In Solidarity with Activists & Protestors
Featuring insights from activists Calvin Yeoh (DAP Mahasiswa) and Sharon Wah (MISI:Solidariti), this article addresses critical incidents of police intimidation against demonstrators.
SUARA MANDIRI Issue #7
The steep decline in the welfare of Malaysians as a whole has been attributed to the government's failure in handling the Covid-19 pandemic. From PRN Sabah, to #HartalDoktorKontrak, and to the evident double standard in policing by state authorities, there are more than enough reasons for enraged citizens to push for government accountability. Consequently, the #LAWAN rally, organised by Sekretariat Solidariti Rakyat, was incepted on July 31st, premising its demands on (1) Prime Minister Muhyiddin Yassin's resignation; (2) a full Parliament session; and (3) a moratorium on all debt repayments.[1]
In this issue, Suara Mandiri stands in Solidarity with Activists and Protestors. With the inclusion of insights from activists Calvin Yeoh (DAP Mahasiswa) and Sharon Wah (MISI:Solidariti), this article will address critical incidents of police intimidation against demonstrators.
Police Intimidation Against Activists
Heidy Quah, an activist and founder of the NGO Refuge for Refugees, was charged under section 233(1)(a) of the Communications and Multimedia Act 1998 and was offered RM7,000 in bail over a Facebook post recounting the experiences of a former immigration detainee.[2] During the initial spikes of Covid-19 cases in the country, it was published at a time when there was strong opposition to government crackdowns on undocumented migrants. Lawyers for Liberty, advocating for the withdrawal of Quah’s prosecution, stated: “If the prosecution against Quah is not withdrawn, then the government has decided that it rather cover-up than admit their mistakes and improve on their shortcomings; they would rather the public live in fear and suppress any public interest issues from being discussed in a public forum.”[3]
Similarly, Sarah Irdina, an activist and founder of MISI: Solidariti was arrested over allegations of sedition and improper use of network facilities. She spent almost 11 hours in police custody and 5 hours in lockup. The allegations were made based on MISI: Solidariti’s one Twitter post informing the public of the #LAWAN protest.[4] In her account of being in police custody, she was handcuffed upon documentation and driven to her home, where the police proceeded to raid her room in search of devices that could link her to the tweet in question. Sarah wrote that intimidation tactics were also used against her family before she was brought to Jinjang after the raid — she was detained until the next day for her remand hearing.[5] In light of this, Sarah views that such intimidation tactics used by the police against her and other activists are unacceptable, and are reflections of the governments’ inhumane treatment against earnest activists who are exercising their rights to fight for a better Malaysia.
More recently, on the 1st of August, eight #LAWAN activists were called for questioning at IPD Dang Wangi. They are Mohammad Asraf Sharafi, Mohammad Alshatri bin Abdullah, Nur Qyira Izzati Binti Yusri, Tharmelinggem Pillai, Dobby Chew, Sevan a/l Doraisamy, Edylyn Beverly Joeman and Amir Hariri bin Abdul Hadi.[6]
“Even presence is a form of intimidation and threat against us.” - Calvin Yeoh
On the 19th of August, the police “arrested” 31 participants of the candlelight vigil held in memorial of lives lost due to Covid-19.[7] Multiple videos circulating on social media platforms revealed that the participants were roughed up and dragged into waiting Black Maria’s by police officers. The videos also showed participants inquiring about the status of their arrest and demand for their rights to be read, to which they were only responded with shoutings of: “please cooperate” by the officers. As the Black Maria forcefully brought them to IPD Dang Wangi, the Sekretariat Solidariti Rakyat updated that their lawyers were not allowed inside to provide legal assistance. Dang Wangi OCPD Asst Comm Noor Dellhan Yahaya defended their actions by saying that they merely wanted to record statements of the activists, after telling the press that RM2,000 compounds were issued to each participant.[8] The officers’ refusal to inform the participants of the status of their detention, the action of forcefully dragging them into Black Maria’s, and denial of their rights to their attorneys are all blatant acts of police intimidation against activists.
