JUNE-JULY 2008
RRESPO
THE OFFICIAL PUBLICATION OF THE FOREIGN CORRESPONDENTS’ CLUB, HONG KONG
THE
A New
President
ERNST HERB
TAKES OVER
THE REINS
THE CORRESPONDENT contents
BOB DAVIS
Letter 2
Cover photo by Bob Davis Professional Contacts 39
From Ken Bryan in England phone calls and reminders from the
I was sorry to read that Jim Biddulph manager. If you didn’t pay on time
had passed away. I have a particularly your name would be posted on the
fond memory of Jim which occurred Club’s notice board. The Board agreed
when I was treasurer to his presidency and we wrote to all members advising
of the FCC in 1986. them of the change.
At that time the finances of the More than 100 members didn’t
Club were not in good shape. When take heed of the warning and were
I looked at the figures, however, it duly posted. One member, quite well
seemed to me that the primary prob- known, rang Jim in a fury:
THE FOREIGN
lem was a poor cash flow. A large num- “I have never been so insulted in all
CORRESPONDENTS’ CLUB,
ber of members were in the habit of my life,” he fumed.
HONG KONG
paying their bills in arrears; in some “Oh,” said Jim calmly, “I’m sure you
2 Lower Albert Road, Central, Hong Kong
Tel: (852) 2521 1511 Fax: (852) 2868 4092 cases several months in arrears! must have been”.
E-mail: <fcc@fcchk.org> I suggested to Jim and the Board In my career, this is the most sup-
Website: <www.fcchk.org>
that we strictly invoke the Club rules portive reaction I have ever experi-
President: Ernst Herb
First Vice President: Tom Mitchell which did, indeed, require members enced. So much so that I have used it
Second Vice President: Kevin Egan to pay up by a certain date after the often, with due accreditation, in talks
Correspondent Member Governors receipt of their bills. So, no more free on management and leadership.
Keith Bradsher, Bonnie Engel, Anna
Healy Fenton, Jim Laurie, Kees Metselaar, credits and no more chasing up tele- Thank you Jim.
Christopher Slaughter, Stephen Vines,
Douglas Wong
Journalist Member Governors From Mark Erder of APV journeymen hacks to famous editors,
Francis Moriarty, Jake van der Kamp
For the last couple of years while our others from well-known editors or writ-
Associate Member Governors
Andy Chworowsky, David O’Rear, managing director Chris Slaughter was ers to skilled craftsmen or small busi-
David Garcia, Steve Ushiyama nessmen/women and one from shop
President of the FCC, some of us from
Club Secretary APV – especially Chris – frequented girl to Hollywood producer. Whatever
David O’Rear they’ve become or wherever they’ve
the Club around five days or nights a
Finance Committee gone, they come back to the FCC ... how-
Convener: Jake Van Der Kamp week. While it was a home away from
(Treasurer) home on most nights it was pretty ever briefly and for whatever purpose
Membership Committee uneventful; but every now and then Today, the Club might not have the
Convener: Steve Ushiyama
something happened that reminded storied buzz it had during the Vietnam
Professional Committee us of why we’d joined. The other night War years or the excitement of the
Conveners: Tom Mitchell, Keith Bradsher
was one of them. prolonged lead up to the handover.
House/Food & Beverage Committee
Convener: Stephen Vines Friday evening started out as a typ- But, at the end of the day, it is still
Wine Sub-Committee: “The FCC” and it is one of a kind. It is
Chairmain: Bonnie Engel
ical night in Hong Kong. After a long
afternoon of internal meetings ending legendary for good reason.
Charity Fund Committee
Co-Chairmen: Andy Chworowsky, in an office party, a group of us from And the reaction to the guy at
Thomas Crampton the bar? Around 25 years ago, he was
APV retired to the FCC for a late din-
Freedom of the Press Committee
Convener: Francis Moriarty ner. What was anticipated as a quiet a client of my (now) wife’s small ad
Constitution Committee couple of hours of drink, dinner and agency. He was trying to call her but
Convener: Kevin Egan chat turned into one of those “only in couldn’t get through. But he had to
Wall Committee Hong Kong” experiences. reach her “urgently”. So he used one
Convener: Chris Slaughter
More accurately, it was an “only at of those “only in Hong Kong” tech-
General Manager
Gilbert Cheng the FCC” experience. niques: he told her secretary this was
Shortly after finding table, I told an emergency call on behalf of her
The Correspondent my guests: “My God, there is a guy at elderly mother in the UK. Of course,
© The Foreign Correspondents’ Club, the bar that I haven’t seen in 25 years”. she immediately picked up the phone.
Hong Kong A few moments later, “And there is He laughed; she didn’t. For any of you
The Correspondent is published six times somebody, I haven’t seen in 20 years”. who have lived overseas for awhile
a year. Opinions expressed in the magazine
are not necessarily those of the Club. And so it continued, until I was up – away from your parents – you can
Publications Committee to five (or was it six?) old friends, fill in the blanks and understand the
Conveners: Kees Metselaar, Anna Fenton acquaintances and colleagues whom exact outcome of the call.
Editor: Diane Stormont
I hadn’t seen or talked to – or, in one But things like that no longer hap-
Editorial and Production
Hongkongnow.com Ltd case, hadn’t thought about – in five pen, do they? Twenty-five years ago,
Tel: 2521 2814 running into a guy like that at the bar,
E-mail: fccmag@hongkongnow.com
to 25 years. For the most part, I was
thrilled to see them or sad there wasn’t there would have been a fist fight, bar
Printer: Printing Station (2008)
more time to catch up. (For the guy at stools would have tipped over and
the bar I had a different reaction.) Bloody Marys would have hit the wall.
They’ve all moved on in their lives, But not today. Times have changed (I
careers and living situations. Some from think).
L
FIRST VICE PRESIDENT
et me start by thanking Tom Mitchell
you for your confidence SECOND VICE PRESIDENT
in making me President Kevin Egan
of the best Foreign Cor- CORRESPONDENT GOVERNORS
respondents’ Club in the Keith Bradsher, Bonnie Engel,
world. I’m not sure what it says Anna Healy Fenton, Jim Laurie,
about your judgement but now that Kees Metselaar, Christopher
Slaughter, Stephen Vines,
the deed is done, I will do my best Douglas Wong
to avoid screwing up. If I do, there
are good people to point this out to JOURNALIST GOVERNORS
Francis Moriarity,
everyone and, once we’ve finished Jake van der Kamp
laughing at my expense, to help fix
whatever needs fixing.
