Thursday, May 28, 2020

The long read
How the free press worldwide is under threat
 Illustration: Guardian Design

From Mexico to Malta, attacks on journalists and publishers have proved deadly to individuals and chilling to broader freedoms. And now Covid-19 is being used as an excuse to silence more voices. 


By Gill Phillips
Thu 28 May 2020

Just after 7am on the morning of 23 March 2017, journalist Miroslava Breach Velducea, a 54-year-old mother of three, was driving her 14-year-old son to school in the city of Chihuahua, Mexico, when a man walked up to her car and shot her eight times. According to reports, her son was not injured, but Breach died on the way to hospital.

The Mexican newspaper la Jornada reported that a cardboard note was found at the scene of the murder, which read: “For being a snitch. You’re next, Governor – El 80.” According to Mexican police, “El 80” was Carlos Arturo Quintana, son of the leader of an organised crime syndicate known as La Línea, which in its heyday controlled one of the lucrative smuggling routes for the supply and transfer of drugs from Colombia to the US. Three days before Breach was murdered, Quintana’s father had been killed in a confrontation between rival gangs.

Breach worked for la Jornada and for the regional paper Norte de Ciudad Juarez, covering politics and crime; she had also set up her own news agency, Mir. She had reported extensively on the links between organised crime and politicians in Chihuahua state. On 4 March 2016, Breach wrote in la Jornada about the alleged criminal connections of mayoral candidates in several small towns in western Chihuahua. Breach had received threats to her life on at least three occasions as a result of her reporting. In October 2016, she had told a meeting of the Federal Mechanism for Journalists and Human Rights Defenders that she had been threatened. Nevertheless, on the day she was killed, she had no protection.

 
A protest in Mexico City after the murder of Miroslava Breach in 2017. Photograph: Anadolu Agency/Getty Images

Breach’s story is not an isolated one. She was one of six journalists killed in Mexico in 2017; more than 150 journalists have been killed there since 2000, 22 of them in the state of Chihuahua. In 2019, according to data compiled by the Committee to Protect Journalists (CPJ), Mexico had the seventh-highest number of unsolved murders of journalists in the world, behind Somalia, Syria, Iraq, South Sudan, the Philippines and Afghanistan. On 18 May this year, gunmen killed the owner of a newspaper, Jorge Miguel Armenta Ávalos, and one of the policemen assigned to protect him, following earlier threats. Armenta, who is at least the third journalist to be murdered in Mexico in 2020, was attacked in broad daylight while leaving a restaurant.

According to the World Press Freedom Index for 2020, compiled by Reporters Without Borders (RSF) and released in March, journalists in Mexico face a dire situation: “Collusion between officials and organized crime poses a grave threat to journalists’ safety and cripples the judicial system at all levels. Journalists who cover sensitive political stories or organized crime are warned, threatened and often gunned down in cold blood.”

Attacks on journalists around the world take many forms, some of which are sanctioned in law. Legal or quasi-legal mechanisms include the use of civil or criminal legal actions, covert surveillance, overt censorship and financial threats (such as withdrawing state advertising), as well as more direct intimidation and threats.

In recent years, another way of silencing journalists has proliferated: the use of what are known as strategic lawsuits against public participation, or Slapps, where defamation or criminal lawsuits are brought with the intention of shutting down forms of expression such as peaceful protest or writing blogs. Originally regarded as an American legal mechanism, such lawsuits are now fairly widespread in Europe. Before she was killed in 2017, the Maltese journalist Daphne Caruana Galizia was facing around 40 libel lawsuits filed by companies, government officials and individuals, which were described by her son Matthew as a “never-ending type of torture”.

Věra Jourová, the vice-president of the European Commission, the executive branch of the EU, has been working on introducing protections against Slapp lawsuits, the defence of which can cost individuals a fortune and tie up their time and resources. Justin Borg-Barthet, a legal academic at Aberdeen University, has called for EU law to be changed to prevent “forum shopping” to countries with claimant-friendly laws, so that defamation suits would have to be filed in the courts of the country where the media organisation or journalist was based. Slapp lawsuits are commonly used against journalists investigating government corruption or exposing corporate abuses, but are also used against civil society organisations, activists such as environmental campaigners, trade unionists and academics, to shut down or silence acts of criticism and protest.

In France, media organisations and NGOs have been hit with what they view as Slapp suits for publishing accusations of land-grabbing from villagers and farmers in Cameroon by companies associated with the Bolloré Group. In the UK, fracking companies including Ineos, UK Oil & Gas, Cuadrilla, IGas and Angus Energy have since 2017 sought and been granted wide-ranging court injunctions, often directed against persons unknown, to prevent protests and campaigning activities at drilling sites. These injunctions had a chilling effect on the right to protest and free speech, until the court of appeal ruled in April 2019 that parts of an Ineos injunction prohibiting protests on the public highway and against the Ineos supply chain, and which had been used as a template for similar orders granted to other oil and gas companies, were unlawful.
 
Maltese investigative journalist Daphne Caruana Galizia, who was murdered by a car bomb in 2017. Photograph: Darrin Zammit Lupi/Reuters

Alongside Slapp suits, there are more traditional ways to keep journalists quiet. More than 150 countries retain some sort of criminal defamation laws, many of which include the possibility of imprisonment. Blasphemy and insult laws remain commonplace in many countries, and are often used by politicians and government officials against any critical media. A number of countries including Turkey and Egypt have expansive definitions of “terrorism” that allow them to arrest and detain anyone who voices political dissent or opposition, including journalists.

In countries such as Hungary and Poland, governments and political allies exercise quasi-legal control of public information. Media owners can be pressured on what content to publish by threats to limit access to finance and advertising revenues.

Separately, the lack of legal protections for journalists against those who attack them acts as a strong deterrent. Impunity fuels a vicious cycle of violence, bolstering those who aim to silence public debate and block sensitive information.

In 2013, the UN published a plan of action on the safety of journalists, and the problem of impunity for perpetrators. The plan provides a framework for co-operation between UN bodies, national authorities, media actors and NGOs. Spearheaded through Unesco, the plan was incorporated into the Declaration of the Council of Europe in April 2014, and in guidelines published by the EU soon after. In April 2016, the Committee of Ministers of the Council of Europe adopted a recommendation on the protection of journalism and safety of journalists and other media actors.

By the end of 2018, the Council of Europe’s Platform for the Protection of Journalism and Safety of Journalists, set up to record information on serious concerns about media freedom and the safety of journalists in Council of Europe (CoE) member states, had registered more than 500 alerts, with year-on-year rises of incidents in every year except 2017. Nearly half of all alerts are marked as category 1, covering the most severe and damaging violations of media freedom, such as murder, direct threats to life and physical assaults. The majority of threats came from the state, with physical attacks and detentions making up nearly half the alerts. Since 2015, only 11% of all alerts have been marked as resolved, a figure that goes down to 1.82% for alerts entered in 2018. Interviews with journalists echo these statistics. In 2017, a study that interviewed 940 journalists from all CoE member states found that a staggering 40% of them had suffered slander.

According to a May 2020 report by Peter Noorlander on the implementation of the 2016 CoE recommendation, attacks against journalists remain insufficiently investigated, and a very high percentage of incidents go unpunished. “Journalists have little confidence that attacks or threats against them will be investigated, and often do not report them,” the report said. “This has a grave effect on them, and many no longer report attacks but instead self-censor and shy away from potentially controversial issues … [CoE] Member States have committed to creating an enabling environment for freedom of expression, yet, what journalists experience on the ground is increased violence, threats, denigration, arbitrary arrests and detention.”

