Walter's Blog |
"But how can you live and have no story to tell?" Fyodor Dostoevsky
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Reflections on recent events, plus the occasional fact free rant unfiltered by rational argument.
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28/10/2022 0 Comments Physician heal thyself! "No responsible person would countenance the lax issuance of exemption certificates." In recent weeks, the police arrested 39 people over alleged fake Covid exemption certificates. That includes six doctors, seven medical staff and 26 patients. One doctor, who fled overseas, is wanted by the police.
These arrests sparked a series of events, including a judicial review and a change in the law. It's interesting to note that among those arrested is 51-year-old Dr Amy Lam Ding-yee, accused of issuing over 1,300 medical exemption certificates fraudulently. She is the daughter of Professor Lam Shiu-kum, the former dean of the Li Ka Shing Faculty of Medicine at the University of Hong Kong between 1995 and 2001. In 2009, he began 25 months in jail after pleading guilty to misconduct in public office after he funnelled money from patient fees into his private company. I raise the point because when news of the arrests broke, several leading doctors took to the media to decry the police action. A few struck a tone to suggest that the medical profession is beyond reproach. Such arrogance is unhelpful and indicative of the attitude that led to this whole saga. Previous unlawful activity by the medical profession, including such senior figures as Professor Lam, affirms that crime occurs in all sectors. Even High Court judges can transgress. A debate soon erupted over the invalidation of 20,000 Covid jab exemption certificates by the Secretary of Health. His decision was subject to judicial review to decide whether he had such powers. Kwok Cheuk-kin, the claimant, asserted the doctors remained innocent until proven guilty, which conferred legitimacy on the certificates. Furthermore, he opined that the Secretary of Health had exceeded his powers. Kwok, 'the King of judicial reviews', has brought many such actions. Last Friday (21st October), the High Court ruled in favour of Kwok. High Court judge Russell Coleman granted an interim relief order blocking the government's move to invalidate the certificates. Instead of appealing the court's decision, the government acted with uncommon speed and amended the law. As a result, the Secretary of Health again invalidated the 20,000 suspect certificates. A spokesman asserted, "The government has sought legal advice and taken the urgency of the anti-epidemic efforts, the duration of litigation involved in an appeal and the validity period of exemption documents in question into account. This is the most appropriate solution." The whole affair throws up issues that may have significant long-term impact. Plus, this saga has become intermingled with various topics, including the aftermath of civil unrest here. There is a suggestion that some of those involved were motivated by anti-government sentiment. As such, activists sought to politicise the issue of Covid to further political aims. We know that stories circulating on the Internet spoke of vaccines planting a tracking device in the body gained some traction. This palpable nonsense fed on existing fears. At the same time, did the involved doctors exploit the situation by charging excessive fees while failing to conduct proper patient examinations? For example, reports state some patient provided their identity card number to receive an exemption certificate without seeing a doctor or nurse. One doctor allegedly issued fake exemption certificates charging HK$3000- a time. It's said he cleared around HK$14 million in weeks. If true, this is shocking. But that's a matter for the courts to decide. For sure, the government felt compelled to act given the Covid situation and the potential risk to public health. And no responsible person would countenance the lax issuance of exemption certificates. Moreover, given the notoriously slow pace of our judicial process, the government could be tied up for years after Covid faded. As a former Judge of the Court of Final Appeal, Henry Litton observed courts need to be 'lean and robust' instead of an 'orgy of self-indulgence by the lawyers, acquiesced in by the judge'. Litton identified this behaviour as an issue that needs addressing in his book. The tendency of elements of the judiciary to wander off into esoteric legal arguments that have no practical bearing on matters may also have spurred the government to adopt the law amendment route. Yet, in haste, has the government created grounds for further difficulties? How does the 'rule of law' principle hold up when the officials can change the law to meet a specific immediate goal? As some have pointed out, this move reverses the position to 'rule by law'; not an insignificant difference. This point is significant given that Hong Kong emphasises its judiciary's independence as the fulcrum for selling this place as a gateway to China. However, it would be problematic to suggest that judicial independence is sustained if the law changes every time the courts rule against the government. It is possible to argue this is a one-off exceptional case with justifiable grounds. But, if that is the government's position, it must enunciate that message fully. Also, was the initial law adequately drafted to avoid such challenges? Of course, these are valid questions if the government is to prevent further reversals. I don't wish to pre-judge this case, which has yet to go before the courts. Still, had the involved doctors acted with a degree of professionalism and not invited suspicion, we could have avoided this situation. After all, since Covid hit Hong Kong in 2020, thousands of people have obtained legitimate exemption certificates. Lastly, the legal process is far from over, and we expect more developments. Kwok is now making noises about seeking a judicial review of the Covid system. Nonetheless, we could face the situation that this law is no longer needed as Covid fades while the judicial process drags on.
