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HKFP
3 hours ago
- Politics
- HKFP
In deleted Ombudsman reports saga, silencing legislators hinders their ability to hold authorities to account
The saga of the deleted reports on the Ombudsman's website continues. So far, he has apparently refused to restore digital copies of pre-2023 investigation reports, annual reports, and other data for easy public access. The reasons provided for removing them (data overload, they're dated, government departments have accepted their recommendations, etc.) are generally unconvincing. In many cases, the problems that necessitated the investigations continue. Chief Executive John Lee pointed out that the Ombudsman is independent of the government. He 'expressed confidence that the Office of the Ombudsman will do its work effectively and address public concerns,' RTHK reported. The deleted reports saga raises significant issues about Hong Kong's constitutional system of dual accountability. According to Basic Law Article 43, the chief executive, who is the head of the government, is accountable both to the central government and the Hong Kong Special Administrative Region (HKSAR). In their book, The Constitutional System of the Hong Kong SAR, law scholars Albert Chen and Yap Po Jen call this 'the most important and distinctive feature of the HKSAR's political system.' They go on to say: 'Insofar as the central authorities' interest in and views on Hong Kong's development converge with those of the general public in Hong Kong, there should be no conflict in the discharge of these dual roles. 'On the other hand, when there is a divergence in the interests of the central authorities in the HKSAR and the interests of Hong Kong as perceived by a majority of Hong Kong's population, the CE would be placed in an unenviable position' (emphasis mine). Chen and Yap write that it is not easy for the chief executive to retain the trust and confidence of both Beijing and the people of Hong Kong. This formulation recognises that there could be multiple understandings of the interests of Hong Kong: the central government's understandings, the local government's understandings, and understandings as perceived by most of the people of Hong Kong. These understandings might converge, or not. In the Ombudsman saga, likely only the local government's and the people of Hong Kong's understandings are involved. Chen and Yap point out that in Hong Kong's system, the executive and legislative authorities are expected to both 'coordinate with and check each other.' Both the Basic Law and the Sino-British Joint Declaration provide that 'the executive shall be accountable to the legislature.' That is, the Legislative Council (LegCo) should play a key role in holding the government to account. The chief executive acknowledged 'public concerns' and 'public debate' on the deleted Ombudsman reports. A handful of legislators have spoken up. One report identified six LegCo members who spoke out or raised questions: Michael Tien, Doreen Kong, Tik Chi-yuen, Tang Ka-piu, Eunice Yung, and Tommy Cheung. These are mainly pro-establishment patriots. Subsequently, the local media reported that authorities silenced LegCo on this issue. Authorities sent out 'warm reminders' that LegCo members should not 'follow up' or 'comment' on the Ombudsman saga. This gives the impression that LegCo is simply an extension of the government, speaking for the government only. What of its checking role? If, as Chen and Yap write, accountability to the HKSAR means accountability to the interests of Hong Kong as perceived by a majority of Hong Kong's population, why did the authorities silence LegCo? Perhaps they believe that silencing criticism is in the interests of the Hong Kong people, or authorities perceive that LegCo is insufficiently representative of the Hong Kong people and therefore should have no right to speak. This seems unlikely given the efforts the government made during the 2021 legislative elections to convince us that LegCo was representative. When authorities silence LegCo, who speaks for the interests of Hong Kong as perceived by a majority of the people? In the past, Hong Kongers have valued accountability, openness and transparency. Indeed, that is one reason why 55 to 60 per cent of voters consistently supported pan-democrats in elections when they had the opportunity. As late as 2018, the HKSAR government also declared that it supported these values. The Ombudsman's action seems to undermine them, arguably not in the interests of Hong Kong. An unanticipated consequence of the saga may be to boost the role and credibility of civil society in Hong Kong. The deleted reports are of considerable value to all those interested in public policy. Digital copies of all the Ombudsman's pre-2022 reports are available on the Wayback Machine. Non-government organisations may download them, provide searchable catalogues and make them publicly available. Would an alternative Ombudsman's website be in the interests of Hong Kong? Is this really what the authorities want? The Ombudsman's deleted reports saga tells us that Legco has lost some capacity to hold authorities to account. It tells us that officials expect Legco to speak for the government and not for the people of Hong Kong. Yet, LegCo members should be able to speak out on issues such as this. Authorities should understand that speaking out is not 'attacking' the government but trying to improve local governance. LegCo members' constitutional role includes checking the government. Authorities should relax the gag order on LegCo members so that they can better serve the people. This will build trust in our institutions, which is in everyone's interest. HKFP is an impartial platform & does not necessarily share the views of opinion writers or advertisers. HKFP presents a diversity of views & regularly invites figures across the political spectrum to write for us. Press freedom is guaranteed under the Basic Law, security law, Bill of Rights and Chinese constitution. Opinion pieces aim to point out errors or defects in the government, law or policies, or aim to suggest ideas or alterations via legal means without an intention of hatred, discontent or hostility against the authorities or other communities.
