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HKFP
2 days 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.
The Star
2 days ago
- Health
- The Star
Apnoea – something to lose sleep over
PETALING JAYA: Microsleep refers to brief, involuntary episodes of sleep lasting just a few seconds during a person's waking hours. This naturally makes it frightening if it happens to a driver, as a vehicle can travel quite a distance in just seconds. The danger of microsleep is real. Based on the last statistics provided by the police, 1,305 fatalities were attributed to drivers falling asleep due to fatigue between 2011 and 2021. There are many causes of unsatisfactory or inadequate sleep that contributes to microsleep, and one area that continues to draw research is sleep breathing disorders, including sleep apnoea. 'During sleep, the brain and body goes through various stages of rest and recovery. As sleep deepens, our airway muscles progressively relax and narrow the air passage. Soft tissues of the airway also progressively lose their strength and responsiveness with age, inflammation and disease, thus restricting air flow,' said Assoc Prof Dr Yap Yoke Yeow, an Ear, Nose, and Throat (ENT) specialist with the KPJ Johor Specialist Hospital. Dr Yap Yoke Yeow 'This can happen many times during sleep and even cut off the supply of oxygen to our lungs periodically. To ensure we are able to continue breathing, our brain would then interrupt the sleep cycle and 'wake' us so that airflow is restored. 'As such, our sleep isn't as restful as it should be, and people who suffer from this ailment could wake up feeling tired. 'Apnoea is defined as the absence of airflow through the nose or mouth for more than 10 seconds at a time. When one experiences more than 30 episodes of apnoea in seven hours of sleep, that is classified as severe obstructive sleep apnoea (OSA),' he said. In view of the importance of a good night's rest, Dr Yap added that medical attention should be sought if one suffers from excessive daytime sleepiness or microsleeps. Management of sleep breathing disorders range from lifestyle changes to myofunctional therapy, where a therapist helps the patient retrain orofacial muscles (controlling the tongue, lip and cheek areas) to improve functions like breathing – especially in addressing mouth breathing, swallowing and speech. Other than surgery, interventions for difficult cases of OSA include using Continuous Positive Airway Pressure (through a machine that delivers a constant stream of air through a mask or nasal prongs while the patient sleeps), as well as wearing a mandibular advancement device (MAD) to sleep. MAD is a custom-made device that gently pulls the lower jaw (mandible) forward, which in turn nudges the tongue forward so that the airway can be opened to reducing breathing obstructions. 'Parents should also monitor the jaw and facial development of their young child as it impacts various aspects of a child's life, including the ability to breathe properly, among others. Proper development can prevent issues down the line that includes difficulty breathing, including sleep apnoea,' he said. Experts say people should also look at improving sleep hygiene, which refers to practices that promote quality sleep. These include sleeping and waking according to a consistent schedule, avoiding stimulants like caffeine or nicotine and heavy meals close to bedtime, reduce mobile device screen time at least an hour before sleep, while exercising regularly, and avoiding intense workouts close to bedtime.