ASSOCIATE GOVERNORS
Andrew Chworowsky, Thomas
Tom Mitchell and Kevin Egan, Crampton, David O’Rear,
respectively first and second VPs, are Masaharu (Steve) Ushiyama
well known to many of us through
their years in Hong Kong. Among the
other Governors are Keith Bradsher, FCC Committees
Bonnie Engel, Anna Healy Fenton, 2008-2009
Jim Laurie, Kees Metselaar, Christo- All of us owe a (As resolved by the Board of Governors
pher Slaughter, Stephen Vines and
Douglas Wong. Journalists have Fran-
special thanks to 2008-2009 on May 22, 2008)
Club Secretary
cis Moriarty and Jake van der Kamp our 113 staff. I can David O’Rear
to look after them. Our Associate
Governors are Andrew Chworowsky,
tell you from my Finance
Convener – Jake van der Kamp
Thomas Crampton, David O’Rear and experience in FCCs (Treasurer)
Steve Ushiyama.
All of us owe a special thanks to
elsewhere that they Membership
Convener – Steve Ushiyama
our 113 staff. I can tell you from my make a tremendous Professional
experience in FCCs elsewhere that Convener – Tom Mitchell
they make a tremendous difference.
difference. It is they Keith Bradsher
It is they who make our Club a “home who make our Club Publications
away from home”. Convener – Kees Metselaar
Gilbert Cheng, the General Man-
a “home away from Anna Healy Fenton
House/Food and Beverage
ager, has been with the FCC for over home”. Convener – Stephen Vines
30 years. He definitely does not look
old enough but he was already with Wine Sub-committee
Chairman – Bonnie Engel
us when we were located in Suther-
FCC Charity Fund
land House, famous for John Le
Co-Chairman – Andrew
Carré’s literary references. Chworowsky & Thomas Crampton
Many staff probably know you by Press Freedom
name, and may know your member- Convener – Francis Moriarty
ship number and favourite beverage Constitution
as well. They are professionals and Convener – Kevin Egan
their work continues regardless of Wall
who sits on the Board from year to Convener – Christopher Slaughter
Top: Cloud (left) and Strewth (right) at the start of the race. PHOTOS BY CARLO BORLENGHI/ROLEX.
All At Sea
After finishing fourth in class in the
2007 San Fernando Race, the crew of
Cloud had high hopes of a place in this
year’s Rolex China Sea Race. It was not
to be, reports FCC Board member and
galley slave Andy Chworowsky.
Perkins and Win Kaaka took of the boat to help stabilise it.
the first watch. Tristan Stew- But the entire crew returned to
art, (former FCC President ) the deck; they didn’t want to
Chris Slaughter, Lucinda Ho risk being trapped inside if the
and yours truly relieved them boat turned turtle.
at midnight. And so on. Strewth made contact with
We experienced very the Yacht Club in Hong Kong
rough seas for most of the and the Marine Rescue Com-
night. No one lost his din- mand Centre there, too. After
ner though I must say it was looking at all the options (we
about the closest I have ever were about 140 miles from
come. By early morning, the Hong Kong at this point –
waters had calmed as we were which was the closest land-
well past the continental shelf fall) Strewth’s crew decided to
and the South China Sea oil continue motoring towards
rigs. A pleasant blue-water Hong Kong and we were
regular swell and sunshine made us Chris inadvertently deployed his life- asked to accompany them, standing
all look forward to a wonderful day jacket for which we mocked him not. by in case of an emergency.
at sea. This meant us giving up the race,
People were starting to move eas- happens there is a 99% chance of the but, of course, there is no other choice
ily about the boat, putting right equip- crew suffering serious injury or loss of than to render assistance – they cer-
ment and gear that had been thrown life. So this was no small deal. tainly would have done the same for
around during the night. Win hero- When we got close, we indeed us were the situation reversed.
ically tackled the head, which was sur- saw she was rolling in the waves Chris, Lucinda and I had sailed
rounded by about six inches of slosh- pretty dramatically. She had 13 crew on Strewth a few times, and are good
ing awfulness. We waited patiently for (the unlucky number did not go un- friends with her skipper, Ben Johnson.
him to finish before venturing in for noted) and they were all on deck We did remark a little wryly that we
morning necessities. looking a bit dishevelled but very were glad it was someone we liked!
Just before 8 am, Olivier, the skip- happy to see us. So, we fell in behind Strewth and
per, noticed another yacht motoring It must have been a very tense night sailed north. The day turned out to
in the opposite direction, about a for them. We learned later that when be gorgeous. Very calm seas, with
mile and a half away from us, with the keel went, they were fairly off the eight to 10 knots of breeze. We put
no sails up. We hadn’t heard any- wind and the boat rounded up on her up our mainsail, which was enough
thing on the radio, and were trying to (very wide) stern instead of rolling to keep us at about four to five knots
figure out who she was when Chris over. They immediately dropped all – Strewth’s motoring speed.
spotted a parachute flare shot from the sails, released the boom from the We fell into a fairly relaxed day. We
her stern. mast and got as much weight as they put a fishing line in the water – some-
As I (heroically) switched off the could down below and in the middle thing we would never do during a
kettle, Cloud turned and we race because of the drag – but man-
struggled into our harnesses and aged to catch nothing. We tried to
life jackets. As we approached, practise splicing lines and showing
we made radio contact and off techniques for tying bowlines
found out she was Strewth, a one-handed and such.
TP52, and that she had lost her In the afternoon, Strewth’s crew
keel about four or five hours said they were worried about their
earlier. TP52s are hi-tech racing fuel situation. It looked like they
machines designed to compete might not have enough to make
in the Trans-Pacific race from San the entire trip back. It was decided
Diego to Hawaii. They are really we had better transfer some fuel
fast boats, skittish and light. The to them while the seas were calm,
amazing thing was that Strewth the winds were light and the sun
had not capsized. Someone told was shining.
me later that 95% of boats of this We didn’t have any jerry cans,
sort capsize immediately when so they emptied two of their
they lose their keel and when this spare water cans, tied them to a
TSUEN WAN
Our intrepid traveller gets off the beaten track to explore downtown
Tsuen Wan. Words and photographs by Cecily Gamst Berg.
