Eric Yan-ho Lai 黎恩灝 Profile picture
Dec 17, 2021 15 tweets 4 min read Read on X
10 Things You Need to Know about the 2021 #LegislativeCouncil #Elections in #HongKong

1/ Candidates are Chosen by the Authorities: All candidates were approved by the state-led Candidate Eligibility Review Committee on the basis of reports by national security police… Image
2/ Dozens of former election candidates are captured in pre-trial detention: Let’s not forget that this election should have been held last year, after the citywide pro-democracy’s primary election with more than 610,000 citizens casting ballots…
(Cont’) The government then postponed the election, and arrested 55 of the participants in that primary election, which was perceived as a subversive act by Beijing. Among the arrestees, 47 of them are charged with subversion, and only 14 of the defendants were granted bail…
3/ Turnout Rate Critical to the Government: A high turnout rate would be interpreted by the government as a successful election.Alternatively, although the result can be open for multiple interpretations, a low turnout rate is capable of being read as a disapproval of the system.
4/Free Expression in Campaign Period Severely Diminished:Under the new election laws, anyone who publicly calls for boycotting or casting blank ballots will be charged with incitement. 10 citizens have been arrested for such incitement offence, and 2 of them are formally charged.
5/Public Opinion Survey and Election Observation are Intimidated: they are accused by pro-Beijing media of promoting casting blanks votes by including that specific question in their survey questionnaire. The Chief of anticorruption also stated that they are investigating so.
6/Election Affairs Commission tightens Free Speech by Restricting Exit Polls: In the new election guidelines, the EAC stresses that exit polls on the voting would not be approved if the ‘proposed exit poll may cause embarrassment to the EAC given its role’…
(Cont’) Exit polls would also be disapproved if they ‘compromise public perception of the credibility of the election’. Is this a way to silent any dissenting voices against the electoral management and the electoral system, which are supposed to be accountable to the public?
7/Polling Stations at the Mainland Border Checkpoints without Checks: concerns of fair election and due diligence in electoral management are raised as the local law enforcement agencies cannot monitor any manipulations of voters’ choices in the mainland territory.
8/Self-claimed Non-establishment Candidates are Blessed by Beijing’s Messenger: Lu Wen Duan (盧文端), the head of an ‘united front’ organisation in Hong Kong, urged for giving rooms for those non-establishment candidates to win the elections, otherwise…
(Cont’) Lu said a full victory of pro-establishment camp would give bullets for ‘anti-Chinese forces’ to smear the new election, and thus a total victory becomes a loss. Ironically, ‘non-establishment’ candidates are blessed by the establishment.
9/Formal Election Observation Impossible: Hong Kong’s election law does not give official recognition to election observers and watchdogs. With the new national security law, overseas delegation of election observation could be read as committing the offence of foreign collusion.
10/Oath-taking Remains Weaponised: Let’s not forget that an amended oath-taking law is now in effect as well. Lawmakers, even if they would convert themselves to be the opposition, could be disqualified during their office if they commit acts in the‘checklist’ under the law.
Hope my tweets help people who wants to understand what’s going on regarding the new political selection event in Hong Kong on the coming Sunday.
The picture in my first tweet of this thread is the Chamber inside the Legislative Council Complex. Recently, the emblem of #HKSAR is replaced by the #PRC’s national emblem, possibly for oath-taking purpose. The picture does symbolise the nature of the #HK legislature today.(End)