In consequence, on the 20th of August, TheMalaysianInsights posted a video on Twitter revealing that the police had also put up the list of the 33 participants, banning them from holding a protest all over Jalan Tun Perak.[9] According to Calvin Yeoh, police officers came to the individual houses of these activists that night to hand over a court notice containing a restraining order from attending the already cancelled protest, supposedly happening on the 21st of August.[10] These are examples of the many blatant governmental abuses of policing powers aimed at breaking the spirits of protestors and asserting the authority of the executive.
To make matters worse, two of the activists who participated in the candlelight vigil namely, Nalina Nair and Sujatra Jayaraj will be charged at the Kuala Lumpur High Court under Section 90 of the Police Act 1967.[11] If convicted, they might face a fine of up to RM500 or a sentence of up to six months in prison, or both.[12]
“Again, I stress, the real criminals are out there. They have allowed 14,818 people to die up to today because they DO NOT CARE about the people and only care about what political power they can garner.”
- Nalina Nair in a Facebook post
Draconian By Nature or In Practice?
The perpetual presence of laws for the purpose of investigation and charges is common in police intimidation techniques. Communications and Multimedia Act 1998 (CMA)[13], Sedition Act 1948[14], Peaceful Assembly Act 2012[15] and the Malaysian Penal Code[16] to name a few, do not only restrict activism in Malaysia but also penalise individuals for practising freedom of speech and expression.
At the expense of international human rights standards, government authorities and personnel have exploited the laws above, vis-à-vis the broad terms and vaguely worded provisions, attributing larger accountability for participants of activism and advocacy, offline and online. For instance, they associate political dissent with “the transmission of comments which is offensive in character with intent to threaten another person”;[17] they criminalise a tweet for “uttering seditious words”;[18] and they investigate journalists for “the spread of rumours that can cause fear and alarm to the public, which could induce a person to commit an offence against the state or to public peace”.[19]
Most protests in Malaysia, such as #Lawan, tend to reflect the government's administration and shed light on their approaches, or lack thereof, in resolving arising social, economic, and political problems. Civil societies and non-governmental organisations (NGO’s) such as Bersih (Coalition of Free and Fair Elections),[20] Undi18,[21] University of Malaya Association of New Youth (UMANY),[22] Klima Action Malaysia (KAMY)[23] and Greenpeace Malaysia[24] are some entities who have organised and/or participated in a protest for a plethora of reasons in accordance to their organisational directions, advocacy and demands.
Student and youth activists, human rights defenders, political and social advocates, and ordinary individuals are all too familiar with the ways PDRM suppresses mobilisation and arbitrarily break down “seditious” and “defamatory” dissent. Some of these techniques are exhibited through continuous arrests, investigations and detentions, setting roadblocks and barricades to prevent protesters from assembling,[25] visiting activists’ houses[26] and infringing their privacy and security, excessive use of force and unlawful treatment towards protesters on the ground.[27] However, PDRM took their intimidation to the next level with the recent candlelight vigil. “By obstructing the protesters’ access to legal representation, the authorities are compounding human rights violations and undermining the criminal justice system,” said Nalini Elumalai, ARTICLE 19’s Senior Malaysia Programme Officer.[28] This is all disguised and motivated by detrimental laws that are draconian both in nature and in practice.
On the other hand, the same laws can also be applied to potentially benefit the general masses more. For example, Section 233 of CMA can be used to tackle the issue of violent extremism, misinformation and fake news. This section specifically looks into the intent provision, the transmission of communications, and the usage of any application services. Therefore, the government may use this ground to implement an effective online mechanism to counter issues related to any negative forms of disseminated information that may affect the public at large. The recent arrest of an anti-vaxxer couple under Section 233 of CMA for dining-in and not diligently abiding by the standard operating procedures (SOP’s), as a “social experiment”,[29] reflects prospective good governance. It runs within the same spectrum as the Sedition Act and the Malaysian Penal Code.
