Posts Tagged ‘dissidents’

Rubber bullets can and do kill

October 2, 2014

rubber bullets arrive

This is a picture of rubber bullets being prepared on Hong Kong island today, 2 October 2014.

It looks like protesters are ready to attempt to break into government buildings to occupy them and that police, after first using tear gas (not yet done so, but will), may be ready to shoot.

I maintain that the protesters would be better to refocus on a strategy of blockading the Tycoons’ Towers, most obviously the car parks, thereby forcing them to use the main door like everybody else when Hong Kong goes back to work. At such a point there might be an opportunity to confront KS Li, Lee Shau-kee, Robert Kuok and the rest. CY Leung won’t meet the people, so what about the tycoons? They are the ‘prefects’ of this system.

The other good target would be to stake out these guys’ homes, including on Deepwater Bay Road, the tycoon alley where many of them live. Then there is the golf club, where they play in the early morning.  But the most obvious target is the Towers.

The point is to refocus the protest on Hong Kong, the backward nature of government, the monopolies and oligopolies that lead to far higher real estate, utility, supermarket, bus fare and other costs than should be the case. This is why Hong Kong needs genuine universal suffrage.

A move on government offices will be deemed in Beijing to be an attack on the state. This may be very hard to reverse back from to a position where an accommodation can be reached, something I believe is entirely possible. Plus people are quite possibly going to get maimed or killed.

A move on the tycoons, by contrast, is something that everyone can live with. They’ll be absolutely livid, but they are big boys and can deal with it. Start with K.S. and Cheung Kong Tower. He’s the smartest of the gang. Greedy but affable and, let’s remember, the son of a teacher.

CY Leung will hold a press conference at 11.30pm tonight, Hong Kong time (very soon). More in a bit.

 

Update (midnight in Hong Kong):

CY Leung said at the presser that he has asked a senior civil servant to ‘hold talks’ with protesters.

Here is livestream that collates 4 different live TV sources in HK and contains some English notes for those of us who can’t do Cantonese. You’ll get a couple of ads before it runs.

Happy holiday?

September 30, 2014

Tuesday 30 September 2014 in Hong Kong. Tomorrow is China’s National Day, symbol of ‘Liberation’, symbol of the Party. What will it bring?

Central has not yet been occupied, so that is one thing.

But if I was these students and workers and housewives and children, I would occupy the space around the main tycoons’ towers. Each of the big boys works out of a penthouse in their HQ tower. Imagine if they couldn’t get in! Start with Cheung Kong Tower in Central and carry peacefully on from there.

I should say, of course, that as a gweilo I ought not to be recommending such things. But it is important to remember that this protest, at least a decade in the making, is about far more than just the electoral arrangements for 2017. It is about justice for the ordinary man and woman, about fair trade, about an end to rip-offs and the economics of the few. I have always said that I love my tycoon acquaintances, but they know as well as anyone that life moves forward and that the real tycoon is able to adjust.

 

Hong Kong, the day before 1 October

Hong Kong, the day before 1 October

Link:

Latest from Keith Bradsher in the NYT here, of interest mainly because of CY Leung’s drivel half way down the story. He really is not a good advertisement for Bristol Polytechnic. Perhaps that is why they changed their name to the University of the West of England.

Video:

From Dominic Meagher, 8.30-9pm Hong Kong time, Tuesday 30 September, wandering through the crowds in Admiralty. This is his Facebook page. This should be the specific video. Huge numbers of people, few police, no tear gas, party atmosphere (thus far)…

Cripes:

Forgot about Hemlock, whose blog is here. Just now he is writing about snowy-haired nutcase Robert Chow. But what we really want to hear is dear, politically-rather-well-connected Hemlock explain his erstwhile deep affection for CY ‘He’s going to change things’ Leung. Think I’ll send him an email…

Chinese:

Here is what Xi Jinping says about Hong Kong and Taiwan in his National Day speech. It seems accommodating inasmuch as he reasserts commitment to the Basic Law and does not (if I am reading this right) say anything about ‘Basic Law as we decide to interpret it’. But of course they have already said that, so who knows?

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Update, 1 October:

All is well on 1 October. No violence around the China flag-raising ceremony by the Convention Centre in the morning, just well-earned heckling for CY Leung.

This is a very useful piece linking HK, Taiwan and Xinjiang by Michael Cole in The Diplomat. Good context for anyone who needs it, which is pretty much everyone. This is not bad by the BBC’s Carrie Gracie trying to figure what might be going through Xi Jinping’s head at this point; of course it is speculative, but Carrie has a lot of experience. In Chinese, this is today’s People’s Daily (the CPC mouthpiece) editorial on Hong Kong. It is tough-ish, but as various well-informed people have pointed out, not as tough as the infamous 26 April 1989 People’s Daily editorial that presaged the troops going in. As I said yesterday re. Xi Jingping’s national day speech (above, in Chinese), Beijing appears to be leaving a little wriggle room. But will it be a deal that wriggles through, or people with guns?

Hong Kong and the Emperor… and Tohti

September 25, 2014

A pleasant, somewhat lazy, couple of weeks <working> in Hong Kong and Shenzhen. Sitting on a surprisingly pleasant Shenzhen beach this week I watched the Hong Kong tycoon fraternity make its school trip to Beijing. Led by Head Boy Li Ka-shing, it was a full court press. Senior prefects Lee Shau-kee and Robert Kuok kept good order, while the dim but dependable Tung Chee-hwa explained his love of games and recited a short Ode to the Celestial Throne before the assembled Chinese leadership. A tremendous time was had by all, with the boys remarking that carpet and decor quality in the Great Hall is now almost as good as at home.

On the street of course, things are not quite so happy.

While the sixth form of St. Swag’s was up in Beijing learning how all is well in Hong Kong as is, school kids in the Special Administrative Region are boycotting classes this week to protest China’s gerrymandering of the 2017 election arrangements. If you haven’t followed it, the game is that everyone in Hong Kong will get a vote (as promised in the Basic Law), but Beijing will choose the candidates (<two or three>). It is actually a step back from the current arrangements which at least allowed the election of Henry Tang to Chief Executive to be blocked, replaced instead by the ineffectual but more brain-functional CY Leung.

