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Hong Kong’s courts in firing line as Beijing rewrites rulebook

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Hong Kong’s courts in firing line as Beijing rewrites rulebook

Kuala Lumpur, Malaysia – When Hong Kong’s Monetary Secretary Paul Chan addressed a latest authorized discussion board, he highlighted the power of town’s courts to make rulings with out interference because the “cornerstone” of worldwide companies’ confidence within the monetary hub.

Now the independence of Hong Kong’s British-inherited judiciary, ostensibly assured beneath a system often known as “one nation, two techniques”, is beneath renewed scrutiny as China’s Communist Celebration (CCP) appears set to rewrite the foundations for the upcoming nationwide safety trial of a newspaper tycoon identified for opposing Beijing.

The case towards Jimmy Lai, founding father of the defunct Apple Day by day, embodies tensions between Hong Kong’s efforts to advertise the autonomy of its frequent regulation system to buyers and Beijing’s view of the regulation as an instrument of state energy.

In Hong Kong’s courts, Lai, essentially the most high-profile determine to go on trial beneath a Beijing-drafted nationwide safety regulation (NSL), has argued efficiently towards prosecutors for the correct to rent a British defence lawyer of his selecting.

After Hong Kong judges dominated in Lai’s favour for the fourth time on Monday, town’s Chief Govt John Lee mentioned he would ask Beijing to make clear whether or not international legal professionals can be part of instances involving the NSL.

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Beijing imposed the sweeping laws, which has virtually worn out town’s once-vibrant political opposition and civil society, on the territory in 2020 following months of at-times violent pro-democracy protests.

Lee, who made the announcement after pro-Beijing politicians and state media denounced the courtroom’s rulings, mentioned authorities lacked the means to make sure a international counsel doesn’t have a battle of curiosity or isn’t “compromised or in any approach managed by international governments”.

Abroad legal professionals will not be unusual in Hong Kong and have taken on instances each on behalf of, and towards, the federal government up to now.

The Standing Committee of the Nationwide Individuals’s Congress (NPC), China’s rubber-stamp legislature, which formally has the authority to interpret the Primary Regulation codifying Hong Kong’s colonial-era rights and freedoms, is anticipated to difficulty a decree barring international legal professionals quickly.

Lai, who’s going through as much as life in jail beneath sedition and international collusion costs, is scheduled to go on trial from December 13, after Hong Kong’s Division of Justice requested an adjournment of the case in anticipation of Beijing’s resolution.

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Beijing has overruled Hong Kong’s high courtroom simply as soon as earlier than, in 1999, in a choice concerning the residency rights of mainland Chinese language within the territory – though it has given its interpretation of town’s legal guidelines on 4 different events.

Media mogul Jimmy Lai is going through as much as life in jail beneath sedition and international collusion costs [File: Kin Cheung/AP]

Eric YH Lai, a non-resident fellow at Georgetown Regulation who specialises in Hong Kong and mainland China’s authorized techniques, mentioned the Lai case, and the Hong Kong authorities’s latest resolution to invoke emergency powers after a courtroom dominated towards its COVID-19 vaccine move coverage, forged doubt on town’s perception in judicial independence.

“As these situations will not be restricted to problems with nationwide safety but additionally public well being, worldwide enterprise shall realise that the autumn of judicial independence and the rule of regulation wouldn’t stay within the political realm,” Lai, who is not any relation to the media mogul, advised Al Jazeera.

“Their pursuits counting on an impartial courtroom could be jeopardised ultimately.”

In an announcement, the Hong Kong Judiciary mentioned its train of judicial energy, together with that of ultimate adjudication, wouldn’t be affected by the choice to request an interpretation of the NSL.

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“The judiciary respects the chief govt’s resolution to request an interpretation of the NSL from the NPCSC as a way to make clear the related points,” a spokesperson advised Al Jazeera.