Some of the most high-profile cases of attacks against the media in the last few years have involved journalists in countries where neither democracy nor the rule of law is respected. Many of the more recent attacks have been perpetrated or encouraged by heads of state.

They include cases such as the politically sponsored harassment of Philippines journalist Maria Ressa, the editor of Rappler, a social news network. Under Ressa, the site has revealed the activities of the online “troll army” that supports the presidency of Rodrigo Duterte and spreads disinformation about his opponents. Rappler has also reported critically on extrajudicial killings, human-rights violations and the rising death rates from Duterte’s war on drugs. The law suits that would follow were presaged during Duterte’s state of the union speech in July 2017, when he declared that Rappler was “fully owned” by the Americans, and therefore in violation of the constitution.

In January 2018, the Philippine securities and exchange commission revoked Rappler’s licence. The government then investigated Rappler for tax evasion, and a warrant for Ressa’s arrest was issued in November 2018. In February 2019, Ressa and Rappler were hit with another lawsuit alleging libel relating to a story published in 2012, using a law enacted four months after the story was published.

Other infamous cases of state-sponsored crimes against journalists include the brutal murder, on 2 October 2018, of Saudi dissident and Washington Post journalist Jamal Khashoggi at the Saudi consulate in Istanbul, Turkey. The CIA have concluded that the Saudi crown prince, Mohammed bin Salman, ordered the journalist’s assassination. On 19 July 2019, the office of the UNHCR released a report describing Khashoggi’s death as “premeditated extra judicial execution”.

In many western countries, there is a risk that intimidation and violence against the media is becoming normalised. On Czech election day in October 2017, Czech president Miloš Zeman held up a mock assault rifle with an inscription that was translated as “At journalists”. Donald Trump has regularly shouted at and abused journalists, and a BBC camera operator was violently shoved and abused at a Donald Trump rally in 2019; in May 2017, a Guardian reporter was assaulted by a Republican candidate, now an elected congressman. Most recently there have been threats against reporter Glenn Greenwald from the far-right government of President Jair Bolsonaro in Brazil. This sort of hostility towards journalists by political leaders has global as well as domestic repercussions.
Czech President Milos Zeman holds a mock assault rifle with “At journalists” inscribed on it in October 2017. Photograph: CTK/Alamy Stock Photo

The Wikileaks founder Julian Assange is currently held in HMP Belmarsh, while the UK decides if he can be extradited to the US, where he has been charged with violating the Espionage Act, and faces the prospect of spending the rest of his life in prison if he is found guilty. As Alan Rusbridger, the former editor of the Guardian, has written, the charges against Assange are “attempting to criminalise things journalists regularly do when they receive and publish true information given to them by sources or whistleblowers”.

According to the RSF, “the next 10 years will be pivotal for press freedom because of converging crises affecting the future of journalism: a geopolitical crisis (due to the aggressiveness of authoritarian regimes); a technological crisis (due to a lack of democratic guarantees); a democratic crisis (due to polarisation and repressive policies); a crisis of trust (due to suspicion and even hatred of the media); and an economic crisis (impoverishing quality journalism).”

It is easy to dismiss concerns about press freedom as relevant only to countries led by repressive, unelected regimes. But that would be a mistake. In 2007, Thames Valley police searched the home and office of Sally Murrer, a local journalist. “I was just pottering around doing typical local stories and in May 2007, eight police officers swooped at my home while eight swooped simultaneously at the office,” she told reporters from the Press Gazette. “They seized all my computer equipment, searched my house, phones, laptops. They took me into custody where I stayed for a couple of days, strip-searched me. I honestly had no idea [why]. They said the charge was aiding and abetting misconduct in a public office and it carried life imprisonment.

“It was only later when they interviewed me, which they did copious times, and played me tapes and showed me transcripts of texts, that I realised I had been under surveillance for the previous eight weeks. It was just a ghastly feeling.”

Thames Valley police had secretly recorded a conversation that took place between her and a police officer. Murrer was accused of receiving sensitive stories from the police officer and selling them to the News of the World. “The stories were about a local GBH committed by a footballer, and the murder of a local man where there was a link to cannabis and his wife was the secretary of the then-MP.” After 19 months, during which she had been on police bail, Murrer’s trial collapsed after the judge ruled police had breached her rights.

More recently, in August 2018, the police in Northern Ireland arrested two journalists, Trevor Birney and Barry McCaffrey, over the alleged theft of documents from the Northern Ireland police ombudsman into the 1994 Loughinisland massacre, when members of a loyalist paramilitary group, the Ulster Volunteer Force, burst into a pub with assault rifles and fired on the customers. Six were killed and five wounded. Birney and McCaffrey’s homes and offices were raided. In May 2019, three appeal judges quashed the search warrants. 
Journalists Trevor Birney (left) and Barry McCaffrey in Belfast last year after judges ruled police search warrants against them illegal. Photograph: Brian Lawless/PA

In the US in 2019, San Francisco police officers investigating the leak of a police report following the death of a public defender, Jeff Adachi, obtained a warrant “to conduct remote monitoring on a journalist’s telephone number device, day or night, including those signals produced in public, or location not open to public or visual surveillance”. In May 2019, the police raided the journalist Bryan Carmody’s home and office, and seized computers, phones and other electronic devices. A court has now ruled that the raid was unlawful, and the San Francisco police department has reportedly paid a substantial amount of damages to the journalist.

In Australia, in June 2019, police launched raids on the Australian Broadcasting Corporation’s Sydney HQ, with search warrants naming two reporters and a news director; and on the home of a News Corporation journalist. The ABC raid related to articles published in 2017 about alleged misconduct by Australian special forces in Afghanistan, “based off hundreds of pages of secret defence documents leaked to the ABC”. The raid on the home of the News Corporation journalist was in response to a story she had written about how the Australian Signals Directorate was seeking new powers to spy on Australian citizens. In February, a court ruled the search was legitimate as the police were investigating valid national security offences. ABC’s managing director, David Anderson, described the decision as “a blow for public interest journalism” and argued that it highlighted a “serious problem” with Australia’s national security laws.

Since the outbreak of coronavirus, protections for journalists have become more urgent than ever. According to RSF’s secretary-general, Christophe Deloire, “The coronavirus pandemic illustrates the negative factors threatening the right to reliable information, and is itself an exacerbating factor.”

“Both China and Iran censored their major coronavirus outbreaks extensively. In Iraq, the authorities stripped Reuters of its licence for three months after it published a story questioning official coronavirus figures. Even in Europe, prime minister Viktor Orbán of Hungary had a ‘coronavirus’ law passed with penalties of up to five years in prison for false information, a completely disproportionate and coercive measure.” RSF also say reporters have been arrested in Algeria, Jordan and Zimbabwe while reporting on lockdown-related issues, and that Cambodia’s prime minister has used the coronavirus crisis to bolster his authority.

