Freedom of the Press

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11 March 2024

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Last week, Australian journalist Julian Assange’s legal team sought permission from the High Court of the United Kingdom to appeal his extradition to the United States, where he could potentially face severe penalties. This appeal represents Assange’s final opportunity to challenge his extradition within the UK’s legal system.

Assange has become a symbol of injustice, political persecution, and the fight for freedom of speech and press freedom. Behind the symbolic figure lies a human being languishing in the high-security prison.

The same week witnessed international outcry over the death of Alexei Navalny, who died in a Siberian prison. World leaders, including British Prime Minister Rishi Sunak, Canadian Prime Minister Justin Trudeau, and U.S. President Joe Biden, condemned Russian President Vladimir Putin for Navalny’s imprisonment, a man they consider a journalist who spoke out against the Russian President. They asserted that he was murdered, although they had no evidence to support this claim.

The United States’ criticism of other countries for jailing journalists is deeply hypocritical in the context of Assange’s case.

Assange has been indicted under the Espionage Act 1917, his alleged crime being publication of classified documents that exposed corruption, government misconduct, surveillance, and war crimes. The US government has focused on the publication of the documents, which it says exposed sources and personnel to danger. Both Republican and Democrat administrations have opted to use Assange as an example to deter other journalists from similar disclosures.

Supporters argue the documents were divulged by Chelsea Manning (who was convicted and then pardoned), and that Assange’s prosecution threatens freedom of the press. They contend that his actions as the founder of WikiLeaks were acts of journalism protected by free speech and the principles of press freedom. They insist he is being selectively targeted for political reasons rather than legitimate legal concerns, highlighting the discrepancy in treatment compared to other journalists and media organisations.

Granting leave to appeal would prolong Assange’s pre-trial detention, further deteriorating his health. Holding him in a maximum-security prison is normally reserved for those convicted of serious crimes, yet he has not been convicted of anything. There are no reasons why alternatives such as house arrest could not be employed.

Assange’s prosecution in the US raises concerns about government overreach, the chilling effect on free speech and journalism, and the erosion of civil liberties in the name of national security. The High Court must carefully consider the potential human rights implications of extradition, including the risk of cruel, inhuman, or degrading treatment. Assange’s status as a non-U.S. citizen complicates matters, as he lacks the same legal standing to claim First Amendment protections in U.S. courts, despite the global implications of his case for press freedom and whistleblowing activities.

Both Republican and Democrat administrations have opted to use Assange as an example to deter other journalists from similar disclosures.

The prolonged pre-trial detention of Julian Assange while awaiting an appeal also poses concerns for the rule of law and due process. In contravention of the presumption of innocence, Assange’s extended confinement undermines fundamental legal principles, casting doubt on the fairness and impartiality of the legal proceedings against him.

The United States’ criticism of other countries for jailing journalists is deeply hypocritical in the context of Assange’s case. The U.S. government’s pursuit of Assange undermines its commitment to press freedom and freedom of expression, both domestically and internationally. While condemning other countries for similar actions, the U.S. government fails to uphold these fundamental principles when it comes to Assange. By continuing to prosecute Assange and seeking his extradition, the U.S. undermines its own credibility as a champion of human rights and democratic values. The initiative by Presidential candidate Robert Kennedy Junior to petition for Assange’s release and pledge a pardon on the first day of his presidency serves as a compelling argument for his immediate release.

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At this critical juncture in Julian Assange’s legal battle, mere appeals for justice fall short of addressing the urgent humanitarian issue. Assange’s deteriorating health underscores the immediate need for his release. The prolonged legal proceedings have taken a severe toll on his physical and mental well-being, making his continued detention untenable. It is evident that Assange’s health is rapidly deteriorating, and every passing day in detention further exacerbates his condition. The time for legal manoeuvring has passed; what is needed now is decisive action to rectify the grave injustice inflicted upon Assange and ensure his right to life, freedom, and dignity.

