Press freedom is the bedrock of a functioning democracy.
I stand in Solidarity with @malaysiakini .
I had the privilege to serve as a columnist for them when i was still studying in University.
Prior to GE14, when i was a newbie in politics, journalists from MalaysiaKini always came to cover my events & PCs. They were critical of boths sides but always provided a "microphone" to all, to broadcast issues & concerns.
When i was part of government, i remember many colleagues & supporters condemning MalaysiaKini for giving so much coverage to racial demagogues & "Bossku".
Reality is, The press was just doing their job.
They're meant to be critical of those in power. They're meant to ask the hardest of questions no matter who you are & where you come from.
I remember when some wanted action to be taken against Utusan & SinChew, i visisted their respective HQs to get to know the teams better & to know where they were coming from.
Often, they were right & we were wrong. Arrogance will get us no where in building our beloved Malaysia.
I personally have donated RM1000 to help their good cause & hope that others will do the same.
As a law abiding Malaysian, i respect the decision of the judiciary. As a Member of Parliament, i'll find legislative ways of ensuring that Press Freedom will be preserved. As a Malaysian, The least i can do is to reduce the financial burden faced by my media friends at MalaysiaKini.
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My recent article😎😎😎
我最新的評論文章💪💪💪
Opinion | A misleading slogan by the opposition camp: political prosecution HK
Current2小時前
By Athena Kung
LegCo members Lam Cheuk-ting (hereinafter referred to as "Lam") and Ted Hui Chi-fung (hereinafter referred to as "Hui") were arrested at their residence respectively in the morning on 26th of August 2020. In the afternoon on 27th of August 2020, they were brought before Magistrate Peter Law Esq. sitting in West Kowloon Magistrates' Courts. Both of them faced a count of attempting to perverting the course of justice. Lam was also charged of 1 count of riot. Hui further faced 2 more charges, including criminal damage and access to computer with criminal or dishonest intent. Their bail application was objected by prosecution. After all, the court granted bail to both Lam and Hui. Their cases were adjourned for mention.
Shortly after being released by the court, Lam and Hui strongly criticized the arrest and prosecution and described it as a "public prosecution". All along, whenever any members of the opposition camp have been arrested and prosecuted, then their whole group with the local and foreign media supporting them would together accuse the HKSAR Government of making a political prosecution with an aim to suppress the dissidents. They would also try their best to condemn the HKSAR Government's such act as being a violation of the Sino-British Joint Statement and Hong Kong Basic Law. From time to time, they further attack the Government's such acts as suppressing their freedom of speech.
It appears that whenever the opposition camp alleges the Government conducts a political prosecution, all they mean is that the Government is making use of the political reasons to arrest or prosecute them. Recently, the term "political prosecution" has been the slogan made use of by the opposition camp frequently for the purpose of smearing the Hong Kong Police, Department of Justice, the Judiciary as well as the whole HKSAR Government. The motive behind is to provoke the public's hatred towards the HKSAR Government and even the Central Government, which has been a very important step in the Colour Revolutions instigated by the US Government all over the world.
Everyone is equal before the law. Even the LegCo Members must comply with all the laws in Hong Kong. No doubt, according to the Legislative Council (Powers and Privileges) Ordinance, Cap 382, Laws of Hong Kong (hereinafter referred to as "the Ordinance"), the privileges and immunities to be enjoyed by the LegCo Members include:
(1) Freedom of speech and debate "in the Council or proceedings before a committee" under Section 3 of the Ordinance.
(2) Immunity from legal proceedings, namely no civil or criminal proceedings shall be instituted against any member for "words spoken before, or written in a report to, the Council or a Committee, or by reason of any matter brought by him therein by petition, Bill, resolution, motion or otherwise" under Section 4 of the Ordinance.
(3) Freedom to arrest under Section 5 of the Ordinance, including:
(a) No member shall be liable to arrest for any civil debt whilst going to, attending at or returning from a sitting of the Council or a committee;
(b) No member shall be liable to arrest for any criminal offence whilst attending at a sitting of the Council or a Committee.
