Hong-Kong Protests

B

B.I.B.

Captain
Just4Fun said:
Unfortunately, your understanding is wrong.

HK gov't is a local gov't inside the political framework of the PRC. Its power comes from the authorization of the central gov't through the Basic Law of HK. The central gov't holds the power to interpreter the Basic Law of HK, and it can revoke / strip HK gov't's power, partially or totally, whenever it feels fit. This is what Chinese sovereignty over HK means.
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Hmmm interesting
I thought, to do that, China would have to declare a state of emergency and by doing so, would probably shatter taith in the 'one country two systems'otherwise it would be at the request of the HK government which I think would be its preference.
Thats how Western newsprint present China's options anywayand you have to admit that they are so much better in selling their viewpoint to the world.
 
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Jura The idiot

Jura The idiot

General
Yesterday at 8:46 PM
Jura said:
Today at 8:53 AM
and here's what Glob. Times had to say:
Hong Kong High Court’s ruling disappointing
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me wondering if "judges ... acting as umbrellas" was used as a some form of humor
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now this is significant, I think (it provides another legal interpretation, to the extent I understand while drinking my early morning coffee):
NPC spokesperson expresses deep concern over HK court ruling
Xinhua| 2019-11-19 11:10:17
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The Legislative Affairs Commission of the Standing Committee of the National People's Congress (NPC) expressed deep concern over Hong Kong's High Court ruling related to the Emergency Regulations Ordinance, a spokesperson said Tuesday.

The Court of First Instance of the High Court of the Hong Kong Special Administrative Region (HKSAR) ruled on Monday that some provisions of the ordinance were incompatible with the Basic Law of the HKSAR and therefore were invalid.

"Some NPC deputies have voiced strong dissatisfaction with this," said Zang Tiewei, a spokesperson for the Legislative Affairs Commission of the NPC Standing Committee.

"The Constitution and the Basic Law together form the constitutional basis of the special administrative region," the spokesperson said.

"Whether a law of the HKSAR is in conformity with the Basic Law of the HKSAR can only be judged and decided by the NPC Standing Committee, and no other organ has the right to judge or decide," the spokesperson said.

In accordance with Article 8 of the Basic Law of the HKSAR, the laws previously in force in Hong Kong, including the Emergency Regulations Ordinance, shall be maintained except for those that contravene the Basic Law of the HKSAR or that have been amended by the legislative body of the HKSAR, the spokesperson noted.

As per the decision on handling the laws previously in force in Hong Kong in accordance with Article 160 of the Basic Law of HKSAR, which was made by the NPC Standing Committee on Feb. 23, 1997, the Emergency Regulations Ordinance was adopted as the law of the HKSAR, the spokesperson said.

"Therefore, the ordinance is consistent with the Basic Law," the spokesperson said.

"The ruling of the Court of First Instance of the High Court of the HKSAR has seriously undermined the legitimate power of the Chief Executive and the Government of the HKSAR to govern in accordance with laws, and is inconsistent with the Basic Law of the HKSAR and the relevant decisions of the NPC Standing Committee," the spokesperson said.

"We are studying relevant opinions and suggestions from some NPC deputies," the spokesperson said.
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Jura The idiot

Jura The idiot

General
25 minutes ago
Jura said:
Yesterday at 8:46 PM
now this is significant, I think (it provides another legal interpretation, to the extent I understand while drinking my early morning coffee):
NPC spokesperson expresses deep concern over HK court ruling
Xinhua| 2019-11-19 11:10:17
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... and now got to Glob. Times:
China's top legislature slams HK court ruling; remarks seen as 'fundamental denial' to HK court's decision on issues of constitutionality
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plus, inside Are Hong Kong’s courts protecting rioters?
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, they claim
"The concept of Hong Kong's rule of law is broken."
 
