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We’re going to have a City Brain. Can we really believe that Big Brother will not be using it?

September 23, 2026 by timhamlett

Something funny is happening to our lampposts. I first noticed this a short walk down the road from our home estate, where one lamppost had sprouted a sort of growth on its side, and further up a cluster of cameras.

When first installed this had a rather informal air. The growth on the side was secured with black plastic sheeting which looked suspiciously like a lot of duct tape. This has now been replaced and the whole effect is quite smart and efficient.

On the other hand this seemed an odd place for a cluster of cameras. True there is a sort of road junction, but the road which joins Sui Wo Road at this point belongs to the Water Supplies Department and is blocked by a locked pole. In any case it peters out after 400 yards or so into a mere footpath.

Having been alerted to streetlight oddities I later realised that our local specimen was not the only one. Similar clusters on lampposts are dotted down Sui Wo Road. It is difficult to see any logic in the installation. Many of them are at the entrances to estates, but not all estates are so honoured. So Shatin 33 has one, but Scenery Gardens has not. Sui Wo Estate Phase Two has one, but Phase One does not. Junctions seem to be favoured, but the one spot where traffic congestion is endemic, courtesy of the English Schools Foundation, is still naked.

Anyway it now seems that this rather random distribution of electronic equipment is all part of a greater plan. According to the latest policy speech Hong Kong is to be fitted with a “City Brain”, an organ found in most mainland cities and involving the technology du jour, artificial intelligence.

Government spokespeople hastened to assure us all that this would be a wonderful thing. As the Hong Kong Free Press reported, “The platform promises to centralise real-time data from a variety of sources – CCTV cameras, tracking systems, smart sensors, government databases, social media and mobile apps – and then use this information to optimise traffic lights, waste management, and other aspects of urban governance.”

Citizens who wondered what the “other aspects of urban governance” might involve will not have been cheered by the next paragraph, which announced that the first department to be connected to the new brain would be the Security Bureau’s Emergency Monitoring and Support Centre. How nice.

Chief Secretary for Administration Eric Chan appeared at a press conference the day after the policy speech and addressed the understandable fears that with the new brain in action Big Brother would be watching us all the time.

The city brain “isn’t meant for surveillance,” said Chan, who is heading the task force overseeing the project, to be formed in the fourth quarter of 2026. “It’s just about monitoring traffic and urban conditions, not monitoring individuals, crime, or catching thieves,” he said.

I do not doubt that Mr Chan sincerely believes that to be true, but I don’t. After all actions have consequences. Our government has a deplorable history of violating that dictum of the rule of law which specifies that the powers bestowed on officials should be used in good faith only for the purposes for which they are intended.

In recent years we have seen the weaponisation of a wide range of official powers, from sanitary inspection to tax collection, and their use – or abuse – to inflict a hard time on people and organisations which the government disapproves of.

The idea that the new brain will not be seized and exploited to “monitor individuals, crime or catch thieves” is, in this context, simply not credible. Indeed, the arrival of a new way of catching thieves should be welcomed.

But will it stop there?

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Promised wild pig update

September 16, 2026 by timhamlett

She was pregnant. Saw the proud mum last night with three piglets. Tried to make threatening noises, because better for young pigs to avoid places where humans hang out. Piglets withdrew without haste into hedge. Mum gave me a dirty look.

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Don’t tell her, but Lemon is in charge

September 9, 2026 by timhamlett

It is a common experience among dog owners: you are walking your pet, you come across a complete stranger and he greets your pooch by name. This is particularly likely to happen of somebody else sometimes walks your dog, but it still happens if you do your own walks.

There is no mystery here. You talk to, or occasionally shout at, your dog by name. She does not reply with your name. Indeed I know quite a lot of the other dogs we often meet in the park by name. Their owners remain anonymous, though familiar.

