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Hong Kong Media Moves: January 2018

Find out who’s moving where in Hong Kong’s busy media landscape, in association with Telum Media. Also, see job listings for the region.

Gerry Doyle now with Reuters in Singapore

Having relocated from Hong Kong to Singapore, Gerry Doyle is now a Top News Editor for Asia at Reuters, where he will work on the region’s biggest and most globally relevant stories in a variety of subject areas, but with a particular interest in security and defence. He brings 20 years of experience having worked in the United States, the Middle East and Hong Kong, and was most recently the Deputy Business Editor for Asia at The New York Times.

BBC Chinese welcomes Heather Yang

Heather Yang is now with BBC Chinese in Hong Kong as Social Media Reporter, where she works on Chinese-language stories across various channels. She was the Social Media Editor for Initium Media and previously covered news across Greater China for Ming Pao.

Ming Pao welcomes Grace Lam

Grace Lam joined Ming Pao this week as a Senior Reporter with a heavy focus on innovation and technology. She previously worked at unwire.hk as a Reporter.

Navin G. Ahuja joins Hong Kong Lawyer

Having recently joined Reuters as the Lead Editor for Hong Kong Lawyer, Navin G. Ahuja now oversees the content of the company’s monthly magazine which provides the Hong Kong legal community with news and insights to keep abreast of the latest legal trends and developments. He was previously with Asian Dispute Review. He completed his Master of Laws and is currently pursuing his Doctorate in Law at City University of Hong Kong.

To notify Telum about your move, or to sign up for Telum’s free alerts, please visit www.telummedia.com

 

 

CHINA JOBS

British Medical Journal – Freelance writers
 
We are looking for writers who are based in, or travel regularly to, China who would like to write short features (1000-2000 words) for The BMJ on a freelance basis to delight and educate our global readership of practising doctors with stories from the country. We have a broad readership and are looking for pieces as you might find in a serious newspaper or magazine like The Economist: fact based, authoritative, and written in plain English.  Ultimately, we want great stories that keep the medical audience in mind and refer back to the evidence. I’d be happy to consider pitches. Please get in touch via email: [email protected]
 
Variety – China correspondent
Variety, Hollywood’s oldest industry trade magazine, is seeking an experienced, versatile, reporter to cover the film, TV, and media sectors in China. The position is full-time, based in China, and comes with a J-visa. The mission is to break news and develop enterprising features for Variety’s website and weekly magazine (in English). Proficiency in Chinese strongly preferred; knowledge of the entertainment industry preferred but not imperative. Applicants should send CV and clips/links to Variety International Editor Henry Chu ([email protected]) and Asia Bureau Chief Patrick Frater ([email protected])

The Economist – News Assistant

The Economist seeks to hire a full-time Chinese news assistant in the Beijing bureau. The basic requirements and responsibilities are: fluent English; research skills; extensive reading about current events, academic research, high politics and social trends; pitching story ideas; identifying interview candidates and arranging reporting trips; translation during interviews; some office management.

Competency and enthusiasm in all the above areas is necessary for the job, but not sufficient. We’d like to see how you think about stories in China: what sorts of stories should we be doing, and why? We are not asking you for a list of ideas–you can tell us what you’ve read that you like or don’t like about coverage of China, and what you feel has been neglected. To that end, in addition to a one-page CV, your application should consist of a cover letter, in English, of no more than 500 words.

Interested applicants please send a CV and a cover letter to [email protected] by the end of business on January 12th.

Belgian/Dutch correspondent – News Assistant

As China correspondent for the Dutch newspaper Trouw (忠诚报) and some Belgian and Dutch weeklies, I am looking for a full-time news assistant in Beijing. Your main job will be to follow up on news in the Chinese media, contact sources, arrange interviews and reporting trips, conduct research and translate/interpret interviews.

