A diverse group of Singaporeans gathered in support of the LGBTQ community during the annual Pink Dot celebration. Source: Calvin Bong (@calvinavigator) via Pink Dot
Pan-Asian Civics, a monthly roundup from Ketagalan Media, summarizes key developments in Hong Kong, Malaysia, and Singapore concerning public participation, citizenship, and democratic development. This feature is compiled and edited by an international team of correspondents: Kevin Hsu, Judith Huang and Lydia Siu.
HONG KONG
Annual “Establishment Day” demonstration: Every year on July 1, the day Great Britain handed Hong Kong over to China, local civic groups march in the streets to “protest against Chinese power” and show “support for democracy,” the South China Morning Post reports. The theme for 2018 was “End one-party dictatorship, reject the fall of Hong Kong” (結束一黨專政，拒絕香港淪陷). The event was organized by the Civil Human Rights Front (民間人權陣線), “an umbrella group of some 50 pro-democracy groups.” Footage from the event is available here. Turnout was down to only 50,000 marchers, according to organizers. Years of frustration in the face of government intransigence have left Hong Kongers despondent at their inability to induce policy change and shape the fate of their own city.
The 2018 annual report from the Hong Kong Journalists Association highlights diminishing press freedoms
Press freedoms shrinking: The Hong Kong Journalists Association issued its 2018 Annual Report assessing the diminishing space for freedom of speech and the press. The five chapters are available in English and Chinese, and cover issues such as “how the Chinese-funded media have extended the influence of their newly-founded digital media” in Hong Kong or how “those covering sensitive news in the mainland and Macau” are often “threatened, assaulted and blocked.” It suggests several measures that could protect press freedom, such as passing a freedom of information act, and negotiating with Beijing to protect the safety of Hong Kong reporters when they are reporting in the Mainland.
Political party portrayed as security threat: Police officials are trying to ban the Hong Kong National Party (HKNP 香港民族黨), a party that advocates for independence from China. In an 86-page document seen by the South China Morning Post, Assistant Commissioner of Police Rebecca Lam Hiu-tong suggests that the party is an “imminent threat” to national security, that aims to achieve its goals by “whatever effective means.” While she admitted the HKNP was currently non-violent, she suggested “the possibility should not be ruled out and pre-emptive action should be taken” to curtail its activities. The report included 51 full transcripts of HKNP leaders’ online statements, public speeches, and media interviews.
The report has been submitted to the government’s Secretary for Security, who can decide to outlaw the party using the Societies Ordinance “if he reasonably believes that the cancellation is necessary in the interests of national security or public safety, public order or the protection of the rights and freedoms of others.” However, legal scholars are concerned outlawing HKNP would violate freedom of association. HKJA also warned that using “press interviews as evidence to crack down on” groups could drift into censorship.
LGBTQ rights upheld: The Court of Final Appeal, Hong Kong’s highest judicial body, unanimously ruled that the British partner of a lesbian working in the SAR should be granted a spousal visa, under the city’s immigration regulations. By deciding against the Immigration Department, the court declared that “marriage status and civil union partnerships of same-sex couples” outside of the territory “will be recognised in Hong Kong for the specific purpose of a dependant visa.” However, “the city’s definition of marriage, between a man and a woman, remains unchanged” so couples cannot marry in Hong Kong. According to the BBC, the three-year legal battle “drew support [for recognizing same-sex relationships] from banks and law firms keen to attract talent to Hong Kong.” Companies such as Goldman Sachs and Morgan Stanley “publicly backed” the plaintiffs argued that equal treatment of LGBTQ persons was “needed to attract top talent.”
Last month, an appellate court had ruled against Angus Leung Chun-kwong, a Hong Kong civil servant, and overturned a decision by a lower court recognizing Leung’s right to share government benefits with his same-sex spouse—the same way government colleagues in heterosexual relationships could. Gay civil servants interviewed by SCMP were demoralized by the government’s effort to deny them equal treatment. However, in the wake of the new high court ruling, Leung suggested he would appeal his case.
Chinese law at the High-Speed Rail terminus: In June, the Legislative Council passed a controversial measure allowing PRC law to apply within a specified section of a new railway station. The station under construction in West Kowloon will serve the Guangzhou-Shenzhen-Hong Kong Express Rail Link (廣深港高速鐵路), which is slated to come online by the end of September. The legislature authorized “co-location” of China and Hong Kong zones inside the terminal, so that before and after customs, government officers would administer the laws of their respective jurisdictions at all levels, including criminal laws beyond the need of custom control. This marks the first time Chinese officers would be able to legally enforce PRC law within the borders of Hong Kong.
