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basic law

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YJ Xue

on 17 May 2012

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Transcript of basic law

Introduction
Basic law
-Article 27
Attitude toward demonstration
Repeat user
Few
(cc) photo by twicepix on Flickr
(cc) photo by tudor on Flickr
Freedom of media
Analysis And Critical Thinking
Relevant Regulations
Public Reaction
The Replacing of NG Chi Sum
CUHK Student Newspaper &Next Media Animation
(cc) photo by theaucitron on Flickr
(cc) photo by theaucitron on Flickr
Freedom of procession and demostration
article 27
Hong Kong residents shall have freedom of speech, of the press and of publication; freedom of association, of assembly, of procession and of demonstration; and the right and freedom to form and join trade unions, and to strike.
Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.
article 35
Future
Hong Kong
Critical
Thinking
Results
Question 3
Question 2
1. The positive
and negative
impacts of
demonstration
Will it be better?
Freedom of Speech, of the Press And of Publication
the same law in mainland China----


For demonstrators:
Positive –
Voicing out their thinking and fighting for their rights
Showing their rational and independent thought
Improving the political participation consciousness and ability
Negative –
Infections
Being affected by other participants,
intensifying the conflict
Overreaction
: some demonstrators may out of control and go bananas
Basic law
---Article 27
Recent hot issues
For Society:
Positive –
Improving the social cohesion and social responsibility
Getting united
Exposing the social problems and motivating the development of democracy
Popularizing social participation
Negative –
May led to
violent conflict and injure the public interests
. Eg : smashing the shops near the street
Misleading

some people
who have lower level of the intelligence, such as the children (
aimless
: pay attention to form and lack of understanding the causes and deep meaning)
Leading to traffic and security problems, disturbing the normal work and daily life
Enjoy the same level of speech, press as well as publication
why we need article 27?
Chapter III of the Basic Law guarantees a wide range of personal freedoms to be enjoyed by Hong Kong people. The provisions of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and international labour conventions as applied to Hong Kong continue to remain in force. (BL Articles 27-39) The extensive personal freedoms of Hong Kong people is borne out by, for instance, the facts that demonstrations are a part of every-day life in Hong Kong, and that newspapers regularly comment on or criticize government decisions and policies and people say what they want in Hong Kong's open society.
e
What do these issues all reflect?
For Government:
Positive –
Bringing the government scare off role
Supervising the government work
and improving the efficiency
Making the government
conduct the policy cautiously
Negative –
Requiring a large number of police force
to maintain order
ResultThe number of students surveyed Mainland Students: 53 (mainland students in Lingnan university & Junior high, senior high school classmates) Local Students: 53 (Local Lingnan university students)
2. What
to do?
For demonstrators:
Summing up the
experience
:
Plan and prepare the
emergency solving strategy
in advance
Understand the law
and the issues thoroughly and
set a clear aim
Keep calm
and avoid intensifying conflict
Correctly guide
the public
For Government:
Balancing the benefits
of the demonstrators and the public:
Specify the
regulations and laws
about demonstration
Communicate
with the sponsor to understand their needs and give them
advice and assistance
Ensure public
security
and public
order
Instance:
Wenzhou Train Collision
Background:

Officials responded to the accident by hastily concluding rescue operations and ordering the burial of the derailed cars. These actions elicited strong criticism from Chinese media and online communities. In response, the government issued directives to restrict media coverage, which was met with limited compliance, even on state-owned networks.
Still do not worry
about so-called "artical 23"
The freedom of speech in Hong Kong was
well exercised in this case
One of the basic aims of making article 27 is also to
protect the citizens right to know
In Article 27, public media are given the right to
not to be forced
Mainland China: The events of Wukan
Or Worser?
2.
Freedom of association, of assembly, of procession and of demonstration
Limitation of what is allowed to say
Does the rejection of sex section of CUHK student newspaper aggress the freedom of the press?
Is Next Media Animation abusing the freedom of publication?
Otherwise, people might be pu nished because of saying sth against the authority
Two kinds of speech:
High-value speech: usually includes political, religious, cultural and artistic speech.

Low-value speech: usually includes commercial, obscene, libelous, provocative or hateful speech.
Hide the truth

Children being exposed to the information without factual basis.