As we await the outcome of the High Court’s decision, we must remember that true justice can only be realised through the immediate abandonment of the extradition request and the immediate release of Assange.

Jaimie Stevenson JD (Monash) is a legal consultant for Australian-based SMEs, specialising in technology, data, privacy and IP law. She is passionate about the rule of law, as opposed to arbitrary rules, and minimal government encroachment on the inherent rights of the
individual including freedom, autonomy and dignity.

Green Sky Thinking

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21 August 2023

Imagine a fictional country named “Straya” has an authoritarian government that prohibits the publication of misinformation. The law defines misinformation as any information that is not approved by government authorities. It also states that misinformation does not require proof of intent to constitute spreading false information.

Straya’s government publicly declared that the sky is green. John, a citizen of Straya, posted on social media that the sky is blue, contrary to the government’s assertion. He shares a photo of a blue sky from his backyard, along with a caption discussing the colour of the sky.

… an authoritarian government that prohibits the publication of misinformation.

The authorities in Straya, relying on the broad and unworkable definitions in the legislation and their discretionary powers, classify John’s post as misinformation simply because it contradicts the government’s approved narrative. The social media company is obliged to remove John’s post or risk severe fines. There is no need to prove that John intended to spread false information or that he acted maliciously. John might be mistaken, but his post is automatically categorised as misinformation because it contradicts the government narrative and the authorities decided his post is likely to cause harm to the Straya environment.

While this example is obviously hypothetical and intentionally ridiculous, the recently released draft of the Australian Government’s Communications Legislation Amendment (Combating Misinformation and Disinformation) (Bill) 2023 could make it a reality.

The Ministry of Truth

In this fictional tale, Straya’s authoritarian government wields an alarming power: the authority to define truth. The actual, non-fictional proposed legislation, reminiscent of George Orwell’s “1984”, similarly allows the government to label any information not approved by the authorities as misinformation. This broad definition could include opinions and viewpoints that challenge the government’s narrative, stifling legitimate debates and discussions. The absence of an intent requirement opens the door to suppressing dissent under the guise of combating misinformation.

The Victorian Bar published a submission on the Bill. In their own words: “The Bar is concerned that the Bill creates an unlevel playing field between governments and other speakers. Any view authorised by the government is, by statutory definition, not ‘misinformation’, however false or misleading it might be. Only information that is not authorised by government is capable of being ‘misinformation’ as defined. That double standard is illiberal, and disadvantages critics of government in comparison with a government’s supporters”.

The Ambiguity of Definitions

One of the Bill’s major flaws lies in its ambiguous definitions. The legislation requires a distinction between “information” and other online content. However, what exactly constitutes “information” remains unclear. This ambiguity creates a chilling effect on free speech, as individuals and platforms are forced to self-censor due to fear of legal repercussions. The lack of transparency surrounding what qualifies as misinformation gives the government a powerful tool to selectively target and suppress voices that oppose its narrative.

This ambiguity creates a chilling effect on free speech

The Broad Concept of Harm

The Bill’s broad definition of “harm” compounds the concerns over freedom of expression. It extends the definition to cover situations where content might only be “reasonably likely” to cause harm or “contribute to” harm. Such a wide interpretation opens the door for subjective judgments and potentially oppressive actions against content creators, further inhibiting open discussions that are essential for a healthy democracy.

Defending Democracy and Freedom

The example of Straya serves as a stark reminder of the potential consequences of legislation that undermines freedom of expression. In the real world, the fictional scenario shares alarming similarities with the concerns raised over the Australian Government’s proposed legislation. The Victorian Bar’s submission regarding the Bill underscores the danger of allowing governments to wield unchecked power over information, stifling opposition, and undermining the democratic principles of transparency, accountability, and open debate. The Bar concludes that as the Bill is currently drafted, it should not be enacted.

The Victorian Bar slammed the Bill as ‘illiberal’.

