Tuesday, August 18, 2020

Why the people are protesting in Hong Kong

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Syed Ahmed Uzair

Article Title

Why the people are protesting in Hong Kong

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Global Views 360

Publication Date

August 18, 2020

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Signs condemning police brutality - Tensions rise in Hong Kong after the government banned protest

Signs condemning police brutality - Tensions rise in Hong Kong after the government banned protest | Source: Joseph Chan via Unsplash

Hong Kong is a special administrative region of the People’s Republic of China located on the Eastern Pearl River Delta of the South China Sea. From 1842 to 1997, the region was under the control of the Britishers.

In 1997 the  sovereignty of Hong Kong was transferred to China with the principle of “one country, two systems” which provided some degree of autonomy for Hong Kong. This system was supposed to be in force for a period of minimum fifty years from 1997 to 2047. However, under President Xi Jinping, China has been aggressively making such rules and regulations which increase the influence of mainland China on administration of Hong Kong.

In June 2020, China started implementing a new national security law for which potentially severely limits the independence of the judiciary of Hong Kong. Under the proposed law, Hong Kong’s Chief Executive, who is answerable to Beijing, gets the power to appoint judges for specific security cases. It also calls for setting up a security agency in Hong Kong to resolve existing conflicts and challenges faced by Beijing with respect to Hong Kong.

China defended the law by citing that it would prevent and punish secession, subversion as well as foreign infiltration. Beijing has argued that these three factors are responsible for fuelling unrest in the city since last year. Critics however have very different opinions regarding the law. For them this law directly attacks the relative autonomy granted to Hong Kong after Britain handed it back to China in 1997.

The law can potentially be employed to target anti-government protests and other forms of dissent in the region of Hong Kong. It has instilled fear in the minds of the Hong Kong residents that the Chinese Communist Party is trying to curb the freedom of speech and protest in the region in an effort to bring Hong Kong under its authoritarian rule.

Many protesters are of the belief that the local governments of Hong Kong are no longer autonomous and act on the whims of Beijing. They accuse the city's top leader, Chief Executive Carrie Lam, who is appointed by Beijing, of acting only in the interest of mainland China while ignoring to safeguard the autonomy of Hong Kong.

The protests Hong Kong witnessed in May 2020, were quite similar to the ones the city witnessed almost a year ago when China proposed an extradition law for Hong Kong. The law was eventually scrapped after a flurry of protests. However the protest against the territory’s existing leadership turned into a protest against Chinese ruling party’s efforts to merge Hong Kong with mainland China.

At its core, the protest movement is aimed at protecting Hong Kong’s autonomy and resisting encroachment from the mainland. However, China’s adamant approach in bringing Hong Kong under the mainland amidst a falling economy and rising agitation and police brutality has had a negative impact on the residents.

Many Hong Kong protesters have started moving to countries who are willing to adopt them over fears of being under scrutiny from the Chinese government. Many of the skilled workers are now looking at ways to exit the city and move to better alternatives. More than half of the people from the age group of 18 to 24 are considering options outside of Hong Kong owing to the uncertainty surrounding the region’s fate.

Despite the protest by citizens and condemnation and actions by the US, Britain and other Western countries, it seems unlikely that China is going to halt its efforts to dismantle the autonomy of Hong Kong and effectively merge it with the mainland China.

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February 4, 2021 4:39 PM

Bedrock of US Democracy: Checks and Balances of Governing Branches

When the American Revolution ended in 1783, the United States Government was in a state of flux. The founding fathers (George Washington, Thomas Jefferson, Benjamin Franklin, John Adams, Alexander Hamilton, John Jay, and James Madison) did not want to establish another country that was ruled by a king. The discussions were centered on having a strong and fair national government that protected individual freedoms and rights and did not abuse its power. When the new Constitution was adopted in 1787, the structure of the infant government of the United States called for three separate branches of government, each with their powers and systems of checks and balances. This would ensure that no one branch would become too powerful because the other branches would always be able to check the power of the other two. 