Still, there are limits. The other day I decided to take the minibus down from our hilltop to Fotan. I am usually motorised but Fotan has no convenient parking arrangements. I get off the bus in the wake of another passenger and she turns and asks “Are you Lemon?” Of course that is not what she meant. What she meant was that I was the person who walks Lemon. Note, though, that Lemon (who is my dog) was not present.

Anyway I had a pleasant chat with the lady who did not really think I was Lemon, and did some shopping.

An hour or so later I was waiting at the minibus stop for the trip home and a gentleman joined the queue behind me. “How is Lemon?” he asked. And we had another pleasant chat about our respective dogs.

So it seems my main claim to fame, at least round our part of the New Territories, is that I am Lemon’s walker. This is mildly disturbing.

In the days when I was on RTHK quite often I did have occasional encounters with people who might broadly be described as fans. I was, and indeed am still, a bit nervous when people come up to me and ask “Are you Tim Hamlett?” but they have always been polite and usually been flattering.

One of the drawbacks of appearing on television is that some people have difficulty getting their heads round the fact that they can see you but you can not look into the camera and see them. So they assume a degree of familiarity which grates a bit with my old-fashioned English ideas about how you interact with strangers.

Curiously, Lemon seems to have picked up her social habits from me. She does not interact with strangers. A quietly extended hand may be sniffed. If you try to pet her she shies away. If you ignore her completely she may take the initiative and sniff your feet. And that is it.

In fact the only time I have known her allow a stranger to touch her head at all was when we first met and she put her head in my hands. That is how I finished up with a large dog when I was looking for a small one. Lemon chose me.

And she has in many ways been the one in charge of the relationship ever since. Which is OK, I suppose. Just don’t tell her.

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A long voyage with Donald Trump and Abraham Lincoln

August 26, 2026 by timhamlett

Donald Trump’s opinions are rarely worth taking seriously. The man is ignorant, stupid and dishonest. So it was disconcerting to find something falling from his lips which I sort of agreed with.

When asked to comment on the length of time the aircraft carrier Abraham Lincoln had been at sea – at that time 250 days – Mr Trump said “not long enough.” Like so many of Mr Trump’s offerings this was a crass and tactless way of putting it. But the man has a point.

No doubt continuous cruising is a hardship but sailors have always had to endure this. Indeed in the days of sail voyages were often measured in years rather than months or days.

Drake’s famous voyage round the world took three years; Magellan’s pioneering circumnavigation would also have taken him three years but he died on the way. All Captain Cook’s exploratory voyages in the Pacific took three years each. The Bounty took a year to sail from England to Tahiti before the crew famously mutinied rather than do the return journey.

Dana’s “Two Years Before the Mast” (now perhaps an obscure book but still worth reading) were occupied by just two voyages: New England to California and California to New England. There was no Panama Canal at the time. This may also explain the length of Darwin’s voyage in the Beagle, which took five years.

Well that was then and now is now. The appearance of steam ships effectively stopped really long cruises because of the need to refuel. Thus the Russian Baltic fleet took seven months to get to its thrashing at the Battle of Tsushima, but this included stops for coal.

During the first world war the need for fuel curtailed long voyages, with the exception of some German surface raiders which survived by taking coal and supplies from the ships they captured. The outstanding success was the Wolf, which managed a cruise of 15 months before successfully returning to Germany.

In World War 2 also the outstanding feats of endurance came from German auxiliary cruisers (merchant ships converted for surface raiding), who could resupply from their captives. The Pinguin managed 390 days, and the Atlantis actually clocked 602 days, with one brief landing at the Kerguelen Islands, which were uninhabited at the time and so offered no R and R possibilities.

This was a stressful existence because raiders were eagerly hunted by the Royal Navy. Both ships were eventually sunk by British heavy cruisers.

The voyage of the Atlantis is exceptionally well-documented because both the Captain and First Officer survived the war and penned accounts of their exploits. As the Captain had preempted the German market the First Officer wrote his in English. The need to combat stress and homesickness in the crew was met by having a sort of on-board holiday place in which contingents could enjoy leisure and recreation. Only a call to action stations would disturb them.