Qualifications:

– Native speaker of Mandarin, good level of English (or Dutch)

– Good communication skills, an understanding of European media

– Journalistic values: a critical sense, curious nature and outstanding integrity

– Flexibility / stress resistant / quick problem solving skills / willing to go the extra mile for a good story

– Bachelor’s degree, preferably in journalism or media studies, is a plus

– Former experience in (foreign) media, with references, is a plus (junior position)

I have over thirteen years experience in journalism and can offer you an interesting job experience with lots of travelling in China and opportunities for learning on the job. If you’re interested, send your curriculum vitae and a motivation letter to Leen Vervaeke, [email protected], with ‘news assistant’ in the subject line.

S&P – Reporters 

S&P Global Market Intelligence’s real-time, subscription-based news service is looking to add two journalists to its Hong Kong bureau. The dynamic newsroom is looking for: a senior reporter to cover financial institutions in China (more information here); and an associate editor/reporter to cover Asian media, entertainment, communications and technology sector (more information here). Interested candidates please email their CV to [email protected] and indicate in subject header the role of interest; or they can apply online via the links above.

Women’s Wear Daily – News Assistant

Women’s Wear Daily (WWD) is looking for a part-time news assistant for its newly-set up Beijing bureau. The assistant will be responsible for scanning daily headlines, monitoring social media, transcribing and light admin work, and can be done remotely. WWD is the global leader covering the business of fashion and beauty. Coverage scope includes retail trends, fashion shows, ceo and influencer profiles, textiles, sourcing and manufacturing. For more background please see: https://pmc.com/our-brands/wwd/. Email Tiffany Ap at [email protected] to get in touch.

Considering an investment in Bitcoin? Expert Bobby Lee gives this advice

Don’t be indecisive over investing in Bitcoin – and buy as much as you can, says an expert in the high-value digital cryptocurrency.

Bobby Lee, Co-Founder and CEO, BTCC, gives his tips for investing in Bitcoin. Photo: Sarah Graham/FCC Bobby Lee, Co-Founder and CEO, BTCC, gives his tips for investing in Bitcoin. Photo: Sarah Graham/FCC

Bobby Lee revealed four common mistakes when buying the currency when he spoke to a packed first floor at the FCC on January 3. Lee, owner of cryptocurrency exchange BTCC, pointed out that the longer procrastinators hesitated in buying Bitcoin, the more it increased in value. He cited his own experience, when in 2011 he heard about Bitcoin but decided against investing until a few years later, by which time its value had massively increased.

Another common mistake when investing in Bitcoin was selling the moment it made a small gain – and by small Lee was talking about up to 300%, which, when looked at in the context of the currency’s performance in the last year alone is a drop in the ocean. Long-term gain is worth waiting for, he said.

Lee also advised buyers not to sell during a panic crash. Such a young currency is prone to volatility, he said, so hanging on to it through thick and thin will produce yields.

Despite the mountain of publicity around the cryptocurrency in recent months, during which its value soared to almost US$20,000 then settled back down just over US$15,000 at the time of writing, there remains uncertainty over whether it can actually be used to make everyday purchases. Although a small number of businesses are beginning to accept the digital currency, it still cannot be used, for example, to buy a cup of coffee or groceries due to its exceptionally high value.

Lee explained that the cryptocurrency – so called because it is encrypted when units of it are transacted or “mined” – has introduced three new concepts to the world and society, the first being that it is the only currency to have a limited supply. Its secretive founder, Satoshi Nakamoto – probably a pseudonym – imposed a limit that means only 21 million bitcoins will ever be mined.

It was also unique in that for the first time the world has a currency that is “not organised or controlled by any single entity, individual or government”. This means owners of bitcoins can move it around as they please.

Thirdly, it’s an asset that is untraceable to the owner. Whereas purchasing a house or car requires ownership under identity, obtaining Bitcoin does not due to its encryption.

