Hong Kong Freedom of Press under attack by CY Leung (HKSAR Chief Executive)?

Thursday, 13 February, 2014
20140213 Ms  Li Wei Ling Press conference

20140213 Ms Li Wei Ling (李慧玲) Press conference

Is Freedom of Press in Hong Kong  under severe attack by HKSAR Chief Executive Mr. CY Leung as Ms. Li Wei Ling 李慧玲 (FB page) alleged? You be the judge yourself after watch the full press conference. I personally believe Ms. Li Wei Ling 李慧玲 is a person of the highest integrity through her years of journalistic work. Have a watch of the clip 李慧玲回應被商台解僱事件記者會 starts at 1m23s (full press conference with Q&A on 2014/02/13, over 1 hour long) and judge for yourself.

Is Encana trying to subvert freedom of press by using copyright law?

Thursday, 21 February, 2013


According to CTV News “Encana seeks to remove embarrassing audio clip from Internet“,

Now the company is asking Chirbit to remove the clip, according to The Globe and Mail.

Encana is the copyright owner of the Recording. It was expressly stated at the outset of the Conference Call that ‘this conference call may not be recorded or rebroadcast without the express consent of Encana Corporation,’” Encana told the web site in a letter.

The Recording has been posted without Encana’s consent. The unauthorized use of this Recording clearly constitutes copyright infringement. … Encana views this matter extremely seriously and requests that you respond to the undersigned on or before the close of business on Friday, February 22, 2013, failing which, Encana will have no other recourse but to take all actions as may be available to it to protect its proprietary rights.

Chirbit has declined the request, invoking fair use laws and saying that under its policy, anyone who wants audio removed from its site should ask the poster to do so.

To hear it for yourself in order to make an informed decision, have a listen to the audio clip in question – Warning: Offensive Language. Also have a read of Globe and Mail report, “Encana wants embarrassing audio file erased from Internet“.

To me, it seems a case could possibly be made that Encana is trying to subvert freedom of press by using copyright law, ultimately if it comes to a lawsuit it will be up to the judicial systems to decide. Now you have listened to the recording, and read the relevant materials, do you think Encana is trying to subvert freedom of press by using copyright law?

Please share your thoughts and comments. All comments are moderated but all fair comments will be approved and I will defend your rights to freedom of speech.

Stretching and bending Copyright Law

It should be noted that copyright law has been used in Canada in recent years to over-reach (in my opinion) into other unrelated areas. Take Euro-Excellence Inc. v. Kraft Canada Inc., 2007 SCC 37, [2007] 3 S.C.R. 20, a Supreme Court of Canada judgment on Canadian copyright law as an example, it ultimately is a case about the import of chocolate that somehow got twisted into a case about copyright.

Note: I have made a record of the audio clip in question as a backup in case the original recording was removed for any reason or by accident. Freedom of press is a principal worth protecting and fighting for by all working jouralists.

我的名字叫鄺嘉豪、陳詠妍 – ‪蘋果延伸‬ “‪你死你事‬”、”仗義欺寧弱小”‪精神

Sunday, 10 April, 2011


“‪蘋果日報法庭‬記者,英勇拍攝口交男女生法庭外逃跑情況,捍衛凌駕於三權之上的‪蘋果公審‬/羞恥‪權‬‬。延伸‪蘋果‬ “‪你死你事‬”、”仗義欺寧弱小”‪精神‬”

“蘋果‪法庭‬編輯/記者 捍衛”‪你死你事‬”精神 公審口交男女生”

讀/看完4月9日蘋果法庭”男女生照口交“新聞及互動片段(見下)之後,心中悲痛。早前我在““自殺獲救”娛樂化: 新聞自由=你死你事?”一文中我問,


報告法庭新聞本應非常重要,但一件簡單法院案件有須要窮追當事人嗎?真的有須要仗勢(報館的鏡頭)欺寧弱小,拍攝案中男女在法庭外逃跑,避開鏡頭的情況嗎?有須要將案件動畫化,加上抵死對白及攪笑音樂,將一件控方同意撤銷控罪,改以簽保守行為方式處理,裁判官頒令兩人自簽 1,000元,守行為 12個月的案件,放大萬倍嗎?有考慮到法庭已經給了他們法制下應得的懲罰嗎?‪我想知道,蘋果從‬何時開始得到‪凌駕於三權‬(行政,立法,司法)‪之上的蘋果公審/羞恥權?‬