T
he first thing I notice when I But will Tsuen Wan love me? An my last haircut and tinting cost about
arrive in Tsuen Wan (Fragrant early indicator says no. I’m trying 200 times that. The difference in price
Herb Bay) one morning is the to photograph some sugar canes at probably reflects the difference in rent
number of spitting men. Or men spit- close range because I think it will look between a salon in Prince’s Building
ting. rather artistic, bottle green and stuck and downtown Tsuen Wan, but still.
Spitting in the street right in front in a white bucket as they are. These guys have been at it for 30
of other people’s feet is something “What the hell do you think you years but they will soon have to find
you see less of in today’s Hong Kong, are doing?” It’s the owner of the sugar another shaving venue as the whole
but here they are, middle-aged to cane shop and he is vexed. neighbourhood is coming down to
early geriatric men gobbing up with “Er ... taking a photo of these sugar make way for yet another unimagina-
panache and flair, wiping the spittle canes.” tive 40-storey mall with shiny tiles
nonchalantly with the sole of their “Without permission? You can’t and mirrors. They might also retire.
shoe as they walk on, probably to just come here and take photos with- But given the prices they charge, what
eliminate germs. out permission. Those are my sugar the hell on?
I get all warm and fuzzy inside as canes. You want to take photos, you They don’t mind being photo-
this reminds me more than anything ask ME.” graphed and neither does the man
of my closest holiday destination, that Moving swiftly on I find a little sitting incongruously among plas-
dear country to the north. I’m pre- back alley where men are having their tic toys and a photocopier, playing
pared to love Tsuen Wan if only for faces and heads shaved for $10. It is haunting melodies on his erhu. But
the spitting. with not a little envy I remember that it has to be said that in Tsuen Wan I
O
convention and personal safety and n a bridge I meet a retired guy
climb over the bastards (railings). who speaks through a hole in
No, Tsuen Wan is a perfect example his throat. Having his larynx
of how our civic-minded and town- ripped out in the early 1980s had been
planning government wants our city the making of him apparently – he had
future to be: a place created primarily toured both Japan and Korea talking in
for cars and with pedestrian needs his throaty animal monotone about the
thrown in as an afterthought: hun- dangers of smoking. For a man without
dreds of steps up and down stairs just a voicebox he certainly can hold his
to get across the road. own, not drawing breath for about 20
A place for old and/or decrepit minutes as he clutches my arm with
people this ain’t as they surely don’t one hand and holds his speaking tube,
have the energy to traverse all those which he had designed himself, on his
steps. And yet, amid all this industri- Adam’s apple with the other.
al-strength concrete and metal, there So that proves once and for all my
exists a stubborn humanity which theory about the tones in Cantonese
seems to prefer milling around on the not being as important as people say
ground, mostly in the two streets in – in fact not important at all. This guy
the entire town where you can still has ONE tone and it’s not even very
find buildings of normal height and good ... but I understand everything
privately owned open-front shops. he says.
Trees in full spring bloom give Talking of one tone: in one of those
these streets a village-like feel and, little pavement stalls where every-
like so many times before, I wish I thing costs less than $30, I finally
could be transported to the past just find the object of my dreams: a little
for a day − or even an hour − to get a machine the size of a packet of fags
glimpse of what Hong Kong was like which screams in a voice that’s a
when it was beautiful. sparked the inevitable. By 1962, there cross between Minnie Mouse, a 200 kg
For even in the late 1970s Tsuen were 108 textile mills in Tsuen Wan. fishwife and an air raid siren: “Hello!
Wan was little more than a village with By the mid-1970s, there were nearly Welllll-coooome”!
one-storey houses crammed together one thousand. This could lead only to It’s set off by people, or rather, any
surrounded by fields, as documented one thing: a massive influx of people, kind of movement, near it. It’s the
in the helpful films and brochures in first living in shanty towns and then, burglar alarm I’ve always wanted. Yes,
the museum. increasingly, in public housing. I love this Tsuen Wan despite its crap
But large-scale textile manufactur- Another huge industry in Tsuen town planning and visual offensive-
ing which began after World War II, Wan was enamelware. I love enamel ness.
SEAWISE
AFTER THE EVENT
There was no shortage of news on January 9, 1972. In the UK, coal miners were launching
their first national strike in decades, Howard Hughes said a purported biography of him
by Clifford Irving was a fake, and newspapers were feverishly anticipating Richard Nixon’s
forthcoming visit to China. But then a story from Hong Kong popped into the headlines: fire
had broken out on board the Seawise University, formerly the iconic liner Queen Elizabeth.
Jonathan Sharp, who covered the saga for Reuters, talked to FCC members who have
vivid memories of the blaze – the inferno that launched a thousand conspiracy theories.
Unless indicated, photos by Bob Davis.
F
or photographer Bob Davis, Seaw-
ise University had promised to be
a nice little earner. The ship, so
re-named as a play on the initials of its
new owner, tycoon C.Y.Tung, had been
anchored in Hong Kong’s outer harbour
for six months. It was being converted
into a university for the World Campus
Afloat programme, a suitably dignified
final career for the former empress of
the Atlantic crossing.
Seawise University had received a regal recep-
tion when she steamed into Hong Kong, includ- Left: Seawise anchored off Tsing Yi. Top: Seawise Ablaze. Bottom: First
ing a salute from the spray of a local fireboat. Class cabin.
Top: Once refitted, the ship was due to sail to Japan for dry-docking. Bottom: Shipyard workers departing.
That same craft, the Alex- ship during World War Two.
ander Grantham, would be Completed as the war began,
used for a more serious, and the Queen Elizabeth was sur-
futile, purpose six months rounded with such secrecy
later. that, on her maiden voyage
As the refit neared com- to New York, not even her
pletion, Bob was commis- captain was told what course
sioned by the Tung family to set until the ship had left
to document the liner’s new harbour.
incarnation. The day after his explor-
Recalling his conversation atory visit, Bob called the
with the Tung family repre- Tung representative and said
sentative about the proposed he aimed to start the shoot
deal, Bob said recently: “I said the following week. He was
OK, I’ll have to go out and do have you got and what do you want then told that the job would
a recce and then I will give a quote, me to shoot. I could see it running have to be postponed as it would
because I will have to find out how into weeks.” be “an inconvenient time to go next
much time I’ll need.” Bob spent about three or four week”.