To quote directly from the Bar’s submission: “The exclusion in subclause (e) (content that is authorised by a government) highlights the Bill’s significant inroads into freedom of expression. The views of government — any government — are automatically protected from designation as ‘misinformation’, however inaccurate, controversial, or contestable they may be; yet the views of critics of government (whether the political opposition, NGOs or private individuals) are at risk of precisely such a designation. The prospect of politically charged accusations of ‘misinformation’ against opponents and critics readily presents itself. The later history of the Star Chamber was replete with exactly such politically motivated claims of misinformation.”

That double standard is illiberal

The Star Chamber operated from the 15^th century until its abolition in 1641. The Court was used as a tool of government to bypass the rule of law and to exert control over political dissenters. The Bar’s explicit mention of the Star Chamber should serve as a warning as to how concerning this Bill is to the function of democracy in Australia.

Jaimie Stevenson JD (Monash) is a legal consultant for Australian-based SMEs, specialising in technology, data, privacy and IP law. She is passionate about the rule of law, as opposed to arbitrary rules, and minimal government encroachment on the inherent rights of the
individual including freedom, autonomy and dignity.

The Ministry of Truth

By

James Hol

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2 August 2023

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The Government recently released its exposure draft of the Communications Legislation Amendment (Misinformation and Disinformation) Bill 2023. It is just as Orwellian as it sounds – if not more.

The Bill empowers the even more Orwellian-sounding Australian Communications and Media Authority (ACMA) to not only engage in fascistic partnerships with social media giants, but to impose industry-wide standards and codes to ensure “misinformation” is not spread online.

MISINFORMATION

The obvious question is, what is misinformation? The Bill, in its infinite wisdom, defines misinformation as “false, misleading or deceptive” content that “is reasonably likely to cause or contribute to serious harm.”

Harm is given a broad definition, including disseminating “hatred against a group in Australian society” and harming Australia’s health or environment. Of course, we are no wiser as to how “serious” this harm must be.

It is clear what this Bill aims to do: shut down anti-government sentiment and the dissident class.

Posting uncomfortable facts about a pandemic? Now you are harming the health of Australians.

Advocating a vote against the Voice to Parliament on social media? Now you are disseminating hatred against a group based on race.

Doubting the climate narrative online? Now you are harming the Australian environment. Remember, you do not even need to be causing this “harm”; merely contributing to it.

IT GETS WORSE

Now I am sure esteemed readers of Liberty Itch are already well aware of what I have outlined, but many are under the mistaken assumption that this will only apply to social media giants. In fact, it will apply to every single website that provides “news content” and has an “interactive feature”.

If you think you can avoid the Ministry of Truth by simply starting your own social media platform or providing content on your own website, you’d be advised to have no interest in a comments section or posting video content, otherwise that website will also be captured by these draconian laws. Indeed, this Liberty Itch masthead will be at threat of fines in the millions of dollars should this Bill become law.

Perhaps some hope to escape the law by hosting servers or establishing companies overseas. But no: ACMA are wise to that. The Bill includes an extra-territorial provision, meaning hiding outside Australia’s borders won’t stop ACMA from fining you.

AN AFFRONT TO OUR VALUES

As well as the government seeking to extend its tentacles outside its own jurisdiction, which is becoming increasingly common in modern law-making, ACMA has taken many longstanding precedents to the shredder with this Bill.

While unfortunately not enshrined in our Constitution, Australians are endowed with the right not to incriminate themselves. If this Bill passes Parliament, that will no longer apply to instances of online “misinformation”.

While the Bill gives lip service to our constitutionally implied freedom of political communication, it attempts to circumvent it by creating a fascistic partnership between ACMA and private entities. Instead of ACMA enforcing speech, it makes digital service providers do its dirty work – at threat of significant fines.

However, ACMA can impose industry-wide standards and codes if digital service providers go rogue and dishonour their fascistic agreements. Hoping for a safe haven at Elon Musk’s Twitter (now called X), might be more pipe dream than reality.

This Bill also does away with another long-held precedent: serving legal notices in person. Under this Bill, ACMA is now empowered to serve legal notices, including summons, electronically.

