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#Post#: 12286--------------------------------------------------
Re: Legal decolonization
By: 90sRetroFan Date: March 26, 2022, 3:11 am
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This area of decolonization is gradually receiving more
attention:
HTML https://www.msn.com/en-us/news/world/opinions-colonial-legacies-endure-in-africas-legal-systems-%e2%80%94-undermining-rule-of-law/ar-AAVe4ok
[quote]Recently there was a huge controversy in Zimbabwe over
the alleged purchase of British horsehair wigs for Zimbabwean
judges. Given the financial challenges faced by ordinary
Zimbabweans, it was not surprising that the issue manifested in
a larger debate over government financial mismanagement and its
failure to provide adequate legal services for regular citizens.
More poignantly, in the larger African context the debate was
also about the continued influence of European metropoles over
their former African colonies in many aspects of life. That the
Zimbabwean judges needed to purchase British horsehair wigs —
which are no longer required even in many British legal contexts
— is a telling relic of the colonial legacy foisted by Britain
on its African colonies. Not only must Zimbabweans pay Britain
for the wigs, but they do so to fuel a legal system rooted in
the colonial era, when Britain systematically created and
maintained legal systems, constitutions and other institutions
patterned after its own. While in recent decades those
colonial-era legal systems and institutions are being replaced
by many African nations, they continue to hold such influence
that a formerly colonized African nation’s adherence to the
“rule of law” cannot be evaluated without considering the impact
of its subjugated past.
As Britain established its colonial rule in Africa, it brought
with it ideas about the rule of law, with the two becoming
inseparable.
In 1844, the legal system in what was then the Gold Coast colony
became attached to the British legal system. Before 1821 several
European powers held claims in this region and established
commercial settlements and forts to facilitate the
trans-Atlantic enslaved person trade. The British consolidated
control gradually over the 19th century. Local groups gradually
submitted to British “protection” in an ongoing conflict with
the Asante state to the north. Finally in 1844, some Indigenous
Ghanaian chiefdoms accepted British sovereignty over them in
exchange for protection from their warring neighbors. While
conceding to British sovereignty, the chiefdoms also agreed to
the British adjudicating serious crimes and to a long-term plan
of adapting their customs and practices in conformity with
British law.
When the British formally colonized the chiefdoms, they agreed
to accept Indigenous law as part of the dual legal system. But
they also added “repugnancy clauses” that excluded aspects of
the Ghanaian customs or cultures that the British considered
“appalling,” “ridiculous” or “unhelpful to maintaining Christian
ideals.”
Hence, during the colonial era, customary Ghanaian courts led by
Indigenous judges were allowed to adjudicate matters deemed to
be part of the Indigenous customs on issues such as marriage and
inheritance. But besides being subject to the repugnancy
clauses, the legal system’s ultimate decision-maker, the supreme
court, had a British official at the helm.
This system endured and became even more complete after the
British consolidated rule over the entire Gold Coast territory
by the turn of the 20th century. The British metropole
introduced the 1925 constitution that empowered it to legally
rule over Ghanaians as well as control the colony’s financial
interests, including Ghana’s vast gold deposits and cocoa, which
during that era was fast becoming a global cash crop.
Notwithstanding the British introduction of new constitutions in
1946 and 1954 to appease Ghanaians by granting them some
legislative powers, the metropole retained full powers over the
colony’s legal systems, police and defense systems, and external
affairs.
The metropole specifically created the police force in 1876 to
protect the railways and gold mines, which generated significant
financial benefits to it. While the colonial government tasked
police with generally maintaining order, their primary
responsibility was to protect Britain’s property interests and
the colonialists’ personal safety. Policing was used as part of
the empire’s tools for the larger commercial enterprise of
colonization, to maximally generate funds for the mother nation
and minimize its costs.
Eventually as the nationalist movement gained power, Ghanaians
demanded full independence, which they achieved in 1957.
And yet, many parts of the colonial legal system endured.