At this stage, nothing about his hours on board, shooting what Inconvenient, indeed. January 9,
commission had been signed or turned out to be probably the last 1972 found some 2,000 workmen plus
sealed. photographs taken of the ship’s inte- their wives and children on board
“So I duly went out there on one rior before the disaster struck. One sightseeing. A cocktail party was
of their boats with a whole bunch of image that has stuck in his memory planned by the owner for that after-
labourers. I immediately realised this was of an alcove where the wall was noon just prior to the ship sailing to
was going to be an enormous job. I covered in messages of the “I love Japan for dry-docking preparatory to
looked around various places on the Susie” type, scribbled by some of the a March 28 maiden voyage as Seawise
ship and thought, maybe I should go tens of thousand of GIs transported University. At approximately 10:30 am
back to them and ask how many days to Europe by the liner-turned-troop- fire seemed to erupt everywhere at
PHOTOGRAPHS BY AFP
and of self-determination in international law and the and the European powers generally supported the
facts of China’s involvement with Tibet. cause of independence of the Serbs, Romanians and
Bulgarians.
What is sovereignty?
9. At the Paris Peace Conference after World War I US
6. Under the traditional theory of state sovereignty which President Woodrow Wilson pushed for the peace settle-
underpinned international law for three hundred years, ment to be based on the principle that “every territorial
it was for the rulers of states to determine by agreement settlement in this war must be made in the interest
between themselves which territories they would rule and for the benefit of the populations concerned, and
over. This system, formalized by the Treaty of Westpha- not as a part of any mere adjustment or compromise of
lia in 1648, did not give any role to subjects in choosing claims amongst rival states”. Despite this, the principle
their ruler. If sovereignty was not determined by con- was only selectively applied, where it coincided with
quest, it was decided by mutually agreed cession. No the interests of the major players at the conference. In
one consulted the inhabitants of the island of Minorca other cases it was flagrantly ignored, most notably in
before it was ceded by Spain to Britain by the Treaty the transfer of the former German Chinese treaty port
of Utrecht in 1713, or before it was ceded to Britain a of Tsingtao to Japan against the wishes of its inhabit-
second time, after capture by the French, by the Treaty ants.
of Paris in 1763, or before it was ceded back to Spain by
the Treaty of Amiens in 1802. Minorca’s experience was 10. By the time the United Nations was set up after World
typical of many small European territories which hap- War II, it was generally recognized that peoples had
pened to be coveted by more than one European power. the right of self-determination. Article 1.2 of the United
Similar cession with complete disregard for the views Nations Charter states that the purposes of the United
of the inhabitants was also the fate of overseas colo- Nations include the development of friendly relations
nial territories. Bombay became British in 1662 because among nations based on respect for the principle of
it was ceded to England by Portugal as the dowry of self-determination of peoples. It can therefore be said
Charles II’s Portuguese bride, Catherine of Braganza. that all states which have become members of the
United Nations by ratifying the United Nations Char-
7. Modern international law, although now applied at ter – including China – have accepted the principle of
least to some extent by every country in the world, respect for the self-determination of peoples.
is largely a European invention[2]. This applies par-
ticularly to the doctrine of state sovereignty, under 11. The United Nations Charter was followed by the Uni-
which China claims sovereignty over Tibet. It has been versal Declaration of Human Rights. The rights in the
cogently argued[3] that by appropriating this European Universal Declaration were elaborated in two more
concept to claim sovereignty over Tibet, China is dis- detailed international covenants which, unlike the
torting a traditional historic relationship between the Declaration itself, are treaties intended to have legal
Ching dynasty emperors and the Dalai Lama of Tibet, force. Article 1 of the International Covenant on Civil
which was that of a patron and a religious leader, and and Political Rights (ICCPR) states that “All peoples have
not that of a sovereign and a subject. If this is right, the right to self determination. By virtue of that right
all China’s claims to sovereignty based on the Ching- they may freely determine their political status”. The
Dalai Lama relationship (and its more recent claims ICCPR has been ratified by 161[4] of 192 United Nations
based on the earlier relationship between the Mongol member countries. Five other countries, including
(Yuan dynasty) emperors and Tibet) are misconceived. China, have signed but not ratified. A nation which is a
However I argue below that, misconceived or not, these signatory of an international treaty, such as the ICCPR,
claims are in any case irrelevant to whether Tibet now is obliged under international law to “refrain from acts
has a right to self-determination. which would defeat the purpose and object of the trea-
ty” (Vienna Convention on the Law of Treaties, Article
Self-determination 18, codifying earlier customary international law).
8. The Westphalia concept of state sovereignty came into 12. China is therefore bound, both by its adherence to
conflict with nationalist aspirations for statehood in the United Nations Charter and by its signature of the
nineteenth century Europe. Polish nationalists did not ICCPR to respect the principle of self-determination of
like Poland being partitioned between the German and peoples.
Russian Empires. Czechs did not like being part of the
Austro-Hungarian Empire. Britain supported the cause What does the right of peoples to self-determination actually
of Greek independence against the Ottoman Empire, mean?
13. There was no consensus about what the right to self- “peoples”. It excludes African tribes whose populations
determination meant when it was included in the may be concentrated in one part of a state, or parts of
ICCPR. Western countries were generally reluctant more than one state. It therefore gives no encourage-
to include it, but felt obliged to do so in response to ment to the destructive tendency to fragmentation of
the aspirations of recently independent countries to African states which was seen in the Biafran War in
end European colonialism in those places were it still Nigeria and which has recently been evident in Kenya.
existed. Communist and Soviet influenced countries More controversially it excludes some peoples with
generally interpreted self-determination as meaning a long history of struggle for independence, such as
the right to choose a socialist form of government. the Kurds (spread across parts of Turkey, Iran, Iraq and
Syria).