I have not been able to find anything on US Navy exploits in the Pacific, where there was a lot of resupplying at sea, but some more recent incidents are recalled by old salts here.

The harsh fact is, I fear, that navies generally do not operate those nice “X number of trips and go home” arrangements common in air forces. Once war breaks out crews generally stick with their ships, and some get luckier than others.

In times of peace the leadership will try very hard to keep crews entertained, occupied and regularly rested and recuperated. Once war breaks out priorities shift.

It will be objected, of course, that what happens in wartime should not happen in peacetime but if you are vigorously bombing another country then this is not peacetime. US governments are reluctant to admit they are at war because that requires the approval of Congress.

I do not wish to seem unsympathetic. No doubt eight months continuous on an aircraft carrier is hard work. Those enduring it may care to compare their situation with that of cruise ship crews, who routinely have contracts up to ten months long with no days off.

Comments here from distressed passenger who asked some questions the cruise lines would rather not have asked.

If that does not cheer you up then we must alas resort to an old saying popular in moments of distress in the Royal Navy: if you can’t take a joke you shouldn’t have joined.

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Animals and people in Hong Kong: some we love, some not so much

August 23, 2026 by timhamlett

“Some we love, some we hate, some we eat,” was the title of a best-selling exploration of the relations between humans and animals, with the second title “Why it’s so hard to think straight about animals”.

The spectrum actually goes much wider than love, hatred and food, including animals as tourist attractions, animals as a mechanism for gambling, animals as laboratory subjects, and (still) animals as workers. And so on.

There is also the matter of more than one relationship coexisting. There was a touching moment in one edition of Clarkson’s farm, in which Mr C is accepting delivery of a consignment of sausages which were formerly some of his pigs. He muses on the paradox of livestock farming, that you love the animals and then send them to be killed. “Well’” says the sausage delivery man happily, “now you can love them in a different way.”

There seems to be a rather similar ambiguity in the Hong Kong government’s relationship with dogs. The traditional attitude was of unmistakable disapproval; licenses were issued but this was mainly a way to encourage vaccination against rabies. Public parks and public housing both excluded dogs.

Earlier in the year this seemed to have mellowed. Restaurants which wished to do so could apply for a permit to admit dogs. This coincided with the rise of the dog stroller, a sort of pram in which your pooch could visit a mall without his paws touching the floor. I now occasionally encounter small dogs in supermarkets.

In the last couple of weeks the relationship has become tricky again. Two dogs featured in horror stories: one fatally mauled two smaller dogs and the other killed the proprietor of the dog hotel it was staying at.

The official response was to reiterate the Ag and Fish Department’s safety doctrine, which is that dogs weighing more than 20 kg should be walked on a leash not more than 2 metres long. This seems to be based on the fallacious idea that large dogs are more belligerent than small ones (the dog which took a hunk out of me was one of those little Japanese jobs) and that short leashes give you more help than long ones (if your dog is a big puller the solution is to wear the leash round your waist).

Meanwhile there was much anguish online over a China dog story. This involved a dog, usually referred to as Wang Wang, being killed in an unconscionably cruel way by a group of boys, who then beat her puppies to death.

This struck a chord in Hong Kong, leading several people to put pictures and tributes in public places. This in turn drew the attention of the national security paranoia people, who get the collywobbles over any wave of public sentiment not approved and initiated by the government. People who had put up pictures of the deceased dog were visited. Advice was offered. This would not be a good topic for a book.

Animal abuse is a crime in Hong Kong and cases are followed up, albeit with varying degrees of enthusiasm. Of the corresponding situation in China the less said the better.

Then we come to the matter of wild pigs. The situation for many years was that there were two pig-hunting teams, who would swing into action and shoot any pig which was making a nuisance of itself. Wild pigs are quite good at working out where they are not wanted so the pig-human relationship was reasonably stable.