P.S. 與‪蘋果日報相比,明報專訊(見下)的報導,因為沒有的互動片段,則比較溫和。另見東方報導

繁忙時間 港鐵銅鑼灣站梯間 警巡過 男女生照口交 – 2011年04月09日
瀏覽人次:101,600 Facebook Twitter 轉寄朋友

【本報訊】人流如鯽的港鐵銅鑼灣站,一對年輕男女學生,公然於傍晚時分在樓梯間卿卿我我。有巡警覺得可疑曾上前查問,惟二人待巡警走後,留在原位,就地口交。巡警透過廣角鏡窺探,發現二人淫行,現身拘捕時,男生露出勃起的陽具。涉案學生本被控有違公德罪開審,昨在東區裁判法院獲准簽保守行為,不留案底。 記者:楊家樂

事發今年 2月 6日年初四晚上 6時半, 19歲女學生陳詠妍及 22歲男學生鄺嘉豪,處身港鐵銅鑼灣站內連接月台及車站大堂的 B4號樓梯。當時陳女坐在地上,上半身倚靠在男方的小腿位置。一名隸屬鐵路警區的警員巡經該處,見狀上前查問兩人是否不適,他們否認。
巡警懷疑他們有違法勾當,遂假裝離去,步向上層樓梯轉角位,透過牆上廣角鏡繼續監視。只見兩人維持相同姿勢 4至 5分鐘,巡警遂靠近觀察,赫然發現陳女將頭埋在男方兩條大腿之間,頭部上下左右移動。
巡警見狀,走到兩人背後,叫陳女站起,陳女照做,此時巡警看見鄺的褲子拉鏈全開,勃起的陽具展現眼前。巡警立即拘捕兩人,警誡下,陳女承認犯案出於一時衝動,鄺則指陳女自願替他口交。 Read the rest of this entry »

prime minister stephen harper in Calgary & press restrictions (pink elephant in the room & freedom of press)

Wednesday, 10 February, 2010

Business reporters don’t usually write about press restrictions (or freedom of press) but my experiences in reporting on prime minister stephen harper‘s two events in Calgary this past Monday left this reporter no option but a discussion of freedom of press and that “pink elephant in the room“. (This report is cross posted at examiner.com.)

prime minister harper with minister prenticeprime minister harper at Alberta Caucus meeting

*** Photo credits: Kempton Lam. ***

Background facts before the main discussions,

  1. The Calgary press were given practically no advance notice for the two Calgary events at 9:30am and 11am on Monday Feb 8th, 2010. Notice of the public events was posted on Sunday for a Monday event.
  2. For the 9:30am budget roundtable, the gathered press were herded into the room at around 9:40am. mr harper spoke almost inaudibly (I had to increase mr harper’s volume in the video by 200%) for less than a minute for the photo op. No questions were allowed for the gathered press as stipulated in the public events media advisory. mr prentice and 10 Alberta businessmen sat there quietly as planned and staged when mr harper was speaking.
  3. It was unfortunate that the room for the budget roundtable was very small, the 50-70 seconds for photo op was too short, and mr harper spoke way too gently (inaudibly). The end result was chaotic, more than one Calgary/national media outlets were unable to get useable material at the first photo op.
  4. Upon requests from the gathered media, the PMO (Prime Minister Office) promised to try to find someone attending the budget roundtable to speak to the media. And on this, the PMO delivered and an roundtable attendee was made available. Actually, another attendee who left by the front entrance also stopped by to answer questions from the media. Both persons’ answers can be seen in the following video.
  5. For the 11:00am Alberta caucus meeting, the gathered press were herded into the room, a much bigger room for the 20+ attendees, where more spaces were available for cameras and TV cameras. Again, mr harper spoke almost inaudibly (the 200% volume boost didn’t help this time because the camera shuttle sound nearby was louder than many of mr harper’s words). But at least photos were taken and the press were herded out of the room in about 60 seconds.
  6. Again, upon request by the gathered press to have someone answering questions after the Alberta caucus meeting, the PMO said they “will try” to find someone to answer questions. This reporter decided to leave before the end of the caucus meeting (see reasons in the discussions).