Hong Kong, though it is rarely stated, is now just like Taiwan. The Taiwanese call it <Three Thirds>. In Taiwan, one third is Deep Blue (older, KMT, pro mainland integration). One third is Deep Green (younger, Democratic Progressive Party, pro independence). One third is in the middle.

So too, with only modest variation, in Hong Kong. There is no explicit pro independence camp but the generational gap is just the same. Hong Kong, like Taiwan, has entered its 1960s. And in the 1960s students on campus get beaten, and even shot if you remember, in their fight for what is right.

If you care at all, it is time to do whatever you can to prevent violence from arriving. You might write to the Chinese. But if you are a gweilo, that is likely counter-productive. Better to write to the American and British consuls in Hong Kong (emails below), and to the British and American governments, urging them to stand up for the spirit as well as the letter of the Basic Law, and to be ready to grant visas to Hong Kong students who will get arrest records, even criminal convictions, for peacefully protesting Beijing’s behaviour. It does make a difference if you have a moment.

Meanwhile, the Emperor. At the same time it is gently screwing Hong Kong, the Xi Jinping government’s decision to give a life sentence to, and seize all the assets of, the leading, non-separatist voice of Uighur nationalism, Ilham Tohti, is surely the most horrible, colonial, racist act we have seen from China for a very long time. Obama may have a lot on the Middle East, but he needs to draw some lines in the sand in East Asia. There are still plenty of rational voices in China, like there were in 1920s Japan. But the longer this stuff goes on, the harder, I think, the negotiating process becomes. I do not want to read this blog entry in 10 years time and find that some very unpleasant historical analogies going through my head were justified.

Well, enough of the misery. Tomorrow I return to Hong Kong for dinner with dear Hemlock. Back when CY Leung was elected, Hemlock had a hard-on for him, said he was going to change stuff. Not so much on the democratisation front, which would have to occur through a degree of managed confrontation, but in terms of the godfather economy and all those stitch-up oligopolies in real estate and retail and the securities markets. You gotta love Hemlock, even if he’s not as funny as he used to be. It is so heartening that after all these decades, the old boy could still be an ingenue (accent missing). It is so strange that it should turn out that I am the cynical one.

tycoons in beijing 0914

Above: Can’t get a bigger photo. Running anti-clockwise from Xi Jin-ping on the right, looks to me like Tung, K.S., Lee Shau-kee, Robert Kuok, Henry Cheng (son of Cheng Yu-tung, now decrepit), Lui, possibly Michael Kadoorie, and finally David Li of Bank of East Asia.

Saint Swag’s. September 2014 School trip to Beijing. 6th Form boys attending.

(Parents please note: the wearing of non-school uniform items such flat caps is strictly against school policy, including on school trips. Lui Senior (Cuthberts), who has already been in trouble this term for playing cards in dorm, has been fined a week’s tuck and given leaf sweeping for his transgression. This sort of thing will not be tolerated at St. Swag’s.)

Cheung Kong (Holdings) chairman Li Ka-shing

Chairman of Kerry Group, Robert Kuok

Chief executive officer of Shangri-La Asia, Kuok Khoon Chen

PCCW chairman and younger son of Li Ka-shing, Richard Li Tzar-kai

K Wah Group chairman and Galaxy Entertainment Group founder Lui Che-woo

Henderson Land Development chairman Lee Shau-kee and his elder son Peter Lee Ka-kit

Sun Hung Kai Properties Alternate Director Adam Kwok Kai-fai

Bank of East Asia chairman David Li Kwok-po

New World Development chairman Henry Cheng Kar-shun

CLP Holdings chairman Michael Kadoorie

Sino Land chairman Robert Ng Chee Siong

Harilela Group vice-chairman Gary Harilela

Hang Lung Properties chairman Ronnie Chan Chichung

Shui On Land chairman Vincent Lo Hong-sui

MGM China’s co-chairman and daughter of casino mogul Stanley Ho Hung-sun, Pansy Ho Chiu-king

Ian Fok Chun-wan, son of the late Henry Fok Ying-tung

Wharf (Holdings) chairman Peter Woo Kwong-ching

Asia Financial Holdings chairman Robin Chan Yau-hing

Li & Fung honorary chairman Victor Fung Kwok-king

Lai Sun Development chairman Peter Lam Kin-ngok,

Oriental Press Group former chairman Ma Ching-kwan

Glorious Sun Enterprises chairman Yeung Chun-kam

Phoenix Satellite Television chairman Liu Changle

Swire Pacific director Ian Shiu Sai-cheung

Shimao Property Holdings founder and chairman Hui Wing-mau

China Grand Forestry Resources Group founder Ng Leung-ho

Goldlion Holdings deputy chairman Ricky Tsang Chi-ming

Novel Enterprises vice-chairman Ronald Chao Kee-young

HKR International managing director Victor Cha Mou-zing

Hongkong and Shanghai Banking Corporation chief executive officer Peter Wong Tung-shun

Prof Anna Pao Sohmen, daughter of late tycoon Pao Yue-kong

Far East Consortium International chairman David Chiu Tat-cheong

Shun Hing Group vice-chairman David Mong Tak-yeung

Galaxy Entertainment Group deputy chairman Francis Lui Yiu-tung

Dah Sing Life Assurance Company chairman David Wong Shou-yeh

Far East Holdings International chairman Deacon Chiu’s son, Duncan Chiu

Bank of China International Holdings deputy chief executive officer Tse Yung-hoi

Sing Tao News Corporation chairman Charles Ho Tsu-kwok

More:

UK Consul General to write to about standing up for the Basic Law, granting visas, etc is Caroline Wilson. [email protected]

US Consul General to write to about standing up for the Basic Law (an agreement lodged with the United Nations), granting visas, etc is Clifford Hart. [email protected]

Why foreigners do have a dog in any Hong Kong fight. Re-posted NYT oped.

Op-ed about the Hong Kong situation by former Chinese political prisoners in the Wall Street Journal.

Video stream of Hong Kong student protests this week.

On why allowing everyone to vote but restricting the candidates isn’t democracy, Georgetown professor Don Clarke offers this nicely phrased US 3rd Circuit decision in a corporate voting case from 1985. Here’s the actual law library link (Durkin v National Bank of Olyphant). Of course what the Chinese are doing is just what British colonial governments did, but let’s not go there.