It was then decided that having people shooting pigs for fun was a bit behind the times. The new arrangement was that erring pigs would be tranquillised and neutered. They could then be returned to the wild.

This was not a success. This should not have come as a big surprise. Youtube is infested with stories of wild pig problems from around the world. Wild pigs are resilient, intelligent and breed like rabbits.

In 2021 the policy changed again. Everyone who has written about this notes that the change came after a wild pig bit a policeman. This may have been a coincidence. Anyway the new policy was that wild pigs should be “euthanised” (the Legco euphemism) or “dispatched” (Ag and Fish) or, in words of one syllable, killed.

This is not wild life management. It is a hog holocaust. Since the new policy came in Hong Kong’s wild pig population has been cut by more than half.

From a global point of view the wild pig is in no danger. In many places they are regarded as a pest. In Canada they are enticed into huge traps because to make any headway against a wild pig population you need to catch a whole family together. In the US they use drones and snipers… of course. In Australia the pig population is kept in check by wild dogs and in Louisiana increasingly by cougars. In eastern and central Europe they are a traditional food item and are much hunted for the pot.

Most of these places probably envy Hong Kong, but I find the new policy difficult to admire. Of course we do not want wild pigs rooting through urban dustbins. On the other hand I infer from a recent experiment with three models of pig-proof bins that there was previously a problem with food being inadvertently offered in litterbins.

The winning bin model has now been installed round our way just as, it appears, the local pig population has been exterminated. We used to see wild pigs quite often. People did not try to feed or pet them and the pigs showed no interest in socialising with humans or dogs.

I had not seen a wild pig for weeks until the other night. The dog froze and stared at a bush. A pig then emerged from the bush and trotted away. It looked extremely fat. There are two possibilities. It might be the young boar we saw quite often last year, grown obese because so many competitors have been bumped off and it now has all the local rubbish collection points to itself

The other possibility is that I got its gender wrong and she’s pregnant. I will post updates.

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Next national security improvement: no studying overseas?

August 5, 2026 by timhamlett

There are worrying signs that the new nationally secure future will include increasing efforts to discourage – and in due course perhaps to forbid – Hong Kong students from studying overseas.

First symptom spotted by people who take an interest in these things was an article in the Hong Kong Standard’s on-line version, headed “Foreign schemes use free travel to recruit elites to disrupt Hong Kong”.

I have a great sentimental affection for the Hong Kong Standard, where I enjoyed some of the happiest working years of my life, but the paper seems to have fallen on hard times, and Standard standards have slipped.

The piece in question is clearly a matter of opinion, and should have a by-line, but does not. The headline is followed by four pictures, which should have captions, but do not. One of them appears to be a welcome seminar for participants in an overseas study programme, one appears to be a police press conference, and two are of unidentified individuals.

The story itself appears to be based heavily on the imagination of the author. There is not a single named source. Factlets are attributed to “some political figures”, “political figures”, “a political figure”, “the outside world”, “the political figure”, “reports”, “informed sources”, “it is estimated”, “a fact known to everyone in those circles”, and “political figures” again.

The piece concludes with a fierce attack on the Hong Kong Journalists Association which appears to have no factual basis and is not attributed to anyone but the anonymous author. Who, I suspect, is also “a political figure”.

In short what we are looking at here is a piece of what is known technically in journalism education circles as crap.

The author cites four exchange programmes as providing opportunities for “external forces” to “instill hostile Anti-China and Hong Kong-disrupting ideologies”. Three of them are explicitly sponsored by the US State Department and no doubt purvey surreptitiously such seditious notions as freedom, democracy and the rule of law. The idea that they are specifically directed at China., much less Hong Kong, is silly. List of some victims of the International Visitor Leadership Program here.

The other is the Chevening Scholarship scheme, parented by the UK Foreign Office. But this does not provide a programme; scholars pursue Master’s courses of their own choice. Ironically, alumni are claimed to strengthen UK-China relationships.

