London Daily

Focus on the big picture.

Hong Kong, The Permanent Colony

Hong Kong, The Permanent Colony

Despite having a distinct language, identity, and culture, Hong Kong has never been in full control of its development and future.
Tam Tak-chi has spent much of the past two decades talking. First as a popular radio host, then as a prodemocracy activist, Tam had opinions, many of them, and cared little about holding them back. So it was not entirely surprising—perhaps even expected in Hong Kong’s rapidly atrophying space for dissent—that his words eventually drew the ire of authorities. Early one September morning last year, Tam was arrested at his home.

His case has not drawn as much media attention, either domestically or abroad, as some other recent incidents in the city—the day he was arrested, police nabbed some 300 others, fired pepper balls at demonstrators, and tackled a 12-year-old girl to the ground. In the months that followed, a steady, unrelenting clampdown included the jailing of the newspaper executive Jimmy Lai, and the mass arrest of prodemocracy figures has continued.

Yet in many ways, Tam’s legal ordeal helps explain contemporary Hong Kong better than those other episodes, pointing both to the city’s fast-changing political and legal landscape and to its more deeply rooted history.

Initial reports speculated that Tam, 47, was being charged under the sweeping national-security law imposed on Hong Kong by Beijing last year to snuff out dissent, but after mulling over his offense, the authorities said he would not be pursued under the new rules.

Instead, prosecutors reached deep into the pages of Hong Kong’s law books for something far older: a colonial-era sedition law. By chanting protest slogans at street booths often set up under the guise of solely providing information to the public about the pandemic, Tam tried, police said, “to incite hatred and contempt against the government” and to “raise discontent and disaffection between people from Hong Kong and other places.” The law had not been used for decades, since before Hong Kong’s 1997 handover from London to Beijing.

Then, well after Tam’s arrest, a judge who oversees national-security law cases was installed to oversee the proceedings. The appointment melded Hong Kong’s colonial legacy with new, harsh, and ill-defined directives from the mainland, showing that despite China’s lambasting of British rule, it has no problem using—indeed strengthening—the framework of political repression left behind nearly a quarter century ago. (Tam was arrested again this month along with more than 50 prodemocracy figures. All were accused of violating the national-security law for taking part in an unofficial primary election, but they have not been formally charged.)

More symbolically, Tam’s case provides a reminder of Hong Kong’s existence as a place trapped in constant suspense. Despite having a distinct language, identity, and culture, the city has never been in full control of its development and future, always being pushed and pulled at the behest of a faraway capital. Once that was London; now it is Beijing.

“It’s definitely unique,” Simon N. M. Young, a professor and associate dean at the University of Hong Kong’s law school, said of Tam’s case. Since 1997, colonial laws have not been used to curb protest or activism, he told me, but the national-security law appears to have “emboldened the police” to deploy them. “There is a clear intent for the [national-security law] to be integrated with the existing local laws rather than to be a standalone law.”

Tam’s own life and career mirrors the transition from British to Chinese rule. When he was a fresh university graduate in 1994, he landed a spot as a broadcast trainee at a Hong Kong radio station, where he met Ray Chan, who himself had just graduated from a university on the other side of the city. The two balanced each other, making for enjoyable radio banter: Tam a born entertainer, brash and outspoken; Chan a former Catholic-school prefect, more reserved and conservative. They soon landed a daily show, where they talked about entertainment gossip, the weather, and music, taking on new monikers in the process: Tam was “Fast Beat,” Chan was “Slow Beat.”

Almost by accident, Chan told me, the pair were slowly drawn into Hong Kong’s political scene, disappointed by the parties that monopolized the prodemocracy space and, they believed, failed to deliver on the movement’s promises. Chan founded a more radical grouping and was later joined by Tam. “I learned to be anti-establishment from Fast Beat,” Chan, who was elected as a lawmaker in 2012, said. (Like Tam, Chan was arrested on suspicion of subversion, shortly after we spoke. He has not been formally charged and was released on bail.)