<We rest our holding as well on the common sense notion that the unadorned right to cast a ballot in a contest for office, a vehicle for participatory decisionmaking and the exercise of choice, is meaningless without the right to participate in selecting the contestants. As the nominating process circumscribes the range of the choice to be made, it is a fundamental and outcome-determinative step in the election of officeholders. To allow for voting while maintaining a closed candidate selection process thus renders the former an empty exercise. This is as true in the corporate suffrage contest as it is in civic elections, where federal law recognizes that access to the candidate selection process is a component of constitutionally-mandated voting rights.>

On Tohti:

Teng Biao writes in The Guardian that the guy sent down for life actually deserves the Nobel. Here is the background.

Nicholas Bequelin writes in the NYT that the treatment of Tohti will radicalise more Uighurs. This is your key piece of analysis.

English translation of Chang Ping article trying to find logic in the treatment of Ilham Tohti. See also the translated extracts from Tohti’s statement after sentencing, below.

Ilham Tohti’s statement after sentencing in Chinese. Here are some heart-rending extracts in English:

<My outcries are for our people and, even more, for the future of China.

Before entering prison, I kept worrying I wouldn’t be able to deal with the harshness inside. I worried I would betray my conscience, career, friends and family. I made it!

The upcoming life in prison is not something I’ve experienced, but it will nonetheless become our life and my experience. I don’t know how long my life can go on. I have courage; I will not be as fragile as that. If you hear news that I mutilated or killed myself, you can be certain it is made-up.

After seeing the judgment against me, contrary to what people may think, I now think I have a more important duty to bear.

Even though I have departed, I still live in anticipation of the sun and the future. I am convinced that China will become better, and that the constitutional rights of the Uighur people will, one day, be honored.

Peace is a heavenly gift to the Uighur and Han people. Only peace and good will can create a common interest.

I wear my shackles twenty-four hours a day, and was only allowed physical exercise for three hours out of eight months. My cell mates are eight sentenced Han prisoners. These are fairly harsh conditions. However, I count myself fortunate when I look at what has happened to my students and other Uighurs accused of separatist crimes. I had my own Han lawyer whom I appointed to defend me, and my family was allowed to attend my trial. I was able to say what I wanted to say. I hope that, through my case, rule of law in Xinjiang can improve, even if it is only a baby step.

After yesterday’s sentencing, I slept better than I ever did in the eight months (of my detention.) I never realized I had this in me. The only thing is don’t tell my old mother what happened. Tell my family to tell her that it’s only a five-year sentence. Last night, in the cell next door Parhat [student of Tohti’s] slammed himself against the door and cried out loud. I heard the sound of shackles, nonstop, as they were taken to interrogations. Maybe my students have been sentenced too.

(To his wife): My love, for the sake of our children, please be strong and don’t cry! In a future not too far away, we will be in each other’s arms once more. Take care of yourself! Love, Ilham.>

Only in Chinese on Hong Kong:

Wen Wei Po, Beijing mouthpiece in Hong Kong, says that Hong Kong student organiser Joshua Wong has received training from <black hands> in the US navy. I understand there is lots of this stuff doing the rounds in the official press.

Update, 29 September:

Well, it’s game on after a weekend of student-led confrontations with the police. Parts of HK island (Admiralty, Causeway Bay) are at a standstill, but Central still functioning. Speculation that Xi Jinping is going to can CY Leung, try to buy off the student leaders with small gestures. A talk-first strategy worked well with both Tiananmen in 1989 and more recently with the Falunggong protests in Beijing. But once you have lulled protesters into a false sense of security in HK, it is not so easy to send in secret police to round up the organisers, let alone send in troops. This is a whole new ball game for the CPC…

Here are the early instructions from the Propaganda Dept to mainland media outlets about handling information on the Hong Kong protests, courtesy of China Digital Times:

<All websites must immediately clear away information about Hong Kong students violently assaulting the government and about “Occupy Central”. Promptly report any issues. Strictly manage interactive channels, and resolutely delete harmful information. This [directive] must be followed precisely. (September 28, 2014)

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At the end of this SCMP story on the protests is a 9-minute embedded video interview with student leader Joshua Wong (you will have to do some kind of registration to access this). It is well worth watching. Not only Beijing, but the HK tycoons, have a very serious young man on their hands.

28 September 2014

28 September 2014

HK 280914b

28 September 2014

28 September 2014

Cordon created by police around Tamar/Admiralty, keeping protests out of central for now. 28 September

Cordon created by police around Tamar/Admiralty, keeping protests out of central for now. 28 September

 

Snowden 2

July 12, 2013

Snowden Manning yes we can Snowden red and blue

I am simply reposting the following from The Guardian in the UK because it is important. This is not something I will normally do. It appears that the White House petition to pardon Snowden is still active, and it now has 130,000 signatures. If you are an American (you need to be) I would urge you to sign this.

And here is the latest from Snowden about how the NSA, CIA, FBI is scooping up your Microsoft Outlook, Skype, etc communications with the active cooperation of the software firms. I reiterate my suggestion to try DuckDuckGo as a search alternative to Google.

The Guardian’s excellent live coverage is here. This will also link you through to a live Russian TV feed from Moscow airport if you are reading this soon after I wrote it.

Mr Obama, you are starting to get yourself on the wrong side of history.

More:

Here, via The Guardian’s live coverage from Moscow, is the quote from Snowden today that I like:

<Snowden is saying he wants to remain in Russia and travel, and he wants international organisations to petition the US and EU not to interfere with that.

Referring to Putin’s condition that he can only stay if he stops harming the US, Snowden apparently has said: “No actions I take or plan are meant to harm the US … I want the US to succeed.”

[Snowden] seems to be saying that the only way he can guarantee his safety where he is now, before he heads to Latin America, is to gain temporary asylum in Russia… Ellen Barry of the New York Times reports that Tanya Lokshina of Human Rights Watch, who is in the meeting, says Snowden has said he has received offers from Venezuela, Russia, Bolivia, Nicaragua, Ecuador. He thanks them. He says he accepts all offers, present and future. The offer from Venezuela has been made formally. He wants help in guaranteeing his safe passage to Latin America, she says. He will submit an asylum claim to Russia today, but he plans to go to Latin America eventually, she says.>

 

Edward Snowden: US officials are preventing me claiming asylum

NSA whistleblower calls meeting with Amnesty International and Human Rights Watch at Sheremetyevo airport

Jump to comments (576)

Sheremetyevo airport, Moscow

Passengers wait for their flights at Sheremetyevo airport: Edward Snowden has been stuck in the transit zone for over three weeks. Photograph: Ivan Sekretarev/AP

The NSA surveillance whistleblower Edward Snowden has said US officials are waging a campaign to prevent him from taking up asylum offers as he called a meeting in Moscow airport with human rightsgroups.

