Hong Kong attempts sham elections

A lot of people confuse Hong Kong’s political system with that of China’s, assuming that Hong Kong is just another reclusive, facebook-less, Chinese city. Indeed, we like to think of ourselves as otherwise, but at the current rate, Hong Kong might just well turn into just another undemocratic Chinese city. I’m referring to of course, the HK Government’s new plans to scrap Legislative Council by-elections and replace them with some odd system whereby the next-best-placed candidate in the original elections would automatically be offered empty seats, thereby doing away with the need to hold by-elections.

The Government hasn’t even attempted to think of an illogical excuse for this move, happily admitting that such a move is in response to the so called ‘de-facto referendum’ triggered in January last year after five Civic Party and League of Social Democrats lawmakers resigned. At the time, most other main political parties did not put up candidates, and all five were voted back into office. The turnout was just 17.1 per cent and the government said the by-election, which cost HK$126 million, had been unnecessary, thus warranting it’s newest proposal.

Legco By-elections – A comprehensive rebuttal

A well written article in the SCMP from 7 June 2011 that effectively destroys the government’s logic for changing the legco by-election rules.

Baffled by an empty seat

The government’s proposals for new ways of conducting by-elections are ill-considered and may well lead to more confusion, say analysts

The government’s controversial proposal to fill midterm vacancies in the Legislative Council by installing the next-best-placed candidate would serve the intended purpose: preventing lawmakers from claiming a by-election to be a referendum.

But it may lead to some unintended consequences, and even tricky scenarios that officials may not have thought through.

The proposal arose because, in January last year, five Civic Party and League of Social Democrats lawmakers resigned, triggering a by-election they hoped would be a de facto referendum on political reform. But the other main political parties did not put up candidates, and all five were voted back into office last May. Turnout was just 17.1 per cent and the government said the by-election, which cost HK$126 million, had been unnecessary.

Nevertheless, the government’s proposed solution is causing even some allied lawmakers to baulk.

Sued by my own parents

Taking care of parents has long been a ‘moral’ responsibility above anything else. It’s not something that one usually attributes a legal commitment towards. However, in the land of the dragon, it may soon be the case that your elderly parent has the legal right to sue you for not visiting them often enough.

According to an SCMP article, a draft amendment of the 1996 ‘Law on Protection of the Rights and Interests of the Elderly’ is reported to include such a provision. It should be noted that this provision is not yet in effect nor indeed guaranteed to become law at any point in the future. SCMP goes on to say

The revision would for the first time provide a legal framework for the elderly to sue their children for failing to visit them, Wu Ming , deputy department head in the Ministry of Civil Affairs, said yesterday.

The Legal Evening News quoted Wu as saying the amendment would contain a new provision on spiritual support for the elderly in which “family members should not ignore and isolate the elderly, and they should come often to visit the elderly if they do not live under the same roof”.

While I understand the concept behind such a law, I fail to see how it will have any practical benefit. Indeed, if a child fails to visit their parents regularly, suing them is unlikely to make them any more willing. Quite the contrary, it would appear that someone being sued would bear resentment towards their parents. Even if they are forced to cover their parents cost of living, they are unlikely to have a sudden change of heart and visit their parents regularly out of love. If anything, it becomes just another mundane legal duty rather than a moral one.

The law might have good intentions, but it isn’t likely to improve anything.

A wise owl: Judge Wesley E. Brown (Age – 103)

When I first read the title of this New York Time feature, I couldn’t believe what it was that I was reading. An federal judge in the US, still in court and hearing cases at the ripe age of 103. He even pokes fun at his own age by saying “At this age, I’m not even buying green bananas.” He needs an oxygen tube during hearings and even reminds lawyers that he might not live to see the cases completed. And yet, day in day out, Judge Brown remains in court as a federal judge. Indeed, if he survives, he will be the oldest practicing federal judge in the history of the United States in less than a year.

His dedication and persistance is stunning. It really shows that when you do something meaningful and something that you love, you’ll eventually do it for as long as you can. That love and committment to something you believe in is a valuable lesson we can all learn from Judge Brown.

Chinese to film Interrogations

China has recently announced it will start the practice of filming interrogations. Sadly, this will occur on the smallest of scales. Only 5 Beijing prisons will have such recordings although the prison bureau was smart enough to prohibit police for interrogating or conversing with prisoners in areas not covered by surveillance cameras.

It was aid to be aimed at ‘deterring illegal treatment of prisoners as well as attempts by prisoners to frame police’. Given China’s historical record, I suspect it will be used for the later rather than the former. Indeed, given China’s record, you might suspect that this new rule might not even be followed.

Nevertheless, the fact that this new practice has been introduced is a good step, an indication that at least officially, the government agrees interrogations should not be violent. Lets now hope that it works; at the end of the day, changes have to come from within not from the outside.

Top Posts of the Year: 2009

It’s been a relatively short year for this blog, but it has nevertheless been a fruitful one with nearly 40 posts in a short 2 months period. Here’s a round up of the top posts of 2009.

1. IB Results

SIS had its first batch of IB students completing their exams and the results of this was released sparsely with only certain staff members insisting that they were wonderful. However, in an ironic twist, the school carefully choose to exclude a number of important statistics of comparison.

2. Principal Interviews

With the announcement that Mr. Wray was due to go to another school, the process of selecting a new principal began. Ultimately, Mr. Graham Silverthorne was selected. You can read his bio here.

Work Experience: Part 4

A lifetime’s road traversed in a week

At first, I detailed my first thoughts on Work Experience at Weir & Associates.
I then gave my view and opinion on the many things I observed in court. There were customs, interesting layout and a clear hierarchy within the courtroom. I also considered some of the etiquette involved within the legal world.

Work Experience: Part 3

A lifetime’s road traversed in a week

At first, I detailed my first thoughts on Work Experience at Weir & Associates.
Last time, I discussed my experience of attending a hearing in the District Court of Hong Kong.

This time, I consider other areas of life inside the court-room.

Work Experience: Part 2

A lifetime’s road traversed in a week

Last time, I detailed my first thoughts on Work Experience at Weir & Associates.

Court, a mystical, special, powerful venue that not many people had the chance to see. At least thats what I thought. Courts seemed to be a strange place, so common in life given the thousands of cases heard each year, and yet so secretive and unknown to society at large.

I was truly taken by surprise when the law firm partner told me I would have the chance to go and attend a court session. Although I can’t disclose any details about the case which would be a breach of trust, I can say that it wasn’t a criminal trial. I jumped at the chance to read the previously forbidden case files. The large folders were filled with transcripts, drafts, and records of everything that was said and done.

Work Experience: Part 1

A lifetime’s road traversed in a week

We all hear, think of and excessively use to our advantage the phrase “Time Flies”. It’s a simple statement, but as I found out, surprisingly true.

I spent last week, from the 18th October 2009 to 23rd October 2009, at Work Experience in Weir & Associates, a law firm in the heart of Central, Hong Kong. It constituted five days of eye opening learning and discovery into the legal industry.

Prior to the week, I was in a peaceful state of mind. I had few expectations and fully assumed I would be given a load of administrative paper work and filing to use up the five days. It wasn’t demeaning in any ways, located in a law firm, it was really the only non-confidential, simple, week long task that didn’t require prior knowledge of legal matters, never-mind that I had dipped myself into law previously.