For Peaceful Assembly Act 2012, the extent of the provisions stated under the act is that peaceful assembly, primarily in the form of protest, is to be planned and executed in good faith by the organisers and the participants. This is also reflected to emphasise the interest of public order and security when the assembly takes place. By right, the police have no authority to refuse an assembly after receiving notice from the organisers. Moreover, instead of stifling the principles of democracy bred through peaceful protests, this Act, when properly utilised, functions as an effective tool against protests that are deemed extreme and violent.
Crossing Borders: The Shared Agony
Unfortunately, the act of police intimidation is not only exclusive in Malaysia. In light of recent events of injustices, the people of Thailand are also faced with arbitrary arrests and intimidation from both the police institution and the military. Since mid-2020, student-led pro-democracy demonstrations have gripped the country, with gatherings occurring almost every day for more than a month.[30] Their three demands are to (1) dissolve parliament; (2) halt activist intimidation; (3) and revise the constitution — which was established during military rule and has solidified the army's influence.[31] The demands also included institutional reforms of the monarchy to limit the king's authority over the constitution, armed forces, and palace riches, thus breaking a long-held taboo in Thailand. Many of the young protestors have publicly challenged the throne as well as the country's royalist-military elite, which they believe is stifling democratic development[32].
Furthermore, officials have detained and filed criminal complaints against participants of peaceful protests after the Emergency Decree was imposed on March 26, 2020.[33] Owing to the growing criticism of the monarchy and the Prime Minister's hostile attitude towards pro-democracy demonstrations, the authorities had reinstated the law of lese majeste which forbids insults against the monarchy and suppress those who peacefully oppose the government. As a result, demonstrators have reportedly claimed increased harassment and intimidation by police personnel in recent months, wherein many were prosecuted with lese majeste offences in connection with pro-democracy protests or their social media postings[34]. According to Thai Lawyers for Human Rights, at least 65 people have been charged with illegal assembly during peaceful protests in Bangkok and other provinces.[35] Some protest leaders have been charged with sedition, which carries a potential sentence of seven years in jail, for voicing demands for royal reforms.
The agony of facing prosecution and incarceration by the authorities is also evident in Myanmar. After the military coup deprived Myanmar voters of a fairly elected government in February 2020, several citizen-led anti-coup protests took place across the country. Protestors and journalists alike were met with unlawful arrests, intimidation, and violent measures taken by the authorities. For days on end, locals who took part in the general strike, a.k.a. the Burmese Spring Revolution were forcibly dispersed by the military via the random firing of live bullets and teargas. They had also unlawfully criminalised independent journalists and media outlets;[36] hunted down anti-coup protesters and journalists at their homes without warrant and announced lawsuits against journalists under Section 505 (a) of the Penal Code with the prospect of intimidating them.[37] Essentially, the journalists were accused of sedition and distributing false information critical of the junta, and for urging people to join strikes and support proscribed opposition parties. Further, the conditions of their incarceration are arbitrary; warrantless arrest took place and the arrestees including students, medical workers, lawyers and celebrity activists were wrongly charged for promoting civil disobedience[38].
As of May 2021, 772 people had died as a result of the military crackdown since the coup began, and 3,738 people are now incarcerated or have been condemned.[39] Similarly in Malaysia, the people’s rights to demand justice and fair elections have been deprived by the constant intimidation of state authorities. The unlawful and unwarranted arrest of 31 participants of the candlelight vigil held in memorial of lives lost due to Covid-19 is a perfect example of fueled police intimidation aimed to create a chilling effect among protestors and prevent future pro-democracy protests.
Together with Hong Kong, Myanmar and Thailand formed the “Milk Tea Alliance”, supporting each other online in their fight for freedom. The anti-ELAB protest in Hong Kong started in 2019, with five demands: the (1) complete withdrawal of the extradition bill; (2) retraction of the “riot” characterisation; (3) release of students and the injured; (4) calls for an investigation into police behaviour; and (5) dual universal suffrage.[40] It is clear that a major concern of the protestors is police intimidation.