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25/10/2022 1 Comment Truss Crashes and Trashes "What unfolded in the U.K. these past weeks demonstrates the inherent weaknesses in a system that purports to be fully democratic but isn't." Liz Truss broke many records during her 45 days in office. I won't labour the point because the awesome internet memes do a much better job than I do. But, from the outset, I had reservations; some months ago, she struck me as someone with purblind pretensions. And so it proved. One day she announces, "I will lead the Conservatives into the next general election." The next day, she was gone. I predicted she wouldn't last long, but never imagined such a short tenure. As fun as it might be to chuckle, serious issues beyond Britain's borders are at stake here. Truss, having trashed the U.K. economy, brought the truth of democracy into sharp focus. It doesn't exist. And I'm not talking about her election by a small circle of Tory party members, although that is worth noting. My point is that the forces of global capitalism removed Truss. A reality is laid bare; the political class is at the mercy of money markets. Naturally, politicians would rather that the voters not notice this. But it is increasingly evident that since 1997, the U.K. has had governments with the same policies despite changing the parties. Also, do the Brits recognise the damage to the U.K.'s reputation as a bastion of democracy? Because, in the shifting game of geopolitics, Truss and the Tories handed their ideological foes a significant win. Sure, you can debate the merits of various forms of democracy all day and never reach a mutual agreement. Yet, after recent events, the fact remains that 'Brand Britain' looks forlorn. A reputation for stability, moderation and smooth power transfer lies in tatters. Once revered institutions no longer function as self-destructive elements rampage through the very fabric of society. Seized by a bizarre mix of 'woke' social activists and economic extremism that smashes everything, and then looks to see what comes next. What unfolded in the U.K. these past weeks demonstrates the inherent weaknesses in a system that purports to be fully democratic but isn't. Let's be clear. The people of Britain had no say in the removal of Boris or the appointment of Truss and didn't pick Sunak. And so, please, less rhetoric about the 'Mother of Parliaments' and the cradle of democracy. That all sounds rather hollow. Also, last week's antics in Parliament, as the division bell rang, pulled back the curtain on the bruising nature of politics. The pretence of order, civilised discussion and all the other niceties evaporated as manhandled Tory MPs faced threats and coercion. On the bigger picture, I can only conclude that the punctured facade of U.K. democracy lays prey to market forces that removed a prime minister. They've now got their man in Sunak, who the financiers see as safe. But, then again, the Conservatives did allow a tortoise to register as a member. If a tortoise can join, the next question must be, who else? Unfortunately, Conservative Party HQ has declined to answer questions about how many foreign nationals are members. I wonder why? Meanwhile, across the other side of Parliament, Labour is gearing up for power. Given what Al Jazeera revealed in a four-part documentary, 'The Labour Files', should we worry? Watch and decide. Threats and intimidation, including taped telephone calls, tell a story, and it's not pleasant. "You should be in a gas chamber or oven" is a small taste of the horrific words against one Jewish Labour activist by her own side. To avert criticism when Labour's antisemitism story broke in 2016, they employed so-called human rights campaigner Shami Chakrabarti. She produced a report that is now viewed as a cover-up. Chakrabarti later entered the unelected House of Lords, a position gifted to her by the Labour Party. Do I have to ask why is the British media turning a blind eye to the documented criminality in the Labour Party? You'd think the revelations would garner daily headlines. Yet, like the Asian grooming gangs, such stories get ignored as inconvenient. In all this mess, the other significant issue is the inability of a democratic system to keep people in power long enough to embed plans that take decades to implement. With the constant shifting of public opinion, often around minor issues, driving through anything is near impossible. Even getting a single high-speed rail track halfway across Britain is beyond a political process beholden to every self-interest along its proposed route. Meanwhile, public services erode to the point of absence. This summer, no ambulance was available to rush my very ill father to the hospital on a quiet Sunday morning. Here was a man who'd served his country, paid his taxes, and played by the rules, and when it came to the critical moment, the government broke the deal. A telling example that the social contract is damaged. What struck me was no one thought this outrageous. Folks shrugged their shoulders. Oh, well, was the response. And it's the same across the board; a lack of police coverage, can't get doctor's appointments, and the list goes on. Recently U.K.