Several legal challenges have arisen, with activists requesting judicial review of the measure’s legality. Under Article 18 of the Basic Law, Hong Kong’s mini-constitution, the national laws of the PRC do not apply in the city (except for a few laws related to the national anthem, national flag, etc. as stipulated in Annex III). Thus, co-location appears to intrude on the autonomy promised to Hong Kong under “One Country, Two Systems.” With legal proceedings underway, the court anticipates ruling on August 10 about a request for an injunction on co-location. If granted, that could potentially force the railroad to operate without the joint checkpoint until the cases themselves are decided in October.
However, there are fears that the Standing Committee of the National People’s Congress (NPCSC)—the body under Chinese law that has power to interpret both the PRC constitution and the Hong Kong Basic Law—could simply inject itself into the situation with a ruling of its own. NPCSC interpretations are binding on all Hong Kong courts, including the Court of Final Appeal, the SAR’s highest judicial body. Such interpretations have happened five times since the handover of Hong Kong, often controversially, and would force local courts to decide in Beijing’s favor.
A new study from the Liber Research Community reveals the extent of property tax revenues that have been lost through a loophole
Land and housing policies: Hong Kong Chief Executive Carrie Lam announced a broad package of measures to tackle the city’s housing crisis, starting with lowering the cost for subsidized apartments. Other actions include “a vacancy tax equivalent to two years of rental income on empty new flats,” “re-allocating more land originally earmarked for private housing to build public flats, “inviting the Urban Renewal Authority to build starter homes at Ma Tau Wai,” “imposing more stringent conditions on developers’ sales of uncompleted flats,” and “forming a task force to drive temporary housing projects launched by community groups.”
Given recent unrest, some commentators conjecture that Lam is taking a page from Singapore’s history and boosting government support for home ownership. Owning property has led Singapore residents to maintain a more conservative outlook on politics. Compared to Singapore, public housing makes up a smaller proportion of housing stock in Hong Kong. Home ownership rates are also substantially lower.
Liber Research Community has unveiled another startling study finding that since 2010, the SAR government has lost out on at least HK$9.4 billion in tax revenue due to a financial loophole. Instead of purchasing property directly, foreign buyers can purchase controlling shares in the company that holds title to the land. Since title is not transferred, a stamp duty is avoided. An estimated 20% (by value) of all properties sold in the study period made use of this loophole, which could negate government actions to cool the housing market (for example, a double stamp duty is charged to non-locals buying houses) and ultimately undermine Hong Kong’s efforts to expand housing availability. Read the Executive Summary in Chinese and English or the Full Report (Chinese only).
Healthy Street Lab, a team of citizens and engineers from the Transport Department, has been testing walkability experiments in Sham Shui Po since March. Their most recent projects wrapped up in July, with three prototypes tested: a ground-level LED light strip, a linear playstreet, and a slow-speed walking lane for those pushing heavy carts. According to Make a Difference, which organized the events, the Healthy Street Lab “seeks to understand citizens’ street experience, imagine possibilities for a more walkable neighborhood, and come up with evidence-based suggestions for pedestrian-first street design and policies.” Launched in 2016, MAD is a community-initiated public services innovation lab in Hong Kong, with a focus on community participation, design thinking and co-creation.
Watch a video about the Healthy Street Lab’s efforts in Hong Kong
MALAYSIA
Corruption investigation leads to arrests: Former Malaysian prime minister Najib Razak was arrested by anti-corruption investigators and charged over his role in the 1MDB scandal (video). More than $4.5 billion may have been diverted from the 1Malaysia Development Berhad, a state development fund, including possibly $700 million that was allegedly funneled into Najib’s personal bank accounts. (See the Wall Street Journal exposé.) The Malaysian Anti-Corruption Commission also issued warrants for two former senior officials, 1MDB’s general counsel and executive director and froze 408 bank accounts related to corrupt fund transfers.
Rosmah Mansor, the former first lady, was grilled by investigators, who found $275 million worth of luxury goods at the couple’s six properties, including 423 watches, 567 luxury handbags, and 12,000 pieces of jewelry. As Reuters reports, a Malaysian prime minister “earns a fixed salary of 22,826.65 ringgit ($5,671.22) a month and cannot invest in businesses or stocks” while in office, which led public suspicion over their lavish lifestyle. However, while Najib was in office, he obstructed the MACC’s investigations into 1MDB.
Public intolerance winning: Malaysia’s youngest-ever government minister let his press secretary resign in the face of what were described as “virulent online attacks from conservative Muslim commentators,” who criticized the staffer’s advocacy for gay rights and organizing events for the LGBT community. Syed Saddiq, the 25-year-old Youth and Sports Minister was consequently called out for his “feeble response,” “cowardice,” and politically expedient choice to cut ties with his staffer. Former press secretary Numan Afifi subsequently told media that he had only been serving in an “interim” or “unofficial” capacity, and had left his post (video) to spare the ministry from “tremendous pressure by the netizens.”
Activists are worried the newly-victorious Pakatan Harapan political alliance “won’t honor pledges to boost universal rights,” such as respecting LGBT persons. Giving in to extremist netizens does not reflect well on its election manifesto, where the alliance pledged to build a Malaysia that is “inclusive, moderate and respected globally.”
