Hong Kong Rule of Law Monitor 香港法治監察
@HKRLM_ORG
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🇭🇰 HK lawyers based overseas | 🔍 Human rights and rule of law in HK | Eng + 廣東話 | DMs open
Joined March 2022
We have submitted a response to the #HongKong government's #Article23 "consultation" with the kind assistance of Prof Johannes Chan SC. Read it here:
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RT @antd: Quite an extraordinary slur on the legal profession from HK’s secretary for justice:.
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RT @XinqiSu: Proposed procedures in #Article23 bill for police to apply before a magistrate extra detention/restrictions on nat sec suspect….
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Edward is spot on: the Court of Appeal's judgment on sedition maintains #Hongkong 's departure from international norms.
首宗煽動案上訴｜黃啟暘：等同裁定香港毋須參考普通法地區發展 立場案法官須跟從.
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@hksamyip @AcrhkOrg @X For background: we (and other #HongKong activist accounts) also got suspended for a while in Dec 2022 without particulars
We are back! Thanks friends for looking out for us. No matter what happens to this platform, you can always find our updates on our newsletter, the Hong Kong Rule of Law Update:
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"When we take enforcement actions. it may be in response to a valid legal request from an authorized entity in a given country." Are accounts like ours, @hksamyip and @AcrhkOrg being limited by @X bc the #HongKong gov designated us as "anti-China"?
help.x.com
Learn about various levels at which we may take action, what happens, and how you can appeal an account suspension.
Anyone at Twitter care to let us know what's going on? Swear we are honest God-fearing citizens (recent anti-China designation notwithstanding)
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Many of our earlier criticisms of WK Kwok's judgment in the Sheep Village seem equally applicable to the CA's judgment:
hkrlm.org
In this judgment, the Hong Kong court completely abandoned its obligations to protect fundamental rights, and fully adopted the government’s narrative in disparaging the widely supported pro-democr…
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Anyone at Twitter care to let us know what's going on? Swear we are honest God-fearing citizens (recent anti-China designation notwithstanding)
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With this judgment, HK's Court of Appeal seems intent on HK remaining an outlier on the (failure to) protect the fundamental freedom of expression.
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With the ICCPR, the modern position is to either abolish sedition or require 1) incitement to violence or public disorder 2) such incitement is targeted against the gov (Canada, US, UK, Aus, NZ, ECtHR).
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For example, dismissing the Siracusa Principles (1984) as "outdated" while affirming a conviction on sedition (originating from 1938). This also ignores that the HK Court of Final Appeal has relied on the Siracusa Principles on previous occasions.
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This is the first judgment from a higher court of #Hongkong on sedition - all previous ones have been at Mag Ct or District Ct level. Unfortunately, it makes many of the same mistakes that lower courts have made.
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不斷強調國家安全須受保障，以衍生和合理化更多「保障國家安全」的措施。Securitization begets more securitization；或許政府對於採取這種手法自我感覺良好，但至少應問問：這真的得民心嗎？有被國際社會肯定嗎？
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Get more from 綠豆 Green Bean on Patreon
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The response. written with the assistance of former HKU law professor Johannes Chan, described the domestic security law as "draconian." It lacked references to the city's fundamental human rights obligations and some terms used were "too wide and vague," the group said.
Hong Kong’s ‘broad’ homegrown security law may curtail free speech and press freedom, foreign gov’ts and groups say . 🔗
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港大法律學院客座教授陳文敏昨日聯同「香港法治監察」向政府提交意見書，批評諮詢文件過度強調安全，卻忽視了個人自由、政府公開透明等社會價值，亦沒有提及香港等基本人權義務。#Hongkong #Article23.
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We elaborate on this in the Rule of Law Report at Chapter 3(a) on media freedom:
hkrlm.org
Hong Kong Rule of Law Report 2022 tells a cautionary tale
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Can confirm. Journalists are being forced to choose between doing their jobs professionally, and preserving their own safety.
When you ask for legal advice, a responsible lawyer will tell you that the safest way is not to do anything. In a sense, they’re doing their jobs and I respect that. The problem is that the answer [to whether it’s perfectly safe to do something] is always going to be “no.”.
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RT @tripperhead: 🇭🇰🎶. Glory to Hong Kong injuction:. • Govt counsel urged the court to fulfil its “positive duty” under the Beijing-imposed….
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