In March, the Guardian journalist Ruth Michaelson was forced to leave Egypt after she reported on a scientific study that said Egypt was likely to have many more coronavirus cases than have been officially confirmed, and the New York Times Cairo bureau chief was reprimanded over supposed “bad faith” reporting on the country’s coronavirus cases. The Columbia Journalism Review, in an article entitled “Covid-19 is spawning a global press-freedom crackdown”, reported at the end of March that police in Venezuela had violently detained a journalist in reprisal for reporting on the pandemic, and that in Turkey, seven journalists were detained in reprisal for their reporting. In South Africa, the government has enacted a new law that makes it a crime to publish “disinformation” about Covid-19.


In light of the pandemic, the UK and other members of the executive group of the Media Freddom Coalition (Canada, Germany, Latvia, the Netherlands and the US), agreed a statement on 6 April 2020, reaffirming the fundamental importance of media freedom, and calling on all states to continue to protect access to free media and the free exchange of information. The statement said that the executive group were concerned by the efforts by some states to use the crisis to put in place undue restrictions on a free and independent media: “Such actions deny societies critical information on the spread of the disease and undermine trust in responsible government”. It also urged “governments to continue guaranteeing the freedom and independence of media, the safety of journalists and other media professionals, and to refrain from imposing undue restrictions in the fight against proliferation of the coronavirus”.

On the day of the murder of Miroslava Breach Velducea in 2017, Mexico’s federal special prosecutor for crimes against freedom of expression stated that a federal investigation had begun. Seven days later, according to la Jornada, Chihuahua’s attorney general said that two suspects had been identified in the shooting, and that Breach was killed because her reporting affected the interests of organised crime.

Later that year, the finger of blame for the killing was pointed at “Los Salazares”, a criminal organisation linked to the Sinaloa cartel, led by the Mexican drug lord El Chapo, who has since been convicted in the US for trafficking tons of cocaine, heroin and marijuana and engaging in multiple murder conspiracies, and sentenced to spend the rest of his life in prison . A hitman linked to Los Salazares – Juan Carlos Moreno Ochoa, alias “El Larry” – was arrested by authorities on Christmas Day 2017 during an early morning raid. Surveillance cameras had captured him walking in the vicinity of the murder scene.

In March 2020, a federal court judge found Morena guilty of overseeing the journalist’s murder. Testifying under the alias “Apolo”, the son of the leader of Los Salazares gave evidence about how his father was upset that a relative lost a mayoral election in the town of Chinipas, el Heraldo newspaper reported. The judge found that Morena supervised the crime and enlisted the help of two other people, Jaciel Vega Villa, who allegedly drove the car to Breach’s home, and Ramón Andrés Zavala Corral, who was suspected of having fired the shots that fatally wounded her. Zavala had been found dead in December 2017, a few days before Moreno Ochoa’s arrest. Vega remains at large, a fugitive from justice.


Rwanda’s Khashoggi: who killed the exiled spy chief?


The guilty verdict came too late to save Breach’s newspaper. In April 2017, the editor of Norte de Ciudad Juarez, where Breach had worked, announced that the paper was closing. In an editorial published shortly after the assassination, Oscar Cantú said he could not continue to publish in the face of the violence against journalists in Mexico and the impunity of those responsible. “There are neither the guarantees nor the security to exercise critical, balanced journalism,” he wrote. “Everything in life has a beginning and an end, and a price to pay, and if the price is life, I am not prepared for any more of my colleagues to pay it, nor am I prepared to pay it either.”

The work of journalists in all media around the world is even more important at a time when misinformation and disinformation spread so rapidly across the internet, and when powerful political and business actors can attack journalists with impunity. As Unesco said in their campaign literature for this year’s World Press Freedom Day: “Today, citizens are on lockdown, eager for news like never before. And more than ever, the news must be fact-checked, verified. Because disinformation spreads as fast as the virus itself, and journalists are on the frontline in the fight against the distortion of truth. More than ever we need facts. Facts to avoid spreading fear, fake news and panic. More than ever we need a free press.”

Gill Phillips is director of editorial legal services at the Guardian

• This article was amended on 28 May 2020 to clarify details of the respective raids on the Australian Broadcasting Corporation and on the home of a News Corporation journalist in 2019.
David Attenborough to publish 'witness statement' on climate crisis

Broadcaster and historian says A Life on Our Planet book will record ‘dreadful damage wrought by mankind’ and propose solutions



Alison Flood

Thu 28 May 2020
David Attenborough, pictured in Iceland while filming the 2019 BBC documentary Seven Worlds, One Planet. Photograph: Alex Board/AP

David Attenborough is to publish his “vision for the future” of Earth this autumn, laying out “the dreadful damage” done by humanity, and the ways “we can begin to turn things round”.

A Life on Our Planet, which the 94-year-old has described as his “witness statement”, will cover his career documenting the natural world and his first-hand observations of the decline of the planet’s environment and biodiversity, as well as possible solutions.

“This book records some of the dreadful damage mankind has already wrought upon the natural world, and the real and imminent danger that things could get much, much worse if we do not act now,” said Attenborough. “But it is also a hopeful book: it offers a different future. It describes some of the ways in which we can begin to turn things around, if only we all have the will to do so. Surely together we must now find that determination, and begin to make that change, for the sake of all the inhabitants of our planet.”

The broadcaster and natural historian said he has had “an extraordinary life”, and that “it’s only now that I appreciate how extraordinary”.

He added: “As a young man, I felt I was out there in the wild, experiencing the untouched natural world – but it was an illusion. The tragedy of our time has been happening all around us, barely noticeable from day to day: the loss of our planet’s wild places, its biodiversity. I have been a witness to this decline, and this book contains my witness statement, and my vision for the future – the story of how we came to make this, our greatest mistake. And how, if we act now, we can yet put it right.”

Attenborough, whose career with the BBC spans six decades, has written several bestselling books including Adventures of a Young Naturalist, Journeys to the Other Side of the World, Life on Air and Life on Earth.

Publisher Ebury described A Life on Our Planet as “legacy-defining” for Attenborough. It will be released in October, coinciding with a Netflix documentary film of the same name commissioned by the World Wildlife Fund. “It’s David’s masterpiece – a book with huge heart and urgency, and a message the world needs now more than ever,” said publisher Albert DePetrillo, who is using the book as the launch title for a new imprint devoted to natural history books by writers who help us “see the world, and make it better”.

Studies add to alarm over deforestation in Brazil under Bolsonaro

Research published after video shows environment minister calling for deregulation while public distracted by Covid-19



Dom Phillips in Rio de Janeiro Thu 28 May 2020
 
Smoke rise over a deforested plot of the Amazon jungle in Porto Velho, Rondonia state, Brazil, last August. Photograph: Ueslei Marcelino/Reuters

Two studies have raised further alarm about deforestation in Brazil during the first year of the far-right president Jair Bolsonaro’s government.

One study showed the country lost 12,000 km2 (4,633 sq miles) of forest last year and also provided important information about those behind deforestation. The other research flagged a 27% increase in the destruction of tropical forests in eastern Brazil.

Both studies were released days after it was revealed that the environment minister, Ricardo Salles, had advocated that the government use the cover of the coronavirus pandemic to further weaken the country’s increasingly shaky environmental protection laws. Amazon deforestation and fires have soared since Bolsonaro took office in January 2019, vowing to end the “fines industry” of environment agencies and develop the rainforest.

“We need to make an effort while we are in a quiet moment for press coverage because they only talk about Covid,” Salles said in a ministerial meeting in April. Video of the meeting was released on Friday and showed the minister using an expression about cattle to push for “changing all the rules and simplifying norms”.