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More from @laiyanhoeric

Jan 29
1/ The #HKG will announce the commencement of consultation of Article 23 legislation tomorrow, despite the use of the NSL has almost empowered the gov to take full control of HK society. Here I forecast some key issues of A23 legislation ahead of the official press con: Image
2/ Sources hinted that the gov would not choose a ‘white bill’ constultation, which allows greater flexibiliy and openess for pulbic intervention before a final bill is out. Rather, they are likely to adopt a ‘blue bill’ consultation to warrant almost no adjustment the draft bill needed following the results of public consultation.
3/ Whatever the choice of consultation method is adopted, it is clear that all opposition voices in HK are suppressed by the use of the NSL and sedition law. In the past 3.5 years, more than 280 citizens got arrested for national security crimes, and many societal sectors are censored.
Read 9 tweets
Jun 15, 2023
(1) Another sad evidence of Hong Kong government practising reprisals against citizens exercising free speech abroad and returning to their hometown. What is more absurd is that they charge her with committing sedition that has no long-arm effect. twitter.com/i/web/status/1… Image
(2) The NSL of 2020 provides the principle of extraterritoriality for the NSL offences. Although the local court confirmed the offence of sedition as part of the national security crimes, it does not mean that sedition should have extraterritorial effect.
(3) Sadly, in a previous verdict, the local court convicted a youngster for insulting the PRC national anthem and national flag by social media posts published abroad (Case no. WKCC3506/2022). This was a ruling in the magistrate, the lowest level of criminal court in HK:… twitter.com/i/web/status/1…
Read 4 tweets
May 10, 2023
1/Today, the HK legislature passed legal amendments that empowers the executive govt to bar foreign lawyers from handling cases concerning national security in #HK. This is another example of damaging #HK's integrity of the legal system. See my thread: asia.nikkei.com/Spotlight/Hong…
2/ The legislation works against the tradition of allowing foreign lawyers without full qualification in Hong Kong to handle cases under the discretion of the court, now this discretion has shifted from the court, which would make decisions on the basis of merit, to the executive… twitter.com/i/web/status/1…
3/ The vague definition of 'cases concerning national security' in the bill implies that the government can arbitrarily use the new powers to allow or prohibit foreign lawyers from taking up local cases, whatever civil or criminal, on the over-broad ground of 'national security.
Read 7 tweets
Apr 24, 2023
1/BREAKING: #UN Special Rapporteur on the independence of judges and lawyers sent a communication letter to the #PRC Government on #HK's #NSL, legal aid and law reforms affecting local & overseas #lawyers. Images are extracts. Full text: spcommreports.ohchr.org/TMResultsBase/… ImageImageImage
2/ This letter of communication covers issues of human rights protections, judicial independence, fair trial under the NSL, as well as police powers, legal aid reforms, new cap of judicial review, foreign counsel and the latest government proposed bill of the Legal Practitioners… twitter.com/i/web/status/1…
3/ Impressive quotes can be found: 'Many of the provisions in the NSL seem to be at odds with your Excellency’s Government international legal obligations, in particular as set out in the ICCPR and customary law norms recognized in the UDHR.'
Read 8 tweets
Dec 30, 2022
1/ Beijing's interpretation of #HK's #NSL (articles 14 and 47) fully empowers the Committee for Safeguarding National Security to override judicial decisions in the future, if local courts fail to obtain certificates from the Chief Executive in light of national security matters.
2/ Theoretically, the NSL interpretation today creates a de facto Prerogative State like what Germany had in the 1930s, when national security authorities enjoys privileges to adjudicate political trials whereas local courts operated in parallel to handle other disputes.
3/ The NSL interpretation solves whether overseas lawyers (without full qualification in HK) could defend NSL cases. This does not only lie in criminal cases but also civil matters. Now, the National Security Committee can trump all judicial decisions: info.gov.hk/gia/general/20…
Read 5 tweets
Jul 27, 2022
5 key takeaways from the UNHRCom’s first Concluding Observations on Hong Kong re ICCPR since the NSL was enacted. Link to the COs today: tbinternet.ohchr.org/Treaties/CCPR/… (1/x)
1/ the CO stresses that anyone or NGO engaging in the UN human rights bodies must not be criminalised or at risk of reprisals (para 50), whereas the HKG refused to warrant free participation of individuals and groups in UN mechanisms in the hearings.@UNHumanRights (2/x)
Civil society organisations, espy trade unions and human rights groups engaging in the UN mechanisms and global community must not be read as colluding with foreign forces.  (3/x)
Read 11 tweets

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