Arrests are a common intimidation tactic employed by the Hong Kong police. As of September 2020, more than ten thousand protestors have been arrested, but only 20% were charged in court and only 5% were convicted.[41] Many protestors experienced police violence under detention – in September 2019, Amnesty International reports that in 85% of the cases it investigated, the arrestee was hospitalized as a result of police violence.[42] Police violence was also common during protests - batons, pepper spray, and less-lethal rounds were often employed.
On the 14th November 2019 itself, the police used 2000 less-lethal rounds during a clash with protestors at the Chinese University of Hong Kong.[43] The judicial system which had failed to hold police accountable for their actions began to lose its citizens’ trust. In 2020, 12 protestors who had attempted to flee to Taiwan while on bail were arrested by Chinese security forces, and placed under secret trial,[44] raising further concerns that Hong Kong’s judicial system will eventually merge with mainland China’s. The confidence of Hong Kongers towards the rule of law recorded a new low in 2021.[45]
As street protests came to a cool under the pandemic and the National Security Law, reporters and opposition activists increasingly found themselves the new targets of arrest. 13 people with ties to the now-defunct Apple Daily, including its owner Jimmy Lai, its executives, and editors, were arrested as of 21st July 2021.[46] As to opposition activists, a tally done by South China Morning Post found that a total of 173 opposition activists have been arrested since the anti-ELAB protests began in 2019.[47] To make matters worse, the new National Security Law made it incredibly difficult for them to get bail – of the 47 opposition activists who were arrested in March 2021 for taking part in an unofficial primary poll, 32 were denied bail.[48] These intimidation tactics had successfully scared democratic associations into disbanding. The Civil Human Rights Front, a 19 years old protest coalition that espoused non-violence, and Professional Teachers’ Union, the largest teachers’ union which had previously voiced opposing opinions towards the government, were recently disbanded in August 2021.[49]
The common factor between Malaysia, Myanmar, Hong Kong and Thailand lies in the fact that the protestors, media and activists face two main issues namely, vaguely worded laws that can be abused and politically driven prosecutions. Without strong independent courts willing to challenge these governments, politicians are given leeway to pursue their political ambitions against publications and private citizens with fewer limitations and accountability. The death of democracy and rights to freedom of expression and assembly is imminent if countries continue to apply restrictive laws, harassment, and even the incarceration of journalists.
The Fight Against Police Intimidation
Both Sharon Wah and Calvin Yeoh agreed that the call for Independent Police Complaints of Misconduct Commission Act (IPCMC) reform is necessary to hold the police force accountable for actions of police intimidation. Calvin opined that the IPCMC Bill would protect activists from police misconduct, by counteracting internal police cover-ups. IPCMC will continue to safeguard arrestees even after they enter jail, and an independent body is our best shot at holding the police force accountable for police misconduct.
To reiterate the notion set in issue #2 of Suara Mandiri, the establishment of an independent police commission is a once-in-a-generation chance for our country. As public trust in the police has eroded, there is a chance for law enforcement officers in Malaysia to reclaim their reputation and assure effective policing for decades to come.
“You’re not defending yourself from the tangible acts of police intimidation, you’re defending yourself against the psychological effect by having a sense of clarity.”
- Sharon Wah
Sharon Wah opined that the purpose of police intimidation is to break the protestors’ advocacy spirit. To reduce the incitement of fear, the people must be informed of their rights and have clarity of the risks that they are willing to take.
Hence, in order to overcome this, the protestors must have a thorough understanding of their rights, such as the reason for their arrests, laws protecting them from self-incrimination and procedures to receive legal advice from their attorneys. It is also important to utilise public ground support on the cause and movement, apart from utilising the resources for legal aid. On this note, Sharon mentioned that the Sekretariat Solidariti Rakyat has done a very good job in protecting the protestors, by providing pro-bono lawyers and giving reliance on the fund. Sharon had also stated that victims of public intimidation must be brave enough to tell their story to enable public support and ensure that traction is gained.