-based Hong Kong Police pensioners faced hardships because appointed crown agents failed to do their job. But, again, everyone shrugged their shoulders. There is, of course, nothing new in asking, what is Britain's long-term vision? But, unfortunately, it is not evident there is one. The promises of Brexit have faded. No trade deal with the U.S., and nothing from China. Instead, successive governments look to manage decline while holding off attempts to split the 'united kingdom'. I'm afraid a few harsh truths need asserting. First, the current political class have failed the British public. That rot started with Tony Blair, gathering pace since then. Further, Britain's glory days are over, with Brexit accelerating a process of decline — the data tells a story. I take no pleasure in stating that with a tarnished reputation, Britain looks lost for the moment. But, as I've pointed out, a bleak winter awaits the U.K. The challenges of Putin, fuel prices, failing services and myriad other issues face Sunak. Sitting atop that, he lacks legitimacy because he can't assume their support without a mandate from the people. How long he can survive is the new game to watch. But let's not forget that a couple of weeks ago, Truss was the new hope. How rapid the wheel turns these days.  15/10/2022 1 Comment How Care You? "And now reality bites — 'woke' values can't survive without central heating." In case you missed it, the infant terrible of the environ-mental movement (see what I did there) has endorsed nuclear power as the way forward. Turning 19, young Greta Iceberg acknowledged that nuclear has a role in keeping the heating and lights on. At least in the medium term.
This change of mind is unfortunate for those politicians and thought leaders who sang her praises as they scrambled to virtue signal. Basking in her words, they endorsed a misguided agenda. Yet, I reckon this is no road to Damascus moment for Greta. Instead, it's a teenage brain evolving as rationality erodes the nonsensical. Still, fair play to wee Greta. She acknowledges her views were juvenile and maybe misplaced. So, what excuse do the adults have? Then again, some adults never grow up; throwing tomato soup on Vincent Van Goth’s picture, 'The Sunflowers,' is justified in their distorted minds as legitimate action. Greta's change of heart is hardly surprising, as most of us go on such journeys. What is different is most of us don't get a UN platform or world leaders begging to see a kid sent amongst us as a prophet. Greta's fight to save the Earth has all the characteristics of a good religious story. As in Christianity, the Messiah comes in the form of a child. I'd assert that Greta is in a long line of child seers. Further, she's the perfect clothes-horse for the evangelical climate movement to hang a message of doom. Like the prophecies of old, she instilled fears in the young and old alike, not ranting about sin, Hell, or the Crucifixion. No, Greta evoked 'the world is burning' narrative to drive conformance. Judgement day is coming, we must all fall in line and repent our sins. Of course, adults are involved in the organisation but keep well in the background. And while Greta can be entirely correct in what she's saying, the campaign built around her almost completely disables any rational debate. As a result, the causes of climate change and the models to solve the problem are drowned out. Greta's utterances followed the principles in the advocacy group's cookbooks; carefully planned speeches with soundbites, easily repeatable phrases, and emotional appeals. But, of course, no one speaks this way naturally. That's why there are communication advisors and media training. I do wonder about Greta's parent's motivations. They sent their kid, with Asperger syndrome, out on a crusade that exposed her to levels of ridicule most adults would struggle with. Moreover, in time, I expect Greta will shift her position further. How long before she signs up for fracking? Meanwhile, let us recognise the dangers of overreacting to messianic children who demand we all panic. In addition, labelling all contrary opinions as heretical makes it almost impossible to have sensible science-based discussions. Then, again, those that embraced Greta never really sought out the science; instead, being part of a movement drew them in. And now reality bites — 'woke' values can't survive without central heating. 