THE FIGHT OF OUR LIVES

Perhaps the only good thing about this Bill is that it is in the relatively early stages of drafting. Public submissions have been invited by ACMA and I implore all readers to give their feedback. A massive outpouring of concern and a public backlash might force ACMA to reconsider its brazen destruction of our fundamental liberties. Continued activism will also be required to ensure whatever subversive version of this Bill the government thinks they can get away with never reaches the floor of Parliament.

Above all, non-compliance is necessary. This is where we must draw a line, stand strong in the face of overbearing penalties and defend everything we stand for with everything we have.

Have your say! Fight for liberty!

James Hol

While always avidly following politics and culture, James Hol was not politically active until the overreaction to COVID. In a matter of months, James gained invaluable insight into all levels of government, being heavily involved in Federal, state and local election campaigns.

Laughing In The Face of Tyranny, $1 Million Bounty On Their Heads

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12 July 2023

Imagine you lived in Australia and enjoyed a great life. Then the government became tyrannical, you protested for democracy, but an anti-democratic security law was passed and you were intimidated and arrested. Released, you fled to New Zealand and were granted a visa there. But the Australian Federal Police placed a bounty on your head of $A190,202 (US$127,728) and activated its security apparatus to ‘extract’ you.

Can you image this breach of your basic civil liberties? In what kind of psychological state would you be?

As far as Liberty Itch knows, this story is fictitious. However, it corresponds to a true story so similar that we need only change three facts. In the real-life version you were born and raised in British-ruled Hong Kong, a Commonwealth country. Your new home is Australia. And your name is Ted Hui. All other details are the same.

If you default to the ‘don’t-rock-the-boat’ conservative position of, ‘Yeah, well, that’s none of our business because he’s not an Australian citizen’, let’s take Mr. Hui’s situation but assume the victim is an Australian citizen. You now have the factual circumstances of Australian lawyer, Kevin Yam.

The Hong Kong Police has issued a HK$1 million bounty on someone who is not only an Australian resident, but an Australian citizen!

Slothful ‘status-quo’ thinking might argue, “These men have obviously broken the law. They’re criminals. Police issue bounties all the time.” But there’s a lot more to the story.

When the British transferred Hong Kong to China in 1997, the City was imbued with all the benefits of British culture: a parliamentary democracy, small government, plus a robust common law judicial system protecting civil liberties and property rights. It was a stable, bustling success story. China agreed to preserve democracy there for at least 50 years.

Six years in and the Chinese Communist Party couldn’t resist meddling. Small snippets at first, then an attempt to implement a security law in 2003, thwarted by democrats. The student Umbrella Movement resisted the tyranny from 2014. But by 2019, the communists had installed sufficient sympathisers to flex their coercive muscle. Pro-democracy protests continued, in some ways similar to Australia’s Freedom Rallies protesting against the Covid lockdowns, but with higher stakes. In 2020, the Hong Kong National Security Law was passed, establishing “crimes” of secession, subversion, terrorism, and collusion with foreign organisations, control mechanisms to entrench authoritarianism.

In Mr. Hui’s case, he was elected to the Legislative Council as a Hong Kong Democracy Party MP. He lent his support to the protests. For his efforts Mr. Hui was arrested and imprisoned without trial several times, the duration each time becoming longer than the last. In jail, he was coerced to be silent about the loss of freedoms and assaulted. He was released, fled and today lives in Adelaide.

Liberty Itch has covered Mr. Hui here and here.

Mr. Yam’s story is that he is an Australian citizen and merely lived in Hong Kong for twenty years. He’s a legal scholar with Georgetown University’s Centre for Asian Law and lives in Melbourne.

These aren’t the backgrounds of criminals.

These are scholarly, principled men acting for democracy and freedom.

The CCP-backed Hong Kong Government is using extra-territorial arrest warrants and bounties as an intimidation tactic against an Australian lawyer. In light of the new security law, Australia rightly cancelled its extradition treaty with Hong Kong in 2020. Interpol has not been issued with a Red Notice by the Hong Kong Police. It would never be approved.

