Political situation
Written by: Lin Jian
2021-04-18 20:32
Last update date: 2021-04-18 21:24
Last week’s National Security Education Day, the “Apple Daily” published a photo of a primary school student picking up a toy submachine gun in a simulated subway scene, and cited netizens’ opinions as reminiscent of the “Prince Edward Station 831 Incident”, which attracted police. The Director of the Division, Deng Bingqiang, fired on fire day after day, without naming names to criticize "Apple" for creating hatred and differentiation, and said that there are laws regulating anyone who engages in incitement or incitement or acts in violation of national security laws.
In addition to Deng Pingqiang, the Secretary for Security Li Jiachao, the Central Hong Kong and Macau Leading Group and the Hong Kong and Macau Affairs Office have all spoken about the media. Ta Kung Pao even advocates "banning "Apple" according to law," which seems to herald an action against the media.
Senior Counsel Tang Jiahua pointed out that there is no provision in the current law against the media, but in fact "sedition" can be targeted against "sedition writing" and be sealed, and may be used to target individual media behaviors; even under certain circumstances, if the behavior is Organized and intended to undermine the system of the SAR may involve the crime of "subverting state power" in the "Hong Kong District National Security Law."
Some journalists believe that, judging from the recent warming of speech, it is not simply criticizing the matter, but trying to deal with it seriously from the institutional level. The situation is "worrisome."
Involving ideology is easy to be concerned, National Security Law, strengthened supervision of media
An anti-amendment turmoil has not only turned Hong Kong's political ecology upside down, but also has drastically changed the media environment. In the wave of demonstrations, the media is another group at the core of the storm after the police.
At first the government was at a disadvantage in the battle of public opinion. Some establishments criticized the government for inadequate explanations. The cyber war "underperformed a few streets" and blamed the media for fueling the flames. Later, there were more and more demonstrations and conflicts, and reporters became the protagonists of the news, including frontline Reporters were attacked, and there were conflicts with the police due to interview arrangements, and the Internet was also full of hate reporters.
According to the analysis by Liu Zhaojia, vice-chairman of the National Hong Kong and Macao Research Association, education and media have always been Beijing's most desired targets for rectification. Because they involve ideological shaping, they are fundamentally important. It is normal for news organizations to receive focus.
The "Hong Kong District National Security Law" was implemented in June last year. Article 9 of it mentioned that the Hong Kong Special Administrative Region should strengthen the work of safeguarding national security and preventing terrorist activities. The government should take necessary measures to strengthen propaganda, guidance, supervision and management.
During the legislative amendment turmoil, frontline reporters were often attacked at the demonstration site, and the status of press freedom in Hong Kong was concerned.
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The two offices, the Hong Kong government, and the newspaper "Ensemble" promote the media sector to promote "turn the chaos"
Recently, there seems to be an escalation trend in actions directed at the media. Luo Huining, director of the Liaison Office of the Central Committee of the Communist Party of China, said in a speech on the National Security Education Day last Thursday: "Anything that undermines national security is a'hard confrontation', it will be attacked according to the law; it is a'soft confrontation." , It is regulated in accordance with laws and regulations."
Liu Zhaojia analyzed that one of the elements of "soft confrontation" refers to the fact that the media creates public discord, attacks the SAR and even the central government, and spreads hatred.
On the next day, the Office of the Central Leading Group for Hong Kong and Macau Work and the Hong Kong and Macau Affairs Office of the State Council wrote an article in the "Seeking Truth" magazine, mentioning the need to promote "turning out chaos" in the fields of education and media.
On the same day, the "Apple Daily" published a front page of the newspaper, juxtaposing a photo of a child playing with a gun in a "railway carriage" on the Open Day of the Police Academy, juxtaposed with the August 31 incident at Prince Edward Station the year before, describing the scene as familiar.
The Commissioner of Police Tang Ping-kiang criticized that if anyone tried to use fake news to harm Hong Kong, the police would conduct investigations, arrests and prosecutions. He also pointed out that the relevant situation had been fulfilled in the newspapers on that day, and some people portrayed student photos as related to "black violence". , Did not criticize "Apple" by name; the police issued a statement on the same day, naming and condemning "Apple" for "deliberately distorting the nature and original intent of the activity."
The Secretary for Security, Li Jiachao, also followed the "main theme" during his attendance at the Legislative Council meeting on the same day, referring to the use of the three major media sectors, namely the media, culture and art, and publications, to "spread drugs" by people endangering national security.
On the same day, "Ta Kung Pao" published a commentator article directly criticizing "Apple" for promoting "Hong Kong independence" in the name of the report, playing the "worst and most rampant role in the media" and demanding that "Apple Daily" be banned in accordance with the law. Plug the loopholes in national security."
The wind started at the end of Qingping.
In just a few days, the Hong Kong and Macao Affairs Office, the Liaison Office of the Central Committee of the Communist Party of China, to the main officials of the Special Administrative Region and newspapers, successively published contradictory remarks directed at the "Apple". .