The legislative branch is described in Article 1 of the US constitution. It has 100 US senators (two for each state), and 435 members in the House of Representatives, which is better known as the US Congress. Making laws is the primary function of the US Congress, but it is also responsible for approving federal judges, US Supreme Court justices, passing the national budget and declaration of war.

The executive branch is described in Article 2 of the US Constitution. The leaders of this branch of government are the President and the Vice President. They are responsible for enforcing the laws the Congress sets forth. The President works closely with a group of advisors known as the Cabinet. They assist the President in making important decisions within their areas of expertise, like defense, the treasury and homeland security. The executive branch also appoints government officials, commands the armed forces, and meets with leaders of other nations. 

The third branch of the US government is the judiciary and is detailed in Article 3. This branch comprises all the courts in the land, from the federal district courts to the US Supreme Court. These courts interpret the nation's law and punish the ones who break them. The Supreme Court settles disputes amongst states, hears appeals from states and federal courts and determines if federal regulations are constitutional. 

Separation of powers in the United States is the backbone of the Checks and Balances System which provides each branch of the government with special powers to check the other branches and prevent any branch from becoming too powerful. Congress has the power to make laws; the President has the power to veto them, and the Supreme Court may declare the laws as unconstitutional. If both the houses of the Congress have a ⅔ majority, they can override the President's veto. The idea of checks and balances is that it is not enough to separate the powers and guarantee the independence of three branches but also that each branch needs to have the constitutional means to protect the system in case of overreach by any other branch. 

 The Check and Balances system also provides the branches with special powers to appoint or remove members from other branches. Congress (Senate and House of Representatives) can impeach or convict the President of high crimes like bribery or treason. The House of Representatives has the power to bring impeachment charges against the President, and the Senate can convict and remove the President from office. Supreme Court candidates are appointed by the President and confirmed by the Senate. Judges can also be removed by impeachment in the House of Representatives and conviction in the Senate. 

The legislative branch, which consists of the Senate and House of Representatives, passes bills, controls the federal budget, and has the power to borrow money on credit on behalf of the United States. It also has the sole authority to declare war, as well as to raise and regulate the military. It oversees, investigates and makes rules for the government and its officers. The Senate can ratify treaties signed by the President and give advice and consent to presidential appointments to the federal judiciary, federal executive departments and other posts. It also has the sole power of impeachment (House of Representatives) and trials of impeachment (Senate). 

The executive branch consists of the President and the Cabinet. The President is the commander-in-chief of the armed forces, executes the instructions of the Congress, may veto bills passed by Congress (but the veto may be overridden by a two-thirds majority of both houses), perform the spending authorized by the Congress, declare emergencies and publish regulations and executive orders. They make executive agreements which do not require ratification and sign treaties, which require approval by the ⅔ of the Senate. They also have the power to make a temporary appointment during the recess of the Senate and can grant "reprieves and pardons for offenses against the United States, except in cases of impeachment."

The Judiciary determines which laws Congress intended to apply in any given case, exercise judicial review and review the constitutionality of laws, determines how Congress meant the law to apply to disputes and determines how laws should be interpreted to assure uniform policies in a top-down fashion via the appeals process.

The system of Checks and Balance was designed and implemented by the founding fathers with such diligence that even after more than 225 years, it is still effective in preventing undue outreach by one of the three branches.

Note: Sites that have been referred to: 

  1. https://www.law.cornell.edu/wex/separation_of_powers_0
  2. https://avalon.law.yale.edu/18th_century/fed48.asp
  3. https://www.britannica.com/topic/Congress-of-the-United-States
  4. https://www.britannica.com/topic/House-of-Representatives-United-States-government
  5. https://www.britannica.com/topic/Constitution-of-the-United-States-of-America
  6. https://www.britannica.com/topic/executive-government
  7. https://www.britannica.com/topic/checks-and-balances
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