In response to the Chinese Communist Party’s bounty, Mr. Hui said it “makes it clearer to Western democracies that China is going towards more extreme authoritarianism.”

Mr. Yam stated, “It’s my duty to speak out against the crackdown that is going on right now, against the tyranny that is now reigning over the City that was once one of the freest in Asia. All they want to do is try to make a show of their view that the national security law has extra-territorial effect.”

The freedoms of speech, assembly, movement, the presumption of innocence and right to a fair trial are cornerstones of liberal democracy which libertarians cherish.

It would be an error to view these men as an overseas problem. A CCP edict that Australian citizens and residents be ‘pursued for life’ is an affront to all Australians. If you support Assange’s freedom, you will find these bounties on Mr Hui and Mr Yam abhorrent. And, being the thinking, philosophically consistent libertarian that you are, you should express support for their human rights.

If you don’t, who will support yours?

An entrepreneur who has employed 1,470+ people, Kenelm was admitted to the BRW Fast 100 three times with businesses in Australia, NZ, Singapore and New York, where he lived for 12 years. Kenelm’s investment firm performs mid-market leveraged roll-ups. He was a regular columnist for the Australian Financial Review. Kenelm is the Founder of Liberty Itch.

The Iron Curtain Draws Across The West

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15 May 2023

The Iron Curtain referred to the boundary separating the Soviet Union and some European countries from the Western world. It became not just of a physical border but a symbol of the ideological distinction between communism and liberal democracy.

As is well known, the Soviet regime was authoritarian and repressed individual freedoms such as freedom of speech, freedom of assembly and freedom of religion. In fact, all aspects of life were controlled by the Communist party.

The Soviet regime was the very definition of authoritarian

We can draw comparisons between current restrictions on free speech in the West and the suppression of free speech in the Soviet Union.

Often the first sign of a society moving down a totalitarian path
is the imposition of restrictions of freedom of speech.

The Soviet government heavily restricted media including print, radio and television. All were state controlled and heavily censored to ensure they were not critical of government. Currently the West is imposing restrictions on certain kinds of speech, such as speech considered discriminatory or harmful to certain groups. There are also rules against “disinformation” and “misinformation” and attempts to limit speech that is deemed to be false or misleading.

Media Censorship

Western governments have been accused of controlling and pressuring media to report on public interest matters to suit a particular narrative. We have witnessed this during the Ukraine conflict. The European Commission silenced Russian state media outlets Russia Today (RT) and Sputnik and prohibited European Union operators from broadcasting any of the content of RT and Sputnik. This move is reminiscent of the Soviet governments radio jamming during the Cold War, where transmissions of Western radio stations were blocked to “protect” Soviet citizens from Western “propaganda”.

This move to block Russian state media coverage of the Ukraine conflict was criticised by the European Federation of Journalists as “disproportionate and arbitrary interference by the EU with the right to freedom of expression and information regardless of frontiers as protected by Article 10 ECHR and as a denial of the freedom of the media as guaranteed by Article 11 of the EU Charter of Fundamental Human Rights”. (Dirk Voorhoof, Human Rights Centre Ghent University).

Surveillance

Another control tactic used by the oppressive Soviet regime was surveillance. The KGB monitored all forms of communication and utilised informants who reported dissenters.

Social media giants such as Facebook, Twitter and Google not only censor content that is considered inappropriate or offensive, but also gather data on their users which can be used to monitor and influence their behaviour. Such forms of surveillance can be used to suppress and silence dissenting views. The tech giants have been accused of suppressing the free speech of those with whom they disagree, particularly conservative or right-wing commentators.

Punishment

The Soviet government punished those who criticised or opposed the state with punishments including torture, forced confessions and the deprivation of liberty in gulags.

