers, business people who are traditionally more pro-establishment, human rights activists and ordinary citizens. It covers a wide range of crimes, including some white collar crimes, although these have been watered down after lobbying by the business sector.
Beijing’s track record almost guarantees it will be used for political purposes. China’s legal system is opaque and offers few of the protections offered by Hong Kong’s.
The government simply says it is closing a loophole, but critics point to explicit comments from Chinese leaders that the treaty will be used to hunt down dissidents and others they believe are hiding in Hong Kong. It is widely seen that the treaty will be open to abuse.
The proposed amendment would also put journalists and whistleblowers under threat when reporting on issues related to China, dealing a further blow to the rapidly shrinking freedom of expression traditionally enjoyed in Hong Kong.
How is Beijing encroaching on Hong Kong?
Beijing has been slowly exercising more control over Hong King since similar protests in 2003 managed to bring down a proposed National Security Law. But since Xi Jinping stepped into ruling the Chinese Communist Party’s top job in 2012 Beijing has begun further constricting freedoms in Hong Kong.
An armed garrison of the People’s Liberation Army has been put in place for the first time, there has been interference in Hong Kong’s universities and attempts by Beijing to change school curriculum.
In June 2014, the Chinese government released a so-called White Paper on Hong Kong which saw 1800 Hong Kong lawyers march on the Court of Final Appeal (Hong Kong’s top court) to protest what they saw as a blue print to chip away at the Basic Law. It was also the trigger for the months-long pro-democracy protests know as the Umbrella Movement, the main protagonists of which are now in prison.
How did the media cover the protest?
In further bad news for the region’s media, journalists were blocked, abused, harassed and assaulted by police, according to the International Federation of Journalists. Police pointed their flashlights at cameras so it was difficult to film and pushed journalists into metal barriers. Later, police expelled the media from the area, shouting that “reporters have no privilege”.
“The police’s actions ignored the personal safety of journalists, seriously trampled on the right to interview,” the Hong Kong Journalists Association said.
Why should Australia be worried?
There are about 100,000 Australian citizens living in Hong Kong according to the Australian Consulate-General in Hong Kong. It also notes there are approximately 600 Australian businesses operating in Hong Kong. The Chinese government, however, has shown time and again that it has little regard for the colour of anyone’s passport as long as they were born in China.
Beijing has already shown that it will flaunt Hong Kong laws with impunity, a point highlighted by the kidnapping of five Hong Kong booksellers in 2015. One of whom, Swedish citizen Gui Min-hai, was disappeared in Thailand remains in custody on the Chinese mainland. In recent years there have been a number of high profile cases of Chinese-Australians thrown in jail for lengthy sentences, including Rio Tinto’s Stern Hu, Matthew Ng and Charlotte Chou.
What is Canberra saying?
Canberra, at least, is paying some attention. The Department of Foreign Affairs and Trade saying it is “taking a close interest in the proposed amendments …”
The Australian Consul-General in Hong Kong has raised this issue at senior levels. Given the intense public and international community interest, we hope any amendments are pursued in keeping with due process and consultation, and resolved in a way that maintains confidence in the operation of ‘one country, two systems’.
The government has consistently said that it wants to “reset” relations with Beijing and operates a model it describes as “economic diplomacy”, where money tends to trump human rights concerns. Australia recently signed a free trade agreement with Hong Kong, which is our sixth largest export market and fifth biggest in foreign investor, holding 3.4% of all foreign investment in the country.
The US, already engaged in deepening trade war with China, has expressed “grave concerns” about the bill, which it said “could undermine Hong Kong’s autonomy and negatively impact the territory’s long-standing protections of human rights” according to a State Department spokeswoman on June 10.
Hong Kong’s chief executive Carrie Lam has previously said she would step down if the people were against her. She seems to have changed her mind.
Has anyone asked Dutton and Assistant Minister Pezzullo what preparations they are making for the arrival of several hundred thousand natives of Hong Kong seeking asylum?