While the currency is now being embraced globally, some countries, including China, have cracked down on it by closing Bitcoin exchanges. Lee’s company, BTC China, was the first Bitcoin trading platform in China. In September 2017, China cracked down on cryptocurrencies after the People’s Bank of China said trading could pose major financial risks to the country.

“What do Chinese regulators think of Bitcoin? For them it’s very challenging,” explained Lee, adding that authorities were reluctant to regulate the currency because they considered it not real money, and because it violated foreign currency controls. They also believed it to be a security risk open to hacking, he said. Since the crackdown, its value has increased by five times, Lee added.

Other Asian countries such as South Korea are following suit, although Japan has responded positively, allowing the opening of exchanges.

Pictures: The FCC’s New Year’s Eve party 2017

FCC members and guests packed the club on December 31 to welcome the new year.

With a little help from DJ Keith, members danced the night away and, as is tradition at the club, they all raised a glass as a piper played at midnight.

See our rogues’ gallery below.

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22nd Human Rights Press Awards open for entries from January 1, 2018

Asia’s most prestigious honours recognising outstanding human rights reporting will be open for entries from 1 January 2018 to 9 February 2018.

Last year's winner of the Photography Feature was Agence France-Presse's Noel Celis for his pictures of Quezon City jail. Photo: Noel Celis/AFP Last year’s winner of the Photography Feature was Agence France-Presse’s Noel Celis for his pictures of Quezon City jail. Photo: Noel Celis/AFP

The Human Rights Press Awards, now in their 22nd year, are organised by the Foreign Correspondents’ Club, Hong Kong, Amnesty International and the Hong Kong Journalists Association. The awards aim to increase respect for people’s basic rights and to focus attention on threats to those freedoms.

Submissions must have been reported from the Asia region and been published or broadcast during the past calendar year between 1 January and 31 December 2017. Entries must be in either English or Chinese. Categories include Spot News, Features, Multimedia, Television/Video, Radio and Photography.

Each entry must cite the specific article of the Universal Declaration of Human Rights that the work seeks to address. This landmark document, which marks its 70th anniversary next year, set out the alienable rights to which every human being is entitled. The full text is available here: www.un.org/Overview/rights.html

 

Please mark your calendars and be ready to submit your work!

The online entry form will be open on 1 January 2018 at:

https://humanrightspress.awardsplatform.com/

For further information, please visit:

http://humanrightspressawards.org

Stay up to date with the latest news – follow us on Twitter and Facebook 

For queries, please contact the awards administrator:

Cintia Huen

The Chinese University of Hong Kong

School of Journalism and Communication

Email: [email protected]

Tel: (852) 3943 8705

 

 

 

Who are the winners and losers in the war for China’s wallet?

The war for China’s wallet is being won through consumerism as industries like manufacturing and finance find it increasingly difficult – and costly – to do business there, according to the founder of a top market research group.

Shaun Rein gave insights into how to do business in China at the FCC club breakfast. Photo: Sarah Graham/FCC Shaun Rein gave insights into how to do business in China at the FCC club breakfast. Photo: Sarah Graham/FCC

Additionally, protectionism and nationalism are driving mainland Chinese consumers to buy domestic goods rather than foreign made products, said Shaun Rein, author of the new book The War For China’s Wallet which aims to help companies understand how to profit from China’’s outbound economic plans.

At the centre of this domestic boom is President Xi Jinping, who has consolidated Communist Party power by taking firmer control of business and overseas investment. The world’s largest or second largest trading partner for most countries, China is seen as the obvious destination for foreign investment. But President Xi’s campaigns, such as the crackdown on corruption, and the economic punishment of countries that speak out against China, has created an environment of mistrust among those trying to do business in the country.

“I think it’s clear that not everyone will make money in China,” said Rein, managing director of CMR China, adding: “If you’re on the consumer side, there’s lots of money.

“China is no longer a cheap place to do business. The cost of doing business is crazy high,” he said at the December 12 club breakfast.

