decline in freedom in hk's non-democratic system? hong kong human rights monitor mr. law yuk...
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Decline in Freedom in HK's Non-democratic System?Hong Kong Human Rights Monitor
Mr. Law Yuk Kai Director
April 2010
One Country, Two Systems
Sovereignty
High degree of autonomy
HK people running Hong Kong
Unchanged way of life
Separation of power
separation of executive, legislative and independent judicial power
Power Returning of the Chief Executive and
the Legislative Council Operation
Protection of Human Rights
Sino-British Joint Declaration on Hong Kong and the Basic Law
Constitutional provisions on human rights
Basic Law: Article 39
Article 39 of Basic Law
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 shall remain in force and shall be implemented through the laws of the Hong Kong Special Administrative Region.
The rights and freedoms enjoyed by Hong Kong residents shall not be restricted unless as prescribed by law.
Such restrictions shall not contravene the provisions of the preceding paragraph.
Institution to protect human rights
Local level: the 3 powers, local human rights organization, civil society, individuals
International Human Rights Mechanisms: UN treaty system UN charter system
Evaluation
Threats and protection of human rights
Central authorities Local level:
The 3 branches, Human rights institutions like EOC
civil society and individuals
Self censorship & Press freedom The 2007 survey by HK Journalists Association: 30% of respondents admitted having committ
ed self-censorship over the past 12 months 40% believed either their colleagues or superv
isors having done so 46.2% agreed that in comparison to 10 years a
go, the government intervene more with the press
58.4% perceived that the press freedom has deteriorated since the handover
Types of broadcasting Government B
roadcasting
Commercial Broadcasting
Public Service Broadcasting
Broadcast for the authority
Broadcast for profit
Broadcast for the people
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公共
Public Service Broadcasting (PSB)
Public service broadcasting “is broadcasting made, financed and controlled by the public, for the public. It is neither commercial nor state-owned, free from political interference and pressure from commercial forces. Through PSB, citizens are informed, educated and also entertained. When guaranteed with pluralism, programming diversity, editorial independence, appropriate funding, accountability and transparency, public service broadcasting can serve as a cornerstone of democracy.”
—— the United Nations Educational, Scientific and Cultural Organiszation, (UNESCO )
Nature of PSB Citizens’ participation: Production,
financing and monitoring by the public To serve the public as the aim Free from interference: neither commercia
l-owned nor state-owned Diversity: diversity of opinions and
programs, including values of minorities Independence: editorial independence Good governance of organization:
accountable & transparent Financially sound Contribute to democracy
How does PSB relate to society
source of information and values
platform for voicing opinions space for creativity entertainment enhance democracy
RTHK and Public Service Broadcasting
In practice, RTHK is performing most of the duties of Public Service Broadcasting – It strives to be a Public Service Broadcasting
RTHK is not yet a genuine Public Service Broadcaster: It is a dept subordinate to the govt: thru programming, personnel and financial and other regulations and controls, the operations of RTHK are interfered by the govt
There are numerous cases of RTHK of political interference
RTHK does not have a set of reasonable accountable system – but with reasonable distance to ensure editorial independence
Review of Public Service Broadcasting
The 2 reviews: insincere consultation, selective acceptance, lack of options
The Government opinion poll Leading and loaded questions (questionnaire in Chinese) 「你同唔同意香港電台繼續以政府部門身分,提供公共廣播
服務呢?」 (Unofficial translation: Do you agree that RTHK continues to be a Government department in providing public broadcasting service?)
「你同唔同意成立主要由非政府人員組成嘅跨界別顧問委員會,有助提升香港電台嘅管治水平同加強問責性?」 (Unofficial translation: Do you agree that the establishment of a broad-based Board of Advisors comprising mainly non-official members could help enhance the corporate governance of RTHK and its accountability to the public?)
