Features
Trump’s Cabinet Formation Uncertainty Worsens
Published
1 year agoon
On November 13, President Joe Biden and President-elect Donald Trump met at the White House to discuss the transition of power.
Biden began his remarks by calling for a smooth transition of presidential power. Afterward, Trump said that politics is difficult, but the transition will be smooth. As Trump continues to “pick and choose” his new cabinet, at least 12 key positions have been filled. Among the candidates are experienced “familiar faces,” industry elites entering politics for the first time, and “close associates” who have supported Trump for years. After four years away from the White House, Trump has been given a second chance to return thanks to the votes of millions of American voters.

Accelerating the formation of a team to return to the White House
So far, Trump has announced candidates for the positions of Secretary of State, Attorney General and Director of National Intelligence, so the new cabinet team is taking shape. Most notably, Trump has appointed a group of people born after 1980 to serve as Director of National Intelligence and Attorney General; among them, the one that has caused the most public outcry is the nominee for U.S. Secretary of Defense, Fox News Channel host Pete Hegseth, who is 44 years old and graduated from Princeton and Harvard Universities, the oldest and most prestigious universities in the U.S. He has served in the U.S. Army National Civilian Police, the U.S. Army National Guard, the U.S. Army National Guard and the U.S. Navy. He served in the U.S. Army National Guard with deployments to Afghanistan, Iraq and Guantanamo, Cuba. After retiring from the military, he joined Fox as a contributor in 2014 and quickly became a prime-time host and one of the co-hosts of the ace program Fox & Friends.
In addition to Hegseth, the new “post-80s” members of Trump’s cabinet include former New York State Representative Lee Zeldin, born in 1980, who serves as the U.S. Environmental Protection Agency Administrator; New York State Republican Representative Elise Stefanik, born in 1984, who will serve as U.S. Permanent Representative to the United Nations; Tulsi Gabbard, who will serve as Attorney General; and Florida Congressman Matt Gaetz, born in 1982. It is undeniable that Trump is already in his old age, and the nomination of the “post-80s” is probably to complete the “age transition” of the Republican Party’s power after he takes office, so that in the future he will rely more on the “post-80s” as his “political legacy”. After all, according to the U.S. Constitution, Trump will not be able to seek re-election after completing his term of office from 2025 to 2029, so he must be “far-sighted” in laying the groundwork for Vice President-elect Vance’s campaign four years later.
In addition, one of Trump’s obvious considerations in hiring is loyalty. Based on the “bitter lessons” of his last term, almost all of his nominees are loyal supporters of his own, such as Marks, who will lead the Department of Government Efficiency, and Kristi Noem, who has been nominated to be the Secretary of the Department of Homeland Security, who has been rated as a “Trump loyalist” by CNN and other U.S. media outlets. Trump’s new Department of Government Efficiency, undoubtedly a highlight, is headed by U.S. business mogul Elon Musk and Vivek Ramaswamy, who ran for the Republican presidential nomination, and operating outside of the federal government, will be tasked with a wide range of assignments. Nearly everyone agrees that the U.S. federal government, which employs more than 2 million people and spends more than $6 trillion a year, is wasteful and inefficient. Agreeing on what constitutes waste and how to eliminate it is a different matter. There is no doubt that this new department has a long way to go.
Policy Directions for the Next Four Years
During the election campaign, the Republican Party’s platform stated that it would work to “prevent a third world war, restore peace to Europe and the Middle East, and build a missile defense system that covers the entire United States”. It can be expected that the defense and military industries will continue to play an important role in the policy framework of the new U.S. government; in the next four years, U.S. military enterprises will face more opportunities, but also with the uncertainty brought by changes in the domestic political landscape. Trump himself has repeatedly stated that unless Ukraine is willing to negotiate with Russia, he will cut off military aid to the country after he takes office. He has also reiterated his first-term pledge to “rebuild and modernize the U.S. military”. Meanwhile, as Trump begins his second term in office, trust in the U.S. in the Western world, especially in Europe, is likely to decline further. Trump has repeatedly questioned whether the U.S. should remain in NATO, and has insisted that European countries need to spend more than 2% of their respective GDPs on military expenditures in order for the alliance to be worth maintaining.
