‘WE’RE WATCHING, WHETHER THE WHOLE WORLD IS WATCHING OR NOT’ Selma Masood is Principal of SM & Co Solicitors and a convenor for HKNLOG
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he city I have called home for the past 41 years, and the city I love, seems somewhat distorted at the moment – a little less focused, a bit lost in time. Recent incidents during the demonstrations and other related public gatherings in Hong Kong have raised questions about the city’s rule of law, the enforcement of the law and the administration of justice. The most popular option for combating the political apocalypse appears to be griping about it on social media to other people who already feel the same way. But it struck me that we, as lawyers, might have more to offer. So I, together with a group of senior Hong Kong Lawyers, formed the Hong Kong Neutral Legal Observers Group (HKNLOG) to try and observe what is really happening. It might seem unnecessary in the days of smartphone cameras but that second set of eyes serving as a witness, acting as a neutral party, may be comforting to those on the ground. I have attended most, if not all the public gatherings over the summer. Being present in the front lines means some risk of being subjected to tear gas and pepper spray. I attend protests clad in my green high visibility vest, hard hat, goggles and gas mask, armed with a notepad, camera
Selma Masood
Lawyers in green high-visibility vests observe a march
and smartphone to document what happens between protesters and the police. I believe that legal observers provide a calming effect for both sides. Everyone knows there’s someone there watching as a neutral force and it is a good presence to have at a protest. Protests have been largely peaceful, although they have escalated quite dramatically which is a cause for concern and leaves me anxious. Some of the issues I have observed relate to criminal damage and vandalism, potential interference with constitutional rights of public assembly, and the widespread use of stop and search. I have also observed the throwing of objects, setting of fires and the deployment of water cannon vehicles. I have witnessed physical violence and the use of excessive force,
coming from both sides of the political spectrum, as well as the use of force against the public. What has moved me the most over the past months is the resilience of the Hong Kong people, from all walks of life, from all professions and of all ages. Hongkongers are truly creative – where else in the world would you see flashmob singalongs, laser pen shows, human chains, online crowdfunding campaigns, Lennon walls, 10pm chantings, mooncakes sporting popular protest slogans on their crusts, protest art, flags and the “be water” slogan? I hope the picture of this magnificent city becomes refocused. I miss the city of lights, the entrepreneurial energy that makes Hong Kong so special. I’m confident we’ll find our way. If any city has the capability to rebound, Hong Kong can.
CALMING INFLUENCE OF NEUTRAL LAWYERS STANDING BY
PHOTOS: SUPPLIED & HKNLOG
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he Hong Kong Neutral Legal Observers Group (HKNLOG) was formed in early August. The founding members felt there was a need for neutral observers to attend public gatherings to observe what was happening and to help maintain the rule of law in Hong Kong. HKNLOG is a politically neutral organization, whose membership is open to all members of the Hong Kong legal profession regardless of their political inclinations or affiliations, subject to agreement that when they represent HKNLOG they remain neutral and impartial. It takes no position on the “five
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demands” and instead aims to look at events through a legal, rather than political, lens. It currently has around 50 members, including partners of international and local law firms, junior and senior counsel, and inhouse lawyers in companies and financial institutions. In relation to the rule of law, HKNLOG is not neutral, and considers it has an obligation to promote and uphold the rule of law. Its members observe and record what they see and in particular any potential infringements of law, in order to gain a balanced perspective of what is taking place in Hong Kong.
These observations then form the basis for free seminars to educate members of the public on their legal rights and obligations and for periodic public reports on what the group is observing and related legal issues. HKNLOG plans to issue the first of its public reports shortly. It also hopes that the presence of lawyers might serve as a reminder of how important it is for both sides to respect the law and the rule of law. *Further information about HKNLOG is available at www. facebook.com/legalobservers/ or email: legalobserversgroup@gmail. com OCTOBER 2019
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