Decision: PSB run by a gov’t deptRTHK “should remain as a Government department to fulfill its role as a public service broadcaster”
RTHK will be under the Commerce and Economic Development Bureau which oversees RTHK’s modes of service delivery, programming directions, performance evaluation, financial planning and control. RTHK will also be bounded by all bureaucrat rules and regulations in personnel, procurement, financial, etc. inconsistent with the need of a media body.
personnel decisions in respect of the Director of Broadcasting and all other staff: in the hands of the government
monitored by the Broadcasting Authority and the Audit Commission
The Govt. maintains influence and ultimate control: RTHK is incapable of being a PSB by definition
Board of Advisors for RTHK Said to be:
A high-level advisory body only: has no executive power. to advise Director of Broadcasting on all matters pertai
ning to editorial policy, program standards and the quality of RTHK programs;
should not be involved in the day-to-day operational and editorial decisions of RTHK, which are matters to be dealt with by Director of Broadcasting and his team.
Members: with diverse backgrounds and political neutrality
Appointment: All members will be appointed by the CE
Problems in these decisions Editorial independence: no details provided The charter – non legally-bind document Provide public service broadcasting but based on specified purposes def
ined) by the Government: Sustaining citizenship and civil society. Fostering social harmony and promoting pluralism. Establishing education value and promoting lifelong learning; Stimulating creativity and excellence to enrich the multi-cultural life
of Hong Kong people. Monitoring and scrutiny of the government is not recognized as a
specified purpose/function of RTHK while requirements in respect of national identity, standards and types of program are imposed
HK Govt. decided to Establish Board of Advisors
Authority and status beyond usual advisory bodies: (a) advise Director of Broadcasting on all matters pertaining to e
ditorial policy, programme standards and the quality of RTHK programmes;
(b) conduct regular public standards reviews to track how well RTHK programming meets up to audience expectations;
(c) Give suggestions based on reports on the performance evaluation of RTHK to improve service delivery;
(d) Advise Director of Broadcasting on matters relating to community participation in broadcasting on radio and TV channels, including advising on the rules for the distribution of the new Community Broadcasting Involvement Fund proposed; and
(e) commission studies and research on issues pertaining to the achievement of the public mission of RTHK.
Director of Broadcasting’s obligations: to submit reports, and to explain to the Board of Advisors if he/she does not accept its recommendations
suggestions not acceptedRefused to accept any suggestions that prote
ct RTHK like Increase Member(s) with media background to
avoid people with little knowledge of broadcasting hindering RTHK’s professional decisions
Include employees representatives Committee members recommended by the p
ublic, media and community organizations Committee members’ obligations to respect
editorial independence Committees members subscribing to values of
public service broadcasting open meetings
Lack of diversity in broadcasting
Spectrum policy repugnant to diversity in broadcasting
Government hinders the development of Public access channel
Too few radio and television channels…should be more diversified and allow the development of community radio
Criteria on the issue of license – bias in favour of big business: too much stress financial and technical capacity
The improper dominant role of the government in the policy and decision on licensing
Citizens’ Radio
Broadcasting: Lack of diversity Citizens’ Radio: Activists learned from Taiwan
-- Challenge the licensing system by authorised broadcasting
Selective enforcement: cut off line to let go pro-establishment figures who had participated in the program of Citizens’ Radio
Court judgments: ups and downs Limited reforms by the government triggered
Peaceful assembly and police power
Rights protection: International human rights treaties, the Basic Law and the HK Bill of Rights
Regulations: Public Order Ordinance, Police Force Ordinance, Crimes Ordinance, Environmental hygiene legislation …
Political role in policing: selective enforcement
Check & balance: executive, legislative, judiciary and Independent Police Complaint Council
Important Cases
The ebbs and tides in rights protection Cases: Protest on the Handover, World Bank Aunnu
al Conference, desecration of the national flag Case of the van carrying a paper coffin Falun Gong: venue denials, banner confistication,
unfounded charge for public obstruction, immigration cases
Judicial activism: Public Order Ordinance provision on Ordre Public declared unconstitutional in Leung Kwok Hung’s case
Recent controversies Assaulting police officer – selective c
harges Bodily search Heritage and environmental protect
ion cases Protests in the vicinity of the Govern
ment House and the Liaison Office of the Central Government
Regional Crime Unit (RCU) (Hong Kong Island)
What’s next?
The political role of the Police Force and other government agencies
The article 23 and anti-terrorism The relationship between Democr
acy and Human rights protection
Hong Kong Human Rights Monitor
Contact Method Tel: +852 2811-4488 Fax:+852 2802-6012 Email: [email protected]