Trump also repeatedly said during his campaign that he could end the Russian-Ukrainian war “in a day”. When asked how he would do that, he suggested overseeing a deal but declined to give specifics. A study written by two former Trump national security advisers in May said the U.S. should continue to supply Ukraine with weapons, but should condition its support on Kiev entering peace talks with Russia. In an interview with Ukrainian media outlet Suspilne a few days ago, Zelensky said that it is certain that with the policies of the current team in the White House, the war will end sooner. This is their approach and their commitment to the international community. Similar to the situation in Ukraine, Trump has promised to bring “peace” to the Middle East – suggesting that he will end the Israeli-Hamas war in Gaza, as well as Israel’s war with Hezbollah in Lebanon – but Trump has not specified a specific method of realizing “peace” .
With reference to his previous first term, it is not difficult to learn that Trump’s economic policies are often accompanied by aggressive trade protection measures. During the election campaign, he proposed a 20% tariff on goods from all countries, a move that was undoubtedly an attempt to make up for the fiscal gap caused by tax cuts. At a time of deepening globalization, such a policy may trigger off trade friction among countries and even lead to discord in international relations. In Trump’s mindset, trade relations should not be equal, but rather “America First”. He has imposed tariffs on steel and aluminum products from EU countries, and is now likely to face more international trade disputes during his term of office. Trump’s policy stance will have a wide-ranging impact on U.S. exports and international cooperation, and could lead to global economic instability. In the face of intense competition and possible tariff wars, other countries are bound to respond, creating new challenges for international trade relations in the future.

How Australia is handling itself
A few days ago, Australian Prime Minister Albanese was interviewed and said he had spoken to U.S. President-elect Donald Trump on the phone, saying it was a positive phone conversation and one of Trump’s first calls since his election, and that the two spoke for 10 minutes. The call covered security relations including the Australia-UK-US Trilateral Security Partnership (AUKUS) agreement. Under the AUKUS agreement, Australia will buy U.S. nuclear submarines over the next 10 years and work with the U.S. to develop new nuclear-powered submarines. Albanese said his relationship with US President-elect Donald Trump was off to a very good start. Foreign Minister Wong Ying-yin also signaled this month that the Australian government is confident in its alliance with the United States, its biggest security partner.
With Trump’s selection of China hawks for key positions in his new administration, it is expected that the US will urge Australia to do more to “stand up to China” and respond to China’s “growing assertiveness” in the Pacific. Albanese told the media that during his conversation with Trump he had suggested that it was in the US interest to have “fair trade” with its allies. He also emphasized that in the face of strategic competition between the US and China, while Australia is an ally of the US, China is also an important trading partner: it is Australia’s largest export market and a major buyer of Australian iron ore, natural gas and coal. There is no denying that the strategic rivalry between the United States and China is an issue that Australia is dealing with today. From the Prime Minister’s statement, it is easy to see that Australia wants to continue to play the role of a middle power, not taking sides but balancing between the US and China. But if Trump’s tariff threats materialize, global trade and investment will suffer, and the impact on China’s growth will spill over into Australia’s economy. The Australian economy would not be immune to an escalation of trade tensions, and the Australian government must be prepared for this.
Defense cooperation is another area where Australia and the United States have a close relationship. The U.S. is Australia’s primary security ally, with a U.S. Marine Corps stationed in the northern Australian city of Darwin, where an air base is being upgraded to accommodate the deployment of U.S. bombers. Australia is also desperate for White House assurances of continued support for the Orcus partnership. A recent poll shows that more than half of Australian respondents do not want to be involved in a Sino-U.S. conflict. Former Australian Prime Minister Paul Keating said the poll was a clear sign that people were seeing through the fog of the hyped-up “China threat” and were unwilling to get involved in a major conflict. He angrily criticized the Australian Labor government for being “completely out of touch” with the public on foreign policy, arguing that AUKUS would deepen Australia’s military bind with the US, thereby jeopardizing Australia’s own security. It is only by trumpeting himself as a peacemaker that Trump risks returning the US to a position of isolationism and exceptionalism. Fundamentally, this means that the US is neither friend nor foe to anyone. So even though the AUKUS deal has strong support from House and Senate Republicans, it will almost certainly be scrutinized by the Trump administration. There is a great deal of uncertainty about where the future will lead.
Would a change of government make a difference?