In a letter sent to groups including Human Rights Watch and Amnesty International, the former intelligence agency contractor claimed there was “an unlawful campaign by officials in the US government to deny my right to seek and enjoy … asylum under article 14 of the Universal Declaration of Human Rights” and invited them to meet him at 5pm local time.

“The scale of threatening behaviour is without precedent: never before in history have states conspired to force to the ground a sovereign president’s plane to effect a search for a political refugee,” he wrote to the groups.

“This dangerous escalation represents a threat not just to the dignity of Latin America or my own personal security, but to the basic right shared by every living person to live free from persecution.”

Reuters quoted an airport official as saying Snowden would meet the groups on Friday afternoon in the transit area of Sheremetyevo, where he has remained since flying to Russia from Hong Kong on 23 June.

The 30-year-old former NSA employee is trying to negotiate asylum elsewhere to avoid facing charges in the US, including espionage, for divulging details about US electronic surveillance programmes.

“I can confirm that such a meeting will take place,” an airport spokeswoman said.

Reuters said Amnesty and Transparency International had been invited to meet Snowden, with the former confirming it would attend.

Sergei Nikitin, the head of Amnesty International Russia, said: “Yes, I have received a brief email. It said that he would like to meet with a representative of a human rights organisation – there was not much information there. I’m planning to go.”

Tanya Lokshina of Human Rights Watch confirmed she had been invited to the meeting and posted Snowden’s letter on Facebook.

In the emailed letter – which Lokshina said she could not independently verify as coming from Snowden – the former intelligence worker said he had been “extremely fortunate to enjoy and accept many offers of support and asylum from brave countries around the world”. He added: “These nations have my gratitude, and I hope to travel to each of them to extend my personal thanks to their people and leaders. By refusing to compromise their principles in the face of intimidation, they have earned the respect of the world.

“Unfortunately, in recent weeks we have witnessed an unlawful campaign by officials in the US government to deny my right to seek and enjoy this asylum.”

The email ends with an invitation for rights groups to meet him at the airport at 5pm (2pm BST).

Snowden is still believed to be weighing up his options. Late on Thursday, Venezuela’s foreign minister said the country had yet to receive a formal response to its offer of asylum.

“We communicated last week. We made an offer and so far we haven’t received a reply,” Elias Jaua told Reuters during a regional foreign ministers’ meeting in Uruguay.

Venezuela is one of three countries to offer asylum to Snowden, along with Bolivia and Nicaragua.

In a separate email to Reuters, Snowden confirmed that the meeting with human rights groups would go ahead but said it would be closed to the press. He said he planned to speak to the media later.

The letter told the groups to bring identification and meet at 4.30pm at Sheremetyevo airport in Terminal F, “in the centre of the arrival hall [where] someone from airport staff will be waiting there to receive you with a sign labelled G9”.

Stallone, Johnny English, Q, the works

July 3, 2013

obama downcast Johnny English Cameron finger raised

Q Dr Evil

Excellent piece in The Guardian about Da Americun Armee’s efforts to prosecute Bradley Manning into non-existence and how Sly Stallone, or whoever their lawyer is, ain’t making the case so well. If the prosecution team needs a new job after this, they could fit right in in Italy.

Meanwhile the Ecuadoreans claim to have found a bug in the London embassy where Julian Assange has been living for almost a year. Brave Dave Cameroon, we are told, does not comment on security matters, because if he did he might have to admit to being a bit of a tosser. The Ecuadorean Foreign Minister put it more diplomatically: ‘We are sorry to say so, but this is another instance of a loss of ethics at the international level in relations between governments.’

And Evo Morales was ‘kidnapped by imperialism‘ cos they thought he was giving Snowden a lift to La Paz.

Who needs Ian Fleming books, or Mike Myers or Johnny English movies, with all this going on?

BTW, have they managed to catch the guy below yet?

 

 

Later:

Philip Stephens in the FT (sub needed) has a sensible opinion piece to offer. When the FT concludes ‘whatever his motives, Mr Snowden has done the rest of us a service’, I don’t exactly feel out on a limb. Meanwhile, what is the betting that tomorrow’s Economist will be to the right of the FT? Now there is a thing…

 

Snowden

June 19, 2013

This guy (below) from City University in Hong Kong knows what he is talking about, relates Snowden’s place in US society to the development of institutions in Hong Kong.

I’ll be in the US next week and look forward to asking various government people what they plan to do about the fact that James Clapper lied to congress. I am not clear why it is taking so long to prepare the warrant for his arrest. (Have a look at the Guardian on this,  and the Washington Post.)

It’s pretty clear what Obama needs to do: pardon Manning and Snowden and put Clapper in the can for six months to send a message to anyone else having Nixon-like ideas about how to run America. He don’t even need a cigarette on the roof of the White House to think this one through. Of course Obama should also send the message that any more leaks are likely to lead to decades of prison. The big cats on Iraq and cyber surveillance are probably already out of the bag.

What Snowden can teach the Occupy Central movement

Wednesday, 19 June, 2013, 12:00am
Comment›Insight & Opinion
Surya Deva
Surya Deva says civil disobedience has a rightful place in the democratic playbook, and Hong Kong’s Occupy Central movement can learn a thing or two from Snowden’s approach

Since Edward Snowden first broke cover in Hong Kong, many people have been puzzled about his choice of this city to take on the US government. Despite being wedded to the rule of law and having independent courts, Hong Kong is not a “safe haven” against extradition to the US by any means. Nor is the Hong Kong government known for treating asylum claims or refugees very humanely.

Snowden’s initial explanation that he chose Hong Kong because of its “strong tradition of free speech” also could not be the tipping point; there are many other jurisdictions with similar or even higher levels of protection of free speech.

