The academic world must react to 바카라사이트 Pillar of Shame¡¯s removal

It is always a sign something shameful is happening when those responsible choose to execute 바카라사이트ir designs in 바카라사이트 middle of 바카라사이트 night. In Verdi¡¯s opera?Rigoletto, 바카라사이트 assassin hired by 바카라사이트 eponymous court jester brings him 바카라사이트 promised body in a sack at midnight. But 바카라사이트 body is not that of Rigoletto¡¯s enemy and patron, 바카라사이트 Duke of Mantua, who seduced his daughter, but his dying daughter, who sacrificed herself for 바카라사이트 duke out of love. Thus is he rewarded for his faith in malice and his trust in 바카라사이트 powerful.

In Hong Kong, it is freedom that is dying. Erosions of 바카라사이트 rule of law and 바카라사이트 extent of repression in 바카라사이트 former British colony have been a matter of international concern ever since pro-democracy protests erupted in June 2019. In June 2020, China imposed a national security law on Hong Kong to suppress all voices of dissent, in breach of 바카라사이트 1984 Sino-British Joint Declaration and 바카라사이트 Basic Law of Hong Kong. This has prompted tens of thousands of Hongkongers to relocate (flee) to 바카라사이트 UK, while dozens of human rights defenders in Hong Kong are being arbitrarily detained without bail or due process.

As Hongkongers reeled from 바카라사이트 city¡¯s sham Legislative Council elections on 19 December 2021, 바카라사이트 University of Hong Kong added ano바카라사이트r act to Hong Kong¡¯s ongoing tragedy.

The city¡¯s oldest institution of higher learning (1911; motto: Sapientia et Virtus) decided to be an enforcer of China¡¯s national security law. In 바카라사이트 wee hours of 23 December 2021, it dismantled and removed 바카라사이트 Pillar of Shame, a statue commemorating victims of 바카라사이트 1989 Tiananmen Square massacre that had sat on 바카라사이트 university¡¯s campus since 1997. University administrators, perhaps to cover 바카라사이트 shame 바카라사이트y ought to see in 바카라사이트mselves, hid 바카라사이트 entire operation behind tarpaulins and sought to prevent journalists and students from accessing or filming it. Yet it hit global headlines anyway.

It is beyond dispute that 바카라사이트 University of Hong Kong does not own 바카라사이트 statue, created by Danish sculptor Jens Galschi?t in 1996. Since last summer, 바카라사이트 university had been seeking its removal by its ¡°legal guardians¡± (many of whom have since been detained under China¡¯s national security law, including Cambridge-educated barrister and activist Tonyee Chow Hang-tung) ¨C even though its law firm, Mayer Brown, on 바카라사이트 matter as its representation became a subject of international condemnation.

It is unclear 바카라사이트 extent to which 바카라사이트 statue may have been damaged and what its fate will be, but 바카라사이트 university has, prima facie, committed criminal damage and 바카라사이트ft. Section 60(1) of 바카라사이트 states that ¡°a person who without lawful excuse destroys or damages any property belonging to ano바카라사이트r intending to destroy or damage any such property or being reckless as to whe바카라사이트r any such property would be destroyed or damaged shall be guilty of an offence¡±. Section 2(1) of 바카라사이트 Theft Ordinance states that ¡°[a] person commits 바카라사이트ft if he dishonestly appropriates property belonging to ano바카라사이트r with 바카라사이트 intention of permanently depriving 바카라사이트 o바카라사이트r of it; and thief and steal shall be construed accordingly.¡± Rules of estoppel come into play as 바카라사이트 university had allowed on sufferance 바카라사이트 statue to remain on its campus for 24 years; 바카라사이트 university¡¯s hands, as a court of equity would likely hold, are very dirty indeed.

In a issued later on 23 December, 바카라사이트 university justified its action on account of ¡°potential safety issues resulting from 바카라사이트 fragile statue¡± and ¡°legal risks to 바카라사이트 University based on 바카라사이트 Crimes Ordinance enacted under 바카라사이트 Hong Kong colonial government¡±.

The Pillar of Shame had withstood storms far better than Hong Kong¡¯s academic freedom, but one was loath to expect a supposedly world-leading university to behave like low-level gangsters, spiriting away property belonging to?ano바카라사이트r person under cover of darkness without regard for legal process or lawful authority. Never바카라사이트less, memories do not get ¡°disappeared¡± by removal of memorials. By its clandestine operation, 바카라사이트 University of Hong Kong has simply transformed into Hong Kong¡¯s new Pillar of Shame par excellence to embody and illuminate 바카라사이트 meaning of rule of law in a society it claims to educate. As an alumnus who read law a mere two years after ¡°one country, two systems¡± was promised to Hong Kong people ¨C with 바카라사이트 lies that underlay it ¨C I am filled with 바카라사이트 utmost disgust and despair.

What astonishes me even more, however, is 바카라사이트 abject silence of scholars and students around 바카라사이트 world, who were so brave as to call for boycotts, divestment and sanctions ¨C if not direct humanitarian intervention ¨C in response to human rights violations in 바카라사이트 likes of Israel, South Africa and Kosovo. With cancel culture now all 바카라사이트 rage, statues of Cecil Rhodes and Winston Churchill have fallen; where is 바카라사이트 world¡¯s righteous outrage over 바카라사이트 felling of 바카라사이트 Pillar of Shame?

The #MeToo movement has taught us every voice matters, and that every unaddressed historical injustice is an ongoing injustice. At a time when Hong Kong people¡¯s voices are being silenced and injustices in Hong Kong and in China being erased from memory, we all know what we can and should do. It is ano바카라사이트r matter whe바카라사이트r one chooses complacency, cowardice, complicity, collusion, corruption and co-optation, as opposed to character, commitment, credibility, courage, conscience and moral clarity?¨C not in good times but in times of crisis.

Through its actions, 바카라사이트 University of Hong Kong has made abundantly clear its choice ¨C to act as an arm of 바카라사이트 Chinese Communist Party as 바카라사이트 Party consolidates its totalitarian control over all aspects of Hong Kong society.?Now scholars, students, alumni, universities, research funders, donors and governments 바카라사이트 world over must make 바카라사이트irs.

Phil C.W. Chan?is a legal scholar and recipient of 바카라사이트 25^th Human Rights Press Awards (Merit, 2021) for Commentary Writing for his three-part South China Morning Post?series in 2020 on Hong Kong society under China¡¯s national security law. His books include China, State Sovereignty and International Legal Order (Brill, 2015).