“This is on putting trust on the rakyat as the people that will catalyse the movement and ensure that there is a continuance of narrative and constant reminder of how the people have been wronged, thus ensuring that we are firm with our demands.”
- Sharon Wah
Activism is a Human Right
“Man is born free,” began Jean-Jacques Rousseau’s The Social Contract.[50] For Rousseau, liberty means that any individual is not forced to obey the will of another individual: individuals are only able to enjoy freedom under just laws, as just laws obey the general will – not any individual will – and protects the individuals’ rights.[51] Hence, everyone should be equal before the law. If any individual or group is preferred, or an individual is harmed for the common good, the laws are thus unjust and the sovereign body becomes illegitimate.[52] Evidently, Rousseau’s political theory has lasting influences on our modern political systems.
In a similar vein, Benny Tai, a prominent democratic activist and law professor in Hong Kong, proposed the four stages of the rule of law:(1) existence of law; (2) regulation by law; (3) limitation by the law (the law is used to limit governmental powers); and lastly (4) usage of the law to achieve justice.[53] In principle, the law must limit governmental powers, as no one should be above the law. Moreover, laws should be sovereign and just; if the laws are unjust, citizens have the right to take part in civil disobedience.[54] While civil disobedience may range from peaceful assemblies to illegal boycotts, and et cetera, the breaking of existing laws is not against the rule of law, as it is in line with its final aim – to achieve justice.[55]
Zooming in from abstract theories to specific incidences, there is the #Lawan protest near home. While it is true that the protestors broke the Peaceful Assembly Act 2012, as their assembly did not receive permission from the police, it does not necessarily mean that they are destroying the rule of law. The rule of law, as Benny Tai’s theory goes, is not just obeying the law but ensuring that laws are fair and just. The #Lawan protestors are trying to change an unjust system, using peaceful and restrained methods, in accordance with the spirit of civil disobedience. The right to fight for just laws is universal; the protection of freedom in a civil society is why there is a need to stand in solidarity with activists and protestors.
References:
[1] '#LAWAN: A Recap Of 31 July - Amnesty Malaysia' (Amnesty Malaysia, 3 August 2021) <https://www.amnesty.my/2021/08/03/lawan-a-recap-of-31-july/> accessed 26 August 2021.
[2] Karim K, 'Heidy Quah Charged With Making Offensive Facebook Post | New Straits Times' (NST Online, 27 July 2021) <https://www.nst.com.my/news/crime-courts/2021/07/712101/heidy-quah-charged-making-offensive-facebook-post> accessed 18 August 2021.
[3] 'Drop Charges Against Heidy Quah For Exposing Horrible Conditions At Immigration Detention Centres' (The Star, 29 July 2021) <https://www.thestar.com.my/opinion/letters/2021/07/29/drop-charges-against-heidy-quah-for-exposing-horrible-conditions-at-immigration-detention-centres> accessed 17 August 2021.
[4] 'Detained 20-Year-Old Misi Solidariti Founder Transferred To Jinjang' (The Vibes, 29 July 2021) <https://www.thevibes.com/articles/news/36352/detained-20-year-old-misi-solidariti-founder-transferred-to-jinjang> accessed 17 August 2021.
[5] 'Aktivis Sarah Irdina 'Trauma Kena Lokap, Dakwa Polis Ancam Keluarga' (Malaysiakini, 31 July 2021) <https://www.malaysiakini.com/news/585279> accessed 28 August 2021
[6] '[UPDATED] Cops Quiz 8 Over #Lawan Rally' (The Vibes, 2 August 2021) <https://www.thevibes.com/articles/news/36708/cops-quiz-8-over-lawan-rally> accessed 28 August 2021
[7] Perimbanayagam K, 'Cops Arrest 31 At 'Candlelight Vigil' For Covid Victims For Illegal Assembly | New Straits Times' (NST Online, 19 August 2021) <https://www.nst.com.my/news/crime-courts/2021/08/719509/cops-arrest-31-candlelight-vigil-covid-victims-illegal-assembly> accessed 26 August 2021.