The bespectacled Tam was a persistent, exuberant, and sometimes abrasive presence in the prodemocracy movement. He ran unsuccessfully in a number of contests but was expected to fare well in legislative elections scheduled for last September, capitalizing on the enthusiasm and anger of the protest movement.

Those polls were postponed, but, undeterred by the setback and the national-security law, Tam continued to set up streetside stalls that he said were to educate the public about the pandemic. While he did hand out masks and information about staying healthy, he also kept up protest chants and drew crowds as he derided Beijing’s crackdown.

These events frequently drew the attention of police, whom Tam relished needling, calling for the deeply distrusted force to be disbanded. The animosity was not one-sided, a frontline police officer told me, speaking on condition of anonymity because he was not cleared to talk to the media. His peers were elated when Tam was arrested: As the news spread in police chat groups, the officer told me, it was met with a stream of celebratory profanity directed at Tam.

Typically defiant, before his first court appearance Tam posed with a large yellow sign emblazoned with black Chinese characters, “You want me to shut up? I’ll speak even louder.” He was soon slapped with another charge for conspiracy to commit sedition: Tam, prosecutors argued, had passed his microphone to an attendee at one of his booths, and that person had used the device to shout slogans of their own. In all, Tam was charged with seven counts related to sedition, along with a host of other offenses.

Denied bail, Tam will have spent nine months in jail when his trial begins in May. Chan, who before being arrested visited Tam each week, said his friend had been kept primarily in solitary confinement. The proceedings had led Chan to see just how encompassing the national-security law is and how it has already been interlaced with the existing criminal-justice structure. The legislation is “not just a law, it is a system,” he said. “It is the power for the government to do anything.”

In that, the national-security law is layering on top of a regime that is nearly 200 years old. The British colonial government in Hong Kong began developing sedition regulations in the 1840s, according to Fu Hualing, the dean of the University of Hong Kong’s law school and the author of a paper on the history of the law.

The legislation was originally intended to regulate the press in the new colony but was most notably wielded in 1967 when anti-colonial, leftist riots broke out in Hong Kong, fueled by the Cultural Revolution sweeping the mainland.

At the time, the law was used to prosecute pro-Beijing newspaper figures, whom Britain accused of playing a role in stoking tensions, as well as to suspend printing of their papers. The arrests created a diplomatic crisis: Red Guards surrounded the office of the British charge d’affaires and set it on fire. The same pro-Beijing outlets that today cheer the erasure of freedoms in Hong Kong called the arrests an infringement on the free press and “fascist atrocities.”

Two additional types of seditious intent were added and police powers expanded in 1970, before the law was folded into another measure the following year. It then sat unused and unchanged for the next 20 years, Fu wrote.

During the twilight years of the colonial government, Martin Lee, a longtime prodemocracy activist, urged Britain’s last governor to repeal a host of outdated laws, describing them as “land mines'' that could be abused when Hong Kong returned to Chinese control.

Lawmakers in Hong Kong agreed, writing in 1997 that “the offence of sedition is archaic, has notorious colonial connotations and is contrary to the development of democracy.” Yet they settled for narrowing the law and bolstering defenses against it, rather than removing it entirely. These changes passed four days before the handover but were never enacted.

For the more than two decades that followed, the law was again left undisturbed. Lee’s warnings of “a bleak, Orwellian future” if colonial ordinances remained on the books seemed hysterical and hyperbolic, until protests erupted in 2019.

What the Hong Kong government has lacked in creativity with regard to addressing the protest movement, it has made up for in finding ways to punish those involved. Carrie Lam, the city’s chief executive, who began her bureaucratic career as an enthusiastic member of the colonial administration, rarely misses an opportunity to lavish Beijing with praise and trumpet Hong Kong’s achievements since the “return to the Motherland.” She is also apparently unbothered by the contradictions of retaining a fondness for colonial-era laws.