HKFP
a day ago
- Politics
- HKFP
Hong Kong leader pledges ‘full support' to local universities to attract overseas students amid US crackdown
Hong Kong Chief Executive John Lee has pledged 'full support' to the city's universities to attract foreign students following US President Donald Trump's move to restrict international enrolment. 'Hong Kong will provide full support to our universities, giving [affected students] the best assistance if they wish to come to Hong Kong,' Lee told lawmakers in Cantonese during a question-and-answer session in the Legislative Council (LegCo) on Thursday. His remarks come after the US State Department vowed on Wednesday to 'aggressively' expel Chinese students and increase scrutiny of future applications from China and Hong Kong. US Secretary of State Marco Rubio on Tuesday ordered a pause in student visa processing until further notice and planned to expand social media vetting. The Trump administration also attempted last week to ban Harvard University from enrolling foreign nationals. A US judge temporarily blocked the move, calling it unlawful. Lee said on Thursday that he felt 'encouraged' by local universities' offers of streamlined admission into their programmes for those affected by Trump's policy. The Hong Kong University of Science and Technology (HKUST) and the Hong Kong Polytechnic University (PolyU) are among the higher education institutions in the city that have openly appealed to international students in the US. Lee also said he could further review the quota for international student intake at local universities if needed, after already doubling the limit to 40 per cent last year. 'I notice that the intake quota can still absorb a lot of students who are facing unfair treatment. I will review the quota if needed,' he said. He added that the US policy against foreign students provided Hong Kong with an opportunity to bring in talent. Hong Kong currently offers 30,000 places for international students at its eight publicly funded universities. Earlier this week, Lee said the city would open its universities to more international students facing 'discriminatory and unfair treatment' by the US. The city's education minister Christine Choi last week urged local universities to welcome 'outstanding students from all over the world.' 'Burning urgency' At the LegCo meeting, Lee also agreed with lawmaker Lau Kwok-fan's suggestion to expedite the establishment of a university town as part of the Northern Metropolis development plan. Lee said he felt 'a burning urgency' to speed up the development of the Northern Metropolis, which will encompass about a third of Hong Kong's territory in the vast area neighbouring mainland China's Shenzhen. Lau, from pro-establishment political party the Democratic Alliance for the Betterment and Progress of Hong Kong (DAB), also suggested that the government establish a statutory body to oversee the development plan and draft special legislation that preempts any legal matters in the course of the development. Lee said the government would consider Lau's ideas. The Northern Metropolis, which is set to transform 30,000 hectares of land along the border, will house 2.5 million people and create 500,000 jobs, according to the government. But villagers who have been living there for decades said their lives would be uprooted by the project, while green groups warned that the development would threaten and damage wetland areas that are home to endangered wildlife. Last month, the High Court threw out a legal challenge mounted by activists against the San Tin Technopole, a planned tech zone that would be the centre of the Northern Metropolis project.