Rein pointed out that foreign brands including KFC and Starbucks make a huge profit in China. But he warned that multinationals were increasingly adhering to the political goals of Beijing in order to operate there. Publicly backing the One Belt, One Road initiative – President Xi’s development strategy to establish trade routes between Eurasian countries – is one way of staying in favour with the Communist Party. Those who speak out against China, said Rein, risk economic punishment or outright banishment. He gave the example of the Philippines, whose mango imports to China were blocked after an international tribunal on territorial disputes ruled in favour of the Philippines. The block was lifted once Rodrigo Duterte came to power in the Philippines and declared allegiance to China over America.

“The theme of the book is that China punishes and rewards countries,” Rein said. But he added that now China has also started punishing foreign companies for the actions of their countries’ governments, citing South Korea’s Lotte Group, which provided land in South Korea for the U.S. THAAD missile system.

Rein said the “methodical, systematic plan” to garner support for the One Belt, One Road initiative was the result of a “divide and conquer” strategy on the part of the Chinese government.

He predicted that multinational financial services would continue to suffer in China, but that foreign insurance companies would flourish, as would wealth management.

How North Korea’s burgeoning middle class is painting a new picture of life in the DPRK

The traditional picture painted by the media of North Koreans as an impoverished people is outdated thanks to a burgeoning middle class – but the dark days of starvation may not be far away if sanctions continue to be imposed on the world’s most isolated nation.

Author Nick Bonner showed graphics from his new book, Made in North Korea: Graphics from Everyday Life. Photo: Sarah Graham/FCC Author Nick Bonner showed graphics from his new book, Made in North Korea: Graphics from Everyday Life. Photo: Sarah Graham/FCC

That was the opinion of Nick Bonner, author, filmmaker and founder of a North Korean tour group who shared his insights into the DPRK having spent the last 25 years traveling to and from it.

Bonner’s new book, Made in North Korea: Graphics from Everyday Life, uses an extensive collection of graphics and North Korean propaganda artwork to tell the story of how the country has evolved over the last two decades.

Through slides showing various graphics and products, like cigarette packets, he explained how colour illustrated eras the country was going through: vibrant primary colours in the 1970s to promote the country’s virtues, against the greys and browns of the 90s during North Korea’s economic crisis which resulted in widespread famine.

The landscape architect first visited North Korea in 1993, which then inspired him to start Koryo Tours – a Beijing-based travel agency specialising in travel to North Korea. Bonner has produced three award-winning documentaries about the country, as well as North Korea’s first ‘girl power’ movie — ‘Comrade Kim goes Flying’ — which became the first-ever North Korean film to be shown to a public audience in South Korea.

But today’s North Korea – particularly its capital, Pyongyang, paints a different picture. Using his own photographs – one showing a child on a shiny red bicycle carrying a dried fish – Bonner showed the wealth element in the country’s everyday life. Some of this influence came from China, he said.

“Shops in the Metro are full of Chinese (made) rubbish – things that glow, things that are shiny,” he said, adding that market reform in 2002 meant that the import of foreign products brought about greater prosperity. “With products coming in from abroad…it’s given North Korea a kick to make their own products and repackage them.”

However, sanctions imposed as a result of leader Kim Jong-un’s ongoing spat with United States President Donald Trump could see a return to the North Korea of old, Bonner warned, adding that it would be more productive to engage the country rather than isolate it further.

There’s hope for the Ganges but the biggest clean-up push is yet to materialise, says author Victor Mallet

The Ganges – a river so revered that she is worshipped as a goddess by Indians. Yet the world’s third largest river is highly polluted by the 400 million people who live on her banks.

Journalist, author and FCC board member Victor Mallet discussed the threats facing India's Ganges river. Photo: Sarah Graham/FCC Journalist, author and FCC board member Victor Mallet discussed the threats facing India’s Ganges river. Photo: Sarah Graham/FCC

And, ironically, part of the reason for this abuse of the sacred river is its goddess status: many Indians simply believe that there is nothing they can do to harm it, said journalist and author Victor Mallet during a club lunch on his new book, River of Life, River of Death: The Ganges and India’s Future.