We have seen people in Western countries punished for speaking out against the government including journalists such as Julian Assange and whistle blowers. Punishments include imprisonment, de platforming and cancel culture. Social media companies also punish users who violate their policies by suspending or banning accounts, another method to silence voices who do not support the government narrative.

Julian Assange. His ongoing detention without trial is illiberal.

Libertarians recognise the importance of freedom of speech as a bedrock principle of democracy and do not seek to limit the speech of others. In a free and democratic society, the media is supposed to operate independently of government control, to inform the public about matters that are in the public interest, and to hold governments accountable.

One must ask why our governments censor information and limit access to information. Regarding the Ukraine conflict, the government and media are displaying their contempt toward citizens in not allowing them, as free-thinking human beings, to decide for themselves which information they will consume and what conclusions that they will draw from that information. There is only one narrative that they will allow – the one that they control. Is the West drawing a digital iron curtain?

Soviet journalist, dissident and former political prisoner Alexander Podrabinek wrote that “Free speech is what digs the grave for despotism, while suppression of free speech is the trademark of dictatorship”. (Totalitarianism and Freedom of Speech, 24 June 2014, Institute of Modern Russia). Podrabinek went on to argue that the collapse of totalitarianism always began with the assertion of freedom of speech.

The Soviet regime’s suppression of free speech had a terrible effect on its citizens and is viewed as one of the most oppressive regimes in modern history. But brave freedom fighters spoke out against the regime, circumvented restrictions on radio broadcasting and other methods of control, and eventually the Soviet Union collapsed.

Freedom begins with free speech and the free exchange of ideas. It is vital to our democracy. We must remain vigilant against the creep of totalitarianism to protect our personal freedoms. We must continue to use our voices individually and collectively to push back against any attempt to curtail our right to free speech.

Jaimie Stevenson JD (Monash) is a legal consultant for Australian-based SMEs, specialising in technology, data, privacy and IP law. She is passionate about the rule of law, as opposed to arbitrary rules, and minimal government encroachment on the inherent rights of the
individual including freedom, autonomy and dignity.

INTERVIEW: The CCP imprisoned him. She got him out!

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9 November 2022

If you listen to rare public forays by senior members of the security establishment, the spies and their agencies, we in the West are under threat from several fronts. Looming front and centre, they say, is an expansionary Chinese Communist Party.

To be clear, Liberty Itch has no quarrel with the Chinese people.

However, Liberty Itch is sceptical of government of all stripes, whether in the West or the Chinese Communist Party. Government has a nasty habit of suppressing its people, sometimes stripping freedoms one imperceptible step at a time, its citizens in a saucepan of the slow boil kind. Sometimes government makes swift and savage moves against its people. History is replete with examples of both.

So well may we ask: Is the Chinese Communist Party friend or foe, our ally or adversary? We in the West welcome and educate their students. We trade with their corporations. Australia, the United States and indeed the entire OECD are beneficiaries of China’s emergence. Our shared prosperity is enormous as China brings a billion citizens out of agrarian life into a century-delayed Industrial Revolution and today’s Information Age simultaneously. The project is breathtaking.

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But as Liberty Itch discovered, geopolitical relationships are complex. Material wealth is soulless if not accompanied by human rights. We cannot be so naïve or selectively blind as to ignore civil liberties in our estimation. The Dragon we feed and enable today should be ready to take its place on the world stage as a force for good.

With an open mind, Liberty Itch therefore embarked on an investigation, a series of tell-all interviews with people with particular direct experience with the Chinese Communist Party. The stories are real. The events described happened and cannot be ignored. What each does is illuminate, directly and personally, how the Chinese Communist Party acts from a civil liberties perspective.

Our first guest in this series is Fiona Hui.

You can see the former flight attendant in Fiona instantly. Urbane, impeccably-dressed and possessed of a welcoming smile, she possesses a charm hard not to like. She has navigated many of life’s milestones and responsibilities already while retaining her youthful energy.

First impressions rarely tell the whole story. As you peel-away the onion layers of her life, normality gives way to heartache, the collapse of her homeland, the incarceration of a loved one and a fight for survival with lessons for all freedom-lovers who value their civil liberties.