HKFP
3 days ago
- Business
- HKFP
HK gov't to introduce proposal to boost rights of delivery couriers this year, labour minister says
The Hong Kong government will introduce a proposal this year to enhance the rights and benefits of digital platform workers, labour and welfare chief Chris Sun has said, following recent strikes by delivery workers. The government 'will introduce a proposal for further enhancing the rights and benefits of platform workers within this year, and will consider reinforcing the protection for platform workers through legislative means,' Sun told the Legislative Council (LegCo) on Wednesday. He also said the government had established a liaison group consisting of representatives from the government, platform companies, and labour organisations 'to explore suitable proposals.' Sun's remarks were in response to pro-establishment lawmaker Kingsley Wong's question about whether the government would introduce a legislative proposal to protect the labour rights of delivery couriers, as promised last year. The government said in November that it would propose ways to enhance the protection of platform workers, which 'may include proposals that can only be implemented by legislation.' Sun said on Wednesday that the government's proposal would be based on the results of surveys and consultations conducted by the Labour Department last year, including the Thematic Household Survey, an opinion survey of platform workers, and focus groups on their working conditions. He also told LegCo that the survey results showed that 'platform workers were most concerned about work injury compensation.' Delivery workers do not enjoy the same labour protections as full-time employees, as Hong Kong law stipulates that delivery workers are considered self-employed contractors. If a worker has an accident while delivering food, they can only claim accident insurance provided by the delivery platform – if any. They are not entitled to workers' compensation under the Employees' Compensation Ordinance. However, the government is unlikely to drastically change the status of delivery workers, the labour minister told lawmakers at Wednesday's meeting. 'I think it's not suitable to give a blanket definition for platform workers as full-time employees,' Sun said, adding that a delivery courier's status as a full-time employee or self-employed contractor would depend on their working conditions. Keeta workers' strikes Since late April, couriers working for Keeta have been staging a series of protests across Hong Kong demanding better treatment from the delivery platform. On May 22, around 270 Keeta riders went on strike in Central, Hung Hom, and To Kwa Wan to protest what they called an 'unfair' system that is slashing their earnings. Owned by Chinese tech giant Meituan, Keeta launched in Hong Kong in May 2023 and has grown steadily in market share. It is one of two delivery apps in the city, after British company Deliveroo exited Hong Kong in early April.
HKFP
5 days ago
- Business
- HKFP
Hong Kong's MTRC fined HK$19.2 million for 5-hour service disruption on Tseung Kwan O Line
Hong Kong's railway operator, the MTR Corporation (MTRC), will have to pay HK$19.2 million in fines for the five-hour service disruption on its Tseung Kwan O Line last week, the city's transport minister has said. Mable Chan, secretary for transport and logistics, also said on Monday that the MTRC would provide 50 per cent fare concessions for a day due to the service failure on Thursday and two similar events on another line earlier this year, under a 'service performance rebate' mechanism. Train service on the Tseung Kwan O Line was severely disrupted during rush hour, including a five-hour halt in the cross-harbour section between North Point and Yau Tong stations, due to a 'power supply disruption,' according to the MTRC. The incident followed two separate service disruptions on the East Rail Line in February and April that involved malfunctioning engineering trains. During a special Legislative Council (LegCo) subcommittee meeting on Monday, Chan said the government had demanded that the MTRC conduct a 'comprehensive and systematic' review of its train systems to strengthen the risk assessment and resilience of its services. 'I hope the MTRC can be ahead of any problems instead of having to follow up and react to them after they occur,' Chan told lawmakers in Cantonese. 'The string of [service delay] incidents has shown that the MTRC's repair and maintenance systems indeed have room for improvement,' she added. Chan also said she demanded that the MTRC submit an investigative report on the Thursday incident to the Electrical and Mechanical Services Department within a month. Jeny Yeung, the MTRC's managing director for Hong Kong transport services, said at the same LegCo meeting that the company's preliminary investigation suggested that failures in some components of the overhead cables were the cause of the incident. Cheris Lee, chief of operating and metro segment at the MTRC, said the company's engineers had located a misalignment of the 'jumper wire,' a device that connects electric circuits to trains, which they believed to be the cause of the power supply failure. Yeung said the company would also replace outdated information systems of four lines – the Tseung Kwan O Line, the Kwun Tong Line, the Tsuen Wan Line, and the Island Line – in the next few years. The Tseung Kwan O line was suspended at 5.14pm on Thursday. Service was partially resumed at around 8.40pm and was only fully restored at 10.33pm, according to the MTRC. Under the service performance rebate mechanism, which was revamped in 2023, the MTRC has to pay HK$9.6 million for any delay of up to four hours during rush hour, and any additional hour of delay will cost the company an extra HK$4.8 million. The money will be refunded to passengers through a fare promotion.
