Legal academic ‘undermines rule of law’ in op-ed

Missing an opportunity to stay silent, Security Secretary Chris Tang publicly blasts legal scholar Johannes Chan for an op-ed criticizing the conviction of Lam Cheuk-ting and others attacked by thugs at Yuen Long MTR station on July 21 2019…

Tang wrote: “The author, who is a law professor, has once again published a biased article, deliberately ignoring the fact that some white-clad people have already been brought to justice, misleading readers with a warped perspective that the court has made an unfair judgment regarding either party, shaking the public’s confidence in the court system, and undermining the rule of law in Hong Kong, which must be condemned.”

Tang’s hyperbole might strengthen suspicions that the authorities know deep down that the court was pushing an official version of what happened at Yuen Long that few recognize as accurate. Why else would he care about a respected academic expressing an opinion?

And that’s not all…

Tang also extended his criticism to Ming Pao, saying that the paper’s disclaimer which stated that Chan’s article was not intended to incite hatred toward the government “does not absolve the editor of his responsibility to ensure that the publication is fair, objective, and unbiased.”

“It is hoped that Ming Pao will not continue to be exploited by people with ulterior motives to use this platform to spread confusing remarks, to poison the community, and to create conflicts,” Tang said.

Maybe Tang will have something to say about Hong Kong’s Court of Final Appeal, confirming that prosecutors should allow defendants (members of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China) to see the evidence against them…

During the trial and appeals at lower courts, heavily redacted information was presented as evidence alleging that the Alliance had acted as a foreign agent.

The trio rejected the categorisation and argued that the withholding of such information had denied them a fair trial, as even they could not see the unredacted evidence.

The top court sided with the trio in its judgement, saying that the redactions were “self defeating” and produced “pages often completely covered in black ink.”

The judgment read: “By redacting the only potential evidential basis for establishing such facts, the prosecution disabled itself from proving its case. Moreover, non-disclosure of the redacted facts in any event deprived the appellants of a fair trial so that their convictions involved a miscarriage of justice and would in any event not have been permitted to stand.”

The top judges also dismissed prosecutors’ argument that it was sufficient for the police chief to “reasonably believe” that the Alliance was a foreign agent in order to issue the data demand, without having to prove it in court.

“It is a necessary element… that HKA [the Alliance] was in fact a foreign agent,” the judges wrote. “The courts below fell into error in holding that it was sufficient merely for the [police commissioner] to assert that he had reasonable grounds to believe that HKA was a foreign agent.”

Reuters sums it up…

Hong Kong’s top court unanimously overturned on Thursday the convictions of three former members of a pro-democracy group that organised an annual candlelight vigil to mark China’s 1989 Tiananmen Square crackdown, citing a miscarriage of justice.

The ruling is a rare victory for Hong Kong’s pro-democracy movement in which scores of activists have been jailed or forced into exile, with many liberal and popular civil society groups shuttered.

I smell a loophole that will need to be addressed.

Reuters on ship owners ‘discreetly’ moving offices and vessel registrations out of Hong Kong…

Behind these low-profile moves, six shipping executives said, lie concerns that their ships could be commandeered by Chinese authorities or hit with U.S. sanctions in a conflict between Beijing and Washington.

Beijing’s emphasis on the role of Hong Kong in serving Chinese security interests and growing U.S. scrutiny of the importance of China’s commercial fleet in a possible military clash, such as over Taiwan, are causing unease across the industry, the people told Reuters.

…Reuters interviews with two dozen people, including shipping executives, insurers and lawyers familiar with Hong Kong, revealed growing concern that commercial maritime operations could be ensnared by forces beyond their control in a U.S.-China military clash.

…”We don’t want to be in a position where China comes knocking, wanting our ships, and the U.S. is targeting us on the other side,” said one executive, who like others was granted anonymity to discuss a sensitive issue.

…Basil Karatzas, U.S.-based consultant with Karatzas Marine Advisors & Co, said Singapore had become the preferred domicile for companies with lesser exposure to Chinese shipping and cargo trade, because it offered many efficiencies, including its legal system, but less risk than Hong Kong.

…One company founded in Hong Kong in 2014, London-listed Taylor Maritime, now has a smaller presence in Hong Kong after making several strategic moves over the past few years.

…The firm “really de-risked Hong Kong”, said a person familiar with the matter, citing investors’ concerns about a Chinese invasion of Taiwan and the Communist Party’s increasing control of Hong Kong.

…Hong Kong-listed Pacific Basin Shipping has traditionally flagged its 110-strong fleet of bulk carriers in Hong Kong but is drafting contingency plans to register them elsewhere as it gauges potential risks, said two people familiar with the matter.

…Three executives and two lawyers told Reuters that sweeping security legislation, first imposed on Hong Kong in July 2020 and strengthened in March 2024, had added to the dangers.

…Some shipowners wouldn’t object to an official request to turn over their vessels, either out of patriotism or the potential to profit from a crisis, one lawyer said.

But “it is better not to be in a position where you might even be asked”, said another veteran lawyer.

“It was not an issue just a few years ago, in what is clearly a redrawn national security map.”

Compare and contrast with Cheung Kong’s sale of its ports for US$19 billion. From the Bloomberg newsletter …

What Li will do with the cash is a burning question. Crypto or Chinese real estate are unlikely to be targets for a group known for its fiscal prudence. Li has spent decades diversifying away from Hong Kong and mainland China by snapping up assets mostly in utilities and infrastructure, especially in the UK and Europe. More of the same is likely. CK Infrastructure is reportedly considering bids for UK waste management firm Viridor and Thames Water. Returning cash to investors in the form of a special dividend could also be on the cards.

Did Donald Trump do Li Ka-shing a huge favour, convincing him to sell assets that for years have profited from growth in international trade just as the US president starts imposing tariffs on anything that moves? (Been sitting on a few Cheung Kong shares for many years – the dividends have long since covered the original purchase – and bought some more six months or so ago because the company is so cheap. Didn’t realize it was that undervalued.)

From the same newsletter, on Hong Kong’s office glut…

…analysts Patrick Wong and Francis Chan predict the office vacancy rate could rise to a record 18% by the end of the year, with average rents falling to the lowest since 2010. Rents slumped about 8% last year, the most since 2020 when Covid emerged. Such a high vacancy rate and tumbling rents may force landlords into fire sales, they write. In a clear sign of the city’s property distress, the average price of Hong Kong prime-office buildings has plunged 45% in just the last six years, according to data by Colliers. Meanwhile supply of new prime offices keeps rising.

In many cities, empty office buildings are converted to housing – such as student dorms. Presumably, Hong Kong policymakers would faint in horror at such a suggestion.

A nematode stuck in permafrost has been resuscitated after 46,000 years of cryptobiosis. Yes – there’s hope for James Tien.

Another of these black-and-white things on YouTube. This seems to be an early 1960s publicity film for the Royal Air Force, in which a civilian gets to ride on a passenger flight full of service families heading to Singapore via Bahrain, Aden, and Gan in the Maldives. Unlike with many productions of this sort, the narrator’s conversations with crew members seem fairly unscripted (though of course on message). Also, a sharp reminder of how Singapore has changed. And then a landing at Kai Tak in an Argosy.