[8] Zolkepli, 'Thirty One SSR Members Slapped With RM2,000 Compound Notice For Candlelight Vigil At Dataran Merdeka' (The Star, 19 August 2021) <https://www.thestar.com.my/news/nation/2021/08/19/thirty-one-ssr-members-slapped-with-rm2000-compound-notice-for-candlelight-vigil-at-dataran-merdeka> accessed 26 August 2021.
[9] Cameons A, and Zack J, 'Situation In Kuala Lumpur Calm, No Protestors Seen Gathering' (The Star, 21 August 2021) <https://www.thestar.com.my/news/nation/2021/08/21/situation-in-kuala-lumpur-calm-no-protestors-seen-gathering> accessed 22 August 2021
[10] Ibid 9.
[11] 'Two Vigil Participants To Be Charged In Court Tomorrow' (Malaysiakini, 25 August 2021) <https://www.malaysiakini.com/news/588670> accessed 26 August 2021
[12] Ibid 9.
[13] Communications and Multimedia Act 1998.
[14] Sedition Act 1948.
[15] Peaceful Assembly Act 2012.
[16] Malaysian Penal Code.
[17] Section 233(1) of CMA.
[18]Section 4(1) of the Sedition Act.
[19] Section 505(b) of the Malaysian Penal Code.
[20] ‘What you need to know about Malaysia's Bersih movement’ (The Straits Times, 27 August 2015) <https://www.straitstimes.com/asia/se-asia/what-you-need-to-know-about-malaysias-bersih-movement> accessed 24 August 2021.
[21] Ashman A, ‘‘Where is our vote?’ Youths sit for 18 minutes in front of Parliament to protest the delay of Undi18’ (MalayMail, 27 March 2021) <https://www.malaymail.com/news/malaysia/2021/03/27/where-is-our-vote-youths-sit-for-18-minutes-in-front-of-parliament-to-prote/1961533> accessed 24 August 2021.
[22] ‘UM student: I protested against Maszlee too but was not harassed’ (malaysiakini, 23 March 2019) <https://www.malaysiakini.com/news/469222> accessed 24 August 2021.
[23] Kenneth T, ‘In Malaysia, hundreds march for climate change as part of global strike’ (MalayMail, 27 September 2019) <https://www.malaymail.com/news/malaysia/2019/09/21/in-malaysia-hundreds-march-for-climate-change-as-part-of-global-strike/1792969> accessed 24 August 2021.
[24]Ibid 23.
[25] ‘Malaysia: Government must stop harassment and intimidation of peaceful protesters’ (ARTICLE19, 31 July 2021) <https://www.article19.org/resources/malaysia-government-must-stop-harassment-intimidation-peaceful-protesters/> accessed 24 August 2021.
[26] ‘Cops have no reason to visit activists’ homes, says rights group’ (Free Malaysia Today,5 August 2021) <https://www.freemalaysiatoday.com/category/nation/2021/08/05/cops-have-no-reason-to-visit-activists-homes-says-rights-group/> accessed 24 August 2021.
[27] ‘Malaysia: Arrest of vigil attendees is government’s latest act of harassment against Lawan protesters’ (ARTICLE19, 20 August 2021) <https://www.article19.org/resources/malaysia-arrest-vigil-attendees-governments-latest-harassment-against-lawan-protesters/> accessed 24 August 2021.
[28]Ibid 27.
[29] May VA, ‘PDRM Arrests Anti-Vax Couple Who Bragged About Dining In Without A Vaccine Certificate’ (SAYS, 24 August 2021) <https://says.com/my/news/netizens-furious-with-antivax-family-dine-in-and-brag-on-facebook> accessed 26 August 2021.
[30] Radcliffe, R., ‘Thailand arrests activists who took part in pro-democracy protests’(The Guardian, 20 August 2020) <https://www.theguardian.com/world/2020/aug/19/thailand-issues-warrants-for-activists-who-called-for-reform-of-monarchy> accessed on 21 August 2021.