HKFP
20-05-2025
- Politics
- HKFP
Article 23 security law update provides ‘legal certainty' against threats, Hong Kong leader John Lee says
The new subsidiary legislation for Hong Kong's homegrown security law – also known as Article 23 – provides 'legal certainty' against national security threats, Chief Executive John Lee has said. Hong Kong fast-tracked the subsidiary laws under Article 23 through the legislature last week, enacting the laws less than 24 hours after they were introduced to the Legislative Council (LegCo). The new laws created six offences related to Beijing's Office for Safeguarding National Security (OSNS) in Hong Kong and designated six sites occupied by the office as 'prohibited places' to prevent intruders and spies. Asked if the legislation had been given sufficient time, Lee said on Tuesday that the update must be completed 'as early as possible' amid growing uncertainty in global politics. 'I have said many times that national security risks are like a virus; the risks always exist around us,' he told reporters during a regular press conference. 'It is imperative to complete the subsidiary legislation as early as possible to ensure legal certainty,' he said. He also said the subsidiary legislation did not grant new powers to the OSNS; instead, it provided details about the office's work under the Beijing-imposed national security law. 'The subsidiary legislation refines the implementation rules, their details, and administrative matters of these provisions, making them clearer,' Lee said. 6 new offences The OSNS was established in July 2020 under the Beijing-imposed national security law, which was enacted in the wake of the 2019 pro-democracy protests and unrest. Separate from the Beijing-imposed national security law, Article 23 – formally called the Safeguarding National Security Ordinance – was enacted in March 2024, after it was fast-tracked at the city's opposition-free legislature. Under the new subsidiary laws, failing to comply with the OSNS' legal notices or providing false or misleading information to the OSNS has been criminalised, carrying a maximum penalty of seven years in jail and a HK$500,000 fine. Entering the OSNS' premises without authorisation could result in a maximum jail term of two years, while conducting espionage activities such as inspections in person or via electronic devices is punishable by up to 20 years in jail. The changes were enacted under a 'negative vetting' procedure, allowing them to be first published in the gazette before being formally brought to the legislature for scrutiny. A LegCo subcommittee, comprising the same 15 lawmakers who oversaw Article 23's passage last year, did not raise any amendment proposals as it vetted the new laws for about five hours on Thursday. Lee on Tuesday also lauded his administration for drafting the legislation and the 'quick results' of the LegCo subcommittee. It 'reflects that the executive and the legislature are working together to safeguard national security,' he said. Separate to the 2020 Beijing-enacted security law, the homegrown Safeguarding National Security Ordinance targets treason, insurrection, sabotage, external interference, sedition, theft of state secrets and espionage. It allows for pre-charge detention of up to 16 days, and suspects' access to lawyers may be restricted, with penalties involving up to life in prison. Article 23 was shelved in 2003 amid mass protests, remaining taboo for years. But, on March 23, 2024, it was enacted having been fast-tracked and unanimously approved at the city's opposition-free legislature. The law has been criticised by rights NGOs, Western states and the UN as vague, broad and 'regressive.' Authorities, however, cited perceived foreign interference and a constitutional duty to 'close loopholes' after the 2019 protests and unrest.