Like other former British African colonies, Ghana has a
pluralist legal system that includes the British common law,
customary law and religious law. The current Ghanaian
constitution, established in 1992, specifically identifies that
the “common law of Ghana shall comprise the rules of law
generally known as the common law, the rules generally known as
the doctrines of equity and the rules of customary law including
those determined by the Superior Court of Judicature.”
Notably, Ghanaian legislators eliminated the repugnancy clauses
right after independence between 1958 and 1960, because they
were insulted that their own laws were somehow “repugnant.” Even
so many provisions of Ghana’s criminal code and supreme court
decisions closely tracked British law and influenced judicial
administration in a post-colonial Ghana. For example, Ghana’s
current Criminal Code specifically criminalizes consensual
same-sex sexual acts between males. This law is a relic of
British colonial era when the metropole transported its
anti-sodomy laws to its colonies.
Until 1993, Ghana utilized the British-created magistrate and
circuit courts to administer its judicial system. With the 1993
Courts Act, Ghana finally created regional, circuit and
community tribunals that replaced the British-instituted courts
and were placed under the Judicial Service headed by Ghana’s
chief justice.
Some legal commentators note that despite relatively recent
changes to the Ghanaian constitution and its overall legal
systems, the influence of the British colonial order persists
even in the current constitution, evident by the subordination
of customary law — “the rules of law which by custom are
applicable to particular communities in Ghana” — to other
sources of law. Customary courts have jurisdiction on issues
such as marriage, divorce, child custody and guardianship. For
example, a customary court may determine alimony and other
marital benefits.
Besides the colonial legacy shaping Ghana’s legal system and
constitution, colonial relics can also be discerned in other
institutional structures driving the rule of law in today’s
Ghana. For example, successive Ghanaian political and ruling
classes since 1957 have used the police as their tool to oppress
ordinary Ghanaians. For instance, the first Ghanaian president,
Kwame Nkrumah, used the police to spy on his political
opponents, and the police leadership was actively involved in
the military coup that toppled Nkrumah in 1966.
Various constitutions introduced by successive post-independent
Ghanaian governments retained the British Westminster-style
government structure until the 1979 constitution, which adopted
the U.S. presidential-style government. And similar colonial-era
legacies and influences can easily be identified in other
Ghanaian institutions such as the military (which was also
established by the British) and the judiciary.
Similar to Zimbabwean judges’ tradition of wearing British
horsehair wigs and judicial robes, Ghanaian lawyers and judges
engage in the same behavior of wearing British-styled wigs and
robes despite disdain and indignation by the general public who
consider it a relic of a painful colonial past.
Ghana is not the only African nation struggling to rid itself of
its colonial legacies. Kenyans are having the same conversation
about the continued influence of the colonial past. They are
questioning local governmental laws that prohibit making noise
on the streets, committing acts deemed contrary to public
decency, washing or repairing vehicles in non-designated areas,
and loitering at night, all traceable to laws instituted during
the colonial era. The #EndSARS movement against dismantling the
SARS (Special Anti-Robbery Squad) unit of the Nigerian police
was in large part a protest of overall police brutality common
in Nigeria since the institution was created during the colonial
era. And in my recent book on the rule of law, I systematically
show how colonial legacy continues to manifest in five
British-colonized nations (Ghana, Kenya, Nigeria, South Africa
and Zimbabwe) and how it undermines each nation’s adherence to
the rule of law.
While the leaders and people of African countries have gradually
made changes to these institutional structures to limit the
influence of colonial legacies, many ordinary African citizens
are still suffering colonialization’s ill effects when subjected
to contexts involving the rule of law.[/quote]
Those who prefer living under British law should emigrate to
Britain. It is that simple.
#Post#: 12390--------------------------------------------------
Re: Legal decolonization
By: 90sRetroFan Date: March 31, 2022, 3:04 am
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They should have been hanged as the colonialists they are
instead of being allowed to resign:
HTML https://www.yahoo.com/news/uk-judges-quit-hong-kong-082839506.html
[quote]LONDON/HONG KONG (Reuters) - Two senior British judges,
including the president of the UK Supreme Court, resigned from
Hong Kong's highest court on Wednesday because of a sweeping
national security law imposed by China cracking down on dissent
in the former British colony.
