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: info@hkhrm.org.hk