For Australians, it’s not just Trump that has changed the needs and development of AUKUS, it’s also clear that the attitudes of the two major political parties towards China will cause the ruling government to view AUKUS differently. In the last election, China clearly wanted the Labor Party to come to power because the Morrison government took a hard line against China. Now that a federal election is likely to be held in March-May next year, Albanese has shown that he has lost the support of many voters. If Liberal Mr. Dutton comes to power, what kind of attitude will he take towards China? It remains to be seen whether the Liberals will continue to adopt Morrison’s confrontational strategy, or whether they will downplay the conflict with China and keep a distance from the US. However, from the fact that both parties want to prevent China from further expanding its influence in the South Pacific Islands, it is clear that it is the common strategy of both parties to gain Trump’s support for AUKUS.
From this point of view, whether or not there is a change of government will not change the relationship between Australia and the United States significantly. However, even before Trump took office, some people in Australia proposed to replace former Prime Minister Kevin Rudd, who has long criticized Trump, to continue to serve as the U.S. ambassador. Rudd has never been satisfied with the isolationism of the United States promoted by Trump in his last term, and it is still uncertain whether Trump will become an obstacle to the relationship between Australia and the United States after he takes office. If the Liberal Party were to come to power, there is a strong possibility that Rudd could be replaced, which is something that Australians would be more interested in.
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Australia’s government has always taken pride in its multicultural society, even presenting it as a unique selling point for tourists and a beacon of hope for immigrants. Yet multiculturalism inevitably brings ideological differences, and ignoring these differences only sets the stage for tragedy.
The recent mass shooting at Bondi Beach (Hanukkah) in Sydney, which resulted in multiple deaths, prompted Australians to mourn the victims and condemn the attackers, which is a natural response. However, this tragedy also exposes a major blind spot of the Australian government: years of ignoring the steadily worsening anti-Semitism over the past two years directly contributed to this bloodshed.
Two Years of Ignored Warnings
From 2023 to 2025, anti-Semitism in Australia gradually increased, escalating from protests to arson attacks, all foreshadowing the mass shooting.
The earliest incident occurred on October 9, 2023, outside the Sydney Opera House. Approximately 500 people initially gathered at Town Hall, then marched near the Opera House, with police estimating around 1,000 attendees. The protest sparked public outrage because of the hateful slogans shouted, such as “F*** the Jews” and “Where are the Jews?” Yet, the police and government largely ignored it, underestimating the potential danger.
The hate crimes continued to escalate in 2024. On October 20, 2024, the Lewis’ Continental Kitchen in Bondi’s Curlewis Street was set on fire in the early morning hours, forcing the evacuation of residents above. This kosher family-owned restaurant had been operating for years and served the local Jewish community, who were deeply affected by the attack. In December of the same year, the Adass Israel synagogue in Melbourne was also targeted in an arson attack, causing serious damage and injuries. Although the police arrested the suspects and classified both cases as terrorist acts, the government continued to downplay their severity, with the Prime Minister merely offering verbal statements condemning racial hatred.
Subsequent anti-Jewish incidents in 2025 included two nurses in Bankstown using violent language toward Israeli patients and refusing care in February, as well as a white nationalist march in New South Wales in November, involving around 60 far-right members. The government’s response in each case was limited to verbal condemnation, brushing off the threats. Inevitably, the December Bondi Beach disaster occurred amid heightened anti-Jewish sentiment, resulting in 15 deaths and dozens injured, becoming the deadliest attack on Australia’s Jewish community in history.
The Root of the Tragedy
These successive hate-driven disasters were not random; they were a ticking time bomb fueled by specific factors.
A major cause is the oversimplification of the Israel-Palestine conflict. Certainly, Israel’s military actions in Palestinian territories, causing deaths and injuries, are excessive and worthy of criticism. But here’s the key distinction: Israel is a nation-state; its government is a political entity subject to critique. Jews are a transnational, cross-political community. The majority of Jews worldwide are not Israeli citizens, did not vote for Netanyahu, and hold diverse or even strongly oppositional views regarding Gaza.
Many people — including some politicians, academics, and social activists — reduce the world into a black-and-white dichotomy: “oppressed = absolute justice” and “powerful = original sin.” This logic leads to the dangerous equivalence: “Jews ≈ Israeli government ≈ oppressors.” In some universities and left-wing activist circles, anti-Semitism is repackaged as “anti-colonialism,” with Jewish students pressured to publicly denounce Israel to receive protection. Consequently, many non-Israeli Jews are treated as a monolithic political entity rather than a community, and their fears for personal safety — including the real risk of being attacked — are dismissed as “overreacting” or “distracting.”