14. Since the ICCPR came into effect in 1976 there has been
widespread concern that if the right to self-determina- 17. The issue of self-determination was considered in the
tion in Article 1 is applied literally this could lead to the context of colonial territories in the United Nations
break-up of many existing states. This applies particu- General Assembly Declaration on the Granting of Inde-
larly to Africa, whose national boundaries are mostly pendence to Colonial Countries and Peoples (General
colonial era constructs, but also to numerous other Assembly Resolution 1514 (XV)) of 14 December 1960.
states with ethnic minority populations who form a Article 1 of this Declaration states that “The subjection
majority in particular regions. of peoples to alien subjugation, domination and exploi-
tation constitutes a denial of fundamental human
15. The consensus which has emerged is that the right to rights, is contrary to the Charter of the United Nations
self-determination for the purposes of ICCPR Article 1 and is an impediment to the promotion of world peace
applies only to the following: (1) entire populations liv- and co-operation.” A further General Assembly resolu-
ing in independent states, (2) entire populations of ter- tion, the Declaration on Principles of International Law,
ritories yet to receive independence, and (3) territories Friendly Relations and Co-operation among states in
under foreign military occupation[5]. accordance with the charter of the United Nations, of
1970, again states that “alien subjugation, domination
16. This is a restrictive definition which excludes numerous and exploitation are a violation of the principle” [of
groups who would in ordinary language be regarded as self-determination], as well as a denial of fundamental
human rights, and is contrary to the [United Nations] sovereignty – between Tibet and the Chinese Republic
Charter”. which succeeded the Ching dynasty in 1911. In 1912 the
Thirteenth Dalai Lama made a formal declaration of
18. These two United Nations General Assembly Resolu- Tibetan independence. Although the Chinese Republic
tions have been extensively applied. The concept of responded by laying claim to Tibet, it never exercised
alien domination has been treated by the UN as appli- any control over it, save for certain far eastern regions,
cable to the Russian invasion of Afghanistan; the Viet- where there had always been an ill-defined borderland,
namese invasion of Cambodia; the occupation of Arab which it invaded and occupied. Tibet was entirely inde-
territories by Israel; of Estonia, Latvia and Lithuania pendent of foreign control between 1911 and 1950.
by the former Soviet Union; of Grenada by the United
States; of East Timor by Indonesia; and of Kuwait by 24. Even if China’s historical claim was much stronger than
Iraq[6]. It is strongly arguable that the rule that alien it is, this would not provide a justification for invasion
subjugation, domination and exploitation breach a of an independent country. Most countries were at one
people’s right to self-determination now forms part time under alien rule. In 1911 Ireland was under Brit-
of international customary law i.e. international law ish rule as it had been for centuries, Finland was ruled
established not by treaties but by the customs of by Russia, and Korea was ruled by Japan. The setting
nations. up of the United Nations was expressly intended to
prevent the kind of aggressive wars, based on spurious
The history of China’s relations with Tibet or doubtful claims to historical rule or cultural identity,
which had been the practice of both Nazi Germany and
19. China’s present control over Tibet dates from 1950 Imperial Japan.
when the People’s Liberation Army invaded Tibet and
defeated the Tibetan Army at Chamdo. China claims 25. China has frequently attempted to justify the invasion
that Tibet was already part of China when it invaded. by the claim that Tibetan society was feudal and back-
ward, and that China therefore brought liberation to
20. This claim is based on a claim to sovereignty over Tibet the Tibetan peasantry from feudal domination.
by the Ching Imperial dynasty dating from the eigh-
teenth century. More recently China has claimed that 26. Scholars agree that the pre-1950 Tibetan regime was
its rule over Tibet can be traced to the rule of Tibet by feudal and backward[8]. One aspect of its backward-
the Mongols – known in China as the Yuan dynasty. ness was its failure to appoint ambassadors to other
countries or to apply to join the United Nations until
21. There are at least three major historical difficulties with invasion by China was imminent. However this failure
China’s claim. Firstly, as indicated above, it is doubtful was not due to lack of independence but due to the
whether the relationship between the Ching and the absence, in Tibet’s intensely traditional and isolated
Yuan on the one hand, and Tibet on the other,was real- government, of a clear sense of the need for a modern
ly one of sovereign and subject. The Kanghsi Emperor state to maintain relations with other states.
occupied Tibet in 1720. After his death in 1722 this
occupation continued under his successor the Yong- 27. At the risk of stating the obvious, the fact that a country
zheng Emperor until 1728, and there were further Chi- is backward cannot justify invading it. Backwardness
nese invasions in 1750 and 1792. However after the end was often advanced as a justification for nineteenth
of the occupation in 1728, and after each of the later century colonialism, what Kipling called “The White
invasions, the Chinese armies withdrew and Tibet had Man’s burden” when he encouraged the United States
virtually complete independence in practice [7]. to colonise the supposedly backward Philippines. The
fact that China relies on the “backwardness” argu-
22. Secondly, it was never suggested under either dynasty ment[9] to support its occupation of Tibet is a further
that the relationship made Tibet a part of metropolitan indication of a classic colonial occupation.
China. If it was a political relationship at all, it was one
of dependency which translated into modern language China/Tibet relations since 1950
was a colonial relationship. It is therefore a basis for
concluding that Tibet is a colony and so entitled to self- 28. China invaded Tibet on 7 October 1950. On 7 November
determination. 1950 the Tibetan Government appealed for help to the
United Nations but no assistance was forthcoming.
23. Thirdly, and most importantly, there was no relation- Tibetan forces were easily overwhelmed by the much
ship – either similar to that between Tibet and the stronger Chinese forces, with the bulk of the Tibetan
Ching dynasty, or similar to the modern concept of Army being surrounded and surrendering at Chamdo.