Environmentalists had warned that this was what the government had been doing.

“The government’s position is weaken policies and this increases deforestation,” said Mariana Mota, a public policy specialist at Greenpeace Brasil. “The deforestation numbers don’t lie.”

The first annual study by MapBiomas – a coalition of NGOs, universities and technology companies – confirmed deforestation alerts from Brazil’s Space Research Institute with high resolution images.

The study found 7,700km2 of the deforestation was in the Amazon. More than three-quarters happened on land registered via a self-registration system Brazilian farmers use to claim ownership - and 99% of deforestation was illegal, MapBiomas found.

The Bolsonaro government is trying to approve a law that would allow farmers who had illegally occupied land on protected reserves before a cutoff date to claim legal title, legislation environmentalists have called the “land grabbers” bill.

Brazil’s vice-president, Gen Hamilton Mourão, leads an “Amazon council” and an environmental operation by thousands of Brazilian soldiers whose effectiveness has been questioned by local media. On 15 May he said the law would help the government fight deforestation.

“[If] we do not know who owns the land, we cannot bring [anybody] to justice,” Mourão said. A vote on the law was postponed this week amid outrage over Salles’s comments.

The MapBiomas study shows Brazil already knows who is responsible for deforestation. The issue is not finding the offenders, it is that fines are often ignored. A study by Human Rights Watch shows that Amazon fines have been suspended since October after the introduction of new procedures by the Bolsonaro government.

The NGO SOS Atlantic Forest has also released figures that showed a 27% increase in the destruction of tropical forests in 17 states in eastern Brazil from October 2018 to October 2019 after two years of falling deforestation. The study showed 145km2 were felled in the region.

BOURGEOIS POLITICAL ECONOMY
Lack of international cooperation will hinder economic recovery

There has been no consistency to the regulatory changes during the coronavirus crisis



Howard Davies Thu 28 May 2020
 
The European Central Bank says eurozone banks will be given “ample” time to rebuild capital. Photograph: Daniel Roland/AFP/Getty Images

The years after the 2007-09 global financial crisis were characterised by an orgy of rule-making by financial regulators around the world to address the weaknesses exposed by the upheavals. Importantly, a renamed and reinforced Financial Stability Board (FSB), reporting to a series of G20 summits, oversaw the process of reregulation.

Despite the economic impact of the measures and the complexity of making rules to suit the needs of different financial systems, a remarkable degree of consistency was achieved. While the US had never fully implemented the Basel II framework, Basel III – featuring, for example, higher reserve requirements – found its way, in more or less recognisable form, into the rulebooks of all the different US banking regulators.

This time is different. Many regulatory changes have been introduced around the world in the last two months, understandably in haste, as national policymakers responded to the Covid-19 crisis with measures to keep credit flowing to affected economic sectors.

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Jeffrey Frankel


Sadly, signs of international cooperation are few. There have been no emergency summits. Regulators have not converged on Switzerland for all-night rösti-fuelled sessions to hammer out amendments to Basel committee on banking supervision rules and guidance. Perhaps supervisors have been Zooming into each others’ spare bedrooms. We do not know. But the announced measures have certainly been piecemeal.

Are the changes made so far broadly consistent from country to country, or is the international consensus forged by the FSB starting to unravel?

For the most part, what we have seen is not another orgy of rule-making but rather a bonfire of controls. The Institute of International Finance has faithfully logged 312 initiatives and is still counting. Most drop into one of three buckets: amendments to capital requirements, guidance on loan loss provisioning and controls on dividends and other capital distributions like share buybacks.

The changes to capital requirements have mainly affected the buffers imposed on banks since the last crisis under the general heading of macroprudential regulation. Many bankers had come to think that macroprudential supplements would only work in one direction: buffers imposed in credit upturns would be retained in the downturn. Faced with a sharp decline, economic regulators have shown welcome flexibility.

Countercyclical buffers have been removed and banks have been told it is acceptable to dip below their previous minimum capital requirement as loan losses mount. Ten of the OECD’s 37 countries have so far removed the countercyclical buffer. A number of others have adjusted national capital or liquidity buffers. Comparisons are complex but the changes look broadly similar in effect.



These changes are typically described as temporary. So, banks that may avail themselves of the current flexibility are keen to know when the buffers might be reimposed and how long they would then be given to meet them.

The European Central Bank has said that eurozone banks would be given “ample” time to rebuild capital. The Bank of England has said the time would be “sufficient”. Academic linguists may debate which word implies a longer period. Unfortunately, lawyers will get involved if regulators do not say more clearly what they mean.

Nonetheless, all this activity does look broadly compatible (at least before the tough timing decisions come to be made). So far, no national regulator has taken an axe to the trunk of the Basel requirements.

There is one potential concern, however. Nicolas Véron of the Peterson Institute for International Economics has argued that the Federal Reserve’s changes to the supplementary leverage ratio amount to a serious breach of Basel III. The Fed has exempted banks’ holdings of Treasury bills from the calculation of their assets, which are explicitly part of the Basel definition. Véron warns that while the change in itself may not be of great consequence, “if the non-compliance trend is confirmed, the most damaging consequences may be to the United States itself”.

The changes in the second bucket, provisions for loan losses, are harder to assess, partly because the US has not adopted International Accounting Standards, and International Financial Reporting Standard 9 is new and untested. Banks need some guidance on how to interpret it, especially in relation to government-guaranteed loans and loans subject to requested interest holidays. There will be a need to ensure that different national interpretations of IFRS 9 can be justified. It is too early to be confident of that.

The third area, capital distributions, is the one where international divergence is more evident. Regulators in Europe have taken the rigorous view that dividends and buybacks should be suspended. The Fed and the Reserve Bank of Australia have left it to banks to decide whether it is safe to pay a dividend.

Some explanations for this difference seem straightforward. For example, in the last year, 73% of US banks’ distributions have been in the form of share buybacks, and only 27% as dividends, while in Europe 96% of distributions have been paid as dividends. US banks voluntarily undertook to suspend buybacks, which the Fed took into account when taking a more relaxed view on dividends.

Nonetheless, decisions on each side of the Atlantic have attracted strong criticism. Senator Sherrod Brown of the Senate banking committee told the Fed that “you have been too eager to provide what you call ‘regulatory relief’ – and what the rest of us call favours for Wall Street”. Similarly, the Banking Policy Institute in Washington has maintained that there is “a good chance that the actions of UK and EU regulators have done significant long-term damage to their banks”.

Who is right? It is too soon to say. But the Basel committee will have a lot to discuss when it is next allowed to assemble. The priority should be to assess the changes that members have made during the crisis and to address those that have skewed the playing field. That will be a delicate exercise but it is essential if the global financial architecture painfully rebuilt after the last crisis is to be sustained.

• Sir Howard Davies, the first chairman of the UK’s Financial Services Authority, is chairman of RBS. He was director of the LSE and served as deputy governor of the Bank of England and CBI director general.
U.N. warns 14M in Latin America could go hungry due to pandemic


The U.N. World Food Programme is urging countries to do more to help those in Latin American countries facing severe food insecurity. Photo courtesy of World Food Programme

May 28 (UPI) -- The U.N. World Food Programme warned that some 14 million people in Latin America could go hungry this year due to the coronavirus pandemic.