Lam used a pre-handover ordinance to ban the use of face masks at protests in 2019, a move that sparked further demonstrations but was upheld by the city’s top court. She deployed the same ordinance last year to postpone the scheduled legislative elections. Police, too, have made liberal use of colonial-era rules to arrest people for taking part in protests deemed illegal. In addition to Tam, city authorities are pursuing at least 11 other cases of sedition, according to a spokeswoman for the Security Bureau.

Colonial ordinances are “one component of a big, messy smorgasbord of laws for the purpose of essentially political repression,” Kevin Carrico, a senior lecturer in Chinese studies at Monash University in Australia, told me. The government’s renewed embrace of these laws comes as it tries to force Hong Kongers, particularly the youth, to become more patriotic Chinese citizens.

The efforts, which will almost certainly broaden, already include the beginning of an overhaul of the education system, passing a new law to protect the Chinese national anthem, and a push to bring mainland culture to the city through state-controlled films and publications.

The notion that Hong Kong is being treated like a colony is fiercely rebutted by Chinese officials, however. Tian Feilong, an associate professor at Beihang University’s law school in Beijing and one of a number of scholars who have offered academic justification for the ongoing reengineering of Hong Kong’s legal system, accused those making the comparison as lacking understanding of Chinese history.

Tian told me the idea that Hong Kong is a colony of China is a “radical political thought” held by those pushing for the city’s independence (though this is still largely a fringe idea in the city and was not the objective of the protests). These people were, he said, seeking “to meet their imagination of Hong Kong’s future.”

The handover from Britain was billed as a move away from colonialism, with Beijing believing that Hong Kongers would embrace the mainland and that identification with the Chinese nation would steadily strengthen.

The prediction proved to be badly off the mark. Instead, many Hong Kongers forged a more independent identity and continue to harbor a deep resentment of Beijing. This week, some prodemocracy activists and organizations even celebrated the 180th year since British forces took control of the territory.

“Essentially Hong Kong was being handed over from one colonial regime that was quite geographically distant to another regime that is geographically a lot closer,” Carrico said. “But that geographic closeness doesn’t really indicate cultural similarity.”
Newsletter