Borneo Post
24-05-2025
- Business
- Borneo Post
Preserve, share ‘bak chang' culture to strengthen Sarawak's harmony, says Kota Sentosa rep
Goh (third right) presents some bak chang to Yap while other organising committee members look on. – The Borneo Post photo KUCHING (May 24): The tradition of making bak chang (glutinous rice dumplings) should not only be preserved by the Chinese community but also promoted among all races in Sarawak to strengthen racial unity, said Kota Sentosa assemblyman Wilfred Yap. He emphasised that bak chang making is an important part of Chinese cultural heritage and encouraging participation from other communities can foster greater understanding and harmony. 'We live in a multi-racial Malaysia and Sarawak and organising this kind of event will help promote unity among Sarawakians especially when everyone is invited to come and participate,' he said at 'A Taste of Heritage Vegetarian Bak Chang Making Demonstration' at Aeroville Mall here today. Yap noted that Sarawak has seen significant progress under the leadership of Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg, who has led the state government since 2017. 'The state revenue was then RM6.8 billion then but now we are anticipating that our annual revenue will increase to RM14.2 billion next year,' he said. 'Our reserves now is RM400 billion. That is strong proof that Sarawak has prospered much under the GPS-led government. 'We must stay united if we want to continue to prosper and don't let people from outside the state disrupt our unity,' he added. As a show of support for the event, Yap announced a RM5,000 grant to the organiser Taman Riverview Bintawa Kuching Community Association in collaboration with Persatuan Tukang Masak Hou Yu Kuching. The event attracted a diverse group of participants from various ethnic backgrounds, many of whom eagerly tried their hand at making 'vegetarian chang'. Also present was Hoi Tin Lau Restaurant head chef Goh Ah Seng, who is president of Taman Riverview Bintawa Kuching Community Association and Persatuan Tukang Masak Hou Yu Kuching. bak chang culture Kuching unity Wilfred Yap
GMA Network
23-05-2025
- Politics
- GMA Network
CSC chief Barua-Yap denies resigning from post
Civil Service Commission (CSC) chairperson Marilyn Barua-Yap denied Friday that she has resigned from her post following the directive of President Ferdinand Marcos Jr.'s call for Cabinet members to tender their courtesy resignations. 'I have not resigned as chairperson of the Civil Service Commission. The recent directive of the President requesting the resignation of his Cabinet Secretaries does not apply to me, as I am not a member of the Cabinet nor am I under the executive branch's direct control,' Yap said in a statement. 'The Civil Service Commission is an independent constitutional body. I remain committed to fulfilling my constitutional duty and serving the Filipino people with integrity and impartiality,' Yap added. Aside from CSC, other constitutional offices whose chiefs have a seven-year fixed term include the Commission on Elections (Comelec), the Commission on Human Rights, the Office of the Ombudsman, the Commission on Audit and the Professional Regulation Commission. As heads of constitutional offices, they can resign or be removed from their post via impeachment proceedings, which emanates from the House of Representatives. 'I respectfully request media persons and groups to contact us directly to verify reports involving us and the Commission,' Barua-Yap added. Earlier, Duterte Youth party-list chairman Ronald Cardema called on Comelec chief George Garcia to quit his post and follow Barua-Yap's action of resigning from her post. Cardema claimed that Garcia is politicizing the Comelec by deliberately suspending the proclamation of Duterte Youth party-list who won three seats in the 2025 midterm polls. Garcia has denied Cardema's allegations. — Llanesca T. Panti/RSJ, GMA Integrated News
The Star
22-05-2025
- Business
- The Star
Federal Court rules in SC's favour in Patimas case
The Securities Commission said the Federal Court affirmed the decisions of the Court of Appeal and the High Court. PETALING JAYA: The Federal Court has unanimously dismissed former Patimas Computers Bhd deputy chairman Datuk Raymond Yap Wee Hin's application for leave to appeal. In a statement, the Securities Commission (SC) said the Federal Court affirmed the decisions of the Court of Appeal and the High Court. 'The leave application was filed by Yap following the unanimous decision of the Court of Appeal, on Nov 27, 2024, which had affirmed the High Court's finding that he was liable for insider trading of Patimas shares in 2012.' In a civil action filed in 2020, the SC claimed that Yap had breached section 188(2)(a) and (b) of the Capital Markets and Services Act 2007 when he disposed a total of 43.8 million Patimas shares held by Law Siew Ngoh, former managing director of Patimas, between June and July 2012. 'At the time, Yap was in possession of material, non-public information relating to audit queries and issues regarding suspicious transactions between Patimas and its top debtors. 'The matter had been raised and discussed by Patimas' external auditor during a meeting with the company's management.' On July 31, 2012, Patimas' board of directors announced to Bursa Malaysia that the company would not be able to issue the company's annual audited financial statements for the financial period from Jan 1, 2011 to March 31, 2012 due to unresolved significant audit findings/queries. 'At the High Court, following a full trial, Yap was ordered to pay to the SC a disgorgement of RM3.28mil, which is equal to three times the losses avoided by Yap as a result of the breach, and a civil penalty of RM1mil. 'Yap was also prohibited from being appointed as director in any public-listed company for a period of five years, with effect from the date of the High Court judgment on April 7,2022.' The Federal Court, in dismissing Yap's application for leave to appeal, directed him to pay costs of RM30,000 to the SC.