29. After the surrender the Chinese Government embarked nese Communist Party and do not function in accor-
on what would now be called a “charm offensive” in dance with concepts of autonomy. In Tibet the new
Tibet. Tibetans were given money by People’s Libera- Chinese authorities insisted on taking all important
tion Army representatives, and encouraged to accept decisions and interfered on an increasing scale with
Chinese occupation on the understanding that their the daily life of Tibetans. In response to the harshness
traditional way of life would be unchanged and that of Chinese rule, the Tibetans rose in revolt in 1958. The
Tibet would enjoy a high degree of autonomy. revolt was easily crushed by China, and in 1959 the
Fourteenth Dalai Lama and some 80,000 other Tibetans
30. In 1951 China and representatives of the Dalai Lama fled into exile in India.
signed the “17 point agreement for the Peaceful Lib-
eration of Tibet”. The drafting phraseology of this 32. The severity of Chinese repression in Tibet since
document shows that someone was looking at it when that date is well-documented [10]. There is severe
drafting Hong Kong’s Basic Law. It provides that “the repression of Tibetan Buddhism, which in 1997 was
Tibetan people have the right of exercising national labelled as a “foreign culture”. Virtually all classes in
regional autonomy under the unified leadership of secondary and higher education in Tibet are taught
the Central People’s Government’(Article 3); that “ the in Chinese not Tibetan, resulting in a high drop-out
Central People’s Government will not alter the existing rate among Tibetans. Urban development has gener-
political system in Tibet”(Article 4), and “will not alter ally benefited Chinese immigrants, large numbers
the established status, functions and powers of the of whom have moved to Tibet and who are now
Dalai Lama”(Article 4). about 12% of the population in the Tibet Administra-
tive Region. Tibetans are routinely detained for long
31. These autonomy provisions were never observed. periods without charge or sentenced to long prison
The Chinese Communist Party ruled Tibet, as it rules sentences for peacefully advocating independence or
China, by way of a centralized party organization maintaining links with the Dalai Lama. Torture and
based on classic communist doctrine, whereby each ill-treatment in detention are widespread. Freedom
organ of government is shadowed by an organ of the of expression is severely restricted. Peaceful political
party. These party organs are accountable to the Chi- demonstrations are invariably broken up and their
participants arrested. Tibetan culture is treated as from the Serbs who form the remaining 10% and the
inferior to Chinese culture, and most key posts in the large majority of the population of Serbia as a whole.
government and the economy are held by Chinese. Kosovo had enjoyed some real autonomy in Yugoslavia
Those few Tibetans who are able to enter Chinese but in the 1990s this was progressively reduced. In 1996
government service do so at the cost of alienation guerilla warfare broke out as Albanians rose in revolt
from their own people and culture. Tibet’s environ- against Serbian rule. In 1999 as a result of a NATO air
ment and natural resources are ruthlessly exploited campaign against Serbia, the Serbian Army withdrew
in the interests of China. Overall the situation bears from Kosovo and a United Nations administration was
marked similarities in all these respects to the situa- set up. Following a recommendation from the United
tion of Algeria under the French or of Uzbekistan and Nations Special Representative, Martti Ahtisaari, a plan
Kirgizstan under Soviet Russian rule. was devised for Kosovo’s independence, which was bit-
terly opposed by Serbia. Kosovo nevertheless declared
The case for self-determination independence on 17 February 2008. This has so far been
recognized by 38 countries, including all of the Group
33. No-one disputes that the Tibetans are a distinct people of Seven industrialized countries. It has not been rec-
with their own language and culture, who form a large ognized by countries such as Russia, China and Spain
majority of the population of Tibet. They do not control which face their own separatist issues (although it has
their own destiny. Tibet is controlled by the Chinese been recognized by Turkey).
Government by means of military occupation for the
benefit of the Chinese state. Tibet is a country under 36. The recognition of Kosovo would seem to extend the
foreign military occupation, and its people are subject right of self-determination beyond the traditional colo-
to “alien subjugation, domination and exploitation” nial or foreign occupation situation. Kosovo was never
within the meaning of the UN Resolutions on Colonial a colony, and the Serbian Army had withdrawn long
Peoples and on Friendly Relations. before the independence issue was determined. The
only coherent legal basis for recognizing the exercise
34. The severity of the repression the Tibetans have under- of self-determination by the Kosovo people in the form
gone at China’s hands, combined with the threadbare of an independent state is that, prior to that indepen-
dence, while under Serbian rule, the Kosovar Albanians
were subject to “alien subjugation, domination and
exploitation”.
35. Tibet’s status has been given renewed topicality by 39. Self-determination need not mean independence. In
the recent independence of Kosovo. Kosovo was an many situations, autonomy within a larger nation state
autonomous region of Serbia dating from when Serbia offers the best of both worlds, combining the benefits
was a state within Federal Yugoslavia. About 90% of of being part of a large state in terms of defence, for-
its population are ethnically Albanian, and so distinct eign relations and economic opportunity, with preser-
The Charms of
T
his small port on central Vietnam’s Thu Bon private courtyards, backyard docks, balconies and lattice-
River began attracting big money in the 15th carved windows. Foreigners also built pagodas, temples,
century, when East Asia’s ships came to trade shrines and a legendary Japanese bridge.
and procure fresh supplies. By the 17th and 18th centu- Their opulent lifestyle, however, collapsed more than
ries, Hoi An was booming, luring British, French, Dutch, 100 years ago, when bigger and better port facilities
Portuguese, Chinese, Thai and Japanese vessels. opened in nearby deep-water Danang. Tiny Hoi An began
International merchants erected expensive, teak wood decaying.
homes graced with mother-of-pearl panels, porcelain, Its illustrious architecture suffered a lack of mainte-
nance against seasonal typhoons, relentless heat, fun- “Hoi An attracts older [foreign] people too, and cou-
gus-friendly humidity and poverty. ples, because it’s a very romantic city, so there’s not that
Danang became a major US military base after bar girl thing you get in other cities in Vietnam.”
American troops splashed ashore in 1965 at the start of Hoi An’s renaissance could falter if the global
America’s failed 10-year crusade to crush communism economy slumps. “When the tourists stop coming, the
in Vietnam. But Hoi An was never seriously damaged locals are screwed. Like the bitch-goddess, ‘success’,
during the war, despite its proximity. ‘tourism’ is a fickle thing,” Krist said. “The town is one
In the early 1990s, Vietnam allowed foreign tourists [major] bird flu scare away from emptying out.”
to return to Hoi An. Since then, the town has emerged Many of Hoi An’s more than 60,000 residents have
from ruin and is increasingly being regarded as an ele- profited from the influx of tourists. Others complain
gant, romantic destination. that the swarms of visitors have fuelled inflation. Prices
“South of Hanoi, it’s probably the most visited city by of food, services and real estate have soared as investors
Lonely Planet readers travelling in Vietnam,” said Josh build more hotels, restaurants and other facilities.