Worse still, Albanese’s government, in pursuit of a superficial social harmony, chooses inaction out of political fear. To appease voters, including Muslim communities and progressive anti-war, anti-Israel constituencies, Albanese and his party sacrifice a smaller, high-risk Jewish population, offering only vague statements like “stay calm” or “both sides must respect each other.”
The fallacy lies in equating “Palestinians and Muslims have a right to be angry, so everyone deserves respect” with “these attacks are anti-Semitic and cannot be justified by political reasons.” True freedom means no excuse can rationalize racial insults or attacks on others, regardless of cultural background. Yet government rhetoric has consistently stayed in the abstract: “I oppose all forms of hatred,” “we understand the pain and anger of communities,” or “we support peace, respect, and dialogue,” instead of clearly stating: “These attacks are anti-Semitic and cannot be justified.” This leaves extremists free to exploit political arguments, while innocent people remain unprotected and harmed.
Ultimately, the tragedy was not caused by the government “supporting anti-Semitism,” but by political tolerance of latent hatred, systemic inertia, cultural blind spots, and the romanticization of Palestinian/Muslim anger, until the disaster exploded.
It is unfortunate that, to this day, the Prime Minister and the government have not assumed responsibility — simultaneously acknowledging Palestinian suffering while failing to enforce zero tolerance against violence and intimidation toward Jews. Politically, Albanese never directly dismantled the fallacy, instead allowing the misleading narrative: “Jews are being attacked because Israel did wrong.” This logic, if accepted, would absurdly suggest: “Russia’s invasion justifies attacks on Russian-Australians” or “China’s abuses justify threats against overseas Chinese.”
What Anti-Semitism Means
Some may think anti-Semitism only affects Jews, not other minorities. But this “mind your own business” notion is completely wrong — anti-Semitism is not just hostility toward one group; it is a society’s signal that hatred is being tolerated.
Once hatred is tolerated, it becomes a testing ground. Allowing attacks on Jews signals that people can be targeted because of their identity, faith, or heritage, stripped of basic dignity. The boundary is already broken.
The next target will never be only Jews. Today Jews may be labeled as “problematic,” “too sensitive,” or “asking for trouble”; tomorrow the same language could apply to Muslims; the day after, Asians, Africans, Indigenous people, or LGBTQ+ individuals. Hatred never needs a new reason — it just needs a precedent society permits.
As the saying goes, hatred is like a contagious disease. When exceptions are allowed, when people calculate “which minorities deserve sympathy and which can be sacrificed,” society is learning to ignore the humanity of others — a skill that will inevitably be applied to more innocent people.
Where Is Hope?
Given the despair and fear of the past two years of anti-Semitic attacks, is hope possible? Certainly. But it does not exist in political slogans or empty statements; it is embodied by those who refuse to normalize hatred.
The most immediate example is Ahmed Al-Ahmed, an Arab-Syrian Muslim who, during the Bondi Beach shooting, risked his life to stop the gunman and protect innocent Jews. Although he was shot multiple times and severely injured, he successfully disarmed the attacker and prevented more deaths. Global media praised his courage as a life-saving act. His actions shattered a persistent lie: this is not a “Jews vs. Muslims” issue, but a matter of human stance against violence and hatred.
After the Bondi Beach attack, many Sydneysiders and Melburnians held interfaith vigils and memorials. Jews, Muslims, Christians, and representatives from other communities joined, lighting candles and offering prayers. Leaders such as Bilal Rauf of the Australian National Imams Council publicly expressed mourning and support, embracing Jewish community leaders — a symbolic act of cross-cultural solidarity. Thousands more held similar ceremonies elsewhere, using silence, candles, and flowers to resist fear and hatred.
Interfaith support has appeared in other incidents as well. After the arson attack on a Melbourne synagogue last year, leaders from Muslim, Hindu, Christian, and Baha’i backgrounds came together to hold vigils and prayers, urging respect and compassion for all groups. Such collective actions reassure victims and send a strong message to society: hate will not be tolerated, and every act of solidarity is a concrete countermeasure against anti-Semitism.