Cause chaos in society
The current situation of HK’s freedom
Some people are worried that the degree of freedom in Hong Kong is declining, while it is increasing in mainland.
It can be seen in many recent issues happened in HK. The public think the Police’s suppression on students’ expressions of their views is rude and unreasonable.
Is the HK Police doing the right thing ?
According to the basic law Article 27 and Hong Kong Bill of Rights, the police’s policy is to make it convenient for all legal and peaceful public gathering/ demonstrations, while at the same time reduce the impact on other public citizens and road users.
In other words, it depends on what kind of demonstration it is.
The HK Police’s responsibility

The Police should balance between protecting citizens' exercise of the right of freedom and maintaining social safety and order.
Reflection
Although there are many unpleasant events happened which arouse a great concern in the public about HK’s freedom, we think HK is still very free in all aspects of society compared to mainland.

The HK people should be aware of their right and use it in a justified way.
The freedom of the press
cannot be abused
by some media
The aim that the basic law protects the liberty of the press is to provide an
organized public media
Not absolute freedom but proper freedom
When exercising the freedom, media should
not infringe other laws
and other people's rights
The current situation of HK’s freedom of speech
Some people are worried that the degree of freedom in Hong Kong is declining, while it is increasing in mainland.

It can be seen in many recent issues happened in HK. The public think the Police’s suppression on students’ expressions of their views is rude and unreasonable.
The HK Police’s responsibility

The Police should balance between protecting citizens'
exercise of the right of freedom and maintaining social
safety and order.
Summary , Conclusion & Reflection
Article 27

Freedom
What is real freedom?
Classification of speech
Two kinds of speech:

High-value speech
: usually includes political, religious, cultural and artistic speech.


Low-value speech: usually includes commercial, obscene, libelous, provocative or hateful speech.
Negative effect caused by misuse of the right
Hide the truth

Children being exposed to the information without factual basis.

Cause chaos in society
Is the HK Police doing the right thing ?
According to the basic law Article 27 and Hong Kong Bill of Rights, the police’s policy is to make it convenient for all
legal and peaceful
public gathering/ demonstrations, while at the same time reduce the impact on other public citizens and road users.

In other words, it depends on what kind of demonstration it is.
Reflection
Although there are many unpleasant events happened which arouse a great concern in the public about HK’s freedom, we think HK is still very free in all aspects of society compared to mainland.

The HK people should be aware of their right and use it in a justified way.

The HK Police should dedicate to defending citizen's right.
Freedom of speech
Freedom of speech is ……


The right of speaking and listening to others presenting their views freely according to their wishes.
Excessive freedom or abuse of freedom leads to disorder.


Doesn’t mean it has no restriction.
These days, both Hong Kong and Mainland China have some demonstrations.
http://www.isunaffairs.com/?p=2112
"Why is the self-censorship by the press in Hong Kong becoming much stricter today?"
"Is the liberty of speech in Hong Kong facing challenges nowadays?
Is it facing a retrogression?"
"What should Hong Kongers react to this kind of retrogression?"
According to Article 27, public media are given the right as
government supervision
, which should not be infringed
It is especially when the party is a
public character
, and the speech mention the freedom of speech should be highly respected and examined
Mainland
Public Opinion Programme, the University of Hong Kong The freedom of the press:http://hkupop.hku.hk/chinese/popexpress/freeind/freeq59/poll/datatables.html
enjoy the role play!
the rating is suffering a decline these recent years
the recognition rate of the freedom of the press has been rising since 1997
People nowadays are more aware of the importance of the liberty
Hong Kong citizens require hgher-standard freedom of speech and of the press
Limitation of the internet has already been decrease
Inside the party, members have already enjoy more and more freedom of speech
More likely to be better
(cc) image by nuonsolarteam on Flickr
Hong Kong