The figures released late Wednesday for 11 countries in the region including the Caribbean suggest a substantial increase of some 10 million people suffering from severe food insecurity this year compared to the 3.4 million facing the same conductions last year.

Miguel Barreto, WFP regional director for Latin America and the Caribbean, said assistance is needed to prevent the "COVID-19 pandemic from becoming a hunger pandemic."

"It is vital and urgent that we provide food assistance to the growing number of vulnerable people in the region, as well as those who depend on informal work," he said.

The forecast is calculated based on the comparison between food insecurity in 2019 for the region and analysis of economic indicators after the COVID-19 pandemic began -- and the analysis for 2020 is not encouraging, the WFP said.

According to statistics from the Economic Commission for Latin America and the Caribbean, the region is expected to experience a contraction of 5.3 percent in 2020, which is forecast to further exasperate the already precarious financial position of millions of people with limited access to food.

On Tuesday, the Pan American Health Organization said the Americas had surpassed Europe to become the epicenter of the pandemic, showing particular concern over Latin countries, many of which have seen growing numbers of new cases.

Brazil has recently leaped into second in the world in terms of infections with 414,661 cases and recorded 22,301 cases on Wednesday, the most of any country during the 24-hour period, according to data compiled by worldometers.info.

The WFP is urging countries to provide additional support to those in need and to expand their coverage to migrants and people without formal employment.

"Working together, we can minimize the risk of food insecurity and protect the most vulnerable countries and communities from the potentially devastating effects of the pandemic," Barreto said.
AI robots, automated popcorn dispensers: Cinemas in South Korea go contactless

"Checkbot," an AI-powered robot, takes tickets, answers questions and gives directions at CGV's contact-free "untact" cinema in Seoul. Photo by Thomas Maresca/UPI

SEOUL, May 27 (UPI) -- As South Korea continues to loosen its social distancing guidelines amid the COVID-19 outbreak, hard-hit movie theaters are trying to find ways to lure customers back.

For theater chains such as CGV, the country's largest, an automated, contactless cinema experience could be the key to revitalizing an industry that has seen empty seats during the pandemic.

CGV, owned by South Korean conglomerate CJ, is running a trial of a contact-free theater at a branch in Seoul's Yeouido business district and it offers a glimpse of what the moviegoing future may look like.

The system, which has been in operation since April 20, eliminates virtually all face-to-face interactions between customers and staff. Patrons buy tickets at touchscreen kiosks or via a smartphone app and then scan them at QR code readers installed at the entrance to each theater.

A five-foot-tall, AI-powered "Checkbot" robot with a large front-mounted screen wheels around the cinema, scanning tickets, answering questions using voice recognition technology and leading customers to the restroom or their theater.

The "Popcorn Factory" self-service area features vending machines that provide popcorn, hot dogs and sodas. Other snacks such as nachos, grilled squid and beer can be ordered by app or kiosk. They are then placed by a staff member in a numbered pickup box that the customer opens with a special code. The theater even authenticates parking automatically.

Interest in contactless services -- known as "untact" locally -- has grown dramatically during the COVID-19 outbreak, as online shopping and food delivery usage has spiked and the government Is looking to deregulate telemedicine.


Theater chain Lotte also introduced a version of contactless services to roughly two dozen of its branches in late April.

The changes that CGV is trying out in Yeouido will likely become a part of everyday life going forward, said Lee Jung-woo, manager of the theater chain's smart innovation team.

"The COVID-19 outbreak has raised the need for untact services for customer safety in all industries, and the non-face-to-face needs of movie theater audiences are expected to become part of the new normal," Lee said.

The industry is certainly in need of a boost as ticket sales have plunged during the spread of the coronavirus, particularly after a major outbreak in late February that was centered around the southeastern city of Daegu.

The government never officially mandated that movie theaters had to close, but chains shut down many branches due to lack of customers.

South Korea's box office fell by 65.3 percent over the first quarter of the year compared to the same period last year, according to data from firms S&P Global Market Intelligence and OPUSData.

Even as the country has largely managed to contain the spread of COVID-19 through an aggressive testing and tracing program, movie patrons have been slow to return.

The number of moviegoers fell to a record-low in April, according to the Korean Film Council. Only 970,000 tickets were sold nationwide, a drop of 92.7 percent from a year ago.

After a brief surge in early May over a long holiday weekend, sales have remained flat for the past three weeks, the Korean Film Council reported Tuesday, with theaters suffering from a lack of new releases and lingering customer hesitation. The top-grossing film in theaters over the weekend was a 2017 retread, the Hugh Jackman feature The Greatest Showman.
Lee said the new untact theater hasn't yet drawn nervous customers back.

"There isn't a significant change in the occupancy rate of seats," he said. "However, we've been receiving positive feedback."

Some moviegoers at the near-empty Yeouido theater on a recent weekday evening said they had not been expecting the new automated services.

"It's my first time back to see a movie since the coronavirus outbreak and I was quite surprised at first," said 22-year-old Kim Song-eun. "I didn't expect such a radical change."

Kim said she was impressed with the ease of use of the new system and thought it would be a factor in her choice of theaters in the future.

"It would be good to maintain this system going forward," she said. "I'd definitely choose an untact theater over a normal one if it was not too far away."

Other customers said they felt safer going to the contactless theater.

"The coronavirus spreads easily through face-to-face contact," said 20-year-old Hong Min-seo. "The untact theater is more convenient and It's less stressful for customers and the staff."

In addition to the automated services, theaters are routinely disinfected and seating is spaced out by alternating rows to maintain social distancing, Lee said.

This Yeouido location is just the start, Lee added. Depending on customer response, it may become the standard platform for all branches of the chain.

"We are considering expanding untact cinema to all theaters in the future," he said. "It is expected to enhance customer convenience and streamline the operation of the theater."

Energy investment on pace for record decline, IEA analysis says

Global energy investment could sink to its lowest level in history due to fallout from the coronavirus pandemic,


A board on the the floor of the New York Stock Exchange on March 18 shows declining oil prices as a result of the coronavirus pandemic's impact on world energy markets. File Photo by John Angelillo/UPI | License Photo

May 27 (UPI) -- Global energy investment could sink to its lowest level in history due to fallout from the coronavirus pandemic, the International Energy Agency said in an annual report Wednesday.

The World Energy Investment report said it expects travel and other restrictions to lead to an investment drop it called "staggering in both scale and swiftness."

"The baseline expectation for 2020 is a widespread global recession caused by prolonged restrictions on mobility and social and economic activity," it states.

"Oil is bearing the brunt of this shock because of the curtailment in mobility and aviation, which represent nearly 60 percent of global oil demand," it added.


"After oil, the fuel most affected by the crisis is set to be coal. Coal demand could decline by 8 percent."

The pullback in energy spending cuts across all sectors, from fossil fuels, renewables and efficiency, the report said.

"It means lost jobs and economic opportunities today, as well as lost energy supply that we might well need tomorrow once the economy recovers," IEA Executive Director Faith Birol said in a statement. "The slowdown in spending on key clean energy technologies also risks undermining the much-needed transition to more resilient and sustainable energy systems."

The report assesses trends in global energy investment through mid-May, including individual projects, interviews with energy leaders and investors and the industry's most recent analysis.

