An op-ed by activist and lawyer Patrick Poon in the Japan Times joins the international alarm over the new ‘instant Nat-Sec offense’ mechanism. And it goes further…
…Chief Executive John Lee, has dealt a lethal blow to the rule of law in Hong Kong…
The chief executive can now certify anything as “endangering national security” and thus restrict freedom of expression with the new unlimited power given to him. Judges will have no say as the secretary for justice has already made it clear.
…On June 8, Lee announced that he will decide and certify whether any matters would involve national security and the decisions cannot be challenged. Nobody knows about the criteria, except for Lee himself. In April, it was announced that travelers who refused to share passwords or deny access to personal electronic devices could be subject to criminal charges in Hong Kong.
…Judges are reduced to executing legal interpretations set out by the executive, and no judicial interpretation will be allowed
…Not to mention that there is absolutely no more separation of powers. The executive dominates government operations. The legislature only performs the role of a rubber stamp, legitimizing whatever decisions are made by the chief executive.
…China is not only exporting substandard products but also its draconian governance culture. The death of Hong Kong’s rule of law and civil society is not only about Hong Kong and China; it’s affecting the political landscape in Taiwan, East Asia and even globally as the foundations of sovereignty and democratic self-governance come under increasing pressure.
Will the writer of irate HK government press statements even know where to start?
The “criteria” are indeed a mystery—likely even to Mr. Lee.
But that’s the point.
The power lies not in the clarity of the rules, but in the discretion of those “close to him” who are empowered to interpret them.
Judicial review was already history except for those with deep pockets.
No ordinary citizen can afford the fees. Any form of crowd funidng is deemed a threat to NS Legal Aid for any challenge to the adminstration absolutely no go. Complaints to the handpicked legislators a waste of time.
All avenues to challenge the sysem have been eliminated..