Even acts less reported by mainstream media matter. Online videos showed a heavily injured pregnant woman, Jessica (Jess), shielding a 3-year-old Jewish girl with her own body, protecting her until rescuers arrived. The child’s parents later said she saved their daughter’s life, showing the importance of civilian intervention.
During the chaos, Bondi and North Bondi volunteer lifeguards rushed to aid victims before police or paramedics arrived, running through gunfire, using surfboards as stretchers, and escorting around 250 evacuees to safety. One pregnant woman even went into labor during the rescue, but volunteers ensured her safety. Their actions stabilized numerous victims and saved lives.
Looking at history, both Jews and Palestinians have endured prolonged persecution and injustice: Jews faced massacres, discrimination, and expulsion worldwide, while Palestinians suffered displacement, loss of homeland, and ongoing armed conflict. Although all sides in the Middle East conflict have made mistakes, the pain of both groups reminds us that when politics, power, and hatred dominate society, ordinary people become victims of violence and injustice.
Yet this shared suffering also offers an opportunity: if both sides can engage in dialogue based on mutual understanding and respect, without letting hatred cloud their judgment, it may be possible to overcome historical wounds and seek coexistence and reconciliation. It is in this space of rationality and empathy that society can truly learn to respect every group’s rights, without being controlled by anger and prejudice.
Ultimately, anti-Semitism is not a problem affecting only one group, but a test of society itself: who deserves protection? When the safety of any minority is relativized, everyone stands at greater risk. Yet it is precisely for this reason that empathy and courage are so crucial. Only when society draws clear and consistent boundaries — acknowledging the suffering of all groups and maintaining zero tolerance for hate and violence — does hope cease to be a slogan and become a reality that protects every individual.
Features
Examining Freedom of Speech in Hong Kong Through the Jimmy Lai Case
Published
2 days agoon
December 23, 2025
Jimmy Lai, the founder of Apple Daily, endured 156 days of trial under the National Security Law and was preliminarily convicted on December 15, 2025, on multiple charges, including collusion with foreign forces, publishing seditious material, and other conspiracy-related offenses.
The formal sentencing hearing will not take place until January 12, 2026, to determine the length of his imprisonment. Nevertheless, this verdict sends an undeniable signal and warning to Hong Kong residents: freedom of speech in Hong Kong is running out of time.
Freedom of Speech Is Not What It Used to Be
Since Hong Kong’s handover, the SAR government has retained much of the administrative culture and governance practices from the British colonial period. Before the enactment of the National Security Law, freedom of speech in Hong Kong was relatively broad. Media outlets could openly criticize officials, question policies, and publish investigative reports without immediate legal repercussions. Newspapers like Apple Daily thrived on sharp political commentary and incisive editorials; civil society and protest activities also operated within a certain degree of freedom.
Of course, freedom of speech was never absolute. Citizens still had to avoid baseless defamation or personal attacks. Overall, Hong Kong possessed a culture of debate, satire, and investigative reporting. Cartoonists could mock leaders, columnists could challenge policy decisions, and social media offered a relatively open platform for political discussion and engagement. Civil society could organize forums and large-scale peaceful marches, such as the 2003 anti-Article 23 protest that attracted 500,000 participants. The judiciary at the time was relatively independent, so criticizing officials or exposing corruption through the press did not automatically constitute a crime.
However, with the case of Jimmy Lai, the closure of Apple Daily in 2021, and the full implementation of the National Security Law, freedom of speech in Hong Kong has steadily declined. Media professionals, activists, and even ordinary citizens have begun to self-censor, and public discourse has visibly contracted. Hong Kong, once willing to expose wrongdoing, criticize the government, and conduct in-depth investigations, now bears little resemblance to its former self.
The Core Issues of Injustice in the Case
Under the forceful implementation of the National Security Law by the central government, the official narrative around Jimmy Lai has been uniform: “Lai sought foreign sanctions and cooperated with anti-China forces abroad,” “foreign powers glorified Lai’s actions in the name of human rights and freedom,” or “freedom of speech cannot override national security.” There is no room for debate. Nobody wants the police knocking on their door, so people naturally turn a blind eye.
But a closer analysis of the case reveals that these statements mask the deeper injustice of the crackdown on freedom of speech in Hong Kong.
