Part 2 (continue from Part 1 of Oct 5): This is somewhat lengthy because I want to elaborate on my views. Think objectively and responsibly for a moment without taking side. In fact, this question should have nothing to do with your stance one way or another. What can a democratic nation offer to its people or what is the ultimate “want” and goal for the people as a democratic nation? Well... - High degree of freedom - Political stability - Equal rights and equal civil rights - Open and transparent voting system in elections - Good legal and independent judiciary system with fairness and justice for everyone - Maintain a safe society for the people governed by rule of law protected under the Constitution - Prosperous and stable economy - Undivided in a state of harmony Bingo! HK has all these…is it perfect? May be not; however, if HK is to put on a scale of 1-100 of democracy level, in my view based on my own experiences living both in HK & in the US under these same conditions, I would rate HK 80+ vs. US 85+ which I would say it’s already a very high rating in democracy because in this world and age, there is no utopia or nation with a 100 point on democracy. With that said, these are what I considered as equally important “software” elements to come to make the evaluation. 10 things HK and other full-democratic nations have in common until the chaos: 1 – HK is governed by the Rule of Law but not by any individual person or officials. The Basic Law similar to that of the Constitution of other democratic nations guaranteeing the rights of HK people. Rule of law and legal system are the basis of the democratic frameworks. Having a well-established legal system and frameworks are as important as the voting system itself 2 - Separation of powers in a government through a system called Checks and Balances in Judiciary, Executive and Legislative to ensure the government cannot over-power and abuse the rights of the people 3 - A mature, reliable, reputable and independent Legal System. Legal framework of HK is based on the English common law used in England and Wales and other Commonwealth countries which Canada is a member of. Right to a fair and speedy trial protected under the Basic Law – Spirit of HK legal system is that everyone under HK law is treated equal and is treated “innocent until proven guilty” 4 - One of the safest cities in the world and HK people live in harmony undivided 5 - Reputable force of ICAC - One of the least corrupted cities in the world among developed nations 6 - Reputable force of Hong Kong Police - One of the safest and lowest crime-rate international cities in the world among developed cities and nations 7 - Democratic freedoms of movement (as in traveling freely inside and outside HK), assembly, expression, press, exchange of information, association, religion guaranteed under HK Basic Law equivalent to US First Amendment of the Constitution 8 - No warrantless search and seizures of properties and assets protected under HK Basic Law equivalent to US 4th Amendment of the Constitution. Other rights protected under Basic Law equivalent to other US Amendments such as 5th and 6th do apply to guarantee the freedom 9 - A high degree of Laissez-faire society. Laissez-faire is French meaning “let-do” or “leave it alone”, “let it be”. It basically is an economic environment in which transactions between private parties are free from intrusive government restrictions and hindrance, with only enough regulations to protect property rights 10 - If HK is not democratic (besides the voting system), no other governments including other developed nations who themselves have issued supportive statements to encourage the protest would give, allow and tolerate as high and as much patience, leeway, tolerance, restrains of unnecessary forces to such disruption, instigation to law violations, illegal use and damages of government properties, illegitimate activities and occupations directed at the HK Government HQ and other areas as a result of the so far 26-day Occupy Central movement. To the contrary, here are 10 things damaging the rule of law and reputation in HK as a result of this prolonged movement which encourages individuals to ignore to obey the laws. 10 things detrimental to HK since the movement: 1 - Protesters have empowered themselves with the right to illegally stop and search government items and emergency vehicles (warrantless search??) 2 - Lives have seriously been disrupted (Civil rights deprived of??) 3 - Right to a speedy trial does still apply but the right of fair trial seems to have been stripped of. People jump to conclusion without solid and indisputable proof. Judgments are based on face value and partially valid information. Now protesters are making those with different views from theirs look “guilty until proven innocent” based on allegations, rumors, biased judgments, and partially valid or misleading information (Speedy trial remains but is this the kind of speedy trial a democratic citizen asks for??) 4 - HK police force is alleged and is made believe to tolerate triad members to take illegal or violent actions against the pro-Occupy Central movement protesters (Fair trial??) 5 - Local business and merchants especially those mom-and-pop size operations have greatly been impacted to conduct normal businesses – loss of sales is significant (Laissez-faire??) 6 - Intimidate the police and other disciplinary forces to submit to their illegal search of items and government vehicles (warrantless search and conducted by non-HK government empowered law enforcement individuals) 7 - Irresponsibly expressed slanted or partially valid information or information taken out of context to frame those not on their side (Freedom of expression??) 8 - Illegally limit the right of non-protesters (such as government employees) entry-exit movements in the occupied areas (Freedom of movement??) 9 - Chaos in HK now as a result of the prolonged movement which no longer makes it a safe city (No longer living in harmony and heavily divided) 10 - Voices heard but continue to paralyze normal activities of HK disregarding the voices of the other 7+million HKongers. Hijacking HK and its other 7+million people hostage until demands are met (Future students and other less individuals learn through this as an example to wrongly believe that in fact threats are the ultimate force that can pressure others to submit to their requests be it willingly or unwillingly) Now the protesters have gone to one extreme with their propaganda. The way they see it is either you’re with them or against them – no middle ground. However, non-supportive of these violent acts does not mean taking a position of supporting the government nor the Chief Executive one way or another, it simply means that their belief may well be valid but the manner and method in which to carry on and make their belief happen is disruptive, detrimental and illegal. If that’s the way of their so-called “democracy” and if HK falls into the hands of these people without any regard to the rule of law and to the rest of the other HK people, then I doubt HK can preserve all the 8 “elements” of democratic cornerstones mentioned above that have so far been pretty much making HK a great and a safe HK with very high degree of freedom and democracy….ironically all these 8 elements exist and guaranteed under the Basic Law before any of these violent, aggressive and illegal acts hijacking HK and its people hostages for a supposedly better democracy or is it?
Posted on: Thu, 23 Oct 2014 06:27:29 +0000
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