In short, the privilege, immunity and freedom of speech and debate can only been exercised by the LegCo Members when they are performing their duties in making speech and debate in the Council or during the committee proceedings. The charges faced by Lam and Hui occurred in Yuen Long MTR Station on 21st of July 2019 or outside Tuen Mun Police Station on 6th of July 2019 respectively. Clearly, on both days, Lam and Hui were not performing their duties in the Council or before any Committee. On 26th of August, they were arrested at their home, but not during their attending at or returning from the Council or any Committee. Obviously, the LegCo Members from the Opposition Camp often exaggerate their privilege, immunity and freedom of speech to mislead the public.
Outside the Council and Committees, all LegCo Members must obey to all the laws in Hong Kong. Being the lawmakers who play a significant role in discussing and passing the Bills in the Legislative Council, as expected by the society, they have to behave themselves properly and setting up as good models for the public to follow and imitate, particularly for those youngsters who are immature. Their keeping on showing no respect at all towards the law and order is step by step ruining Hong Kong's rule of law, which has been the cornerstone of the success gained by the Pearl of the Oriental.
The Opposition Camp often alleges that the HKSAR Government has violated the Sino-British Joint Statement and the Hong Kong Basic Law. However, never have they pointed out which part of the 2 documents have been breached by the HKSAR Government. Obviously, such condemn is slogan as well without any concrete support at all, aiming at spreading the hatred towards the Government in the society.
So long as the Opposition Camp is of the view that any prosecution has insufficient basis to support the charge, all they should do is to face the trial bravely instead of keeping on criticizing the Government wrongfully from time to time. In court, they may have the right to deny the charges against them. The burden of proof lies on the prosecution whereas the standard of proof is beyond reasonable doubt. Defence discharges of no burden of proof at all. All defendants in criminal cases are presumed to be innocent. Prosecution had the duty to produce evidence to prove all elements of the charges they are facing. They also have the right to have their legal representation, call their own witnesses and decide whether to give evidence during the court process. Even if they are convicted after trial, they still have the right to appeal against the conviction and/or the sentence.
The author is Barrister-at-law.
The views don't necessarily reflect those of Orange News.
責任編輯:CK Li
編輯:Whon
member of the judiciary 在 喜劇演員 Facebook 的最佳解答
【🧨攬炒關鍵時刻 🇪🇺🇬🇧🇨🇭港人聯署向歐洲領袖發聲!】
#國際戰線 在歐盟成員國的外長召開會議前夕,張崑陽 Sunny Cheung、羅冠聰 Nathan Law和我發起全球聯署,拜托各位參與其中,一同呼籲歐洲各國元首反對《港版國安法》:http://chng.it/hhDSLC5vn8
【🧨攬炒關鍵時刻 🇪🇺🇬🇧🇨🇭港人聯署向歐洲領袖發聲!】
PETITION: Make Hongkongers' voices heard in Europe!
#IfHKBurnsChinaBurnsWithUs
既然美國已經宣布再不認證香港特殊地位,我們是時候呼籲其他國家共同抵制極權,形成天下包圍網。我現在聯同 黃之鋒 Joshua Wong 和 羅冠聰 Nathan Law,發起全球聯署,向歐盟、英國以及其他非歐盟歐洲國家領袖陳詞,說明中共強立國安法的嚴重影響,呼籲各國政府反制中共,與香港人站在自由的一方。攬炒到了關鍵時刻,香港需要各位,將香港人決一死戰的意志,呈現給國際社會!
Hongkongers must speak up and make our voices heard in Europe. We must call for help from European countries to strike back against China's push on Hong Kong's freedom and autonomy. Say no to the #NationalSecurityLaw and sign the petition!
📝聯署連結 | Petition link:http://chng.it/hhDSLC5vn8
——————————————
【致歐洲各國領袖:全球聯署反香港國安法 | To European Leaders: Global Petition Against National Security Law for Hong Kong】
北京政府倒行逆施,無視香港人及國際社會反對聲音,強行推動一條爭議甚大、牽連甚廣的「國安法」立法。The Beijing government, with utter disregard of the opposition from the international community and Hong Kong people, seeks to promulgate a controversial and detrimental National Security Bill.