I’m sorry to say that this article is NOT one of your better efforts Michael. In fact the piece amounts to sensationalist drivel in which, to your credit (and in contrast to others at Crikey) you seldom engage. On the bright side, difficult topics attract few comments.
You MIGHT have explained the justification for the action by the PRC which concerns a charge of murder committed in Taiwan in February 2018. The alleged murderer fled to HK where there is no extradition formalities.
Secondly, you might have enquired as to how Carri Lam came to be Chief Executive of HK and remarked on her sentiments in respect of the legalisation. I live about 25km from where it is all happening (rubber bullets etc) and if Crikey wants an analytic and informed assessment (3,000 words at the mate’s rate of $1/word) I’ll take a week to prepare it.
At first glance the legislation does seem to conflict with the One-country two-systems convention. Lam has argued, idiotically, that if the legalisation isn’t passed HK will become a haven for PRC crims on the run. Yet, don’t mistake the protests being merely about (some notion of) democracy. While many born circa 1990 (7 years prior to the transfer of HK to the PRC) do NOT identify with the PRC at all the sentiment is by no means universal. Many do recognise the advantages of being part of the next top dog that will, likely, control everything (domestically and globally) after 2050.
Obligations, as to the transfer of HK to the PRC, expire in 2047 having existed for 50 years. In other words, the state of play is at about the half-time mark now.
Lastly, the legal system of the PRC is NOT opaque. The legal system is different and does not have a ‘Rule of Law’ as the term is understood but it does have its merits. The details of investigation are as much a part of the trail as the evidence. In some circumstances the defendant enjoys the right NOT to be cross-examined. But no system is perfect. I’m happy to describe the legal system of the PRC for the readership under a similar deal as above.
If anyone requires more then Crikey can pay. At least the UK equivalent of Sir Les, John Oliver, wasn’t mentioned in your article and who has about as much comprehension of the region as has Sir Les.
So in other words, Kyle, you reckon these more than 1 million protesters have been “hoodwinked by foreign forces”. Why don’t you go and explain this to those misguided citizens. I’m sure they’d appreciate your explanation.
Confound it Olide : please add some protein to your diet and abandon the self-confessed attraction to baked beans (or anything in a can except VB – although stubbies are preferred).
You say “hoodwinked”. Please reread my article. *I* mentioned the C.E of HK. The protests commence there; with her appointment. HK-ers resent the influence that the PRC had in the “election” of the C.E She is very unpopular and seen as a PRC plant. Considerably more could be written but you can read elsewhere for yourself
To be candid you remark locates you as the “typical” crikey reader : (1) too easily lead by the published articles, (2) inflexible perceptions (strong links to the ALP – or very anti Lib – with no articulate reason for being anit-lib or anti-anything, (3) an election-result winger with little appreciation as to the reason for the result beyond the simple minded and (4) inclined to non sequiturs when “confronted” (e.g. the reference to being hoodwinked) as a defense of ones own myopic view the world.
Sainsbury, on this matter, hasn’t a blessed clue. The preceding paragraph is not unfair and it is the reason, after a break of six months, for not resubscribing. It just isn’t worth it. Those that satisfy (1)-(4) won’t be told in any event. The irony is that they are also (because Crikey says so) anti-news corp and not for any other definitive reason.
Kyle your remarks about beans makes me wonder how much you know about everyday Asian life and food. Beans are a reasonable source of protein and an essential part of the diet of just about every Asian I have met, whether they be Soy, Lentils or Red beans.
As for my beliefs, I am strongly pro-democracy, like the citizens of Hong Kong. I realize that what we have here is a partial incomplete and flawed democracy, but it is still democracy, especially when compared with Beijing’s decidedly anti-democratic model.
I was referring to baked beans in a tin Oldie and not the raw stuff that is available in Asia or the Middle East.
As to democracy, spend a few weeks in Vietnam (not a trace of western ethos although there was more than a trace circa 2005) which is dominated by the PRC. After that, compare Singapore and HK or Taiwan for that matter. I actually prefer Taiwan (for lifestyle) to the others.