Related Articles

London Daily
0:00
0:00
Close
Unelected PM of the UK holds an emergency meeting because a candidate got voted in… which he says is a threat to democracy…
You Are So Beautiful
Rob Schneider explains California reparations legislation.
Postmodern Jukebox European Tour Version
Who knew badminton could get so intense?
An old French tune (by Georges Brassens) Pomplamoose ft. John Schroeder
Farmers break through police barriers in Brussels.
Sattahip Motor Show 20
London's Iconic British Telecom Tower Sold To Become Hotel
SONATE AU CLAIR DE LUNE - Moonlight sonata
Ukraine Arrests Father-Son Duo In Lockbit Cybercrime Bust
A kiss to build a dream on
US Offers $15 Million For Info On Leaders Of Cybercrime Group Lockbit
Wonderful Tonight - Eric Clapton (Boyce Avenue acoustic cover)
Russia Claims UK Cultural Agency Spied for Ukraine
Mean Blues
Apple warns against drying iPhones with rice
La Chansonnette
Alexei Navalny: UK sanctions Russian prison chiefs after activist's death
Pattaya Addicts
German economy is in 'troubled waters' - ministry
Franz Liszt - Liebestraum - Love Dream
In a recent High Court hearing, the U.S. argued that Julian Assange endangered lives by releasing classified information.
Dream a little dream of me
New video
Unchained Melody sung like you've NEVER heard!
Tucker Carlson says Boris Johnson wants "a million dollars, in Bitcoin or cash, from Tucker Carlson to talk about Ukraine.
Dave Brubeck - Take Five
Russia is rebuilding capacity to destabilize European countries, new UK report warns
Édith Piaf - Non, Je Ne Regrette Rien (Sofie)
EU Commission wants anti-drone defenses at Brussels HQ
Rondo Alla Turca
Von der Leyen’s 2nd-term pitch: More military might, less climate talk
Kiss of fire
Global Law Enforcement Dismantles Lockbit Ransomware Operation
Tom Jones - I´ll Never Fall In Love Again 1967, 1989, 2001
Prince William Urges End to Gaza Conflict
Israel Cachao López - Guajira Clásica
UK court to hear Assange's final appeal against extradition to the US, where he faces charges related to his journalistic work—the publication of a classified video in 2010 that exposed US war crimes against humanity.
Edward Maya - Stereo Love (feat. Vika Jigulina) (Extended Mix)
About 50-60% kids either chose to be YouTuber or influencer
Strauss - Radetzky March - Karajan
A viral video of Nationals MP Barnaby Joyce lying on a Canberra footpath is celebrated by his media mates.
La vie en rose
European Countries React to Navalny's Death by Summoning Russian Diplomats
The Temptations - My Girl (Smokey Robinson Tribute) 2006 Kennedy Cent
Israel has gone ‘beyond self-defence’ in Gaza, says Labour’s Streeting
Orlando Cachaito Lopez Redencion
English farmers to be offered ‘largest ever’ grant scheme amid food security concerns
Edith Piaf - NON, JE NE REGRETTE RIEN
Cameron government knew Post Office ditched Horizon IT investigation
RADETZKY MARCH-2008-Wien, New Year Concert
EU Calls for Immediate Ceasefire in Gaza Conflict
Only you (And you alone)
EU Vows To Hold Putin "Accountable" After Meeting Alexei Navalny's Wife
Strangers In The Night
EU Launches Probe Into TikTok Over Child Protection Under Digital Content Law
Charles Aznavour - La Boheme
The EU Initiates Naval Mission to Defend Red Sea Trade Routes
Summer time
EU and UK Announce Joint Effort on Migration
Sting and Stevie Wonder - Fragile (from Sting's 60th birthday concert)
Brazil's Lula Likens Gaza Operation to Holocaust, Israel Says "Red Line" Crossed
Aux Champs Elysees
Ministers Confirm Proposal to Prohibit Mobile Phone Usage in English Schools
Stand By Me - Ben E. King (Boyce Avenue acoustic cover)