The spokesperson added that the Standing Committee has the authority to interpret the NSL, which overrides different legal guidelines in Hong Kong.

Hong Kong Bar Affiliation Chairman Victor Dawes mentioned earlier this week that individuals ought to watch for Beijing’s authorized interpretation earlier than dashing to judgement, however acknowledged that its involvement would “undoubtedly lead to sure doubts or discussions about our authorized system”.

The affiliation’s earlier chairman, Paul Harris, abruptly left Hong Kong in March after being questioned by nationwide safety police, together with his departure on the airport captured on movie by state-run media.

Inside Hong Kong’s international enterprise neighborhood, which has historically been reluctant to become involved in politics, a key concern is whether or not Beijing’s strikes to convey the courts beneath its management will filter right down to extra routine areas of the regulation.

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For now, many businesspeople look like comparatively unconcerned about Beijing’s tightening grip over the territory.

“Usually, one has to differentiate between industrial regulation and NSL,” the top of a number one international enterprise group advised Al Jazeera, requesting anonymity.

“The enterprise neighborhood cares concerning the industrial regulation and a functioning authorized system. Whether or not or not the 2 might be separated is one other query. However amongst our members, the suggestions is that the NSL isn’t a lot of their concern and so they usually belief within the judicial independence and impartiality of judges.”

The enterprise chief mentioned, nonetheless, {that a} responsible verdict for Lai might do severe injury to Hong Kong’s status whether it is based mostly on something aside from “confirmed information”.

“I believe the punishment shall be harsher than it might be in a distinct jurisdiction with related legal guidelines,” he mentioned.

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“My private opinion: There may be an excessive amount of paranoia concerned on the a part of the Beijing authorities. With the political reform and the NSL, they achieved what they wished – an finish to violence. Now they’re overshooting the goal by making use of a zero-tolerance coverage and take into account everybody who doesn’t sing reward to the CCP mainly a traitor.”

Hong Kong's city bay in the fading light, with towers stretching up to a sky coloured by blue, orange and yellow and in the background, a sun halfway behind a mountain range that sits at the back of the sea
Hong Kong’s standing as a global enterprise hub has lengthy relied on the status of its frequent regulation authorized system [File: Vincent Yu/AP]

Ryan Mitchell, an affiliate professor of regulation on the Chinese language College of Hong Kong, mentioned that whereas assaults on Hong Kong judges’ rulings by pro-Beijing figures are a trigger for concern, the Lai case is unlikely to have an enormous impact on Hong Kong’s standing as a enterprise hub.

“This can be a very politicised case involving sensational media points, the latest protest motion, and – within the authorities’ view – nationwide safety considerations,” Mitchell advised Al Jazeera, including that the courts, usually talking, nonetheless “function based mostly on their conventional commitments to due course of in addition to the precedents and ideas of the frequent regulation”.

“The overwhelming majority of authorized points confronted by international companies or executives come nowhere close to this delicate territory.”

Others see it as solely a matter of time earlier than Hong Kong’s total authorized system is compromised by Beijing’s need for management.

A international enterprise guide, who spoke on situation of anonymity, mentioned he anticipated a technique of “sluggish attrition” for the judiciary.

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“I don’t assume it’s going to be as blatant as within the mainland the place the judges are advised what to do,” the guide, who has lived in Hong Kong for greater than twenty years, advised Al Jazeera, including that it was no shock the federal government would “pull out all of the stops” to place Lai in jail for the remainder of his life.

“I believe right here it’s going to be extra delicate as a result of they will keep the facade of the rule of regulation”.

Some native media have urged Beijing could possibly be making ready to go a lot additional than merely barring abroad legal professionals from nationwide safety instances.

On Tuesday, the South China Morning Submit, citing nameless sources, reported that China’s legislature might limit nationwide safety instances to a pool of specifically designated legal professionals, which might battle with the long-established precept that defendants are entitled to the illustration of their selecting.