The book, the result of years fo research on the environmental issues affecting the Ganges – believed to be the embodiment of Ma Ganga, Hinduism’s mother-goddess – explores how India’s government could derive “co-benefits” in other areas of society by sanitising the river, such as creating jobs and lightening the burden on healthcare.

“Indians are killing the Ganges and, in turn, the Ganges is killing Indians,” Mallet, an FCC board member, explained.

Flowing from the eastern Himalayas, through the Plain of North India and into Bangladesh, the river is now under serious threat from human sewage, toxic waste, antibiotics, fertiliser and pesticides, he said. A series of dams along its course means that, in places, it can sometimes run dry outside of monsoon season. And a lack of accountability within successive Indian governments has played a large part in the decline of the river, Mallet added.

However, Mallet is optimistic that the river can be saved. He draws comparisons with other rivers such as the Thames and the Rhine, once both heavily polluted but now home to thriving ecosystems. He was also hopeful that India’s prime minister, Narendra Modi, would deliver on his promise of cleaning up the river.

“He’s very much committed verbally to doing this,” Mallet said, “but there’s a debate as to whether he could have done more.”

Mallet noted a further problem: that the campaigners he had spoken to in India during his extensive research for the book had turned out to be the same people who had spoken to writers decades before – indicating that “a lot of young Indians are not really engaged in what should be an important mission”.

He concluded: “There are small signs of progress but the biggest push has not started yet.”

Britain should offer right of abode to BNO passport holders, says Lord Ashdown as he sets up Hong Kong Watch

Britain should offer Hong Kong’s BNO passport holders right of abode in the UK if in the future conditions deteriorate in the SAR as it reintegrates with China, says former Liberal Democrat leader Paddy Ashdown.

Lord Ashdown spoke about China's rise and its effect on world peace. Photo: Sarah Graham/FCC Lord Ashdown spoke about China’s rise and its effect on world peace. Photo: Sarah Graham/FCC

The former Royal Marine, in Hong Kong on a fact-finding exercise, said he would “favour very strongly the BNO being extended to the right of abode if it is the case that the conditions in Hong Kong are created by whatever force that enables those who hold the BNO passport to feel so vulnerable that they can’t live here any longer”.

However, the SAR passport “is probably a better travel document than the BNO”, he added.

The BNO (British Nationals Overseas) passport was created in 1987 and is issued to permanent residents of Hong Kong. Holders can visit the UK for up to six months.

Lord Ashdown revealed that he was in Hong Kong to set up a parliamentary system called Hong Kong Watch. He said: “It’s not just directed at one side of the joint agreement, it’s there to act as a prod for the British Government too. The British Government is now obsessed with Brexit (and) trying to build trade deals – it’s a huge plum for the British to have a trade deal with China.

“We must ensure that Britain fulfils its legal and duty of honour to Hong Kong and we’ll be doing that. It will look at the actions of both sides and it will act as a whistleblower.”

Lord Ashdown criticised Britain’s handling of Hong Kong’s handover to China, saying there was a degree of hypocrisy beneath its calls for democracy.

“British rule in Hong Kong was economically successful. But politically it was shameful,” he said, adding that a promise that the city “would never have to walk alone” is not a promise that “can be broken because it proves inconvenient to a British government obsessed with finding trade deals because it wishes to be outside Europe”.

“What happens next here in Hong Kong will be judged by a watching world,” he said.

Opening his speech at the sold-out November 28 club lunch, Lord Ashdown discussed China’s rise as a super-power and its effect on world peace. He said Hong Kong would be the testing ground for President Xi Jinping’s vision of “socialism with a Chinese face”.

“We live in one of those periods of history where the structures of power in the world shift,” he said. “How new powers rise and old powers fall is one of the prime determinants of peace in times like this. The Pacific basin is to be the cockpit in which this drama is about to be played out.”