Discussion of issues raised by the above facts (with matching fact & discussion number),

  1. As a courtesy and a little bit of respect to the Calgary press (and press in other cities), it makes sense to give more advance notice to the press. I suspect the 10 businessmen and the 20+ Alberta caucus members didn’t get a call on Sunday about the roundtable so they had much more advance notices to prepare. This would be useful especially for a Monday morning event at 9:30am. Bottom line: Yes, courteous would be nice but the PMO can do what pleases it on this one. The PMO doesn’t have to be courteous to the press. My understanding is that Calgary, mr harper’s home riding, is simply getting the same discourteous treatment as other cities mr harper had been holding roundtable. So Calgary is nothing special for mr harper.
  2. What the prime minister said in the two events for about 60 seconds each was almost inaudible and the total lack of opportunities for reporters to ask mr harper questions before, during, or after the budget roundtable was unacceptable. Bottom line: If all the prime minister harper and the PMO wanted was to have local media take photo and video of mr harper and be his official mouth piece, then the PMO should consider not informing the media outlets about the Calgary or other cities’ events. And simply issuing standard PMO approved photos and videos. This way, at least the video will have audible sound! (more in #3)
  3. Bottom Line: The very funny thing was the PMO actually had a boom mike setup for both events to capture much better sound than local media ended up getting. Of course, this reporter is being facetious in suggesting the PMO to NOT inform the local media and simply distribute “approved photos and videos”. In fact, if PMO takes on the role to distribute “approved photos and videos”, then it is functioning no different than the China’s government controlled mouthpiece Xinhua News Agency (the sole government approved news source if and when the Chinese government declare a news as “embarrassing/sensitive” including the 2008 Sichuan earthquake).
  4. The gathered press (me included) were lucky to have two budget roundtable attendees answering questions. So some general sense of the discussions could be obtained. But the clear and present pink elephant in the room was mr harper! Yes, mr harper was the pink elephant in the room that every reporter wanted to asked a question or two. In fact, after the chaotic first photo op where some of the gathered reporters were angry of the impossible arrangement and the superficial nature of the photo op. Later that morning, I was reliably informed by a TV reporter colleague that mr harper had not allowed reporters any questions when harper visited Calgary last year. This lead me to think mr harper has become way too controlling and has been unable to communicate effectively. Bottom Line: The press in Calgary and other cities should be viewed as proxies for Canadians. The press’ jobs are to ask questions important to Canadians, and to get answers from their elected politicians regarding issues & initiatives important to Canadians. The role of the press is even MORE IMPORTANT now because the parliament has been prorogued single-handedly by mr harper for an extended period. When opposition parties (elected by Canadians across the country) cannot hold prime minister harper and government ministers accountable by questioning them in the parliament, that important role of “holding the government accountable” falls, unfortunately, onto the shoulders of the press.
  5. Well, the photos and video clips were taken successfully at photo op #2. The formalities were done. Unfortunately, the important issues raised above remains unresolved.
  6. This reporter decided NOT to wait for the caucus meeting to finish because of two reasons. First, the “will try” from the PMO was not good enough for this reporter to wait for another hour to 90 minutes. Second, and this is the key reason why I left, when the clear and present pink elephant in the room (mr harper) would NOT answer questions, the sad fact of life was that the token politician in that room sent to answer questions would only be authorized to speak from a list of likely meaningless scripted talking points. Bottom Line: In China, the value of reporting meaningless & scripted talking points may mean staying alive and be employed for another day. In Canada, this reporter made the conscious decision to walk away and refused to be a mouthpiece of mr harper’s or the government of Canada’s information/disinformation.

Here is the report video.

In this 2006 November Norman Rockwell article where Rockwell’s “Freedom of Speech” painting was displayed, this reporter wrote,

We need more people to stand up against the powerful and idiotic politicians in Canada, U.S., Hong Kong, and many places around the world where we have the rights to freedom of speech.

I never quite thought that I would be the person/reporter that “stand up” and speak up against powerful politicians: writing about mr harper, freedom of speech, and naming mr harper as the pink elephant in the room. But in life, sometime things need to be done. And in this case, this reporter/blogger ended up discussing freedom of press, mr harper, and the pink elephant in the room, because of mr harper and the PMO persistence and dangerous press restrictions.

Note: When mr prentice came to Calgary the week before to talk about the new environment policy, he at least had a press scrum and answered some media questions.


prime minister harper shutdown Freedom of Press

Saturday, 30 January, 2010

prime minister stephen harper had so much fun shutting down democracy and parliament, he has shutdown Freedom of Press as well.

From CBC “Media have no flight plan on PM’s plane” (emphasis added),

Prime Minister Stephen Harper is sneaking back into Canada through the front door.

Harper flew back from Switzerland today.

While in the air his office announced the appointment of five new Senators and the Supreme Court ruled he has the power to decide to ask if Omar Khadr could be repatriated.

What does Harper have to say about these developments? Nothing.

Journalists travelling with Harper are being kept on the plane to ensure the Prime Minister doesn’t face any questions in his short jaunt from the bottom of the staircase to his waiting limousine.

A prime minister that refuse to answer questions from the press, especially after important decisions of national significance, has lost the moral authority to govern.

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