Krist, who recently stayed in Hoi An to update the Vietnam Hoi An’s original main street, Le Loi, forms a charm-
chapter of Lonely Planet’s Southeast Asia on a Shoestring ing vein through cramped neighbourhoods lined with
guidebook. “There’s something about walking through the quaint but surprisingly hip cafes alongside traditional
old city when it’s lit up at night, with the bars in restored restaurants. Dogs occasionally wander through some
antique houses,” he said in an e-mail interview. of Le Loi’s restaurants, which serve a delicious tradi-
Professional Contacts
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movie stills L
Then
Now
A
s director of the Media Law to Information with more effective
Project at the Journalism FOI laws in other jurisdictions, not-
and Media Studies Centre ing that journalists can’t use a judi-
at the University of Hong Kong, a cial review to force the Hong Kong
former prosecutor and former city government to reveal information.
editor of The New York Times, Doreen Weisenhaus also observes that our
Weisenhaus knows something about lack of FOI laws often forces journal-
courtrooms and newsrooms. With ists to rely on anonymous sources,
contributors Jill Cottrell of HKU and resulting in stories that are distorted
Yan Mei Ning of Baptist University, or incomplete.
Weisenhaus has used that expertise The Hong Kong government plays
to write an accessible guide to media a central role in Hong Kong Media
law in Hong Kong and China. Law, both as a source of information
Hong Kong Media Law begins with for journalists and because of its
an introduction to fundamental con- fondness for closed-door proceed-
cepts such as common law and then ings. Weisenhaus and her contribu-
outlines Hong Kong’s Basic Law and tors devote considerable space to
describes the structure and opera- explaining the structure and oper-
tion of the courts. This is followed ations of government bodies and
by chapters on defamation, court departments. They don’t sugarcoat
reporting, access to information, the government’s weaknesses and
privacy, official secrets, restrictions shortcomings.
on news gathering, reporting on the On the other side of the coin,
mainland, copyright, print and online the account of stories published in
regulation and broadcast regulations. December 1997 and January 1998 in
Several chapters include checklists the Oriental Daily News — in which
for journalists and the book ends Hong Kong judges and members of
with excerpts from key Hong Kong the Obscene Articles Tribunal were
statutes and other useful reference described as suffering from syphilis,
materials. There is also scabies and congeni-
a website, http://hong- tal mental retardation
k o n g m e d i a l a w. n e t , − make for interesting
which includes regular Hong Kong Media Law reading. This episode
updates to the cases and others in the book
described in the book.
includes guidelines to highlight the need for
In addition to laws that protect the
addressing contempo-
help journalists who rights of both journal-
rary legal issues such have been arrested ists and society as a
as digital broadcasting, whole.
Weisenhaus explains on the mainland Perhaps Hong Kong
how our current media Media Law’s most
laws evolved, pointing make sense of their interesting chapter is
out, for example, that the about China’s media
first freedom of infor- predicament. laws and the pitfalls
mation (FOI) law was facing journalists
David Roads:
Soldier and Scribe
(1921-2008)
D
avid Roads, the longest serving member of
the FCC, passed away on May 21 aged 86.
He was a marine, a journalist, an FCC Presi-
dent and a very long-time resident of Hong Kong.
Although not of the 1943 founding generation of
journos (as has been repeatedly misstated), David
was a member since before the famous mansion
on Conduit Road was our home, and probably
was as responsible for moving the Club into those
premises as anyone else. never-needed invasion of Japan.
There are two ways younger members might At war’s end, David landed in Tientsin (Tian-
have encountered David around Ice House Street, jin) and with his unit headed north to disarm
both of which showed the respect the man was Japanese Imperial Army soldiers in Manchuria.
due. Some would have seen his picture on the It was at this time that he wrote the first-ever
stairwell wall, with the warning that “Iron Man” report (a copy of which was seen by Mark Bayuk)
Roads was taking over as president. Others, myself of atrocities committed near Harbin against civil-
included, would recall a near-whispered, “Him? ians by what was later identified as Unit 731. The
That’s David Roads; he’s number 003.” report, however, didn’t officially surface until
David was one of the last of the legendary decades later.
single-digit men, old-timers who were around David’s first great scoop was thus spiked, but
when the Club was re-established in Hong Kong his interest in Asia was just warming up. After
and someone said they ought to keep better track being discharged in 1946, he earned a journalism
of who was let in the door (more likely, who hadn’t degree at the University of Denver, before return-
paid their bar bill). As a board member, David was ing to Asia as correspondent for the New York Her-
third in line when the membership numbers were ald Tribune. He went on become Far East editor of
assigned well over half a century ago. Over the the Encyclopaedia Britannica, editor and publisher
years, the man became living, walking FCC his- of Modern Asia business magazine, television mod-
tory. erator on Meet the Press and a news commentator
David was born in Pawnee, Nebraska, in 1921, with CBS television.
about three months after the founding of the After working for the Associated Press, David
Chinese Communist Party and well before that took a post with the Hong Kong Government’s new
other famous Nebraska product, Kool-aid, saw Overseas Public Relations Section, where he and
the light of day in 1927. He grew up in Denver, current Labour Commissioner Matthew Cheung
Colorado and got his first taste of journalism shared responsibility for the results. David was
on the high school newspaper. In late 1941, and also responsible (being FCC President at the time)
like most of his generation, David enlisted in the for the membership of one Peter PF Chan. Peter, a
armed forces. former Board Governor, has the distinction of hav-
Life Absent Member Mark Bayuk relates the ing won an appeal on behalf of the Club against
story of David’s World War II service with the US the Inland Revenue, thus earning a rare honorary
Marines 29th Regiment, 6th Division. The unit membership.
fought its way across the Pacific, through islands A regular attendee at ceremonies honouring
later made famous by Hollywood including Gua- fallen servicemen, and well known as the oldest
dalcanal, Saipan and Guam. It was at Okinawa marine in town to the US Consulate guards and
that David was wounded by a grenade, and evacu- staff, David is survived by his wife of 51 years,
ated. If circumstances had turned out different, he Pacita Francisco Roads.
would have recovered just about in time for the – David O’Rear
A
lan Thomas, who died sud- from Asia’s communist capitals. He got the
denly in April, worked for Reu- His versatility meant he moved on
ters from university to retire- to other roles ... Chief Representative ...