So her story is yours. There are some timely warnings for all of us.

Here’s Liberty Itch’s short interview with Fiona Hui.

LI: When did you become an Australian citizen?

FH: Although I have been living in Australia for nearly 20 years, I only became an Australian citizen very recently, in 2021. I applied for my citizenship in light of the loss of freedom and democracy in Hong Kong in 2019. At that point, I realised that Australia is my only home, so I submitted my citizenship application.

LI: Prior to this, you were a citizen of which country?

FH: Prior to 2021, I was a citizen of Hong Kong. I was born and raised under the British rule in Hong Kong.

LI: You lived in Hong Kong during which years?

FH: I lived in Hong Kong since I was born in 1980, until 2004, when I left Hong Kong and came to Australia to pursue a liberal arts education.

LI: What was life like in Hong Kong in those early years?

FH: As a successful former British Colony from 1841–1997, Hong Kong is a unique place blending East and West. I always felt free, safe, and connected to the West when I was a child and a young teenager. I enjoyed living in a ‘very Chinese city’ essentially, but also appreciated the opportunities to be exposed to Western literature, music, philosophies and ideologies. It was dynamic, stimulating and exciting.

LI: Why did you leave Hong Kong?

FH: I left Hong Kong for a Western higher education. I did not imagine Hong Kong could become what it is today when I left. Like most people. I have taken democracy for granted and couldn’t imagine otherwise.

LI: From the handover by Britain in 1997 to your departure, what changes did you notice in Hong Kong?

FH: Since the handover in 1997, there has been a steady and gradual erosion of Hong Kong freedoms. Since the structure of democracy was already in place, Hong Kong people had been asking for ‘universal suffrage’, all adult citizens should be able to vote for their government representatives, as highlighted by the Occupy Central and Umbrella Movement in 2014.

In 2019, 70-80% of the Hong Kong population participated in the largest and longest Hong Kong protests in history, in demonstration of the City’s strong will to safeguard Hong Kong’s declining civil liberties and freedoms.

Then in 2020, the National Security Law was introduced by the Chinese Communist Party in Hong Kong. Under this law, any pro-democracy movement was suddenly classified as ‘secession, subversion, terrorism, and collusion’.

2020 was the year when Hong Kong lost its press freedom, the rights to peaceful protests, and the complete collapse of the rule of law.

LI: I believe this is the time we saw footage of Chinese Communist Party agents breaking into the The Epoch Times and smashing the printing presses with sledge-hammers …

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FH: Yes. They actually set fire to the bureau. The building was aflame.

LI: How did these changes impact your family initially?

FH: My family was fine for many years after the handover. The whole world thought China was opening-up and we could work together for a more prosperous world.

LI: Your brother was a Hong Kong democratically-elected parliamentarian. How did his status slowly change?

FH: It was not until 2019 with the breakout of large-scale protests in Hong Kong that it started to seriously impact my family. My brother, Ted Hui, being a vocal pro-democracy legislator, was frequently arrested due to his involvement in mediating the protests, wanting to protect young people and ordinary citizens from being abused and arrested. Like the majority of the population, Ted was pepper sprayed, tear-gassed, abused and arrested many times. In the end, his parliamentarian status was completely disregarded by the Hong Kong Police and the Chinese Communist Party. They just treated him like a ‘criminal’. Democracy had suddenly become a serious crime.

LI: How did your brother and other democratically-elected parliamentarians reconcile the freedoms bequeathed by British rule and a growing autocratic influence from the Chinese Communist Party?

FH: They have never reconciled the loss of freedoms. Some of his MP friends are still in prison. Many like Ted, went in ‘exile’ and continued with the movement overseas, lobbying governments of the Five Eyes, warning them of the dangers of the Chinese Communist Party regime. I guess they are now all ‘colluding with foreign forces’, as the Chinese Communist Party would describe it.

