Alvin Lum Profile picture
23 Feb, 13 tweets, 5 min read
Just in: Hong Kong Govt to introduce change to election rules and oath-taking for holders of public offices. Press conference at 4pm.
What we've heard:
· district councillors required to take oath
· lawmakers/councillors disqualified barred from running for 5 years
· once secretary for justice launched proceeding, the lawmaker/councillor will be suspended pending proceeding
Legco paper's out, confirming those violated the oath of allegiance will be barred from running for CE/Legco member/district councillors for 5 years.

Note: appeal on Court of First Instance decision can be leapfrogged to the Court of Final Appeal.

BREAKING: Hong Kong will ban persons threatening national security, filibustering or launching public referendum as means against Beijing or HK Govt, or refused to acknowledge HK's constitutional role to run in any election: Govt paper to Legco.

District councillors will also be required to sing national anthem when they swear in.
Important technical detail: govt planned to remove the time limit that SJ could launch disqualification proceeding against lawmaker/district councillors. Previously, respective laws said legal action must be brought from within 6 months the alleged acts committed.
The proposal will be tabled at Legco on March 17, and resumed second reading and clause by clause scrutiny sometime in Q2, according to Govt's paper.
District councillors will be asked to swear in, said Constitutional and mainland affairs Erick Tsang, despite it's already nearly one and a half year after 2019 election.
English version- Two and a half pages to define what it mean to “uphold the Basic Law and bear allegiance to the HKSAR”.
And apparently, Erick Tsang forgot to switch his mobile to silent mode.
Loving the country means to love the Chinese socialist system which is led by Chinese Communist Party, said Tsang the constitutional minister.

CONTEXT: The new law contains a clause that will remove any councillors who "is declared or decided" to have failed to fulfil the legal requirement of bearing allegiance to HKSAR.

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More from @alvinllum

22 Feb
BREAKING: Xia Baolong, director of Chinese HK-Macau Affairs Office, claimed electoral "loopholes" must be plugged to stop anti-China forces or their agent from grabbing power. Legco, Chief Executive election committee election and District Council elections named in his speech.
Worth noting Xia said Beijing will lead the changes to Hong Kong's electoral system, while "practical methods" will be needed to ensure, among others, that JUDICIARY and heads of IMPORTANT STATUTORY BODIES are also assumed by genuine patriots.
The "red line", per Xia, basically covers anything "anti-China", e.g. those who attacked Central Govt, opposing the Communist Party (which was viewed against Chinese constitution), and can't threaten Beijing by forgoing HK's prosperity.
Read 6 tweets
11 Nov 20
BREAKING: NPCSC has passed a resolution that determines lawmakers, who once determined to involve promoting independence or foreign interference, will be unseated immediately and without going through court oversight.
MORE BREAKING: Four-pro-democracy lawmakers Alvin Yeung, Dennis Kwok, Kwok Ka-ki and Kenneth Leung immediately disqualified by HONG KONG GOVT.
Legal sector lawmaker @cpdenniskwok said its his honour to be disqualified for fighting for democracy and due process, and thanks his fellow party members and electorates.
Read 23 tweets
10 Nov 20
Exclusive: Chief justice Geoffrey Ma stressed HK court will approach national security cases "in exactly the way it approached any other cases". He responded to q from @hkcnews_com during a @IBAnews webinar, stressing court required to consider human rights under BL and ICCPR.
Ma agreed challenges and legal issues could arise from NSL, though they have yet to really come before the courts. He won’t say if NSL is departure from Basic Law, saying public has to wait till a case arise to “look closely” if BL undermined/compiled with.
While police chief Chris Tang and pro-BJ media claimed NSL manage to deter protests in HK, Ma said that’s “open to conjecture” and he can’t really answer.

In a related Q if people scared to protest, he noted HK is in the middle of Covid, which is again open to interpretation.
Read 6 tweets
1 Jul 20
CE Carrie Lam to address SAR anniversary ceremony. Not so much social distancing for guests, while July 1 march by @chrf_hk banned partly due to public health reasons.
Lam first mentioned the national anthem law passed in June, where the anthem played and national flag raised during the ceremony earlier are protected by the law.
Moved on to NSL, where Lam hailed the new law is key step to end the chaos to restore to proper governance. She slammed those “vicious attack and smearing” against NSL, and reiterated the legislation is lawful, constitutional, and reasonable.
Read 5 tweets
30 Jun 20
BREAKING: Beijing will have power from arrest to trial, if Hong Kong face situation of (1) "grave practical threat" on national security, (2) complicated foreign or external intervention beyond HK jurisdiction, and (3) HK Govt cannot effectively enforce NSL. (section 55, 56)
Con't: Mainland criminal procedure will then kick in, effectively breaking the firewall between two jurisdictions. Mainland legal docs will be enforceable in HK (s57), and btw, Chinese national security agents are not under SAR jurisdiction, ie. don't have to follow HK law. (s60)
Read 15 tweets
28 May 20
Thread- Two legal bodies asked Beijing to immediately withdraw national security law. UK @BarHumanRights that the law be used to suppress the fundamental rights, damaged the integrity of 1C2S, place strain on the independence of the judiciary, and weakening the rule of law.
.@BarHumanRights has called on NPC to withdraw the bill immediately, and urges #hkgov to engage in constructive dialogue with the leaders of the pro-democracy movement to foster a climate where the legitimate concerns over democracy & human rights be met.…
.@NYCBarAssn also called on NPC to withdraw national security draft decision and cancel the vote today, and also urged HK & BJ to "renew their commitments to the rule of law and human rights" under 1C2S.…
Read 5 tweets

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