Underneath the NSL, Hong Kong’s authorized panorama has already undergone a profound transformation. Amongst different modifications, the laws offers authorities the facility to hold out warrantless searches, removes the correct to a jury trial, locations nationwide safety trials within the fingers of government-picked judges and reverses the presumption of bail.

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In March, two of the UK’s most senior judges introduced they might not sit on Hong Kong’s high courtroom, which incorporates one abroad choose amongst its 5 justices, amid considerations their presence could possibly be seen to endorse the territory’s crackdown on dissent.

HK
Hong Kong inherited its courts system from the UK [File: Elaine YU/AFP]

Regardless of the pressures on town’s authorized system, some authorized figures are cynical concerning the depth of companies’ concern for the rule of regulation.

“Frankly, the Chinese language interference is not going to have an effect on companies,” a authorized knowledgeable, who has labored in Hong Kong for a number of many years, advised Al Jazeera, requesting anonymity.

“Autocratic governments didn’t cease abroad companies, universities and many others attempting to make a buck in mainland China.”

“Throughout Occupy Central,” the authorized knowledgeable added, referring to Hong Kong’s pro-democracy protests in 2014, “the main chorus from massive enterprise was how inconvenient it was to get to work with roadblocks”.

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Cambodia's prime minister bans musical horns on vehicles to curb dangerous street dancing

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Cambodia's prime minister bans musical horns on vehicles to curb dangerous street dancing
  • Cambodian Prime Minister Hun Mane has issued a ban on musical horns after videos on social media depicted people dancing on roadsides.
  • Mane instructed the Ministry of Public Works and Transportation and police nationwide to remove tune-playing horns from vehicles.
  • The ban has already been put into effect by provincial authorities, and Hun Manet voiced its nationwide enforcement.

Cambodian Prime Minister Hun Mane has ordered a ban on musical horns, after videos posted on social media showed people dancing on roads and roadsides as passing trucks blasted rhythmic little tunes.

Hun Manet, who last year took over the wheel of government from his father, Hun Sen — who led Cambodia for 38 years — called on the Ministry of Public Works and Transportation and police across the country to immediately take action against any vehicle whose normal horn has been replaced by a tune-playing one by ripping it out and restoring the standard honking type. 

He said the measure has already been implemented by provincial authorities, but he wanted to announce it publicly to make sure it was enforced nationwide.

CAMBODIA’S PIONEERING POST-KHMER ROUGE ERA PHNOM PENH POST NEWSPAPER WILL STOP PRINT PUBLICATION

He commented on his Facebook page on Monday that recent social media posts had shown “inappropriate activity committed by some people, especially youth and children, dancing on the roadside to the musical sounds from trucks’ horns.”

Cambodian Prime Minister Hun Manet greets garment workers on Aug. 29, 2023, at Prey Speu village outside Phnom Penh, Cambodia. Mane has ordered a ban on musical horns, after videos posted on social media showed people dancing on roads and roadsides as passing trucks blasted rhythmic little tunes. (AP Photo/Heng Sinith, File)

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Hun Manet said such dancing affects public order and poses a traffic hazard that is a threat to life and limb, not least of all to the dancers themselves. 

2 ANTI-GOVERNMENT ACTIVISTS IN CAMBODIA CHARGED WITH INSULTING KING ON SOCIAL MEDIA

One video shows three young people dancing in the middle of a road while a large trailer truck coming their way lays down a beat.

For Cambodians, there will be no more dancing in the street.

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Biotech strategy launch, Newsletter

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Biotech strategy launch, Newsletter

Key diary dates

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Tuesday 19 March: European Parliament’s committee vote on the reform of EU pharmaceutical rules.

Wednesday 20 March: Presentation of the European Commission‘s first ‘EU Biotech and Biomanufacturing Initiative’.

Tuesday 19-Friday 22 March: European Commission organises Digital Markets Act workshops with gatekeepers.