LI: How did things come to a flashpoint?

FH: The prolonged protests in 2019, combined with the noble and pure intention of democracy-loving Hongkongers, and the Chinese Communist Party led by a psychopathic Chinese President Xi Jinping have all contributed to this flashpoint.

LI: What role did you play in responding to the loss of civil liberties?

FH: I was not interested in politics at all prior to 2019, I had a great life in Adelaide. Who cared? However, the 2019 Hong Kong Crisis made me awake. The images and live-streaming of abuse in Hong Kong stunned me. I was in disbelief that freedom could be lost like this overnight. I couldn’t believe that people could be thrown in prison for protesting and speaking. It was all just unimaginable.

So I became a ‘democracy activist’.

Then I discovered CCP activism in my adopted country of Australia. So I exposed the CCP’s interference in Australia and politicians who were working with the CCP for their own self-serving interests.

I joined the Liberal Democrats for a period because I saw that they had good policy in support of libertarianism and humanitarianism principles. I also connected with organisations and communities who cared about our civil liberties.

LI: How did your brother escape?

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FH: My brother got ‘invited’ by some young, democracy-loving Danish politicians and libertarians to attend a ‘Climate Conference’. It was staged so that Ted had an excuse to get out of Hong Kong. At that time, his passport was detained by the Hong Kong Court, but the judge decided to release his passport so that Ted could attend this ‘conference’. The judge made a fine decision but, to this day, I don’t know whether he was subsequently imprisoned by the Chinese Communist Party!

Ted escaped also because many people around that world have played a part in helping him and praying for him. This includes the Australian Government and many nameless men and women within and outside our government. We have some good people in this country, who have empathy, intelligence, capability and goodwill. God bless Australia.

LI: What did you leave behind?

FH: My family and I won’t be able to go back to Hong Kong for a long time. Under the current circumstances, I’ve convinced myself there is not much worth going back for anyway. I miss the mountains. I miss the views. Any love I had of shopping there is tainted by the lack of a free press, no free speech, no rule of law. Home is where the family is. Australia is my only home. Look forward rather than backwards!

LI: Why choose Australia to live?

FH: I chose Australia due to its beauty, its reputation in higher education and its proximity to Asia.

LI: What worrying early-signs in sliding from democracy to tyranny do you see in Australia?

FH: The early-signs were shown during the last two years: how our governments managed COVID, especially in Melbourne, the prolonged lockdowns, and the mandatory vaccinations in various industries.

Modern technological advancement means that people are more easily monitored. I’m worry about the introduction of My Gov Accounts, facial recognition cameras in our City here in Adelaide, digital IDs and yet more business-crushing IDs for company directors.

We have to be careful how people in positions of power use these mechanisms. They could be used to make us a more effective country, or they could be used as a means of monitoring and control. It all depends on how you view the government and the people holding those powerful positions.

We need to be awake and alert.

LI: How quickly can that slide happen, in your experience?

FH: The loss of freedom could happen so quickly that people will be in disbelief. Just look at Hong Kong. A clean, proper judicial system could end so fast. Unimaginable.

LI: What can your fellow Australians do to counteract this?

FH: Stay aware and united with fellow Australians. Unity and helping others in need. Play a part to end the divide and polarisation in society. Be the change you want to see in the world.

LI: What do you think the outlook is for Australia?

FH: Australia is a lucky country. I believe that we will continue to be blessed. Be careful of the ‘doom and gloom’ presented in the media. I feel hopeful and positive about our country.

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An entrepreneur who has employed 1,470+ people, Kenelm was admitted to the BRW Fast 100 three times with businesses in Australia, NZ, Singapore and New York, where he lived for 12 years. Kenelm’s investment firm performs mid-market leveraged roll-ups. He was a regular columnist for the Australian Financial Review. Kenelm is the Founder of Liberty Itch.

VIDEO: Doing What’s Right!

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4 November 2022

A timely reminder about what’s at stake in Victoria …

Dan Andrews: Doing What’s Right