[31] ‘Thailand: More peaceful activists arrested and charged amidst pro-democracy protests’ (Amnesty International, 20 August 2020) <https://www.amnesty.org/en/latest/press-release/2020/08/thailand-more-peaceful-activists-arrested-and-charged-amidst-pro-democracy-protests/> accessed on 21 August 2021.
[32] Solomon, F., ‘Thailand Uses Controversial Lèse-Majesté Law Against Pro-Democracy Protesters’ (Wall Street Journal, 30 November 2020) <https://www.wsj.com/articles/thailand-uses-controversial-lese-majeste-law-against-pro-democracy-protesters-11606761747> accessed on 20 August 2021.
[33] Ibid.
[34] ‘Thailand: Activists Jailed for Criticizing Monarchy’ (Human Rights Watch, 9 March 2021) <https://www.hrw.org/news/2021/03/09/thailand-activists-jailed-criticizing-monarchy> accessed on 19 August 2021.
[35] ‘Thailand: Over 20 Democracy Activists Arrested’ (Human Rights Watch, 13 October 2020) <https://www.hrw.org/news/2020/10/13/thailand-over-20-democracy-activists-arrested> accessed on 20 August 2021.
[36] ‘Myanmar becomes a nation without newspapers’ (Myanmar Now, 18 March 2021) <https://www.myanmar-now.org/en/news/myanmar-becomes-a-nation-without-newspapers> accessed on 19 August 2021.
[37] Han Kha-Yar, ‘The Myanmar police came for me. My unsuspecting mother offered them tea.’ (Reporting ASEAN, 28 May 2021) <https://www.reportingasean.net/the-myanmar-police-came-for-me/> accessed on 20 August 2021.
[38] ‘Myanmar medics lead sprouting civil disobedience calls after coup’ (Channel News Asia, 3 Feburary 2021) <https://www.channelnewsasia.com/asia/myanmar-doctors-medics-civil-disobedience-calls-activists-300666> accessed 20 August 2021.
[39] ‘Myanmar anti-coup cage fighter arrested as protests continue’ (Al-Jazeera, 7 May 2021) <https://www.aljazeera.com/news/2021/5/7/myanmar-anti-coup-cage-fighter-arrested-as-blasts-hit-main> accessed on 20 August 2021.
[40] Creery, J., Explainer: From ‘five demands’ to ‘independence’ – the evolution of Hong Kong’s protest slogans. (Hong Kong Free Press, 25 June 2020) <https://hongkongfp.com/2020/06/25/explainer-from-five-demands-to-black-cops-to-independence-the-evolution-of-hong-kongs-protest-slogans/> accessed 17 August 2021.
[41] ‘Number of Arrested Anti-ELAB Protesters Reaches Ten Thousand, Only ⅕ of Them are Charged (香港反送中被捕人数破万 五分之一遭检控)’ (DW, 9 September 2020) <https://www.dw.com/zh/%E9%A6%99%E6%B8%AF%E5%8F%8D%E9%80%81%E4%B8%AD%E8%A2%AB%E6%8D%95%E4%BA%BA%E6%95%B0%E7%A0%B4%E4%B8%87-%E4%BA%94%E5%88%86%E4%B9%8B%E4%B8%80%E9%81%AD%E6%A3%80%E6%8E%A7/a-54861623> accessed 17 August 2021.
[42] Hong Kong: Arbitrary Arrests, brutal beatings and torture in police detention revealed. (Amnesty International, 19 September 2019)<https://www.amnesty.org/en/latest/news/2019/09/hong-kong-arbitrary-arrests-brutal-beatings-and-torture-in-police-detention-revealed/> accessed 18 August 2021. [43] ChengKris, & ChanHolmes. Hong Kong police and protesters battle into the night on CUHK campus as university head among those tear-gassed. (Hong Kong Free Press, 12 November 2021). <https://hongkongfp.com/2019/11/12/hong-kong-police-protesters-battle-night-cuhk-campus-university-head-among-tear-gassed/> accessed 17 August 2021.