Microsoft-backed OpenAI valued at $80bn after company completes deal
La Mer (Beyond the Sea) – Avalon Jazz Band
‘Alexei would want to tell Russia not to give up fighting’
She
Rwandan Footballer's Dismissal Sparks Concerns Over UK Asylum Plan
Nathalie Song by Enzo Petrachi Stjepan Hauser Cello
Whisky Challenges China's Baijiu Market During New Year Celebrations
Shape of My Heart - Sting (Boyce Avenue acoustic cover)
Avdiivka - Symbol Of Ukrainian Resistance Now In Control Of Russian Troops
Radiohead - Creep
Putin Critic Alexei Navalny's "Killers" Refusing To Hand Over Body, Say Allies
Quizás,Quizás,Quizás - Andrea Bocelli - Jennifer Lopez
"Historic Step": Zelensky Signs Security Pact With Germany
Perhaps, Perhaps, Perhaps - Multi-Couples
"Historic Step": Zelensky Signs Security Pact With Germany
Pentatonix Havana
20 Tech Giants Sign Effort To Fight AI Election Interference Across Globe
Paula Cole - Autumn Leaves
Joe Biden Accuses Putin of Causing Navalny's Death
Oscar Benton Bensonhurst Blues
Russian opposition leader Alexey Navalny has died at the Arctic prison colony
OH NANANA vs ABUSADAMENTE
Tucker Carlson grocery shopping in Russia. This is so interesting.
Nina Simone - ”I Put A Spell On You”. Vezi aici cum cântă Jeremy Ragsd
Julian Assange's Wife Warns of His Death if Extradited to US
NIGHTWISH - The Phantom Of The Opera
‘A lot higher than we expected’: Russian arms production worries Europe’s war planners
Motorshow 2016 Tanjay Negros Oriental
Greece Legalizes Same-Sex Marriage and Adoption Rights
Monica Bellucci - Ti Amo
Hungarian Foreign Minister: Europeans will lose Europe, the Union's policy must change drastically
Michael Jackson - Billie Jean Milena The Voice France 2018
In Britain Homeowners are receiving CPO’s (Compulsory Purchase Orders) so their homes can be redistributed to migrants
Michael Buble (Help Me Make It Through The Night) feat Loren Allred
Memories Canon In D - Maroon 5 (Boyce Avenue piano acoustic cover)
Matteo Simoni - Marina
Maroon 5 - One More Night
Maroon 5 - Memories
Mark Knopfler - Brothers In Arms (Berlin 2007 Live)
Mark Knopfler & Emmylou Harris - Romeo And Juliet (Real Live Roadrunni
Marina, Marina - The LUCKY DUCKIES intimist live concert at Guimarães
Major Lazer & DJ Snake – Lean On Mauranne The Voice France 2016
Love Theme from Romeo and Juliet - Joslin - Henri Mancini, Nino Rota
LoLa & Hauser - Love Story
Linkin Park Jay-Z - Numb Encore (Live 8 2005)
Hallelujah Mennel Ibtissem, The Voice France Leonard Cohen
Leonard Cohen - Dance Me to the End of Love
Leonard Cohen & Natasha Rostova - Dance me to the end of love
La casa de papel - Bella Ciao
La Camisa Negra
L'italiano (Toto Cutugno) - The Gypsy Queens
Juanes - La Camisa Negra
Jonathan and Charlotte - Britain's Got Talent 2012 Live Semi Final - U
John Powell - Assassin's Tango
Joe Cocker - You Can Leave Your Hat On (LIVE in Dortmund)
Joe Cocker - Unchain My Heart 2002 Live
Joe Cocker - A Whiter Shade Of Pale
Jay Z & Alicia Keys - Empire State of Mind LIVE
Jason Mraz - Im Yours (live)
Jarrod Radnich - Bohemian Rhapsody - Virtuosic Piano Solo
James Blunt - You're Beautiful
James Blunt - You're Beautiful & Bonfire Heart (Live at The Nobel Peac)
If You Go Away - Helen Merrill & Stan Getz (Tribute to Virna Lisi)
I'LL BE MISSING YOU
I Say a Little Prayer
Hotel California ( Eagles ) 1994 Live
Historia de un amor - Luz Casal. Vezi interpretarea Biancăi Sumanariu
Here Comes The Sun - The Beatles (Boyce Avenue acoustic cover) on Spot
Heart - Stairway to Heaven Led Zeppelin - Kennedy Center Honors
HAVANA by Camila Cabello Zumba Pre Cooldown TML Crew Kramer Pastra
HAUSER and Señorita - I Will Always Love You
HAUSER - Waka Waka