However “political figures” also has it in for Harvard U’s Nieman Fellowship, and the fellowship programme at the Reuters Institute for the Study of Journalism at Oxford University, whose sins were to accommodate respectively Bao Choy and Ronson Chan. The objection, I fear, is to foreign travel and overseas study as such.

Consequently it was disturbing to read on Monday that Jardine’s educational trust has decided to end a scheme which provided scholarships for students to attend Oxford and Cambridge Universities. The trust will instead expand opportunities for students to attend “leading universities” in the Asian region. Could that, I wonder, mean China?

I think “political figures” is grossly over-estimating the effect of free study trips. I have some history here. For many years two organisations, one UK and one German, have cooperated to hold the annual Koenigswinter Conference (Koenigswinter is a small town near Bonn, which was the capital of West Germany when the thing started) where movers and shakers from both countries get together to discuss matters of mutual interest.

It also has a youth version for future movers and shakers, the Young Koenigswinter Conference, which is held in Berlin and to which, way back in 1969, I was invited. Clearly the identification of future movers and shakers was a bit awry here.

Anyway we had the usual “sugar-coated traps” as “political figures” would put it: travel and accommodation were free, lectures, tours and seminars thrown in. Clearly the hope was that we would emerge with a higher opinion of Germany and particular good will towards West Berlin, a Cold War flashpoint recently walled off from the eastern part of the city.

Did this happen? I doubt it. The thing which most impressed the English contingent was the slot machine in the entrance hall of our castle, which dispensed cans of beer. As the sale of booze in England was still surrounded by restrictions on places, times and ages this was a pleasant surprise, and the machine did a lot of business. Personally I had some very pleasant international relations with a student from Freiburg called Monika.

Our actual deliberations on the Anglo-German relationship were inconclusive. The basic and insoluble problem was that for most of our elders the major event of their life was World War 2, in which Germany had provided the opposition. Indoctrination wilts in encounters with recent history.

This probably applies to Hong Kong as well. “Political figures” should beware of attributing inconvenient opinions to foreign influence. Events usually trump ideology.

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Keeping up the good news stories: prosecuting bookshops

July 19, 2026 by timhamlett

Another day, another embarrassing story about Hong Kong. Our city has become a dangerous place for independent bookshops. Secretary for Security Chris Tang says his forces are not targeting any particular sector. Indeed. Only three boookshops have been raided so far this year.

So independent bookshops have just been unlucky. Well we have to believe officials when they say these things. They are honourable men. So are they all, all honourable men…

One does rather cringe, though, at the idea of newspaper readers all over the world seeing the picture of a bookshop staff (teeshirt: I am a bookshop staff) being led in cuffs out of her workplace. Quite apart from the distressing thought of a young woman being led off for trial on dubious charges, why do our national security police look so scruffy?

I suppose there may be some reason why raids on delinquent bookshops cannot be done by cops in full uniform, but if there are to be plainclothes could you boys at least tuck in your shirts, and maybe iron your trousers? I also have some misgivings about the Adidas product placement.

Mr Tang, meanwhile, continues to spout nonsense. Booksellers must be responsible for the books they sell, he says, “just like merchants selling food have to make sure their food won’t make people sick. That they are not selling poison and not breaking the law.”

This is a totally false analogy. Someone selling food has complete control over the situation. The cafe owner or chef chooses the ingredients and the preparation method. It is entirely right that he or she should be held responsible for not poisoning people.

Someone who runs a bookshop does not write the books. I find it hard to believe I had to write that. Unless the bookshop is vanishingly small the person running it does not even read the books. This is simply not possible. Some books are very hard work. Is “War and Peace” subversive? Don’t ask me; I have never managed to finish it. It is not the philosophy that loses me, but the fact that in Russian novels every character has at least three names.