"A combination of falling demand, lower prices and arise in cases of non-payment of bills means that energy revenues going to governments and industry are set to fall by well over $1 trillion in 2020," the IEA said. "Oil accounts for most of this decline as, for the first time, global consumer spending on oil is set to fall below the amount spent on electricity."

There have so far been 5.6 million COVID-19 cases worldwide and 350,800 deaths, according to Johns Hopkins University. Many countries are still under strict national and international travel restrictions, which is driving down energy use.

"Now in its fifth edition, the World Energy Investment report is the annual IEA benchmark analysis of investment and financing across all areas of fuel and electricity supply, efficiency, and research and development," the agency said.

"The energy industry that emerges from this crisis will be significantly different from the one that came before."
Questions raised over hydroxychloroquine study which caused WHO to halt trials for Covid-19

Exclusive: Australian researchers query origin of data used for Lancet study, but stress there is no evidence drug is a safe or effective treatment

BEING FROM DOWN UNDER MAY EXPLAIN HAVING THEIR HEADS UP THEIR ASSES

Melissa Davey THE GUARDIAN Thu 28 May 2020
 
Earlier this week, the World Health Organization said it would temporarily drop hydroxychloroquine from its global study into experimental coronavirus treatments after safety concerns. Photograph: George Frey/Reuters


Questions have been raised by Australian infectious disease researchers about a study published in the Lancet which prompted the World Health Organization to halt global trials of the drug hydroxychloroquine to treat Covid-19.

The study published on Friday found Covid-19 patients who received the malaria drug were dying at higher rates and experiencing more heart-related complications than other virus patients. The large observational study analysed data from nearly 15,000 patients with Covid-19 who received the drug alone or in combination with antibiotics, comparing this data with 81,000 controls who did not receive the drug.

The findings prompted researchers from around the world to reassess their own clinical trials of the drug for preventing and treating Covid-19. The World Health Organization halted all its trials involving hydroxychloroquine due to the concerns raised in the study about its efficacy and safety. It was once viewed as among the most promising medicines to treat the virus, though no study to date has found this to be the case, and the drug can have toxic side-effects. The Australian Department of Health had been stockpiling millions of doses of the drug in case clinical trials found it proved useful.

Australian hydroxychloroquine trial to treat Covid-19 under review after WHO safety concern
https://www.theguardian.com/world/2020/may/26/australian-hydroxychloroquine-trial-under-review-world-health-organization-concern-over-safety

The study, led by the Brigham and Women’s Hospital Center for Advanced Heart Disease in Boston, examined patients in hospitals around the world, including in Australia. It said researchers gained access to data from five hospitals recording 600 Australian Covid-19 patients and 73 Australian deaths as of 21 April.

But data from Johns Hopkins University shows only 67 deaths from Covid-19 had been recorded in Australia by 21 April. The number did not rise to 73 until 23 April. The data relied upon by researchers to draw their conclusions in the Lancet is not readily available in Australian clinical databases, leading many to ask where it came from.

The federal health department confirmed to Guardian Australia that the data collected on notifications of Covid-19 in the National Notifiable Diseases Surveillance System was not the source for informing the trial.

Guardian Australia also contacted the health departments of Australia’s two most populous states, New South Wales and Victoria, which have had by far the largest number of Covid-19 infections between them. Of the Australian deaths reported by 21 April, 14 were in Victoria and 26 in NSW.


Victoria’s department confirmed the study’s results relating to the Australian data did not reconcile with the state’s coronavirus data, including hospital admissions and deaths. The NSW Department of Health also confirmed it did not provide the researchers with the data for its databases.

The Lancet told Guardian Australia: “We have asked the authors for clarifications, we know that they are investigating urgently, and we await their reply.” The lead author of the study, Dr Mandeep Mehra, said he had contacted Surgisphere, the company that provided the data, to reconcile the discrepancies with “the utmost urgency”. Surgisphere is described as a healthcare data analytics and medical education company.

In a statement, Surgisphere founder Dr Sapan Desai, also an author on the Lancet paper, said a hospital from Asia had accidentally been included in the Australian data.

“We have reviewed our Surgisphere database and discovered that a new hospital that joined the registry on April 1, and self-designated as belonging to the Australasia continental designation,” the spokesman said. “In reviewing the data from each of the hospitals in the registry, we noted that this hospital had a nearly 100% composition of Asian race and a relatively high use of chloroquine compared to non-use in Australia. This hospital should have more appropriately been assigned to the Asian continental designation.”

He said the error did not change the overall study findings. It did mean that the Australian data in the paper would be revised to four hospitals and 63 deaths,.

Dr Allen Cheng, an epidemiologist and infectious disease doctor with Alfred Health in Melbourne, said the Australian hospitals involved in the study should be named. He said he had never heard of Surgisphere, and no one from his hospital, The Alfred, had provided Surgisphere with data.

“Usually to submit to a database like Surgisphere you need ethics approval, and someone from the hospital will be involved in that process to get it to a database,” he said. He said the dataset should be made public, or at least open to an independent statistical reviewer.

“If they got this wrong, what else could be wrong?” Cheng said. It was also a “red flag” to him that the paper listed only four authors.

“Usually with studies that report on findings from thousands of patients, you would see a large list of authors on the paper,” he said. “Multiple sources are needed to collect and analyse the data for large studies and you usually see that acknowledged in the list of authors.”

He stressed that even if the paper proved to be problematic, it did not mean hydroxychloroquine was safe or effective in treating Covid-19. No strong studies to date have shown the drug is effective. Hydroxychloroquine and chloroquine have potentially severe and even deadly side effects if used inappropriately, including heart failure and toxicity. Other studies have found the drug is associated with higher mortality when given to severely unwell Covid-19 patients.

Australian doctors warned off after prescribing potentially deadly Covid-19 trial drug to themselves TOLD YA, HEADS UP THEIR ASSES


In a statement Surgisphere said it stood by the integrity of its data, saying all information from hospitals “is transferred in a deidentified manner” but could not be made public.

“This requirement allows us to only maintain collaborations with top-tier institutions that are supported by the level of data-integrity and sophistication required for such work,” the statement said. “Naturally, this leads to the inclusion of institutions that have a tertiary care level of practice and provide quality healthcare that is relatively homogenous around the world. As with most corporations, the access to individual hospital data is strictly governed. Our data use agreements do not allow us to make this data public.”

Scientists have reiterated the need to wait for the results from rigorous randomised control trials, considered the gold standard of science, and the Australian Department of Health has warned the drug should not be given to patients other than in clinical trials.

Cheng said it would be a mistake to stop strong, well-designed clinical trials examining the drug because of questionable data. The Lancet study findings have prompted the leaders of an Australian hydroxychloroquine trial, known as the Ascot trial, to review the future of their study. The outcome of that review has not yet been announced.

The Ascot study has been recruiting patients in more than 70 hospitals in every Australian state and territory, and 11 hospitals in New Zealand. The randomised control trial is exploring whether hydroxychloroquine in combination or on its own can treat Covid-19 patients and prevent deterioration in their condition. The leader of the trial, Prof Josh Davis, has written to the Lancet study authors asking for an explanation of the data.

In the meantime, patient recruitment for the study had been put on hold, an Ascot spokeswoman said. “Following an observational study published in the Lancet Ascot has paused patient recruitment pending deliberations by the governance and ethics committees overseeing the trial,” she said. “We expect these deliberations to occur rapidly and will provide further information as they arise.”