11/10/2022 0 Comments Hill Top History "Lt. Birkett had led 29 Canadians up Jardines Lookout; the record suggests five came down." I wonder if the hillwalkers and runners who traverse Jardines Lookout know they take pleasure in a battlefield. The blood spilt by hundreds of young men from Britain, Canada, Hong Kong and Japan has long dried. Yet, if you bother to look, the signs of the epic struggle of December 1941 are still there. I don’t seek to chide people enjoying our terrific country parks. And yet, it makes for a better world if you acknowledge what happened here. Hidden in the undergrowth, collapsed trenches with rusty barbed wire mark a former defensive perimeter. Amateur historians can find the remnants of weapons, cap badges and the odd live piece of ordnance. (Don’t touch, call the 999, and the brave officers of the Hong Kong Police EOD will clear it) The reinforced concert bunkers are more visible. Designed to protect the strategic Wong Nai Chung Gap, the signs of war damage remain in blasted walls and bullet marks. Many heroic tales speak of the confused back-and-forth battle for Wong Nai Chung Gap. Full details of the 1941 Battle of Hong Kong are here, with interactive maps. Let’s consider one slice of the action. Perched atop Jardines Lookout, few recognise their feet rest on a bunker where 34-year-old, Canadian Lt. George Birkett, led a spirited but doomed defence of the hilltop. Before first light on 20th December, Lt. Birkett’s platoon of 29 men from the Winnipeg Grenadiers climbed the hill under shell fire. The darkness, rainfall and heavy loads added to an arduous climb. Not for them, the well-defined steps used today. Instead, they took a route from Pill Box One (often referred to as JL01), above the catchment, pushing through the low scrub. Both the catchment and Pill Box are still there. The platoon lost three men in the climb, either to shells or gunfire. Meanwhile, in the dark, columns of Japanese troops manoeuvred below along Sir Cecil’s Ride. These troops threatened to seize the gap and split Hong Kong Island. Then, as dawn came, the bunched-up Japanese came under sustained machine gun fire from Pill Box One. Hundreds died. At first-light, approaching the top of Jardines Lookout, Lt. Birkett’s Canadians observed Japanese troops scrambling up the north face, heading toward them. With the bunker atop the hill abandoned earlier, Lt. Birkett and Sgt. Tom Marsh set about reinforcing the position. Machine guns at the ready, and with no time to dig, the young Canadians sought any cover available. A fierce battle followed as the Japanese launched grenades and mortars onto the hill. Hostilities raged into the afternoon as repeated attacks came in. Finally, Birkett, brandishing a Bren gun, and with a severe leg wound, took up position on what is now the lookout platform. He continued to lay down fire, allowing some of his men to escape. Birkett died there. If you bother to scramble down from the platform, what greets you is the front of the bunker blown in. A direct hit from a Japanese shell killed the occupants, blasting many into an adjacent entrance trench. Sgt. Marsh, thrown clear, survived the battle despite a broken arm and a bullet wound to the head. He later escaped under cover of darkness. The Japanese soon caught him. He was held in now captured Pill Box One until the battle eased. He survived the war. Lt. Birkett had led 29 Canadians up Jardines Lookout; the record suggests five came down. Later, during their brutal occupation of Hong Kong, the Japanese started to dig defensive tunnels in anticipation of an invasion. Many of these tunnels are still accessible, with multi-layered chambers. But, again, most walkers fail to spot these. Descending Jardines Lookout on the west side, facing the quarry now occupied by the Police EOD Unit, is an extensive tunnel system. The entrance sits two feet away from the busy path, and no one notices because a few trees obscure idle eyes. Only the more alert notice the opening that leads to a large cavern. Designed to provide firing positions into the adjacent gap and onto Mount Butler, the tunnels remind us of the potential slaughter that the atomic bombs prevented. Today, Lt. Birkett rests peacefully at the Sai Wan Bay War Cemetery. (For further reading, I'd recommend 'Battle for Hong Kong' by Philip Cracknell.) |
AuthorWalter De Havilland was one of the last of the colonial coppers. He served 35 years in the Royal Hong Kong Police and Hong Kong Police Force. He's long retired. Archives
December 2022
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