If used properly, civil disobedience can achieve what judicial reviews and elections may not accomplish

So why Hong Kong? Was it to embarrass the US about its own human rights record? After all, human rights defenders – like the blind activist Chen Guangcheng – have looked to the US for protection from repressive and authoritarian regimes.

Snowden’s recent interview with the Post brings more clarity on his rationale for choosing Hong Kong. He said: “I am not here to hide from justice; I am here to reveal criminality.”

What Snowden is seeking to do resonates clearly with civil disobedience, and Hong Kong is not a bad place to practise this. The idea of civil disobedience has been popularised here of late by the Occupy Central proposal. Nevertheless, the debate in the media about its propriety has generally shown a lack of a clear understanding of this concept.

Over the years, many renowned thinkers and political activists – from Henry Thoreau to Mahatma Gandhi, Martin Luther King, John Rawls and Ronald Dworkin – have articulated the contours of civil disobedience or practised them. Although their ideas vary, in my view the following six key conditions should determine whether civil disobedience is a justified device in a democracy:

  • It must challenge an unjust action (a law, decision or policy) of the government. The action may be regarded as “unjust” with reference to a higher authority, such as one’s conscience, or furthering justice, human rights or any other core constitutional value.
  • The unjust action should be a matter of wider public interest, rather than affecting the interests of only a selected few. This condition will, in turn, imply a certain degree of public support.
  • Civil disobedience should be pursued with the objective of pressuring the government to change the unjust action.
  • Civil disobedience aimed at challenging an unjust action should be announced openly and publicly with advance notice.
  • It is vital that civil disobedience is peaceful and the people taking part are willing to bear all legal consequences of breaking what is perceived to be an unjust action.
  • Finally, civil disobedience should generally be employed as a last resort.

When considered within these boundaries, civil disobedience can strengthen the rule of law and constitutionalism, rather than being a threat to them. In fact, it is arguable that people in a democracy not only have a right but also a duty to resist unjust, albeit legal, measures taken by the government in certain circumstances.

I believe Snowden’s action and rationale fall within the above contours of civil disobedience. It appears that the National Security Agency has been exercising sweeping surveillance powers without many checks and balances. This, in turn, has unreasonably curtailed several human rights.

In view of the extraterritorial reach of the surveillance measures, the matter is of global public interest. Snowden’s disclosures are apparently driven by a desire to change the status quo rather than securing monetary benefits or cheap publicity. There can hardly be any doubt about the peaceful nature of his actions.

By declaring his identity and whereabouts, Snowden is willing to face the consequences of breaching US laws if a fair trial can be guaranteed. Nevertheless, it is legitimate for him to seek asylum under international law and/or contest before the local courts his extradition to the US to avoid persecution for political reasons.

It is true that Snowden did not give advance public notice of his disclosures. But is it reasonable to expect advance notice in such special circumstances? Perhaps not.

Could Snowden have tried something else first? It is unlikely he could have succeeded in exposing (and potentially changing) the surveillance system while remaining in the US or by complaining to higher authorities. The US courts have not proved to be a robust guardian of human rights amid the “war on terror”.

What could the Occupy Central organisers learn from Snowden? First, they need to identify more clearly the unjust action the proposed civil disobedience seeks to assail. They should also engage the public in diverse settings and without setting artificial limits on their participation.

On this front, too, Snowden played a master stroke by expressing his intention to rely not merely on the courts, but also on “people of Hong Kong to decide [his] fate”. Snowden is trying to secure what is necessary for successful civil disobedience: mass support for a public cause.

Moreover, the Occupy Central organisers should articulate exactly what it wants to achieve, how people would benefit and why the fears expressed by the pro-establishment camp are groundless. Apart from ensuring the peaceful nature of the movement, the organisers have to explain which other means they considered to achieve genuine universal suffrage before embarking on the Occupy Central path.

The civil disobedience discourse also has advice for governments. Dworkin, for example, argues that the government should show tolerance and act with caution. If there are prosecutions, Rawls contends that courts should take into account “the civilly disobedient nature” of the protest and reduce or suspend legal sanctions.

Chief Executive Leung Chun-ying has said Occupy Central is likely to be unlawful and non-peaceful. In other words, the government will not tolerate it.

It is time to recognise that civil disobedience, within well-defined boundaries, can play a constructive role in controlling power and furthering constitutional objectives. In fact, if used properly, it can achieve what judicial reviews and periodic elections may not accomplish.

How the Hong Kong government and its courts deal with any US extradition request for Snowden, and how they treat people participating in Occupy Central, will define not only the future of Hong Kong’s autonomy, but also its status as the bastion of freedoms and the rule of law within China.

Surya Deva is an associate professor of the school of law, City University of Hong Kong

More:

The only thing I have written about Manning.

Here is the best-known signature campaign to pardon Snowden. 85,000 signatures already. 15,000 more by July 9 and Obama will have to make some kind of formal response. I am not signing at this point because I think it ought to be 100,000 Americans who sign (Be helpful and post a comment if you know whether non-Americans can sign).

The manning signature campaign has been less well organised, less well-worded. Here it is.

Pilling frames the moral debate in the FT (sub needed).

Twenty-two years old

March 1, 2013

Bradley Manning was 22 years old when he was arrested. Today he entered his plea in military court after almost three years in US military detention. His long statement was read with composure and, at face value, reflects a person who stands by the logic of what he did.

Manning’s story is well-reported in The Guardian (and this is tangentially important). This 20-minute video is a useful introduction if you are not in a mood to read, but the idea that he was mad rather than rebellious does not stand up for me.

It remains for the USG to prove that Manning endangered national security. In the court of public opinion, I do not think this will be possible.

 

More:

One way to think about what Manning did, and the significance of it, is to watch this documentary about the US dirty war in Iraq. (It builds on a celebrated New York Times magazine cover story from 2005.)

The full Johnson, No.1

February 16, 2013

Who else but Ian Johnson to go see this character up a tower block in Chengdu. Want to feel better about your life? Find out how to send Huang Qi some money, and send some.

 

Ni hao, Kafka

August 18, 2011

Just before Europe blows, here are three things worth reading that go to China’s lack of institutional development.

 

A.

The first is the latest on blogger Wang Lihong, detained since March, and subject of Do something useful No.1. That post contains all kinds of links you can follow to learn more about and to support her case.