鑑於中共素來人權狀況劣績斑斑,屢以「國家安全」名義打壓維權人士、人權律師、記者、平民及外國人,連調查豆腐渣工程、毒奶粉事件亦被視作「顛覆國家政權」,以國安之名壓倒調查真相、追尋公義的聲音。惡法一立,勢必淪為鎮壓反對聲音的工具。
The Chinese Communist Party have been clamping down on human rights activists, lawyers, reporters, civilians as well as foreigners in the name of "National Security". Such is the aggravating human rights condition in China. Under the banner of subversion of the state, China oppressed any investigation on the "Toufu-drag" construction works or poisonous milk-powder. Once the "National Security Bill" (the Bill) had been written into the law, it would inevitably become a tool for oppression and censorship against those who seek the truth and tell the truth.
更甚者,國安法將在香港設立新國安機構,定當徹底改變香港管治格局,屆時國安特務治港,架空香港政府及警察職能,亦會出現「送中」審訊及囚禁的亂局,動搖《中英聯合聲明》對於人權、法治及司法獨立的承諾,破壞香港作為開放自由的國際城市之地位。
The severity of the Bill is highlighted by the establishment of an enforcement agency. This will shake up the dynamics of Hong Kong in every possible aspect. The enforcement agency will render the Hong Kong government a mere figurehead and replaces the Hong Kong Police Force as the major ruling authority. It is no surprise that there will be renditions to China for trial and detention. This irrevocably jeopardizes the promises to rule of law, human rights, and an independent judiciary as laid down in the Sino-British Joint Declaration. Hong Kong can no longer maintain its status as an open and liberal international metropolis.
歐盟乃中國最大貿易夥伴,亦是香港第三大外來投資地,一旦通過惡法,將影響歐洲各國在港投資及營商利益;其他非歐盟國家在港利益亦將會受損。國安法「外部勢力」定義語焉不詳,過去執法往往政治掛帥,加上中國近年力行「戰狼式外交」,外國人往往成為「人質外交」的犠牲品。因此,惡法一通,將影響各國在港營商利益。
The EU, being China's most significant trading partner and having made the third most investments in Hong Kong, will surely be affected in terms of its investment interests and management conditions; other European countries that have a stake in Hong Kong will also be undermined. The vagueness in what counts as foreign intervention leaves room for an aggressive interpretation by the Chinese government, who for the record utilizes these laws in threatening other countries. Foreigners in Hong Kong may be treated as hostages in accordance with China's diplomatic policies. The risks for foreign investors are self-explanatory.
由於國安法迫在眉睫,香港自由自治勢如累卵,我們懇請英國、各歐盟成員國政府如德國、法國、意大利等,以及其他歐洲國家如瑞士,站在香港民主自由的一方,促請北京政府撤回國安惡法,並加快《馬格尼茨基法案》立法工作,且在與中國貿易協定中加入保障香港人權的條文。
With the Bill closing in, liberty and autonomy enjoyed by Hong Kong shall, without doubt, face utter compromise. We urge the governments of the UK, members States of the EU, namely Germany, France, and Italy, etc. as well as other non-EU European states, such Switzerland, to stand with freedom and democracy and to stand with Hong Kong in pressuring the Beijing government to retrieve its Bill. It is of the essence for friends of Hong Kong to take the action in the incorporation of the Magnitsky Act into the municipal law. We also urge countries dealing with China to insert clauses that protect Hong Kong's human rights into trade agreements.
倘若北京依然顧我,強推惡法,意味香港自主權的淪喪,我們促請歐盟、英國和其他歐洲國家如瑞士屆時立即終止香港享有的特殊待遇。
Should Beijing refuse to come to their senses and embark on the road to perdition, where Hong Kong no longer retains its autonomy, we urge the EU, UK and other European countries such as Switzerland to terminate any special status and privileges currently enjoyed.
張崑陽 | 民間外交網絡發言人
Sunny Cheung | Spokesperson of Network DIPLO
黃之鋒 | 香港眾志秘書長
Joshua Wong | Secretary-General of Demosisto
羅冠聰 | 香港眾志常委
Nathan Law | Standing Committee Member of Demosisto
——————————————
自由之戰 香港牽線
📺instagram|https://instagram.com/sunny.CKY
🐦twitter|https://twitter.com/sunnycheungky
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