best from the
ment and in those 32 years earned the Staff Executive ... and as News Editor, correspondent
admiration and affection of everyone in Hong Kong, London and the Middle in the field
fortunate enough to be counted a col- East, and during those assignments he
league. touched so many colleagues’ working because he
He was a lovely, modest man, whose lives. In an era when a well-drafted was fair, set
integrity you sensed in an instant; “service message” − a request from
whose humanity was palpable and Head Office for coverage, a tip-off on
standards, and
whose gently-expressed but sharply- how the competition was faring, an showed an
aimed humour would hush a bar full admonition of some sort − was the
appreciation
of friends anxious to tune in to his lifeblood of editorial operations, Alan
Welsh-toned wit. was a master. He was meticulous, that never
He joined Reuters as a graduate delicately insistent but always aware bordered on the
journalist in 1965. After establishing of the difficulties facing the frontline
his credentials on a trainee assign- journalist. patronising
ment in Singapore, Alan had a series He got the best from the corre-
of testing postings; first to Moscow spondent in the field because he was
(deciphering the Cold War politics of fair, set standards, and showed an
the Soviet Union), then to Tanzania appreciation that never bordered on
(African border conflicts and coups) the patronising. And he was fun to be
and later Hong Kong (then Reuters’ with when you next met at the Hong
listening post for a region stretching Kong Foreign Correspondents’ Club
from Hanoi to Pyongyang and Beijing or some other journalists’ watering
− or Peking as it was known in the hole.
1970s). He and Mary had more tragedy
His Cantonese secretary there than any couple could expect. First
had her own way of showing her their younger son, Luke, died while at
loyalty to him. “I’m pleased to meet university and then only a few years
you but you’re not as handsome as later, James, the older, also died. In
Alan,” was the greeting for more than their anguish, Alan and Mary found
one of us. some extraordinary strength. While
Alan, his wife Mary and two sons friends would rage at the injustice of
lived in the most enviable address in two great parents suffering so much,
Hong Kong − the aptly-named Peak they reminded them how lucky they
House. The highest-placed, and one had been to have their sons, even for
of the oldest buildings on the island, such a short time.
it was chosen by Reuters because it An apparently healthy 65, Alan
was the best location to set up the died without warning at his home
aerials and receivers then needed to in the Cornish seaside village of Pol-
monitor a largely secretive region’s ruan. We pray it will be some comfort
radio stations and news agencies. On for Mary that so many friends and
mist-shrouded nights as you walked colleagues share her grief. He was a
Peak House’s draughty corridors you lovely bloke.
could hear the radio traffic coming in – David Rogers
HUGH VAN ES
Richard Hughes Jr. and his daughter Beijing-based members Angelica Cheung and Mark Graham and year-
Christa performed at Bert’s as part old daughter Hayley joined a gang of familiar FCC suspects for beers at
of an Australian TV documentary on Shek O. Pictured are Ewen Campbell, Teri Fitsell and son Hamish; Jon
the life of legendary correspondent, Marsh, wife Annie Park and daughters Michelle and Isabelle. At the
Richard Hughes. centre of the picture is sports PR guru Simon Wait and partner Cat Tang.
WWW.THOMASCRAMPTON.COM
What members
get up to when
Past Perfect
away from the
Club
F
BOB DAVIS
CC member Anne- dong for three days, how
marie Evans celebrat- they lost their property in
ed 10 years of host- the revolution”.
ing the popular Hong Kong Or there’s the museum
Heritage programme on curator, Terence Ng, who
RTHK in June with a party confessed to a passion for
at the Club. karaoke of Roman Tam,
She was modestly sur- and so burst into song. She
prised that so many of Hong has also been the lucky
Kong’s great and good were recipient of the immortal
willing to come and toast line: “Meet me on my tug-
her, and her programme. boat”.
She shouldn’t be. Evans, a Masters gradu-
At the party was Berry ate in European studies,
Silverio Yaneza, 81, trum- fluent in German, turned
peter with the Colin Aitchi- up in Hong Kong 15 years
son and the China Coast ago.
Jazzmen band, which plays Born in Romsey, south-
every night at Ned Kelly’s ern England, she had two
Last Stand. Indeed, he friends who didn’t know
brought the whole band. one another who hap-
Yaneza has been playing in pened to live here. “So I
Hong Kong since 1949. Prior came here and loved it.”
to that he was entertaining She’d never been to
the US forces and flew over Hiroshima from the now defunct Eastern Express. Asia before. “When I actually flew
shortly after the bomb was dropped. Early teething problems – she learned into Hong Kong I remember looking
Alongside senior RTHK figures, top the hard way of the penalties for at these buildings and thinking gosh,
tycoons and a couple of knights of turning off her mobile phone − were they don’t do a very good paint job do
the realm, Evans was also attended quickly overcome and she’s never they, then realising that that was the
by Reverend Peter Ellis, chaplain to looked back. Today, in addition to her humidity.”
the Mission to Seafarers, Imam Yeung radio work, she writes for the South She kept a diary for her first 18
of the Wan Chai Mosque, and Father China Morning Post. months, tracking her eye-opening
Harold Naylor of Wah Yan College. Laughter infects most conversa- experiences day by day.
The same modesty crops up when tions with Evans. It has helped her “As you begin to uncover things,
the engaged and professional inter- connect to people as varied as the there’s so much more that is there.
viewer Ms Evans has the tables turned Hakka villager who explained how he You have this whole variety of experi-
and becomes the interviewee. keeps the light shining on his ances- ences in a very, very confined space. I
It emerges that Evans lived in a tors’ altar to former prisoners of war; think Hong Kong is very rich from that
Hakka village for five years, and spent from Shanghai-born beauty Anne perspective.”
her first years in Hong Kong lodging Marden to the late David Lam, a war- While Evans has learned a lot here,
with a Chinese family. time underground resistance leader. so too have Hong Kong people.
“They used to watch television in And even a bunch of macaques. “You don’t have to explain the
the living room and the mother and “There was one taxi driver, and it’s word heritage any more, in any lan-
elder daughter would be sitting at the interesting how many people have guage. People are really into the idea
button machine, so as well as their referred back to that, even years later, of preserving what’s around them.
jobs during the day, they would make saying, ‘Oh I did enjoy that interview’. There has been a sea change in that
buttons in the evening,” she recalled. He was telling me how as a three- many, many more Hong Kongers are
Her introduction to journalism − year old he was carried on his father’s regarding Hong Kong as their home,
her “epiphany” she calls it – came shoulders from Hong Kong to Guang- as I do.”