Jura The idiot

Jura The idiot

General
Today at 8:18 AM
Jura said:
Yesterday at 8:46 PM
now this is significant, I think (it provides another legal interpretation, to the extent I understand while drinking my early morning coffee):
NPC spokesperson expresses deep concern over HK court ruling
Xinhua| 2019-11-19 11:10:17
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Click to expand...
discussed in
No other authority has right to make judgments: China slams Hong Kong court’s ruling on anti-mask law as unconstitutional
  • China’s top legislative affairs body says only Beijing has right to decide on issues of constitutionality after High Court rules mask ban contravenes Basic Law
  • Analysts say Beijing is likely to intervene, with one adding it is expected to ‘act very soon’
follow the link
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if interested, I don't know what to add except I drink my after-dinner coffee (the article is full of legalese)


speaking of legal issues, now I see
Pro-democracy activist Joshua Wong banned by Hong Kong court from travelling to London to receive human rights award from British parliament
  • Judge cites heightened risk of absconding, with Wong facing incitement charge
  • Party Demosisto slams decision, saying court is bowing to pressure from Beijing
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T

taxiya

Brigadier
Registered Member
B.I.B. said:
It's my understanding that China can step into the HK mess only if requested to by the govt of HK.I cant see such a request coming from a Pan Democracy coalition govt.
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That is how the west wanted everyone to think.
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3. Relationship between the Hong Kong Garrison and the HKSAR Government

3.1 The Hong Kong Garrison and the HKSAR Government each has its own independent organization structure, and they are not subordinate to each other. In accordance with Article 14 of the Basic Law and Article 9 of the Garrison Law, the Garrison shall not interfere in the local affairs of Hong Kong. Nevertheless, the Garrison can perform the following duties in Hong Kong under the initiatives of the HKSAR Government or the Central Government:

(a) the HKSAR Government may, when necessary, ask the Central Government for assistance from the Garrison in the maintenance of public order and in disaster relief[11]; and
(b) the Garrison shall perform its duties in accordance with the provisions of the national laws that the Central Government decides to apply in Hong Kong in the event that the Standing Committee of the National People's Congress decides to declare a state of war or, by reason of turmoil within Hong Kong which endangers national unity or security and is beyond the control of the HKSAR Government, decides that Hong Kong is in a state of emergency.
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This chapter 3 is only about PLA Garrison, but the bold texts in sub-chapter (b) basically made it clear that Central Government can apply any national law in Hong Kong as it sees fit without breaking the "one country two systems" arrangement.

Also, if the central government wanted to intervene, Hong Kong chief executive WILL initiate the "ask" in sub chapter (a) because he/she is appointed by central government, not elected by Hong Kong legislative council which only propose/nominate. To be bluntly clear, the chief executive is the governor sent from Beijing to rule Hong Kong, not whom the west and some Hong Kong people want to imagine.
 
T

taxiya

Brigadier
Registered Member
It is a good thing that the Hong Kong high court "ruled" against the "mask ban".

Firstly, it has broken the basic law and the constitution, there is nothing better than this to be the reason for NPC to expel any such law-breaking judges.

Secondly and more importantly, NPC can use this as the reason to impose regulations regarding qualifications of Judges in Hong Kong legal system, from the High Court all the way to the district court, and plus the court of final appeal.
 
Gatekeeper

Gatekeeper

Brigadier
Registered Member
Rejoyce guys! Just heard on CGTN the thugs is surrounded with no way out!

I know some of us here, me include thinks HK Police dropped the ball by no going in the Chinese university earlier, and as the consequence the thugs left the Chinese university all wrecked, and re-group at the polytechnic university, which is situated within blocking distance of the important cross chanel tunnel.

Now with hindsight, it was a great move by the HK police. As I've mentioned that the Chinese university sit in the middle of nowhere, and its very porous. Whereas tge polytechnic university though in the city centre, its access is easily blocked off.

Now, with most of thugs arrested, with just a few die-hard still inside. Even the "voluntary medic" just announced they are leaving to the press (all bar one in face maked)! Lol. The only thing is the HK police announced no one is to leave except through them so they can check legitimacy of those leaving! Quite right too, as we all know, the thugs have always masquerading as "press and medics"!

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Thus video showed some trying to get out by "surrender", and expect non-checking in return, the police wont have any of it! Yes!

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Police give warnings of locked down!

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The great escape

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