It is interesting to compare Mr Tang’s hardline approach with the law on obscene publications, passed in gentler times, which provides a defence for people who “had no reasonable opportunity to inspect the article the subject of the charge; and had reasonable grounds for believing that article was not obscene.”

After all there is no reason to suppose that people who work in bookshops are bent on breaking the law. I imagine a polite notification that a particular book was, in the official view, subversive would result in the swift disappearance of the denounced volume. This would be sad, but not as sad as losing the whole bookshop, which seems to be the government’s objective.

Mr Tang rejected suggestions that it would be useful to supply booksellers with a list of banned works, saying that this would only “help criminals”. This seems an odd thing to say. After all it is generally considered a good idea that people should know in as much detail as possible what is the law which applies to them.

We do not see signs on our streets saying “Speed limit: guess!” or “Possibly no parking”. Providing a list need not imply that anything not on the list is legal. It would simply provide guidance to book vendors trying to work out what is allowed and what is not.

Mr Tang’s other objection to a local Index Librorum Prohibitorum (the name of the Papal version, abandoned in 1966) is that people producing banned books could simply change the title of the book. This is so far off the mark as to suggest that Mr Tang’s encounters with literature have been quite limited. The title of the book is its name, the label by which the eager reader identifies it.

If we change the title to hide the book from Mr Tang’s minions, we also hide it from potential readers.

What is really worrying nat sec enthusiasts may be the thought that a list of forbidden books would provide good publicity for some otherwise obscure works, and people with a taste for subversive literature could order copies from overseas booksellers. Books you cannot buy from shops in Hong Kong might soar up the Amazon bestseller lists.

This is not a totally implausible fear; “The one they tried to ban” has sold a lot of books. But what does that tell us about the relationship between Hong Kong’s government and people?

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Message to prosecutors: children should be treated as children

July 10, 2026 by timhamlett

The Department of Justice continues to find ways to spoil my breakfast. Consider the case of Ms Ami Chan, which was heard in the Eastern Magistrates Court earlier this week.

Ms Chan was arrested in 2019 (yes, it’s one of those cases) although she was not accused of rioting. The case revolves round the contents of her rucksack, which included two laser pointers and two cans of spray paint. A rare hit from “stop and search” policing.

Nothing further happened until 2021, when Ms Chan, still a free woman without convictions, moved to Australia, where she has lived and worked ever since.

However earlier this year she returned to Hong Kong and was then arrested and charged with the offences involving her unruly rucksack. Nothing remarkable so far. Cases dating back to 2019 are still coming before Hong Kong courts, although apparently the government now accepts that most of the thousands of people who were arrested will never be charged with anything.

Why am I bothered? Because at the time of her arrest Ms Chan was aged 15. She was a schoolgirl, a juvenile in the eyes of the law. Now she is an adult, appearing in an adult court and facing possible adult penalties.

This is not supposed to happen. The law sensibly has a less abrasive approach to juvenile defendants than it does to adult ones. There are differences in procedure and also in the penalties which can be imposed in case of a conviction. There are also reporting restrictions.

This system only works if prosecutors get their act together in a reasonably quick fashion and get the case into court while the juvenile is still a juvenile. When I was a court reporter we still covered juvenile cases (the public is not admitted but media reports of a limited kind are allowed) and the hearing commonly occurred within weeks of the alleged offence.

I do not recall any case in which the prosecution of a juvenile took so long that the matter had to be heard in an adult court. This routinely occurs in Hong Kong.

In defence of the prosecutors it will be said that Ms Chan was responsible for some of the delay because she could not be prosecuted while she was not in Hong Kong. That is one way of putting it. After all Hong Kong citizens are not required by either law or morality to hang about in Hong Kong waiting for the justice machinery to churn through their paperwork if they have things to do elsewhere.

I note also that in 2021, when she left, she will already have been 17, on the brink of legal adulthood. The further five years have sufficed only to remove her from the further protections provided by the Court of Appeal’s sentencing guidelines for people under the age of 21.