Even HK has changed over 20 years. See my initial post as to conflicts. There is a very strong pro PRC sentiment along with a pro HK sentiment among the age 17-34 brigade.
Unfortunately the word “democracy” is flung about with the same abandon as the word “racism” to the point where the words (among others) have lost their meaning. For the Nth time, the protests are more about the process of Ms Lam (1) becoming CE of HK and (2) her subsequent (perceived) deference to the PRC.
The protesters (many and varied) do recognise the major issue of the fugitive but the protests are NOT about “democracy” OR about being “hoodwinked”.
There is a lot more to the matter than that.
Kyle, you may need to brush up on your botany. Baked beans are haricot beans and as nutritious and widely consumed as any other bean. Since ALL uncooked beans are poisonous unless soaked overnight and properly cooked, I find the already processed baked beans the most convenient.
Democracy is indeed a highly ambiguous word, like almost ANY political word (eg liberalism, socialism, conservatism) which is why I prefer to talk in terms of degree rather than absolutes. While I like to think Australia is at least partly democratic (ie regular elections, partially representative political parties, and in the main tries to follow the rule of law) I have not the slightest doubt that Beijing is totally and aggressively anti-democratic and is the primary cause of the current situation in Hong Kong.
I’ll declare my hand Oldie. According to Self Nutrition Data, for a given mass of vegetarian diet (beans or broccoli) steak has an order of magnitude more protein; thus I was thinking in terms of meat & eggs etc. As to baked beans : 14g/(253g serving) c.f. 30g protein/100g sirloin. Broccoli : 3g/100g serving
(all easily searchable)
I’d have to check the reference but one definition of democracy that remains in my head is : that a country is not democratic until a government has twice lost an election and has freely given up power.
Thus Japan only just qualifies and South Africa (one party having ruled) does not qualify.
Majority rule: a common identifier of democracy. (Jean-Jacques Rousseau)
– pluralist values (a sense of political competition) via political parties.
– the notion of alternating political parties
– sometimes expressed as “rights” of the people
– Ludwig Wittgenstein referred to democracy as a family resemblance
Most importantly : a legitimisation of an Opposition.
To that end : damn all in Asia qualifies.
Moreover, effective regimes can exist independently of a democracy and Singapore and the PRC (actually rather similar) come to mind. Then we have good-old uncle Sam where one needs 12-15 million dollars just to come to the starting blocks. Not a lot of “equality” there; to say nothing of the laws and the social system. There is the NYT but little else as a useful news service.
We need to recognise, realistically, the basic incompatibility between the concept of the citizen & rule of law in China and this country.
Soon. It’s later than we think.
Smug little first-world-ers arn’t we? “Belief” in democracy, Rule of Law, Bills of Rights when any of the UN Human Righs declarations, including Rights of the Child, arn’t worth a pint of piss.
Our (UK, USA, Canada, Oz, NZ) current little system of government has its origins only to the restoration of Charles II. The parliament of Charles I (and prior) possesses no relationship whatsoever. For those without a clue as to the differences between the parliaments of 1642 and and 1661 there is about a year’s worth of reading just there.
Following on (and expanding) your remark, AR, please explain the reason for counties accross North Africa to Turkey will NEVER become modern democracies this century. I doubt if any will bother reading Kissinger on the topic at all. I haven’t the energy (any more).
As an exercise for the interested reader identify ONE commonwealth country whose PM has more than a drop of melanin and whose system of government is similar to the counties listed above. The “best” one can hope for is Fiji, Kenya and Jamaica (in ascending order) and they are democracies only in name.
Although NOT a Commonwealth country after 1960 the Gini coefficient (economic equality) has actually increased (deteriorated) with circa 30 years of ANC rule.
Malaysia
An improvement over the last dozen years or so; yes. When were you last there? Circa 2009 the airport building was little different to its amenities in the 70s.
Circa 1960 Malaysia and Singapore were on a par. By the early to mid 70s there was no longer any comparison. By the 1990s Malaysia was notably (despite some towers) third world and ‘chalk and cheese’ to Singapore.