Wang’s ‘trial’ took place on 12 August and involved some nice touches. It was declared an open trial, but requests to attend were refused. The courtroom provided only five seats for observers. Two were filled with uniformed cops. Two were filled with goons. And one was taken by Wang’s brother. According to the lawyer, when Wang or her lawyer spoke, the judge interrupted, repeatedly. Two witnesses for the defence were detained en route to the trial by police, one in Beijing (and was then held in a illegal jail) and the other at an airport in Fujian province. Perhaps 20 Wang supporters were detained outside the courthouse…

The below is from From Chinese Human Rights Defenders.

Wang Lihong’s Trial Marred by Procedural Violations; At Least 20 Supporters Taken Away by Police 

The trial of human rights activist Wang Lihong (???) for “creating a disturbance” in Beijing on August 12 took just two-and-a-half hours and was beset by violations of the Criminal Procedure Law, according to one of her defense attorneys, Han Yicun (???). Hundreds of people—supporters, uniformed and plainclothes police, journalists, and diplomats—gathered outside the courthouse. At least 20 of Wang’s supporters, including a petitioner in a wheelchair, reportedly were taken away by police before the start of the trial. The presiding judge stated that the verdict would be announced at a later date.

After the trial, Han Yicun spoke in detail about how the proceedings were procedurally flawed. Han said that he was hindered in his defense arguments since prosecutors were given more time during extensive cross-examination of Wang and because he was frequently interrupted by the judge. He noted that Wang was unable to complete her final defense statement since the judge interrupted her many times as well. In his written defense statement arguing for Wang’s innocence, Han described the prosecution of Wang as political persecution rather than a legal proceeding, and argued for the necessity of judicial independence in China to ensure due process and the protection of citizens’ civil rights.

There was a large police presence outside the courthouse; one eyewitness counted approximately 20 police vehicles. Petitioners and other supporters chanted slogans or held signs in support of Wang, and some shared information about injustices they had experienced. Around the entrance, police cordoned off an area that included both officers and several foreign journalists, and a large number of national security officers and plainclothes police kept close watch over the large crowd.

Although the court had declared the trial open to the public, virtually all applications to attend the proceedings had been rejected, including from foreign diplomats as well as petitioners and activists from all around the country. Han noted after the proceedings that the courtroom was extremely small—with far too little space to accommodate the number of people who wished to observe the hearing—and that the court had essentially created the atmosphere of a “closed” trial. Only five seats in the courtroom were designated for observers, but two of them were occupied by uniformed police and two by plainclothes police; the other one was occupied by Wang’s son, Qi Jianxiang (???).

In the days and weeks leading up to the trial, Chinese authorities had warned potential witnesses not to testify and restricted the movement of several other individuals, most notably defendants from the “Fujian Three” netizens’ criminal defamation case from last year. (Wang’s trial for “creating a disturbance” stemmed from her participation in protests outside the sentencing hearing for these netizens in April 2010 in Fuzhou City, Fujian Province.) In the evening of August 11, Wu Huaying (???), after eluding Fujian authorities and making her way to Beijing, was seized by interceptors and then held at the Duxinyuan Guest House, a “black jail,” along with three other petitioners from Fujian. Also on August 11, national security officers in Fuzhou prevented another one of the “Fujian Three,” You Jingyou (???), from taking a flight to Beijing.

 

B.

John Kamm gets the full treatment visiting Dongguan Prison

 

 

 

 

 

 

 

 

 

 

 

 

Here’s a new piece from the blog of veteran China human rights campaigner John Kamm about Xu Zerong. Xu, a Harvard- and Oxford-trained academic specialist on the Korean war, was sent down for 13 years for ‘leaking state secrets’ in relation to his research. He thought various documents related to Chinese tactics in the 1950-3 conflict were legally in the public domain after 40 years. The People’s Liberation Army and the judge had different  ideas. Still, sounds from the Xu interview at the end like Kamm managed to get him into some of the more cushty Chinese prisons…

Xu Zerong: With American Attention … All Prisoners Benefit

In recent years, visits to Chinese prisons made by representatives of foreign governments and non-governmental organizations have been reduced to a trickle. This is due in part to the reduction of Sino-Western bilateral rights dialogues and the elimination of visits to custodial centers that these dialogues once fostered. Consular visits to individual prisoners aside, the International Center for Prison Studies visited prisons in Anhui and Hubei in March 2009; Dui Hua visited the Beijing Juvenile Detention Center in May 2010; and an international humanitarian organization visited two Chongqing prisons in the spring of 2011. No United Nations officials have been allowed into Chinese prisons since Manfred Nowak, the special rapporteur on torture, returned from a visit in late 2005 to condemn its palpable “climate of fear.”

Though dwindling, visits by foreigners to Chinese prisons play an important role in ensuring the humane treatment of prisoners. In a recent interview with Hong Kong’s Open Magazine, Xu Zerong discussed how he ended up serving 11 years in prison and how overseas intervention improved his life in custody.

In November 2002, Dui Hua Executive Director John Kamm visited Dongguan Prison in Guangdong Province. A few months later, Xu was transferred there to serve his sentence for “trafficking in state secrets.” The following is an excerpt from the Open Magazine interview detailing prison conditions and the impact of international concern on the treatment Xu received.

Writing Got Him Through the Prison Years

Cai Yongmei, Open Magazine, August 6, 2011

[Translated Excerpt]

??????????

Open Magazine: How was [Dongguan Prison] compared to Huadu [National Security Detention Center]*?

?????????????????????????????????????????????????????????????????????? ?????????????John Kamm??????????????????????????????????????????????????????????????

Xu Zerong: Much better. At Huadu I was held in a cell with just one or two people. [At Dongguan] each cell had 10 to 12 people, so there were people to talk to. Dongguan Prison is a model prison in Guangdong Province. Management is relatively civilized. This is also to the Americans’ credit. The Dui Hua Foundation’s John Kamm visited [Dongguan Prison] in November 1999 [sic] along with officials from the Ministry of Justice foreign affairs bureau; this was reported in the prison newspaper. With American attention, prison conditions improved, and all prisoners benefited.

???????????????

OM: Kamm remained very concerned about your case.

??????????????????????????????????????????????????????????????????????? ???????????????????????????????????????????????????????????????????????? ???????????????????????????????????????????????????????????????????????? ???????????????????????????????????????????????????????????????????????? ?????