I express no opinion about Ms Chan’s guilt or innocence, on which the magistrate is now pondering. I do believe that having fallen so far below the standards expected of prosecutions in cases involving children the Department of Justice should not have brought this case at all.

The department’s guidelines for prosecutors (echoing numerous human rights instruments, including our local one) say that defendants are entitled to a trial within a reasonable time. What the department’s denizens seem to have trouble getting their heads round is that this may vary with the age of the accused.

It may be acceptable (God help us) to keep an adult waiting for seven years. For a juvenile even seven weeks could be considered excessive. Faced with a kid in trouble the case needs either to be diverted into a high-speed channel from the bureaucratic pipeline where it has to float along with the rest of the legal excrement, or fished out and dealt with promptly by whoever owns the relevant in-tray.

Depriving young defendants of the benefit of the provisions expressly provided for them is a rank and undisputable injustice, whether it is perpetrated as a deliberate abuse or an unintended result of a sluggish system. Children should be treated as children.

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Freedom of expression? Blessed are the pessimists

June 27, 2026 by timhamlett

For a fairly depressing experience, try reading the Court of Final Appeal’s decision on the question whether it is acceptable for the government to make it a crime to encourage people not to vote. Of course it is all right. This does not come as a surprise. As Alexander Pope put it, “Blessed are the pessimists, for they shall never be disappointed.” The judges’ conclusions lived down to expectations.

Well I do not propose a critique of the decision. This would be pointless. The law is, in the end, whatever judges decide it is.

The interesting thing about the judgment written by Chief Justice Andrew Cheung, and unanimously endorsed by his colleagues, was what was said, or implied, about what you might call the surrounding area. Granted that the restriction on advocating election boycotts was an acceptable restriction on freedom of speech, what areas are we left with?

Consider, for example, a generalisation during what you might call the warm-up phase: “Debate and discussion during an election period concerning whether to vote, for whom to vote, and whether the election is being conducted openly, fairly and honestly are plainly matters of importance.”

May we deduce from this that having allowed the government to curtail discussion of whether to vote, judges will in future defend the right to discuss whom to vote for, and whether the election is open, fair and honest?

There are, I think we can infer from the turnout in the last district polls, among us some deluded citizens who think the elections were neither open nor fair, and as that is the case the question of honesty does not really arise. They may think that the electoral system merely pastes a rather ineffective figleaf over an entirely predictable exercise of China’s undisputable and unlimited sovereignty, that a Chief Executive “election” with only one candidate lacks a certain je ne sais quoi in democratic respectability

But if one of these unfortunate people were to express this view in a public forum, what would happen? Our government’s reaction to public criticism of any kind, even from its most dogged supporters, tends to fall in the range between tetchy and outraged.

It also appears that with so many recycled police people in the administration, the reaction to opposition is like that of the man with a hammer to whom every problem looks like a nail. Ungrateful people and organisations should be arrested and charged. If there is no convenient law permitting this we should explore the uses that can be made of inconvenient ones, so independent bookshops get raided, independent news outlets get tax demands, independent restaurants are inspected…

This seems a long way from the world inhabited by Chief Justice Cheung, who observes that the law on boycott calls “is confined to the election period and to acts of public incitement. At other times and on other occasions, the right to freedom of expression remains unaffected.”

Does it indeed? I suppose private incitement enjoys a certain amount of freedom because it is private. As the old Lancashire saying has it, “what the eye doesn’t see the heart doesn’t grieve over.” As a potential practitioner of public incitement, though, I remain unconvinced by the time limit. Would 1,000 words on the deficiencies of Hong Kong elections under the current system pass unnoticed if published outside the election period? Would it make any difference if they were in Chinese? Would it make any difference if they had been written by some reviled target figure like Ted Hui?

Far be it from me to suggest that the Court of Final Appeal has erred. It is difficult though to acquit the court of the charge of complacency. Freedom of expression is an endangered species and it would be nice to think judges would protect it. Perhaps this was not a suitable case for a demonstration of judicial zeal for the defence of an important human right. Perhaps there will never be a suitable case…

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Small regulation causes big punch-up. Seconds out!