Article 27: "Hong Kong residents shall have
freedom of speech, of the press and of publication;
freedom of association, of assembly, of procession and of demonstration; and the right and freedom to form and join trade unions, and to strike."
Mainland China
Article 35:"Citizens of the People’s Republic of China enjoy
freedom of speech, of the press,
of assembly, of association, of procession and of demonstration."
Chunying Leung succeeded in the CE election a couple of days ago. Some Hong Kong people thought that the Communist Party of China (CPC)
intervened of the chief executive election in Hong Kong
and
broke “One Country Two Systems”
.
To
voice out their objection
and dissatisfaction, Hong Kong people launched the demonstration on 1st April.
New Stage for the Freedom of Speech
Growing up of the
netizen
Internet: a new stage to voice out
Through
spoofing
,
netspeak
- a new way to exercise the freedom of speech when facing restriction
But meanwhile, it is also a
freaky communication style
originate from the restricted power of citizens
The stage requires
proper regulation
Are
rumours
also a kind of abusement of the liberty of speech?
Recent Hot
Topics
video link:
http://my.tv.sohu.com/u/vw/16200478
Hong Kong: 1st
April Demonstration
Example
Hong Kong still holds a high-standard freedom of speech, but still facing some
challenges
The freedom of the press
cannot be abused
and should be within the other basic laws
In Article 27, public media are given the right as
government supervision
, which should not be infringed
"Why is the self-censorship by the press in Hong Kong becoming much stricter today?"
"Is the liberty of speech in Hong Kong facing challenges nowadays? Is it facing a retrogression?"
"What should Hong Kongers react to this kind of retrogression?"
In September 2011, several hundred to several thousand villagers at Wukan
protested that the officials sold land to real estate developers without properly compensating the villagers
. Protesters held signs saying "give us back our farmland" and "let us continue farming“.
During that time, the relationship between police and civilians were
in conflict
, or even fighted with each other.
Comparing the Similarities
Influences
Comparing the Differences
(cc) image by nuonsolarteam on Flickr
April 1st Demonstration

1.
Last for only one day
2.

Without
any reported
casualty

3.
No violence happened and
went smoothly and peacefully
4.
The primary target is all the Hong Kong people
5.
The objective is to show their objection and dissatisfaction
6.
Single direction: the government gave no response
The events of Wukan
1.
Last for several monthes
2. One of the organizers
Xue Jinbo
died
3.
Police and civilians were
in conflict
4.
The primary target is the villages of Wukan
5.
The objective is to ask for a solution
6.
Double direction: the government responded but couldn’t solve the problems
"Why is the self-censorship by the press in Hong Kong becoming much stricter today?"
"Is the liberty of speech in Hong Kong facing challenges nowadays? Is it facing a retrogression?"
"What should Hong Kongers react to this kind of retrogression?"
What's your opinion about the freedom at HK?
Analysis
1.About the political issues
2.Launched legally by civilians
3.
Extensively participated by the public
More likely to be better
April 1st Demonstration

1.
another embodiment of
democratic thought

2.
another important symbol of democratization in Hong Kong
3.
arousing people’s
civic awareness and social responsibility
The events of Wukan

1.historical turning point of China’s civil rights movement
2.
the symbol of events of the democratization process of China
3.
the pacemaker and model to other places
Regulation of what can be said online has already been waken
Example
Conclusion
of these two issues
democracy at HK is mature while in mainland China just started the stage
correction and struggle
towards the unlimited expansion of capital and power
achieve the result of fair and balance
Therefore,
It is of great prossibility that the freedom of speech, press and publication will be widen
1.
Demonstration is a reflection of democracy.
Conclusion of “Freedom of association, of assembly, of procession and of demonstration”
Revelant Regulations
2.
Starting point of the demonstration & the ways make it a big difference
3.
Exercise the rights within the law
Question 1
Survey
Degree of development in democracy and law
Civic rights consciousness. How complicated and cumbersome the demonstration application procedure is.
People’s acceptance level to the policePolice’s responsibility and conscientiousness: keep order & ensure public safetyLawbreaking, public disorder 1. Oral warning 2. Give a sign to use force
Question 4
Not all demonstrations can solve problems. Not all demands can be met. Due to public voice pressure, government sometimes makes concession.
of these two issues
Sources: http://www.epochtimes.com/gb/12/3/30/n3554453.htm%E9%A6%99%E6%B8%AF%E6%B3%
http://kurtlau.blogspot.com/2012/03/blog-post_1805.html
Sources:http://tuidang.org/td/action/people/13332461895819.html
Sources: http://www.dffy.com/fayanguancha/rd/201112/26849.html
Tokie 1161423
Dao 1125261
Jael 1190046
Shadow 1131985
Amanda 1163641
Sharon 1154169
Index 1150589
1
Q & A
Full transcript