XZR: Yes. In November of that year I was transferred from Dongguan Prison to Guangzhou Xicun Prison, which had even better conditions. I believe this was [due to] his help. Both the Guangzhou Xichuan [sic] and Dongguan prisons are considered Guangdong’s most civilized prisons. Because Guangdong’s prison administration bureau directly supervises Xicun [Prison], prisoners’ living conditions were even more civilized [there], and [mandatory] overtime labor was not as severe as in Dongguan. Because work hours were long in Dongguan, there was no time to write—I had to wake up in the middle of the night to write.

Xicun Prison has 15 cell blocks, one for Hong Kong people, one for Macanese and Taiwanese people, and one for foreigners, but there weren’t any Westerners. I was detained in the cell block for mainland Chinese. There were bathrooms in the cells. One Burmese said it felt nice, like staying in a guesthouse. In February 2005 I was even put together with weak and elderly** prisoners and waived from doing labor, giving me time to write. All of this was the result of Kamm’s negotiations with the authorities. He even sent me five books about things like US diplomacy and international relations. I also received a short letter from him.

????????????????????

OM: When you were in prison, were you aware of the support you had overseas?

??????????????????????????????????????????????????????????????????????? ???????????????????????????????????????????????????????????????????????? ??????????????????????????????????? ???????????????????????????????????????????????????????????

XZR: [My] lawyer told me that there were people overseas who were supporting me and signing a petition [on my behalf], and prisoners incarcerated afterward said they saw reports [on my case] on Hong Kong TV. The most surprising thing for me was when I was in Guangzhou Prison and received a card from Silicon Valley signed by eight people including someone named Zhou Fengsuo. The name sounded familiar so I looked in an official book on the June 4th incident, New China Review, and discovered that he was a student leader at Beijing’s Tiananmen. I was extremely moved.

I also received four Christmas cards sent from the United States by International PEN, which were unexpected. When your Independent Chinese PEN Center gave me an award, my niece told me and even gave the prison a photo of the trophy. All of this was of great encouragement to me, knowing that there are many people in this world who don’t think that I committed a crime. I am really very grateful to everyone.

*In the interview, Xu says Huadu National Security Detention Center was established in 1995 to house special operatives, political prisoners, and Guangzhou municipal officials ranking at or above deputy level. He said conditions at Huadu are better than at other detention centers, noting en suite air conditioners and televisions and good food.

**Prisoners age 55 and older are classified as elderly.

 

C.

Finally, an interview by the Quiet Canadian in the anorak. Pulitzer prize winning Ian Johnson interviews poet, book writer and serial reporter Liao Yiwu. Liao, currently in Berlin, is one of thousands of Chinese who are either explicitly or implicitly exiles (in his case the government has not actually torn his passport up). He says he’s saving his mum trips to prison bringing him food…

The interview is posted on the blog of the New York Review of Books.

‘I’m not interested in them; I wish they weren’t interested in me’: An Interview with Liao Yiwu

Amid the recent crackdown on dissidents by the Chinese government, the case of Liao Yiwu, the well-known poet and chronicler of contemporary China, is particularly interesting. For years, Liao’s work, which draws on extensive interviews with ordinary Chinese, has been banned by the authorities for its provocative revelations about everyday life. In early July, amid a worsening atmosphere for artists and intellectuals critical of the Chinese government, Liao fled to Germany via a small border crossing to Vietnam in Yunnan province.

Liao first came to prominence in 1989 when he recorded an extended stream-of-consciousness protest poem called “Massacre” about the Tiananmen Square crackdown. He was subsequently arrested and spent four years in prison, where he met the series of outcasts and misfits who became the protagonists of his first book on China’s underclass. Written in the form of questions and answers, these stories became symbolic vignettes about people from a range of offbeat and unusual professions or situations. Some of them were translated in The Paris Review in 2005, and they were collected and expanded in the 2008 book The Corpse Walker: Real Life Stories, China From the Bottom Up.

Now, one of Liao’s other three books, God is Red: The Secret Story of How Christianity Survived and Flourished in Communist China, is about to be published in the United States in September. It tells the story of Christian persecution in the early Communist era, mostly in minority areas of Yunnan province. He has also written a memoir of his four years in prison that has just been published in Germany to wide acclaim. His fourth book, on China’s new underclass, has yet to be published.

I recently spoke with Liao at Berlin’s Literaturhaus, where he easily blended in amid the tourists and would-be hipsters. His head clean-shaven, he appears younger than his 53 years, a short, powerful man who often lapsed into a thick, Sichuanese dialect. He talked about his decision to flee, his new book, and how he plans to continue his work from afar.

Ian Johnson: The Chinese newspaper Global Times said Liao Yiwu is not in exile. It said you’re just on holiday and that nowadays it’s not so strange for Chinese to go abroad for extended stays. They say your decision to go to Germany has to do with marketing your books. Are you really in exile?

Liao Yiwu: I never said I wanted to go into exile or flee. It’s just because if I didn’t my books wouldn’t get published. I guess I won’t go back for a while. I’m doing publicity for the prison book now, then I’ll go to the US for my Christianity book. Then Taiwan for the Chinese edition of the prison book. Then back to Germany, where I have a one-year DAAD fellowship in Berlin. So when that’s all over, I’ll see if they haven’t forgotten me.

What did the authorities tell you?

They said, “two books of yours can’t be published overseas.” One is the prison book. The other is the God book. They said both are unacceptable. So I talked with them and asked why. They asked me to sign a paper [promising not to publish]. They said these were “illegal cultural products.” They said these two books disclosed secrets.

Is political repression more severe than it has been in the past?

Yes, especially the first half of the year. Ahhh, I don’t know. I think it’s the government’s own problem. That call for a Jasmine Revolution. They took it so seriously but it was just something someone posted on the Internet. It didn’t exist, but after it was posted they came by all the time, asking and asking. No one had heard of it! They’re nervous.

My writing is illegal…I don’t know. I’m just writing something and now have broken their law. I don’t want to break their laws. I am not interested in them and wish they weren’t interested in me.

So why are they?

