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    Democratic and Reform Resources Centre, Powered by Joomla! Blog hosting by SiteGround
    27 JUL 2011 列印 E-mail

    Category  

    One Country Two Systems Principle

    Issue 

    • Overseas domestic helpers campaigning for right of abode

    News Content

    • History may mark the day of August 22 2011. A Philippine domestic helper, who has worked in Hong Kong for 25 years, will put her case in the Court of First Instance on that day that she would be given permanent residency.
    • Mark Daly, human rights lawyer and solicitor for the domestic helper said the Immigration Ordinance, which says a person shall not be treated as ordinarily resident in HK…while employed as a domestic helper who is from outside HK, is unconstitutional.
    • However, Joseph Law, chairman of the Hong Kong Employers of Domestic Helpers Association, said he would ask the Hong Kong government to seek an interpretation of the Basic Law from China, if the rule is in favor of the maids. He thinks Hong Kong cannot accommodate such a large influx into the population.

    Questions

    • Seeking an interpretation of the Basic Law from China should not be one of the options. It is a real challenge to the ‘One-Country-Two-systems’ principle and the rule of law in Hong Kong.
    • Long before the case is heard, the vowing to seek for an interpretation of the Basic Law is a bluff, trying to incite public fear and manipulate public opinion. It is another example of populist rule. Remember the Hong Kong’s right of abode campaign in 1999.
     
    22 JUL 2011 列印 E-mail

    Category  

    Constitutional Development

    Issue 

    • Legco By-election saga

    News Content

    • The government officially launched a two-month public consultation on whether the legco by-elections be scrapped. Four options are provided, which include: (1) Giving the seat to the department candidate’s running mate in the last election; (2) restricting legislators who resign from the standing in by-election in the same legco term; (3) holding a by-election only if the legislator is seriously ill or dead; (4) leaving the seat vacant till next election.
    • Secretary for Constitutional and Mainland Affairs Stephen Lam Sui-lung, did not respond directly when asked if the public want the by-election be kept. He insisted the government had a duty to close the loophole.
    • Civic party legislator Ronny Tong argues all four options might breach the Basic Law.

    Questions

    • The consultation is so biased that the government is not open to all possible options as keeping the status quo is not listed as one of options.
    • Secondly, the government does not pay due respect to the public as the government is not ready to take the option which is not listed but possibly widely supported by the majority, in this case, that is maintain the status quo.
    • Thirdly, Lam is not responsible. The government should clear up the problems of constitutionality before laying out the consultation document.
     
    26 JUL 2011 列印 E-mail

    Category  

    Constitutional Development

    Issue 

    • Legco By-election saga

    News Content

    • Secretary for Constitutional and Mainland Affairs Stephen Lam Sui-lung made a frank statement yesterday, saying the option the government prefers is the one that is challenge proof, i.e., to replace the legislator with a candidate from the same party in the previous election.
    • After giving a series of radio interviews yesterday, Lam said the other options might not be desirable if studies in details.
    • Quoting an unidentified source, SCMP reports today that the government lawyers think all the options constitutional, lawful and reasonable. And a similar legal opinion was gained from outside the government, including Profess or Albert Chan Hung-yee, who showed his support to the government proposal last Friday.

    Questions

    • The public consultation had been launched just a few days. The government is just impatient, and just says it in an indirect way. No public opinion is needed indeed, as the government has already made its choice. What a fake consultation. It only lasted for three days.
    • What the government cares is not whether it is approved by the public. Rather it is legally watertight, and then everything will be fine.
     
    25 JUL 2011 列印 E-mail

    Category  

    Constitutional Development

    Issue 

    • Legco By-election saga

    News Content

    • Secretary for Constitutional and Mainland Affairs Stephen Lam Sui-lung, quoting Professor Albert Chen Hung-yee of Hong Kong University said that the four options offered at the consultation document were in line with the Basic Law.
    • In a radio program yesterday, Lam said: there may be some technical issues to be cleared, but we will discuss with the Department of Justice to ensure the final proposal adopted is legal’.
    • Civic Party legislator Ronny Tong said: ‘It is ridiculous for a constitutional minister to borrow a few words from the newspapers.’

    Questions

    • Lam is not doing his job well. At least he should have told the public how the department of justice thinks of the options. Professor Chan’s comment is not strong enough to convince the public.
     
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