Questions about the paper’s statistical modelling have also come from other universities, including Columbia University in the US, prompting Surgisphere to issue a public statement.

Last month Australia’s chief scientist, Dr Alan Finkel, urged the public to be cautious about findings and interpretations from studies in the race to find cures and treatments for Covid-19.

Serious concerns have being raised by bioethicists, clinicians and scientists that scientific rigour and peer review is falling by the wayside in the race to understand how the virus spreads and why it has such a devastating impact on some people.
Fauci: Hydroxychloroquine ineffective as COVID-19 treatment
Don Jacobson & Danielle Haynes

National Institute of Allergy and Infectious Diseases Director Dr. Anthony Fauci speaks to reporters at the White House on April 16. File Photo by Chris Kleponis/UPI | License Photo

May 27 (UPI) -- Dr. Anthony Fauci said Wednesday that hydroxychloroquine, a drug President Donald Trump said he has taken to ward off the coronavirus, is not an effective treatment based on the latest scientific data.

Fauci, the director of the National Institute of Allergy and Infectious Diseases, made his most definitive statement yet against the drug once touted by Trump as a possible treatment.

"The scientific data is really quite evident now about the lack of efficacy," Fauci, the White House's top infectious disease expert, said.

His statement comes on the heels of France banning the drug altogether Wednesday and the internationally respected science journal The Lancet publishing a 96,000-patient study that concluded hydroxychloroquine had no effect on COVID-19.

RELATED WHO suspends trials of hydroxychloroquine, citing safety

France's decision was published in the country's official legal journal, ending the drug's use as a weapon in the pandemic just weeks after French epidemiologist Dr. Didier Raoult recommended it as a key tool against the coronavirus disease.

Tuesday, the French High Council of Public Health and National Agency for the Safety of Medicines and Health Products said hydroxychloroquine has shown higher rates of death and cardiac arrhythmia in COVID-19 patients.

French Health Minister Olivier Veran ordered the assessments last weekend after the study in The Lancet. The study also reported increased death rates and irregular heartbeat among COVID-19 patients treated with hydroxychloroquine.

RELATED Chloroquine, hydroxychloroquine linked to higher death risk in COVID-19

The World Health Organization said Monday it paused medical trials involving the drug.

On Wednesday, Mike Ryan, the executive director of WHO's emergencies program, said there's no evidence hydroxychloroquine and related drug chloroquine work to treat COVID-19.

"There is no empirical evidence at this point that these drugs work in this case either for treatment or for prophylaxis," he said. "We do not advise the use of hydroxychloroquine or chloroquine for the treatment of COVID-19 outside randomized control trials or under appropriate close clinical supervision subject to whatever national regulatory authorities have decided."

RELATED Studies show no benefit of malaria drug against COVID-19

Hydroxychloroquine and chloroquine have been used as anti-malarial drugs for decades and are sometimes used to treat lupus and rheumatoid arthritis.

Trump and others have said hydroxychloroquine could be a potential treatment for COVID-19 or to prevent infection. The U.S. Centers for Disease Control and Prevention and American Heart Association, however, have warned that using it without medical supervision can lead to a greater risk of cardiac arrest.
On This Day: First surviving set of quintuplets born in Canada
On May 28, 1934, the Dionne sisters, Emilie, Yvonne, Cecile, Marie and Annette, first documented set of quintuplets to survive, were born near Callander, Ontario, and soon became world-famous. Emilie died in 1954, Marie in 1970 and Yvonne in 2001.
By
UPI Staff


The Dionne quintuplets and their sisters arrive at Lansdowne Park in June 1947 to take part in a program of religious music during the Marian Congress. The quintuplets were born May 28, 1934. File Photo courtesy of Library and Archives Canada


https://www.upi.com/Top_News/2020/05/28/On-This-Day-First-surviving-set-of-quintuplets-born-in-Canada/4381589988620/?sl=2

In 1892, the Sierra Club was founded by naturalist John Muir.
In 1961, Amnesty International was founded in London by lawyer Peter Berenson. The organization won the Nobel Peace Prize for its work supporting people imprisoned because of their race, religion or political views.
File Photo by Roger L. Wollenberg/UPI


In 2008, Nepal's newly elected Constituent Assembly voted to dissolve the 239-year-old monarchy and form a republic, officially ending the reign of King Gyanendra.
In 2014, author-poet-activist Maya Angelou (I Know Why the Caged Bird Singsdied in Winston-Salem, N.C. U.S. President Barack Obama called Angelou, who was 86, "one of the brightest lights of our time."

VIDEO IS AMERICA THE NEXT BIG CORONAVIRUS THREAT TO THE WORLD

VIDEO HONG KONG POLICE FIRE TEAR GAS PEPPER ROUNDS

Will Hong Kong’s rule of law survive the challenge of Beijing’s national security legislation?

From its process of enactment – apparently bypassing the local legislature and ignoring public opinion – to its future implementation and enforcement, the law is incompatible with the city’s common law tradition


Hong Kong’s courts will be severely tested in trying to uphold the rule of law



Michael C. Davis
Published: 9:00am, 28 May, 2020




Illustration: Craig Stephens

With the expected passage of the National People’s Congress resolution on national security this week, mainland and Hong Kong officials assure us that the proposed law will be narrowly drafted and pose no threat to basic freedoms and the rule of law in Hong Kong. This assurance should be doubted.

The claim that public officials are reliable people who will only go after the bad guys underlies the People’s Republic of China’s tradition of rule by law. It presumes that a society of laws is one where officials issue the right directives and everyone else is bound to follow them. Such use of law as only an instrument of control is not the rule of law as known in Hong Kong.

Rather, the rule of law primarily aims to maintain public order by ensuring that officials comply with properly enacted laws in carrying out their duties. For common law Hong Kong, under the Basic Law, such laws should be the product of a proper legislative process with enforcement and oversight in the ordinary courts.
This is not what is envisioned with regard to the proposed national security law. The NPC resolution runs afoul of a number of Basic Law requirements. First, the process of enactment raises grave concern. The NPC has directed this mainland-drafted national security law be added to Annex III of the Basic Law and then directly promulgated for application in Hong Kong.

The central government claims that the local
disorder on the streets associated with the protests represents a threat to national security. Its decision to take matters into its own hands runs afoul of the requirement in
Basic Law Article 14 that, “The government of the Hong Kong Special Administrative Region shall be responsible for the maintenance of public order in the Region”.
Basic Law Article 18 further provides, “National laws shall not be applied in the Hong Kong Special Administrative Region except for those listed in Annex III”, with further provision that the law being listed must “be applied locally by way of promulgation or legislation by the Region”.


here have been reports that Beijing may promulgate the law directly on its own, in violation of this provision requiring the SAR to do so. More important is the requirement in the same article that laws enacted under this provision “shall be confined to those relating to defence and foreign affairs as well as other matters outside the limits of the autonomy of the [SAR] as specified by this law”.

Basic Law Article 23 clearly places the enactment of such laws on national security, secrecy and the like within the scope of local autonomy, providing explicitly that such laws should be enacted by the Hong Kong SAR “on its own”.

Beijing officials are fond of saying that, since Hong Kong did not enact a law under Article 23, then Beijing has to step in and do so. On close examination, this is a fallacious argument. In 2003, the Hong Kong government proposed a draconian version of such a law that was widely and rightly condemned by the masses of Hong Kong people.