HAUSER - Sway
HAUSER - Lambada
HAUSER - Historia de un Amor
HAUSER - Despacito
Great Pretender
Georgia May Foote & Giovanni Pernice Samba to 'Volare' - Strictly Come
Gary Moore - Still Got The Blues
GIPSY KINGS VOLARE Penelope Cruz
Fugees - Killing Me Softly With His Song
French Latino - Historia de un Amor
For A Few Dollars More The Danish National Symphony Orchestra (Live)
Flashdance • What a Feeling • Irene Cara
Filip Rudan - “Someone You Loved” Audicija 4 The Voice Hrvatska Sez
Eric Clapton - Wonderful Tonight
Enya - Only Time
Enrique Iglesias - Bailando (English Version) ft. Sean Paul
Enrique Iglesias - Bailamos
Elena Yerevan Historia de un amor
Ed Sheeran - Shape of You (Official Music Video)
Ed Sheeran - Perfect Symphony [with Andrea Bocelli]
Ed Sheeran - Perfect (Official Music Video)
Easy On Me - Adele (Boyce Avenue 90’s style piano acoustic cover) on S
ERA - Ameno
ELENA YEREVAN- Cancion Del Mariachi-IN STUDIO-2017 DPR
Dust In The Wind - Kansas (Boyce Avenue acoustic cover)
Don't Let Me Be Misunderstood
Despacito x Shape Of You - Pentatonix
Deep Purple - Child In Time - Live (1970)
David Foster When A Man Loves A WomanIt's A Mans World (SealMichael Bo
Dance me to the end of Love ( Pi-Air Design )
Coolio - Gangsta's Paradise (feat. L.V.) [Official Music Video]
Conquest Of Paradise (Vangelis), played on Böhm Emporio organ
Cielito Lindo
Chico & The Gypsies - Bamboleo
Canción Del Mariachi - Antonio Banderas, Los Lobos • Desperado
Camila Cabello - Havana (Audio) ft. Young Thug
Camila Cabello - Havana ( cover by J.Fla )
California Dreamin' - The Mamas & The Papas José Feliciano (Boyce Ave
Buster Benton - Money Is The Name of The Game
Hallelujah Pentatonix
Bobby McFerrin - Don't Worry Be Happy (Official Music Video)
Bob Dylan - Knockin' On Heaven's Door Emilia The Voice Kids France
Besame Mucho - Cesaria Evora
Ben E. King - Stand by Me Sax Cover Alexandra Ilieva Thomann
Bella Ciao
Bella Ciao - INSTRUMENTAL
Beautiful in White x Canon in D (Piano Cover by Riyandi Kusuma)
Bad Romance - Vintage 1920's Gatsby Style Lady Gaga Cover ft. Ariana Savalas & Sarah Reich(1)
BELLA CIAO 2020 - KARAOKE ITALIANO
BAMBOLEO - Gipsy Kings • Antonio Banderas, Katya Virshilas
BAILANDO (original)
Awesome Ukrainian yodeler - SOFIA SHKIDCHENKO (with English subtitles)
Avicii - The Nights
Atom - The Great Gig in the Sky
Aretha Franklin - (You Make Me Feel Like) A Natural Woman (Official Ly
Antonio Banderas - Cancion del Mariachi (Desperado)
André Rieu - Zorba's Dance (Sirtaki)
André Rieu - Can't Help Falling In Love
André Rieu & Mirusia - Ave Maria
Andrew Reyes Elton John - Don't Let The Sun Go Down The Voice 2020 (
Andreas Kümmert Whiter Shade Of Pale The Voice of Germany 2013 Showd
And I Love You So
All About That Bass - Postmodern Jukebox European Tour Version
Alan Walker - Faded (Piano Cover)
Ain't No Sunshine -- Bill Withers (cover by Canen 12 y.o.)
African music
Adriana Vidović - “Creep” Audicija 4 The Voice Hrvatska Sezona 3
Adriana Vidović - “Believer” Nokaut 3 The Voice Hrvatska Sezona 3
A Fistful of Dollars - The Danish National Symphony Orchestra and Tuva
4 Beautiful Soundtracks Relaxing Piano [10min]
2CELLOS - Whole Lotta Love vs. Beethoven 5th Symphony [OFFICIAL VIDEO]
2CELLOS - Smooth Criminal (Live at Suntory Hall, Tokyo)
2CELLOS - Smells Like Teen Spirit [Live at Sydney Opera House]
2CELLOS - Despacito [OFFICIAL VIDEO]
13 Year Old Girl Playing Il Silenzio (The Silence) - André Rieu
094.All About That Bass
00 - SADNESS PART 1
(Ghost) Riders In the Sky (American Outlaws Live at Nassau Coliseum, 1
(Everything I Do) I Do It For You - Bryan Adams (Boyce Avenue ft. Conn
What a wonderful world
Moon river
×