Freedom of speech and the Sedition Act: The PH also promised to repeal autocratic colonial-era laws such as the 1948 Sedition Act, which was used by previous governments to jail critics and quash political dissent. Indeed, the new government dropped sedition charges that had been filed against cartoonist Zulkiflee Anwar “Zunar” Ulhaque, lawmaker R. Sivarasa, and civil rights lawyer N. Surendran. However, Amnesty International said it was “shocked” that police are even now using the Act to investigate lawyer Fadiah Nadwa Fikri for comparing Malaysia’s constitutional monarchy to an “indefensible feudal culture.”
SINGAPORE
Major LGBT celebration: On July 21, Pink Dot—the Singapore LGBTQ+ community’s signature annual rally—celebrated its tenth-ever event at Hong Lim Park, the only public space where demonstrations are allowed in the city-state. Due to government rules, foreign nationals were not permitted to attend the rally, though many supported from the sidelines by wearing pink in public and in workplaces. As has happened since 2016, foreign companies were again barred from sponsoring, and 113 local sponsors stepped up to fund the event.
Founding Prime Minister Lee Kuan Yew’s grandson, Li Huanwu, was photographed with his partner for “Out in Singapore,” an exhibit that was part of “PinkFest,” the festival portion of the Pink Dot celebration. The current Prime Minister’s wife and CEO of sovereign wealth fund Temasek Holdings, Ho Ching, shared a link to the Pink Dot event page on her Facebook, generating publicity in the mainstream and alternative news media.
Pink Dot ambassadors made ten declarations during the rally (video), stating that the community is ready for LGBT organizations to legally register, positive portrayals of LGBTQ people in mainstream media without censorship, and the abolition of Section 377A of the Penal Code, which criminalizes sex between men. The annual Pink Dot (video) light formation concluded the evening.
The annual formation of the illuminated Pink Dot, this year with the word “Ready” to highlight the sense that Singaporeans are ready to accept LGBTQ people, despite statements from political leaders to the contrary. Source: Pink Dot
Potential opposition alliance: Seven opposition parties in Singapore met to discuss forming an alliance for the next general election, and inviting former Presidential candidate and ex-People’s Action Party MP Tan Cheng Bock to lead. The meeting was held on the Singapore Democratic Party’s premises, and included six other parties: The People’s Power Party (PPP), the Democratic Progressive Party, the Reform Party, the National Solidarity Party (NSP), the Singaporeans First Party, and the People’s Voice Party, currently being set up by Lim Tean, the former NSP chief. The best-performing opposition party in the previous general election, the Worker’s Party, was notably absent.
Connecting with the next generation: A director at the Inter-University LGBT Network was barred from speaking at a TEDxYouth event at St. Joseph’s Institution, a Catholic high school. Students organized the TED talks, but inexplicably, speaker Rachel Yeo’s invitation was withdrawn at the last minute. Yeo, a fourth-year student at Nanyang Technological University student, said she had intended to speak about how to “champion your causes and have conversations with people that don’t stand on the same side as you in a way that is constructive and civilized.”
A recording later emerged of Vice Principal of St. Joseph’s Institution, Leonard Tan, warning students against participating in any kind of “activism” because “any form of activism is socially divisive…it goes against the very grain of what we stand for. We are community builders, we don’t divide community.” In equating “building community” with supporting the status quo, this statement appears to ignore how the status quo may itself be divisive by discriminating against and marginalizing different groups.
Addressing three departing government ministers in May, Prime Minister Lee Hsien Long had said that “leaders must be able to understand and identify with the current generation, to share and to shape their world view and to respond to their needs, as well as help achieve their aspirations and earn their trust.
Gender diversity on corporate boards: Two years ago, the Diversity Action Committee, a government-linked organization, started a league table to “name and shame” the top 100 corporations that had all-male boards in Singapore. As of the end of June 2018, the number of corporations with no women on their boards has fallen from 38 to 27 out of the 100 firms ranked.
Commentary through literature: The dystopian sci-fi novel “Sophia and the Utopia Machine” by Judith Huang was published in Singapore this summer. Huang is also correspondent for Ketagalan Media and member of the Pan-Asian Civics team. The novel, a finalist for the 2017 Epigram Books Fiction Prize is available now.
A synopsis from Epigram Books:
“Sofia is an ordinary schoolgirl living in a future Singapore where the population is divided into three social strata. When she inadvertently unlocks the gateway to a new world, she realizes she must escape the government’s radar. She ventures into the lowest rung of society, the Voids, and meets with the eccentric Uncle Kirk and the resourceful Father Lang.
While on the run, she learns why her father disappeared seven years ago and why the new world exists in the first place. Probing and thrilling, this novel explores worlds within worlds and reinvents the creation myth.”
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