On July 9, 2003, about 50,000 people gathered outside the then Legislative Council building to voice their disapproval of the Tung Chee-hwa government’s handling of the proposed Article 23 legislation, about a week after half a million people marched on the streets to oppose the law. Photo: SCMP


There was no reason a law covering the areas addressed in Article 23 could not have been proposed through a proper law reform process. In the Hong Kong tradition, such an approach would likely include submissions to the Law Reform Commission with proper public consultation.


Such reform should have aimed to improve on existing laws in this area, with high regard for basic rights. Instead, the central government is now seeking to force through a law that aims to control or intimidate its critics.

Why the West is so focused on Hong Kong
27 May 2020

On a substantive level, an even greater concern is the problem of fitting this mainland-drafted national security law into Hong Kong’s rule-of-law-based system. Claims by mainland officials that the law will be narrowly drawn are hardly reassuring, given the extreme application of national security laws to
silence opposition on the mainland.


That the law purports to broadly reach acts against state power suggests it might even be applied to innocuous actions such as blockading local government offices, as is common to protests in Hong Kong’s dense urban environment.

A number of other limitations have become apparent. Basic Law
Article 22 provides that “no department of the central people’s government … may interfere in the affairs” which Hong Kong administers on its own. As already noted, this would encompass both public order and Article 23 legislation.

The fourth item of the NPC resolution, to the contrary, provides for
setting up in the Hong Kong SAR the relevant national security agencies of the central government. The compatibility of such mainland institutions with an open society in Hong Kong raises grave concern.

The sixth item of the NPC decision ominously provides that the Standing Committee is authorised to establish a comprehensive legal system and execution mechanism to “precisely prevent, stop and punish any behaviours” that pose a serious risk to national security, as it relates to secession, sedition, terrorism and interference by foreign countries or outside influences. The scope of intrusion on Hong Kong’s autonomy, rule of law and human rights is breathtaking.

This also poses a severe challenge to the Hong Kong judiciary and its maintenance of the rule of law. How will such prevention, stoppage and punishment be delivered? Will the Hong Kong courts be able to exercise judicial review over both the text and the application of this law, as they do over all other laws in Hong Kong?

Even if they are given such review power in the normal practice, one can easily imagine the severe pressure on judges reviewing this law and the acts of mainland officials under it. Some discussion has worryingly even suggested the creation of a special tribunal in this area.

We must add to these concerns the chilling effect such a legal regime will have on freedom of speech and the press in Hong Kong. Will journalists and public citizens dare to speak out against Beijing’s intrusions and decisions in these areas?

Will our civil society dare to interact with the global discourse, international bodies, NGOs or other critical voices in such areas as human rights, public health or the environment if they see local activists who do hauled off to jail?


Michael C. Davis 
a former professor of law at the University of Hong Kong, is a global fellow at the Woodrow Wilson International Centre in Washington, DC and a senior research scholar at the Weatherhead East Asia Institute at Columbia University

Michael C. Davis is professor of law and international affairs at the O.P. Jindal Global University in India and a resident fellow at the Woodrow Wilson International Centre in Washington, DC. A professor in the Law Faculty at the University of Hong Kong until late 2016, he continues as a non-resident senior fellow in the university’s Centre for Comparative and Public Law.
Why Beijing’s national security law for Hong Kong leaves too many unanswered questions to feel safe

Vague language creates uncertainty over who, beyond protesters in the streets, could be accused of subversion, secession or terrorism


Perceived threats to Hong Kong’s high degree of autonomy risk provoking a tough response from Trump, the State Department and Congress

Opinion Michael Chugani 28 May, 2020

A woman stands in front of police during a protest against Beijing's move to enact a new national security law for Hong Kong, in Causeway Bay on May 24. Photo: DPA

Last Friday, after Beijing dropped a bombshell of imposing a national security law on Hong Kong, a foreign journalist asked if I was scared. As a journalist myself, I have to admit I fear the law could harm my work.

When China’s parliament enacts the law, would I still be able to write that I detest the country’s authoritarian government? Would I break the law if I urged the United States to protect Hong Kong’s high degree of autonomy that the Basic Law promised?
Beijing has only laid out national security areas without details, leaving us guessing. Chief Executive Carrie Lam Cheng Yuet-ngor couldn’t answer when a reporter asked if the law would be retroactive. That would have a chilling effect.

Stationing mainland security agents here would, too. The new law allows that, but why the legal permission now when Hong Kong booksellers were abducted in 2015 anyway?

The bombshell was a response to last year’s protests, but the areas puzzle me – subversion, secession, terrorism and foreign interference. Subversion is trying to destroy or overthrow a government. The masses who marched peacefully were opposing an extradition bill, not destroying the government.



When peaceful marches morphed into violent protests after Lam initially refused to kill the bill, the protesters were venting fury over what they saw as eroding freedoms, not trying to overthrow the government.

Secession is separation. A tiny ragtag group of young dreamers advocate independence, but waving independence banners doesn’t mean an actual ability to achieve their aim.

There is no universal definition of terrorism, but the consensus is premeditated violence against not just intended targets but the general public in the name of religious or political ideology.

Last year’s violence involved running battles between protesters and the police, not premeditated action to terrorise the public. There have been several police discoveries of bomb-making material. The government spin is the protest movement is spawning home-grown terrorists.

We won’t know for sure unless suspects are found and tried. Aside from Molotov cocktails, no bombs were thrown or remotely detonated during eight months of protests.
Does foreign interference include former chief secretary Anson Chan Fan On-sang going to Washington to advocate for Hong Kong democracy? Or activist Joshua Wong Chi-fung urging the US to weaponise Hong Kong’s special trade status under the 1992 Hong Kong Policy Act and its 2019 amendment, known as the Hong Kong Human Rights and Democracy Act?

We won’t know until Beijing provides details. Both Beijing and the local government have blasted the Policy Act and its 2019 amendment as interference in China’s internal affairs. The act simply asks Beijing to live up to its promised high degree of autonomy under “one country, two systems” for Hong Kong to qualify for a privileged trading status separate from the mainland.

Hong Kong has benefited from this law since reunification. How can the United States enforcing its own laws be interference? If it is considered to be interference, the simple solution is for Hong Kong and Beijing to tell the United States it doesn’t want special trade status.

The Policy Act requires an annual State Department report. Last year’s report said that, despite diminished autonomy, Hong Kong still qualified for special trade status. Secretary of State Mike Pompeo has now described the national security law as a death knell for Hong Kong’s autonomy. US President Donald Trump has warned he is planning action against China’s security law for Hong Kong.

White House says Beijing’s proposed national security law for Hong Kong could lead to US sanctions

Given these tough words, what will this year’s delayed Policy Act report say? I can only guess, but I can’t see how Pompeo can still give Hong Kong a free pass on special trading status. I still remember Senator Mitch McConnell exclusively revealing the Policy Act to me when I worked in Washington. He was very committed to
upholding the act, which Congress fully supported.

There is likely to be congressional uproar if Trump, in deference to President Xi Jinping, takes only mild action. My guess is doing that would anger many in Congress. They would probably feel the Policy Act and its 2019 amendment, which had unanimous support, have become a toothless tiger.


Michael Chugani is a Hong Kong journalist and TV show host