The prison book is pretty cruel. I was serving time in Chongqing. At one point they tortured me so much I smashed my head against the wall to try to kill myself. I passed out and then over the next few days the non-political prisoners came by and said, “Hey buddy, if you really want to kill yourself that’s a stupid way to do it. A better way is like this: you find a nail sticking out of the wall and smash your temple against it. It’s much more effective, believe us.” So this book is maybe more cruel than the others. The authorities said to me: “If you publish this book we’ll send you back to Chongqing.” There’s no way I’m going back there. That’s too terrifying. They said we don’t care about the Mao era. You can write about that. The 50s and 60s are okay.

But then the Christianity book should be okay. It’s mostly from that era.

Yes, but the religious question in China is so great that it’s also forbidden, especially the subject of Christianity. I didn’t consider this when I was writing it. Haha, if I had thought of that I wouldn’t have written it [laughs]. They say it’s illegal to publish it abroad. This is strange. It’s a secret if foreigners read it, but not if Chinese read it. So it’s a secret for Ian Johnson to read, but not for me [laughing].

Why did you write about Christians and not, say, Buddhists?

Me, I’m the kind of person who doesn’t have a definite plan. I had this opportunity to meet the Christians and it moved me so I did it.

How was it interviewing these Christians? You’re not a Christian, right?

It’s like this. I was in Yunnan trying to interview the last landlords of China, the ones who were persecuted in the early communist years. I met some people who told me about these Christians. I went to meet them. It was a really poor place. Unbelievably poor. No electricity, no roads, no telephone. We walked four or five hours to get to one village. But I thought this was so unbelievable. You’d get to a village and there’d be a church. Westerners had been there before, a century earlier, and built these churches. It was remarkable. They worked in these villages until 1949 when the Communists took over. The foreigners were expelled and a lot of the Christians killed. The stories are unbelievably cruel. In one case the father was executed and left on the side of the road. The family wasn’t allowed to pick up the corpse. When I heard this I cried.

What will you do in Germany? Your sources of information, your interviews—it’s all back in China.

There are too many stories about China! People say, “you won’t have anything to write about here,” but the problem is I can’t write them all. There are too many.

How do you work? Did you record the interviews?

In some of the other books, no. But in this case God is Red) I did. But when I write down their answers I try to make it sound as good as possible. I’m a writer so I want to use all my skill to write their stories.

How about the prison book? How did you remember all that?

I had a copy of [the classic Chinese novel] Romance of the Three Kingdoms and made tiny notes that I put in the book. It was really difficult, but in this way I was able to recover a lot of memories. These books are different. God is Red was difficult because I had to walk a lot of roads and eat a lot of bitterness, but I was glad to be able to write it. They were moving stories. But the prison book was difficult to write. It was painful.

And the fourth book is finished?

Yes, on the new underclass: some of them are unemployed, others simply don’t fit into society. But I’ve got more. I have seven or eight books I can write. I have a lot of material on me. I don’t lack material.

But from now on you can’t interview anyone, since you no longer live in China.

I’m already 53 years old. I’ve lived through a lot. The 1980s were a golden age for Chinese thought and literature. Then came 1989. Then came the reforms and the economic growth. No one thought the Communists would be so tough and strong. It’s caused all these waves of immigration. After they took over there was a big wave of immigration as people fled. Then after 1989 there was another wave of about 100,000 who left. Now there’s a new wave of people leaving, even though the economy is so good. At least among many artistic people it’s like this. You can’t do anything meaningful in China. If you return you have three choices: flee, sit in prison or shut up. I had to flee. Liu Xiaobo and Ai Weiwei weren’t able to flee but I was. It’s probably because I interviewed a lot of these underclass people so I understand how the police think. That allowed me to figure a way out. I have contacts in the underground.

Can you get used to living abroad? You don’t speak German or English.

Sure, communication is never a problem. I like Berlin. East Berlin has a lot of underground bars that remind me of China. There’s one street there with a lot of prostitutes. I’ve been there many times to observe and watch how different German prostitutes are from Chinese prostitutes. The Germans are more polite. If you don’t want to, they leave you alone. In China, several will fight over you.

Some people ask why you publish so much overseas.

I’d like to publish in China but since 2001 I haven’t been able to. In the 1990s it was difficult but then after 2001 nothing at all. There is a lot of illegal, underground publishing. Most is related to sex. A friend told me I’ve got some good news for you: your book on the underclass is competing with the sex books! That was funny. But the two books coming this year are the ones I most value. They are the most personal and have moved me the most.

Do you still have relatives back home?

Yes, my mother, brother and sister.

Did you tell them ahead of time that you were leaving?

No, you cannot. I was the only one who knew.

Can they understand?

[Sighs] Slowly they’ll understand. For example, if I’m arrested they have to deliver food to me in prison—it’s a burden for them [laughing]. All those trips to the prison [laughs]. I’ve spared them those trips …

Does your mother understand what you do, your writing?

She does, but she wishes I wasn’t mixed up in politics. But I’m not. I’m not interested in politics. I’m not like Liu Xiaobo. I didn’t write a Charter 08. I did sign it. The police asked me why I signed it and I said I don’t know, I just felt like it.

You seem to have a knack for finding sensitive issues.

Yeah, I don’t know. I don’t really mean to but somehow it happens.

August 15, 2011 11:15 a.m.

What they teach you in school these days

August 11, 2011

(Do something useful No.2)

Bloomberg has a great story today about academics from some of the leading US universities being banned for political reasons from China and their universities doing nothing, or less than nothing, about it.

If you are a student or graduate of one of these esteemed schools, you might like to write a letter to the top lady or gentleman of the institution, telling them how impressed you are.

If not, or in addition, send this on to someone connected with one of these institutions.

 

Lest I be accused of being unfair to China, here are a couple of links to a well-known cases of the US beating up on academics. 

Tariq Ramadan was banned from taking up a professorship at Notre Dame (Michigan) in the US by the Baby Bush administration.

Adam Habib was deported from the US upon arrival for alleged ‘links to terrorism’.

In the more distant past, writers including Graham Greene, Gabriel Garcia Marquez, Pablo Neruda, and Doris Lessing were banned from America for their political views. Sill, there is no real moral equivalence (I believe) with China, from where thousands of Chinese people have now been exiled because of their beliefs.

Here is an article about Hong Kong and Macau ignoring their mandates to operate different ‘systems’ to PRC and policing academics in a similar way.