Prior to anyone asking, (and read what I have written to date) the recent (last 24 hours) developments are very much a function of the governance of HK being very different now that that of five years ago.
The composition of the HK gov has changed entirely and while protesting will be permitted discourtesy will be dealt with severely. The base line is that Ms Lam will maintain her course.
One more item could be added. During the 60s and 70s quite a few who graduated with their PPE degrees but were at a loose end in the UK, Oz and NZ gravitated to HK for jobs in anything from government administration, teaching, police and the various departments. The, typically, married locally and upon retirement had quite attractive packages.
The majority who initially “attempted’ retirement in the UK returned to HK after a period of five years or so in the UK. The “West” had become “foreign” and, afterall, there grand-kids were in HK; some likely protesting.
Incorporate these factors, Sainsbury, when next your moved to write upon the matter.
As of 07:00 UTC the HK deportation Bill (regarding the PRC) has been suspended. My guess is that the Bill will be diluted to hell but will eventually pass.
The people have spoken, Kyle!! Do you hear the people sing?
Do come across and spend a bit of time in Asia Oldie. After a spell, I conjecture that you will be less inclined to generalise from particular instances. Ironically the decision is something of a “bonus” for Lam who will be deemed situationally aware if not wholly attentive.
As I have pointed out, while a good deal of ethos has changed in HK a good deal of British influence has been retained. The matter has implications for Taiwan too and a visit there is worth a “compare and contrast”.
Hope to do so one day, Kyle. Actually, I was hoping that Carrie and Xi would hold out longer as it would only improve the re-election chances of my favorite Asian politician, Tsai Ing-wen.
If that is the case, Oldie, than there is no mad rush. Carrie and Xi will be around for a while yet. Their talks to Yr10-12 classes at schools are really inspiring and innovate and occur at least once per month.
The major themes are Asia (read the PRC et al) in 2020, 2030, 2040..etc. The 10-15 age brigade is not omitted either; just less frequently attended.
By way of comparison the leadership in Oz/NZ is short term and polemic. I’m not taking a side; just jotting a note of explanation.
Hope you are correct on this one, Kyle, but I do have doubts about Carrie’s future, given recent developments. It appears that HK citizens have little faith in her. The HK democratic revolution has begun and as Marc Bolan sang”You can’t fool the children of the revolution”. Why don’t you renounce your misguided beliefs, leave the dark side and return to the light side? Move to Taiwan and join Tsai’s resistance to the Emperor.
Re Bolan, before he wrapped his Mini around a tree, he probably meant coz they’d already fooled themselves so comprehensively that no more was needed.
Oldie, I pointed out in my first damned post that the protest was about Lam and the Bill provided more of an excuse than a reason for the protests.
Lam is 62 and females in HK may retire at 60. Sixty is the retirement age in the PRC. My “guess” is that she will receive a “handshake” within six to eight months and totter off to oblivion – but time will tell.
‘Face’ is a big deal in Asia and if she were to resign tomorrow she could always claim that such were her intention to serve only so many months.
As for the reality of the situation, if HK and Taiwan were Earth and Mars, respectively, just who would win in an argument with Jupiter (based on Newton’s laws)?
The One-country : two systems convention has about another 28 years to operate. By 2047, factoring in Taiwan, the global game plan will be unrecognisable from a perspective in 2020. No bets; not for any odds.
Kyle, I disagree with your assessment in that I think the protests have been about the future of HK and its freedom, and Carrie is just the lightning rod for their deep distrust of the Chinese political and legal system. They want to preserve what limited democratic freedoms they have. I know that foreign teachers in China, like yourself, are handsomely rewarded, and you must be rolling in the stuff. But there is more to life than wealth, Kyle. I sense that deep down inside Kyle Vader is a Kyle Skywalker, a decent person who has been mislead to the dark side. Go to Taiwan and join the rebels and Princess Tsai to help defeat the Dark Lord. While things may look grim at the moment, if enough of us work together, we can defeat the Emperor.