First, the so-called “collusion with foreign forces” is extremely broad and vague. What exactly counts as collusion? Does speaking with foreign media qualify? The law does not clearly define the elements of “collusion,” the threshold of intent, or the degree of actual harm, allowing law enforcement and prosecution to rely heavily on after-the-fact interpretation. Ordinary public actions—such as giving interviews to foreign media, contacting overseas politicians or organizations, or calling international attention to Hong Kong’s situation—can now be reclassified as criminal acts. The core principle of the rule of law is predictability; citizens should clearly know what is legal and what is illegal. When legal boundaries are vague, people cannot adjust their behavior in advance to comply with the law, and lawful speech can be criminalized at any time, violating the fundamental judicial principle of nullum crimen sine lege (“no crime without law”).
Second, the case shows that under the National Security Law, the Chief Executive is allowed to freely select pro-Beijing judges and limit jury participation, clearly deviating from Hong Kong’s common law tradition. This blurs the line between the judiciary and the executive in politically sensitive cases. Even if a judge maintains professional integrity, the perception of independence is equally important. When politically sensitive cases are heard by executive-designated judges, defendants and the public naturally question whether the judiciary is free from political pressure. Once judicial credibility is undermined, rulings themselves are difficult to view as fully impartial, creating structural disadvantages for any defendant.
For instance, the judge stated during the trial that Lai “continued despite knowing the legal risks” and “intended to overthrow the Chinese Communist Party,” even declaring him the mastermind behind the entire conspiracy. The judgment described his use of the newspaper and personal influence as a coordinated propaganda campaign aimed at overthrowing the CCP. When the defense argued that Lai’s activities were within the scope of freedom of expression, the judge responded: “Opposing the government itself is not wrong, but if done in certain improper ways, it is wrong.” The judgment further characterized Lai’s actions as “a threat to Hong Kong and national security,” even claiming that he “sacrificed the interests of China and Hong Kong citizens.” Such politically charged language links speech directly to intent, raising doubts about judicial impartiality.
Additionally, the trial, spanning from 2023 to 2025, lasted 156 days—far beyond the original schedule. Prolonged legal procedures, combined with pre-trial detention or restrictions, caused ongoing psychological, physical, and financial pressure on Lai, particularly severe given his advanced age. His daughter, Claire Lai, stated in multiple media interviews that his health continued to deteriorate in prison, with significant weight loss and physical weakness. His son, Sebastian Lai, publicly appealed to international leaders to monitor his father’s health, fearing he might not have much time left. The prolonged trial itself constitutes an informal punishment, yet the authorities ignore the defendant’s health while asserting that the case is “lawful” and “protecting national security,” framing external criticism as foreign interference. Under this context, dissent is no longer considered part of public discourse but a potential threat, and the defendant’s human rights are irrelevant. Even before sentencing, Lai has suffered tremendous mental and physical trauma, while the prosecution, as an instrument of the state, bears no comparable burden. This asymmetry places the defense at a disadvantage and undermines the practical significance of the presumption of innocence.
Human Rights Betrayed by China
If the central government can crush a media figure simply for expressing opinions, citizens—especially the younger generation—might wish to fight back. But fantasy aside, reality must be acknowledged: Hong Kong will not allow any so-called “rebellion” to occur.
First, with the Sino-British Joint Declaration effectively undermined, the central government is no longer bound to follow the United Nations International Covenant on Civil and Political Rights (ICCPR). Analysts have reasonably pointed out that the National Security Law bypasses Hong Kong’s normal legal processes, showing that the city’s once-vaunted rule of law is eroding. Once developments are circumvented in this way, the central government deems it necessary to monitor speech through ad hoc legal measures. From the arrest of activists like Miles Kwan to the prolonged trial of Jimmy Lai, dissatisfaction with policies—whether large or small—is no longer tolerated.
The ICCPR’s Article 19 protects freedom of expression, including political commentary, criticism of the government, press, publications, and international exchanges. Independent media, investigative reporting, and critical journalism are foundational to civil society’s freedom of speech. Article 14 guarantees fair trial rights, encompassing independent and impartial courts, fair bail procedures, public hearings, and the right to full defense. Yet the central government has violated both of these basic provisions. Under the National Security Law, the legal definitions of “seditious acts” and “collusion with foreign forces” are extremely vague, turning normal journalistic and public speech—comments, interviews, and international engagement—into potential criminal acts, producing a severe chilling effect. Such vagueness in law itself constitutes an infringement on freedom of expression.