Lord Ashdown said on many levels China appeared to be moving in the right direction: intent on building its reputation as a good world citizen, seeking to consolidate its trading strength and fill the “vacuum of leadership in regional and global multilateral institutions left by President Trump’s retreat from this space”.

“I do not think China’s true long term interest lies in responding to Donald Trump’s invitation to a dog fight, albeit one which appears to have been postponed after Mr Trump’s effusive glad handling with Chairman Xi,” he added.

However, he said China’s curbs on freedom of speech could not be sustainable: “It is just not in human nature, whether Chinese or otherwise, to be content for long with glorious freedom in one aspect of your life and permanent voicelessness in the other.”

During the question and answer session at the end of the talk Lord Ashdown said he felt the United States was a greater threat to world peace than China, citing the unpredictability of President Trump.

When asked about Brexit, Lord Ashdown predicted that it would not happen: “My view is that on balance, narrowly, I now think Brexit will not happen – not because it could not be done but because the government is too incapable to deliver it. The House of Commons will not vote for a hard Brexit, they will not vote for a throw-ourselves-over-the-cliff Brexit. They could vote for a soft Brexit but the government is too incompetent and too divided to be able to deliver any kind of soft Brexit that I think will make sense.”

He predicted an election next year that would see a new government, and that the process would “collapse in on itself”.

Relaxation of China’s One Child Policy has come too late, says Pulitzer Prize-winning author

China’s One Child Policy will likely leave the world’s second largest economy with a workforce shortage as its ageing population grows, according to a Pulitzer Prize-winning journalist and author of a book on the subject.

Author Mei Fong discussed the implications of China's One Child Policy at the FCC. Photo: Sarah Graham/FCC Author Mei Fong discussed the implications of China’s One Child Policy at the FCC. Photo: Sarah Graham/FCC

The Chinese government’s recent relaxing of its controversial One Child Policy, introduced in 1979, to allow families two children has probably come too late to head off a series of issues that will have a knock-on effect on the country’s prosperity, said Mei Fong at the November 27 club lunch.

Promoting her book, One Child: The Story of China’s Most Radical Experiment, Ms Fong outlined the repercussions of the policy which was dreamed up not by sociologists, but by China’s missile defence team. Song Jian, a top Chinese official, worked with a group of mathematicians to determine the optimum size for the country’s population in order to limit the demands for water and other resources, and alleviate potential social and economic problems.

Aside from the issue of an ageing workforce and fewer young workers, a result of the policy has been a significant imbalance in the number of males versus females. According to a report by the National Population and Family Planning Commission, there will be 30 million more men than women in 2020, potentially leading to social instability, and courtship-motivated emigration. In fact, China’s ageing population is so large that by 2050 one in three will be retirees – making China’s seniors the world’s third largest nation behind China and India, Ms Fong joked.

It also means that China faces a public health burden as it is forced to care for its elderly population, some of whom would have lost their only children. Ms Fong said that around one million couples per year lose their only children. Care homes will often refuse to take elderly people who have no children and therefore no means to pay for their care.

Relaxing the policy would also have an effect on the global adoption market, she said. Since the policy’s introduction many parents abandoned their daughters in favour of having sons, resulting in the overseas adoption of 120,000 Chinese girls. The relaxation of the policy could lead to issues of trafficking and baby selling, Ms Fong said. Another side effect is that companies within China may be more inclined to hire men than pay two lots of maternity to female employees.

Ms Fong said a predicted baby boom in the year since the policy had been relaxed had failed to materialise, in part because girls born without brothers had been sent to university in their place, and were now educated career women who didn’t want larger families.

The idea for Ms Fong’s book came when, as a journalist for the Wall Street Journal, she covered the Sichuan earthquake of 2008, which claimed the lives of more than 69,000 people and struck just months before the Beijing Olympics “where the narrative was The Olympics: China rising”, she said.

