HZMB and the Ramifications

I have no idea why I’m involved in the – unfortunately – second trial, on an HK-PRC infrastructure. Last time it was the West Kowloon Station Co-Location arrangement, this time it is the alleged conspiracy to defraud concerning the Hong Kong-Zhuhai-Macau Bridge, a Y-shaped bridge that links three cities together. No, this time it’s not about the irony of how we objected vehemently to the construction, only now to face a more serious, constitutional ramification; this time it is about how Hongkongers are prone and susceptible to twisted and tainted practices, in order to meet contrived and non-existent requirements that would boost an organisation’s reputation. Continue reading “HZMB and the Ramifications”

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九年:由菜園村到一地兩檢

還記得2009年為了興建高鐵,要清拆菜園村嗎?那是為了興建高鐵呢。那時學生們還有居民都站了起來反抗;即使最後徒勞無功,最少也有人在乎過、爭取過不要清拆。當時的你有想過,原來這只是一個序章嗎,原來後來的一地兩檢才是黃雀?現在抨擊自己當時的不智已經太遲了,或者當時真的沒有人想過高鐵通車時的實際執行模式吧。還是,清拆菜園村一事正正展現到香港人只著眼到眼前利益(即居民失去居所),忽略了後面一連串的計劃?

諷刺的是,八年後的一地兩檢、九年後的高鐵通車,我們已經忘了當年有人曾經為著菜園村而押上了前途。當時的你,又有想過,一地兩檢才是最可怕的事?怎麼當時我們都是一面倒說,興建高鐵可以增加就業機會和香港經濟得益;不興建高鐵會令到香港被邊緣化?怎麼我們沒有想到興建高鐵、通車後的問題,才是真正牽涉著香港會不會被併入內地管輆區,失去「香港」的優勢?

一地兩檢是一個看似遙不可及卻迫在眉捷的政策。它是一個危機。今次為什麼社會上好像沒有任何迴響?最多的都是法律學者出來說,這是違反國際法定理;建制派議員說,只要跟隨基本法就好;路人說,不要阻礙香港的經濟發展。身邊的人都沒有評論,法律學院內也鮮有討論,但這是法律上的衝突呢。再理想化的政策,落到極權者手上都是徒然;這根本就是人治,不是法治。到底是我們麻木了「成熟了」懂得自制開心,甘心俯首自欺欺人,還是會發聲的人都已被噤聲,剩下的人都怕了會遇到同樣的下場?或者我們都是溫水中的青蛙,煮著煮著卻發現手腳都動不了?

我們會說旁觀者清。但當我們已不再可以置身事外(因為一地兩檢切切實實地影響著香港的法治,和一國不再兩制)的時候,我們又該如何自處?

——記於一地兩檢司法覆核聆訊前一天

Revamped!

Decided to remove some old posts (that the now-22-year-old me find to be too cringeworthy and personal), and evolve this to a more mature version of myself:

Awakening. 

There would be more social- and law-related posts here from now on, and hopefully, it would not be censored (smh)

Roses

Random piece written after someone gave me a rose.

Warning: extreme incoherence, written in the span of twenty minutes after sending multiple recordings to a friend in the midst of revising for equity and the law of trusts. No answers offered to the questions posed – it is just a record of a train of thoughts.


Last night after the incoming committee’s inauguration, there were some flower arrangements lying around. A girl from the incoming committee approached us retired executives, and handed out roses to us. “This is for you,” she said. “They’re fresh, and smell so nice. It’s such a waste to throw them away.”

Muttering our thanks, our hearts warmed by this warm gesture, we tucked the roses into our bags before leaving for the after party in celebration of the inauguration.

It wasn’t until sixteen hours later, after a few beers, a shower and a good night’s sleep plus one day of studying did I think of something thought-provoking – why were we so touched by the gesture of someone giving us flowers?

Continue reading “Roses”

Not so much about British pride, but still religious undertones

“The conduct of the parabolical priest and Levite on the road to Jericho may have been indeed deplorable, but English law has not so far developed to the stage of treating it as criminal.” (R v Miller (James) [1983] 2 AC 161 at 175, per Lord Diplock)

Finally – there’s a statement that acknowledges the shortcomings of British (this time the legal system), but there’s still a religious undertone to it. The references to Levite, Jericho and the Good Samaritan hmm. Those were the days when religion played a larger part in people’s lives so that is to be understood and accepted; it doesn’t mean it ought to happen as much today.

I just hope that the judiciary can remain impartial to all other potential value influence, be it positive or negative.

British Pride and British Laws

Probably gone a bit mad with law readings 😛


There’s already some debate, out of the scarce few cases that I’ve read, about Judges inputting their own values into their judgments – one of the most notable ones being Lord Atkin’s neighbour principle (Donoghue v Stevenson [1932] AC 562). That aside, however, doesn’t stop me from comparing it (well, somehow) with one of my all-time favourites, Lord of the Flies.

The sense of superiority they feel as Britishmen is unbelievable. Continue reading “British Pride and British Laws”