Similarly, fair trial rights are compromised: judges in national security cases are designated by the Chief Executive, bail thresholds are exceptionally high, trials may occur without a jury, and Beijing retains ultimate interpretation authority. UN human rights experts widely regard political cases subject to executive influence as violating fundamental fair trial standards under international law.
Articles 21 and 22, which protect freedom of assembly and association—including peaceful protests, political organizations, and normal operation of civil groups—have also seen clear regression in Hong Kong. Numerous civil organizations have disbanded, and protests are treated as potential national security risks, with participants possibly facing retrospective criminal liability—a disproportionate and preventive restriction.
UN human rights experts, special rapporteurs, and treaty monitoring committees have repeatedly pointed out that the National Security Law’s broad definitions and implementation methods do not meet the necessity and proportionality standards required under international human rights law. The core issue is not whether the state has the right to maintain security, but whether national security is being used to completely override human rights. Rights are not gifts from the government; they are protections that cannot be arbitrarily revoked. When “national security” becomes an infinitely expandable and unquestionable rationale, rights once guaranteed under the ICCPR cease to exist legally and become political privileges revocable at any time.
How the Central Government Circumvents the ICCPR
China’s ability to bypass the ICCPR is not accidental; it stems from its historical, selective participation in the UN human rights framework. China signed the ICCPR in 1998 but has never ratified it, meaning it has never formally recognized its legal binding force domestically. Under international law, unratified treaties do not create full legal obligations for the state. Moreover, China’s “dualist” legal system requires that international treaties be transformed into domestic law to be enforceable in courts; without this, they cannot be invoked or applied in judicial proceedings.
This design allows China to diplomatically acknowledge human rights values and participate in UN discussions while retaining complete interpretive and enforcement sovereignty domestically. Even though Article 39 of the Basic Law states that the ICCPR continues to apply in Hong Kong, its practical effect is constrained by the National People’s Congress Standing Committee’s ultimate interpretive authority and the constitutional priority of national security. Within this structure, the common law culture and human rights protections inherited from Britain are not outright rejected but are institutionally neutralized. When the central government deems certain rights in conflict with national security, international covenants and local constitutional commitments can be reinterpreted, suspended, or effectively set aside, without immediate international legal consequences.
This institutional reality explains why Jimmy Lai gradually lost legal protection. British-established common law in Hong Kong was founded on limiting power, prioritizing individual rights over the state, and judicial checks on the executive. Article 39 of the Basic Law was intended to lock in this system and the ICCPR so that post-handover Hong Kong residents would retain fundamental freedoms. However, China’s consistent refusal to ratify the ICCPR and insistence that international human rights treaties cannot override national sovereignty allows it, through NPC interpretations and the National Security Law, to nullify the covenant’s substantive force.
Jimmy Lai’s case is a concrete manifestation of this systemic shift. Activities that would have been protected—journalistic work, political commentary, international engagement—are no longer treated as protected civil rights but are redefined as security risks subject to state intervention. With Britain’s rights-centered legal culture powerless to check central authority, and the ICCPR legally unenforceable in China, Lai and all Hong Kong citizens have effectively lost the last line of institutional protection. China does not simply “violate” international human rights law; it uses institutional design and hierarchical restructuring of power to transform Hong Kong citizens’ freedoms and legal protections from inalienable rights into political privileges revocable at will.
Crucially, many Hong Kong citizens fail to recognize that the National Security Law’s revocation of freedom of speech is legally possible precisely because China has never formally recognized the ICCPR. Signing in 1998 without ratification, the ICCPR has never been incorporated into Chinese law, meaning it cannot be directly enforced in courts. Many mistakenly believe that Article 39 of the Basic Law guarantees irrevocable protection, ignoring that its practical effect is constrained by NPC interpretations and the constitutional prioritization of national security. Thus, the National Security Law, deemed to safeguard the country’s fundamental interests, reclassifies freedom of expression not as a right protected by international law but as an exception fully limited for security reasons. This is the harsh reality that citizens still hoping for “protection under international law” have yet to fully grasp.