“What I discovered was that this area was a test ground for the One Child Policy before they (government) launched it nationwide,” said Ms Fong, adding that many families she encountered there lost their only children. As a result, some were asking hospitals for reverse sterilisations; others wanted compensation, arguing that they lost out by following the rules of the policy.

While her book tells the story behind the One Child Policy, and its subsequent effects, it is also a personal account of Ms Fong’s journey to starting her own family. She is the mother of twins. But the book is a labour of love on another level: Ms Fong has struggled to get it published in Hong Kong and mainland China. The book was published in Taiwan and a free download has been made available in Chinese for anyone on the mainland who can access it. As there is no payment trail those who read it cannot be traced by authorities, she said.

Hong Kong’s judicial independence not under threat, says former top judge

Judicial independence is not under threat in Hong Kong, in spite of the recent controversy surrounding the jailing of pro-democracy student activists, according to a former judge of the Court of Appeal.

Former judge Henry Litton gave his views on the independence of Hong Kong's judiciary. Photo: Sarah Graham/FCC Former judge Henry Litton gave his views on the independence of Hong Kong’s judiciary. Photo: Sarah Graham/FCC

Henry Litton CBE had outlined several cases that he believed had demonstrated that the city’s judiciary operated inefficiently and wasted taxpayers’ money, such as the ongoing judicial review case of Falun Gong practitioner Pun Lin Fan. But it was the controversial and globally publicised case of student activists Joshua Wong, Nathan Law and Alex Chow that was at the forefront of audience questions.

The three were jailed in August for their roles in a demonstration that helped spark the city’s large-scale Occupy Central pro-democracy protests in 2014. They were later charged and sentenced by then Eastern Magistrates’ Court Magistrate June Cheung Tin-ngan who ordered Wong and Law to undergo 80 and 120 hours of community service respectively, while Chow received a three-week jail sentence suspended for one year. However, this year the Department of Justice lodged a judicial review application insisting the three former student leaders deserved harsher sentences. Wong and Law were subsequently jailed for six and eight months respectively.

The reaction that followed saw, among others, eminent UK barristers and former Hong Kong governor Chris Patten declare the move politically motivated.

But Hong Kong-born Litton, who was appointed to the Court of Appeal in 1992 and became a permanent judge of the Court of Final Appeal in 1997, argued that the decision to jail the trio was based on principles of law. He said: “There are two cardinal points in sentencing: the court looks to the crime itself, its gravity, its effect on other people.” He continued: “The court will then secondly consider such mitigating circumstances as exist which might reduce the normal tariff which would be applied for that particular crime. But no mitigating circumstance could be so superior as to downgrade the crime itself.”

Litton, now an honorary professor at the University of Hong Kong Faculty of Law, said that violent crimes – “…and I think the cases that you’re talking about certainly involve violence because I think barriers erected by the police were broken down violently and that not only were people’s life and limb put at risk but people actually were injured” – required a custodial sentence by law.

“What mitigating circumstances there might be would perhaps reduce the term but generally speaking would not change radically the type of punishment to something less than imprisonment. These are the general principles that I suggest apply to the case in question,” he said.

Club member Mark Pinkstone quoted a letter from jurors that suggested the jailing of the three young activists was double jeopardy.

“An appeal by the Secretary for Justice to the Court of Appeal could only proceed on the basis of an error of law in that in sentencing in the magistracy the magistrate had not applied the proper principle relevant to the facts of the case. Constitutionally that’s how the matter got up to the Court of Appeal for its judgment and it has nothing to do with the principle of double jeopardy that you’re talking about,” Litton said.

When asked by journalist Vaudine England whether the perceived sense that Hong Kong’s judicial independence was now under threat, Litton replied: “The short answer is no. I do not see any threat to judicial independence in the situation as it exists today in Hong Kong. Now if you want an argument I’m happy to put up an argument, but I’m not expressing an opinion.”

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