Scholars expect "Apple" to be the next goal
Lv Bingquan, a senior lecturer in the Department of Journalism of Baptist University, told the reporter of "Hong Kong 01" that Beijing’s dissatisfaction with Hong Kong media is not new and has always hoped for institutional rectification, especially after the social events in 2019, Beijing hopes to strengthen the governance of Hong Kong’s institutional system. The National Security Law and the revision of the electoral system are the top priorities, but other aspects, such as "return of the heart" and ideology, must be addressed. Article 9 of the National Security Law also mentions that the SAR government’s work on the media Necessary measures should be taken to strengthen publicity, guidance, supervision and management".
He believes that Radio Hong Kong, as a government department of the Special Administrative Region, is naturally the first to bear the brunt. The Airborne by Director of Broadcasting, Li Baiquan, and the resolute selection of multiple programs are the most obvious examples. He also pointed out that "Apple" is the most representative media of the democratic party. The characterization of "Apple" is a "political group", which is expected to be the next goal.
The 1967 riots once seized newspapers
But this raises a question: On what legal basis can the government deal with the media?
Looking through the information, during the June 7 riots in the last century, the British Hong Kong government also seized three leftist newspapers, "Tian Feng Daily," "Hong Kong Evening News," and "New Midday News."
However, the law cited by the British Hong Kong government at that time was the "Emergency Law", which empowered the government to make any regulations that he considered to be in the public interest, including inspections of publications, text, maps, plans, photos, communications and methods of communication , Control and suppression.
So without using the "Emergency Law", what laws are currently available to ban newspapers?
Crime of subverting state power: Anyone who organizes, plans, implements, or participates in the implementation of one of the following acts of using force, threat of use of force or other illegal means to subvert state power is a crime: (1) Overturning or undermining the Constitution of the People's Republic of China The established basic system of the People’s Republic of China; (2) Overthrow the central government organs of the People’s Republic of China or the Hong Kong Special Administrative Region government organs; (3) Seriously interfere with, obstruct or destroy the Central Government organs of the People’s Republic of China or the Hong Kong Special Administrative Region government organs in performing their functions in accordance with the law (4) Attacking and sabotaging the workplaces and facilities of the Hong Kong Special Administrative Region government agencies, rendering them unable to perform their functions normally.
Article 22 of the Minato National Security Law
Tang Jiahua: There are opportunities for incitement and national security law
Senior Counsel Tang Jiahua said that there is no provision in the law against the media, and he has not carefully studied the content of the front page of the "Apple Daily", so he will not make specific comments and speculations.
But he pointed out that in terms of legal principles, "publishing seditious texts" or "publishing, publishing, selling, offering to sell, distributing, displaying or copying seditious publications" in Articles 9 and 10 of the Criminal Offences Ordinance Inciting the masses to rebel against the government system and causing hostility among citizens of different classes are all illegal activities (commonly known as "sedition").
Of course, if the case goes to court, whether it can pass the balance test under the human rights law is another question.
A review of Article 14 of the Criminal Offences Ordinance, the law even empowers police officers or public officials to remove seditious publications, allowing them to "enter any premises or place", "stop and board any vehicle, tram, train or Vessels" to remove or clear any seditious publications; break into premises and use force to expel persons obstructing law enforcement, etc.
In other words, if the government makes full use of the powers conferred by the crime of sedition, it is theoretically capable of banning any publications that they consider "seditious intent."
Furthermore, Tang Jiahua pointed out that if the Department of Justice can prove that the behavior of these news media is organized, premeditated, and regularly produces false news, triggering hatred towards the SAR and the central government, and theoretically has the opportunity to touch the second section of the National Security Law. "The crime of subverting state power."
This is because the "other illegal means" referred to in the Ordinance can refer to the crime of incitement.
However, Lu Bingquan worries that the introduction of "subversion of state power" is relatively loose, and it does not necessarily require the use of force or even to have practical results. As long as an action is deduced into a relevant motive, and other people respond, it can be proved to be "organized." Subvert the state power".
For example, he pointed out that if the media lists the disadvantages of the new crown vaccine, it may affect the credibility of the government and greatly reduce the public's confidence in the government's epidemic prevention policy. "Will that be interpreted as "a group of people organized to ask the public to distrust the government" "In the end, it becomes "seriously interfering, obstructing, and undermining the performance of the functions of the SAR government organs in accordance with the law"?"
(From left) Lu Bingquan, Li Lifeng, Tang Jiahua.
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Li Lifeng: The phenomenon is worrying
Li Lifeng, dean of the School of Journalism and Communication of the Chinese University of China, said that there is no definition of "fake news" in the law. In many cases, it is just that some people disagree with the political views behind the news and call it "fake."
As for "Apple", the Police Academy Open Day was compared with the "831 Incident." He pointed out that as long as the photo is not fake or factually incorrect, it cannot be called "fake news". At most, it can be said to be "provided." Controversial opinions".
He pointed out that it is difficult to say whether the government intends to use the current wave of public opinion offensive to ban local media organizations. However, according to past experience, China may use the media to create public opinion before some political actions. Therefore, the recent criticism of the media is "worrying." The phenomenon".
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