June 17, 2026 by timhamlett

We do not, thank goodness, have a local equivalent of Multiple Martial Arts on the White House lawn. But sensation seekers in search of a good punch-up can always depend on the relations between the Hong Kong government and its overseas critics.

So to an interesting piece of micro legislation, the Safeguarding National Security (Procedural Matters) Regulation. The main purpose of this, we are told, is to “clarify” what is a case involving national security.

This point is supposed to be covered by the local nat sec ordinance’s Section 7, but that masterful work, after naming three sets of legislation, concludes with “other offences endangering national security under the laws of the HKSAR”. Which offences might those be? According to the regulation this will be decided on a case-by-case basis by the HKSAR Chief Executive, who will issue a binding certificate which the court concerned must follow.

This is not new. The CE has this power under Article 47 of the 2020 nat sec law. The local nat sec law, aiming for patriotic overkill in this as in other matters, also specifically authorises the CE to create new offences, punishable with large fines or seven years in jail.

So does the new regulation change anything? Well in the Blue Corner we have the Washington Post editorial board: “At China’s behest, the city says people can now be charged retroactively for crimes that didn’t exist when they allegedly committed them… Under updates which took effect this week, the city’s chief executive can classify any case as a national security crime under the 2020 law, even when the alleged offense was committed before that law took effect.”

The board also points out that “Being charged with a national security offense carries enormous consequences for defendants. They can be jailed immediately and held for longer pre-trial detention periods. They are denied the ordinary presumption of innocence and denied bail. And they can be denied their choice of lawyer…”

In the Red Corner we have the HKSAR outraged press release department and a full deployment of the usual vocabulary: irrational anti-China stance… double standards … hypocrisy and double standards … ignorance of facts … falsely and maliciously claimed … betrayal of the basic tenets of responsible journalism …shocking, irresponsible and totally unacceptable behaviour … dirty tricks … bold-faced lies to smear the HKSAR.

The spokesperson (who is not, in my view, qualified to comment on what might or might not be responsible journalism) did get in some factual stuff, which went like this: “the Procedural Matters Regulation has no retrospective effect at all. It does not create any new offence or alter the penalties of any offence. It certainly does not turn any lawful conduct into an offence. It is not applicable to legal proceedings that are concluded.”

The spokesperson thought that this would be obvious to anyone who studied the regulation and observed the relevant Legco meetings. Well pardon me for not observing the Legco meetings. What legislators say in meetings is not law and what officials say they will do with upcoming law changes often turns out to be unreliable.

However we can look at the regulation and here we have to award some points to the spokesperson. It does not create new offences, it does not (at least not directly) alter the penalties for offences and it does not turn lawful conduct into an offence, which means the same thing as not creating new offences.

Defenders of the Washington Post, on the other hand, are not helpless. They can point to the regulation’s Section 2(a), which provides that the CE’s certificate is valid “regardless of whether the act was done or the prosecution was brought before, at the time or after the HK National Security Law came into operation.”

I take this to mean that if you are charged with an offence allegedly committed in 2019, before the Nat Sec law’s appearance in 2020, the CE can still by certificate turn this into a national security case, to be conducted under the nat sec case procedure. In many jurisdictions the idea of a seven-year-old offence being wheeled into court would be outlandish but here we still have thousands of people who were arrested in 2019 and have been neither charged nor told that they will not be.

So what can we conclude from all this? The Washington Post clearly did not put its misgivings about the regulation accurately. The regulation does not make something illegal which was not illegal before, and in that sense is not retroactive. On the other hand the Post has a point: changes to procedure may be retroactive and these have important implications for defendants.

The SAR’s spokesperson was too busy throwing abuse to consider this point. Would it be too much to hope for reasoned debate about matters of this kind?

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