[44] AFP. US urges China to release 12 Hong Kong fugitives who ‘fled tyranny’ as secretive trial begins. (Hong Kong Free Press, 28 December 2020). <https://hongkongfp.com/2020/12/28/us-urges-china-to-immediately-release-12-hong-kong-fugitives-who-fled-tyranny/> accessed 18 August 2021.
[45] HKPORI: Declining Confidence in all Five Indexes Including Democracy and Rule of Law, Recording New Lows in This Year. (香港民研:民主法治等五項指標全部下跌 均創今年新低). (The Stand News, 23 March 2021) <https://www.thestandnews.com/society/%E9%A6%99%E6%B8%AF%E6%B0%91%E7%A0%94-%E6%B0%91%E4%B8%BB%E6%B3%95%E6%B2%BB%E7%AD%89%E4%BA%94%E9%A0%85%E6%8C%87%E6%A8%99%E5%85%A8%E9%83%A8%E4%B8%8B%E8%B7%8C-%E5%9D%87%E5%89%B5%E4%BB%8A%E5%B9%B4%E6%96%B0%E4%BD%8E> accessed 18 August 2021
[46] National Security Council Arrests Former Apple Daily’s Editor in Chief, on Suspicion of “Conspiring to Collude with Foreign Countries or Foreign Forces to Endanger National Security”. (警國安處拘前《蘋果日報》執總林文宗 指控串謀勾結境外勢力). (The Stand News, 21 July 2021). <https://www.thestandnews.com/politics/%E6%B6%88%E6%81%AF%E5%89%8D%E8%98%8B%E6%9E%9C%E6%97%A5%E5%A0%B1%E5%9F%B7%E8%A1%8C%E7%B8%BD%E7%B7%A8%E8%BC%AF%E6%9E%97%E6%96%87%E5%AE%97%E8%A2%AB%E6%8D%95> accessed 17 August 2021
[47] Arranz Adolfo, Wong Dennis, & Lam Jeffie. The Mass Arrest of Hong Kong's Opposition Figures. (South China Morning Post, 12 July 2021). <https://multimedia.scmp.com/infographics/news/hong-kong/article/3140438/national-security-law-arrests/index.html> accessed 17 August 2021.
[48] DavidsonHelen. All 47 Hong Kong activists kept in custody after bail hearing. (Guardian, 4 March 2021). <https://www.theguardian.com/world/2021/mar/04/hong-kong-court-denies-bail-to-32-detainees-under-security-law> accessed 17 August 2021
[49] Chau, C. Hong Kong’s largest teachers’ union to disband following pressure from gov’t and Chinese state media. (Hong Kong Free Press, 10 August 2021). <https://hongkongfp.com/2021/08/10/breaking-hong-kongs-largest-teachers-union-to-disband-following-pressure-from-govt-and-chinese-state-media/> accessed 18 August 2021; Chau, C. Organiser of mass Hong Kong demos Civil Human Rights Front disbands citing ‘unprecedented challenges’. (Hong Kong Free Press, 15 August 2021) <https://hongkongfp.com/2021/08/15/breaking-organiser-of-mass-hong-kong-demos-civil-human-rights-front-disbands-citing-unprecedented-challenges/> accessed 18 August 2021.
[50] Rousseau, J.-J. The Social Contract & Discourses. (E. Rhys ed., & G. Cole tr., 1920) London & Toronto: J.M. Dent & Sons. <https://www.gutenberg.org/files/46333/46333-h/46333-h.htm#CHAPTER_I> accessed 25 August 2021.
[51] Viroli, M. Jean-Jacques Rousseau and the 'well-ordered society' (D. Hanson tr., 1988) Cambridge: Cambridge University Press.
[52] Ibid.
[53] Benny Tai Yiu-Ting(戴耀廷), The Future of Hong Kong Constitution Series: the Future of the Rule of Law(香港憲政的未来系列之一), (Xu Diqiang (許廸鏘)ed., 2018). HK Step Forward Multimedia(進一步).
[54] Ibid.
[55] Ibid.