Lessons from the Jimmy Lai Case
Jimmy Lai’s case transcends individual criminal liability or a single judicial ruling; it symbolizes a systemic transformation in Hong Kong. In a city that was once legally bound by the ICCPR, a media founder has been convicted for his journalistic stance, political commentary, and international engagement. This demonstrates that the National Security Law has effectively reshaped the boundaries of speech and the judiciary. The case reflects not merely a ruling against one defendant but a governance logic that redefines normal civic behavior as a national security risk. Under this logic, press freedom, fair trials, and civil society are no longer institutional cornerstones but variables that can be sacrificed. Lai’s trial marks a clear transition from rights protection to political permission.
In this harsh reality, leaving Hong Kong is not shirking responsibility; it is a rational choice for risk management. When institutional resistance has been criminalized, preserving personal freedom, dignity, and future prospects is often more practical than futile confrontation.
For those choosing to stay in Hong Kong, the priority is not nostalgia or sentiment but a clear-eyed recognition that Hong Kong no longer operates under the system promised by the Sino-British Joint Declaration. The city is fully integrated into China’s political and security governance framework. Within this structure, international support, foreign government statements, or UN mechanisms can offer only limited symbolic effect. This is not “foreign betrayal” but a reflection of international political realities. Residents staying must understand the choice they are making and bear the risks and restrictions of a contracting legal and civil environment.
For those considering emigration, illusions must be discarded. Certain institutional protections and freedoms once present in Hong Kong have effectively vanished and will not return simply because of personal desire. Those who ultimately stay must accept living in a society where speech, organization, and political participation are tightly constrained. For undecided individuals, the Jimmy Lai case is an unavoidable benchmark for careful consideration. It clearly defines the boundaries of systemic risk, and making the decision to leave at this stage is not yet too late.
For Hongkongers already abroad, the next challenge is not only to mourn what Hong Kong has lost but to rebuild life, identity, and future on new soil. Only then can leaving be more than retreat, instead becoming genuine rebirth and forward movement.

This year, the world has continued to pass through turmoil.
Israel has temporarily stopped its attacks on Gaza. I hope that this region, after nearly 80 years of conflict, can finally move toward peace. I remember when I was young, I believed that this land was given by God to the Israelites, and therefore they had the right to kill all others in order to protect the land that belonged to them. I can only admit my ignorance. Yet this did not cause me to lose my faith; rather, it taught me to seek and understand the One I believe in amid questioning and doubt.
December is the time when we remember the birth of Jesus Christ—a season when people would bless one another. Sameway sends blessings to every reader, whether you are in Australia or gone overseas. May you experience peace that comes from God, and not only enjoy a relaxing holiday with your family, but also share quality time together. Our colleagues will also take a short break, and we will resume publication in early January next year, journeying with our readers once again.
While our office will be relocating, the daily news commentary we launched on our website this year will continue throughout this period though. Our transformation of Sameway into a multi-platform Chinese media outlet will also continue next year. It is your support that convinces us that Sameway is not just a publication—it is a calling for a group of Christians to walk with the Chinese community. It is also the blessing God wants to bring to the community through us. We hope that in the coming year, Sameway will continue to stand firm as a Chinese publication committed to speaking truth.
Today, anyone making a request to U.S. President Trump must first praise his greatness and contributions—no different from the Cultural Revolution-style rhetoric we despise. Western politicians call this “political reality.” Russia, as an aggressor, shamelessly claims to “grant” conditions for peace to Ukraine, and other Western leaders must endure and compromise. Australians continue to face economic and living pressures, and immigrants are still scapegoated as the root of these problems, leaving people anxious. Sadly, last week Hong Kong suffered a once-in-a-century fire disaster, causing 151 deaths and the destruction of countless properties—a heartbreaking tragedy. Even more tragic is witnessing the indifference of Hong Kong officials responsible for the incident, and the fact that Hong Kong has now been fully absorbed into the Chinese model of governance—an authoritarian system dominated entirely by “national security” or the will of its leaders, where no one may question the truth of events or demand government accountability.
Yet, in the midst of such helplessness, I still believe that the God who rules over history is the same God who loves humanity—who gave His only Son Jesus to the world to redeem humankind.
Wishing all our readers a Merry Christmas and a Happy New Year! See you next year.
Mr. Raymond Chow, Publisher
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