In spotlight

This Wednesday (20 March) the European Commission is expected to unveil a new ‘EU Biotech and Biomanufacturing Initiative’ .

Despite half-hearted attempts at regulatory simplification in the sector in the past, life science technologies are increasingly drawing attention from policymakers.

Last month Euronews first reported on the health component of this initiative based on a leaked draft document that highlighted a focus on the vibrant biopharmaceutical sector – responsible for providing breakthrough messenger RNA (mRNA) molecules playing an essential role in COVID-19 vaccines.

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But biotech applications are not limited to the health sector, ranging from sustainable sourcing of advanced materials to climate-smart production and other components essential to a fossil-free and circular economy.

A ‘blue’ biotech is also emerging, with new research on aquatic organisms and microalgae fermentation ready for commercial exploitation – not to mention the potential of new genomic techniques (NGTs) for food production, already under discussion by EU lawmakers.

The main goals of this initiative will be to survey the status quo and track future challenges facing the biotech sector to orientate policy efforts in readiness for the next legislative mandate.

Some policy ideas are likely to be proffered, such as a one-stop shop to permit and authorise biotech manufacturing – while a controversial proposal for an R&I tax credit for biotech companies is rumoured to have been shelved for the moment.

This first dedicated attempt to address the sector won’t be the last, with economic security and strategic autonomy likely to be key buzzwords for the next commission.

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Biotech is expected to be a new beat to keep a close eye on and it has already been listed as a critical technology for the continent, together with semiconductors and artificial intelligence.

The defence imperative dominating current commission thinking involves European independence from military aircraft to sourcing these critical new technologies.

Policy newsmakers

@Hahn                                                                                                                   @Wiewiórowski

Commission under data notice

The European Commission was ordered last week to bring its use of Microsoft 365 office programs in line with its own rulebook, after European Data Protection Supervisor (EDPS) Wojciech Wiewiórowski found following an investigation that the commission breached EU rules on transfers of personal data outside the EU. The commission now needs to suspend all data flows resulting from its use of Microsoft 365 to Microsoft and to its affiliates and sub-processors located in countries outside the EU/EEA that are not covered by a data transfer agreement. The commissioner responsible for admin, Johannes Hahn, will have to demonstrate compliance with the orders by 9 December 2024.

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Subscribe here to see the results of last week’s poll and stay informed on the latest EU policy developments with our weekly newsletter, “The Policy Briefing”. Your weekly insight on European rulemaking, policy issues, key events, and data trends.

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Reuters Institute: Research shows women only make 24% of news top editors / FIP

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Reuters Institute: Research shows women only make 24% of news top editors / FIP

New research by the Reuters Institute analyses the gender representation of senior editors in major news outlets across five continents, recording that women fill only 24% of senior editorial roles in the markets surveyed. The findings highlight how gender inequalities can reinforce misperceptions, imbalances, and perceived differences both within journalism and as covered by journalists.

The research “Women and leadership in the news media 2024: Evidence from 12 markets” took examples from five continents, and analysed the gender breakdown of editorial leaders.  Two hundred and forty major online and offline news outlets provided data. 

According to the factsheet, among the 33 news top editors appointed across brands covered this year and last, 24% are women. In some of these countries, however, women outnumber men among working journalists.

Reuters contrasts its new findings with data from the past five years. The proportion of women among the top editors has increased by only 2% since 2020, going from 23% to 25% in 2024. The Institute’s analysis anticipates that, at this pace, gender parity will be reached in such positions only by the year 2074.

Change is not consistent throughout countries, however. If the percentage has increased relative to 2020 in six countries (name them all), it has decreased in Germany by 2% and it has highly decreased in South Africa, from 47% to 29%. 

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Reuters Institute makes clear that “top editorial leadership matters both in terms of how journalism is practised and how it appears in society,” insisting on  how top editors represent the wider public “in all its difference and diversity.”

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