Robert Reed, who heads Britain's top judicial body, said that he
and colleague Patrick Hodge would relinquish their roles with
immediate effect as non-permanent judges on the Hong Kong Court
of Final Appeal (CFA).
...
Local lawyers said the resignations would likely put pressure on
the 10 other foreign Court of Final Appeal judges to quit. Six
of these are British.
Those judges, also from Canada and Australia, are mostly retired
senior jurists in their home countries, unlike Reed and Hodge,
who were still serving.
Two other foreign judges, Britain's Brenda Hale and Australia's
James Spigelman, have also stepped down from the city's highest
court since 2020.[/quote]
Yet many remain psychologically colonized:
[quote]"It is a big blow to the local fraternity and the grand
tradition of Hong Kong's rule of law," one veteran barrister
told Reuters. "For all the pressures ahead, we really needed
them and I fear what comes next."
In a statement on Wednesday, Hong Kong Law Society president
Chan Chak Ming urged Reed and Hodge to reconsider their moves,
expressing "deep regret" and saying that the decision
"disappointingly falls short" of the support among the public
and legal community for the continued role of overseas
judges.[/quote]
If there existed genuine benefits to having overseas judges,
Britain would also invite judges from China to sit on courts in
Britain. It doesn't.
#Post#: 12463--------------------------------------------------
Re: Legal decolonization
By: rp Date: April 3, 2022, 8:45 am
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On the issue of the court system, I am in favor of abolishing
the state court system and replacing it with the Federal court
system. I believe this could help us gain control over states
with rightist judges/courts. In addition, this would also
strengthen autocracy, as federal judges are appointed (albeit by
a democratically elected president, but in the future that
shouldn't be a problem due to demographic blue shift), in
contrast to state judges, most of whom are elected (by rightist
untermensch/Atlantic Gentiles, I might add).
Remember, it took the federal government to stamp out the
segregationism of the individual states. What do you think?
#Post#: 13422--------------------------------------------------
Legal Decolonization
By: rp Date: May 18, 2022, 2:24 am
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This is worrying our enemies:
Why the Left Could Push For a National Police Force
HTML https://www.texaspolicy.com/why-the-left-could-push-for-a-national-police-force/
I'm all for a Gestsapo style secret police force hunting down
barbarians and executing them on the spot.
#Post#: 13424--------------------------------------------------
Re: Legal decolonization
By: rp Date: May 18, 2022, 11:47 am
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If only!:
HTML https://twitter.com/JacobHeaton96/status/1423318822040178689
[quote]Democrats don’t want to defund the police, they want to
nationalize the Capitol police and turn them into a Nazi style
SS.
[/quote]
#Post#: 13434--------------------------------------------------
Re: Legal decolonization
By: 90sRetroFan Date: May 18, 2022, 8:52 pm
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If we look at the history of policing in ancient non-Western
civilizations:
HTML https://en.wikipedia.org/wiki/Police#History
[quote]China
Law enforcement in ancient China was carried out by "prefects"
for thousands of years since it developed in both the Chu and
Jin kingdoms of the Spring and Autumn period. In Jin, dozens of
prefects were spread across the state, each having limited
authority and employment period. They were appointed by local
magistrates, who reported to higher authorities such as
governors, who in turn were appointed by the emperor, and they
oversaw the civil administration of their "prefecture", or
jurisdiction. Under each prefect were "subprefects" who helped
collectively with law enforcement in the area. Some prefects
were responsible for handling investigations, much like modern
police detectives. Prefects could also be women.[13] Local
citizens could report minor judicial offenses against them such
as robberies at a local prefectural office. The concept of the
"prefecture system" spread to other cultures such as Korea and
Japan.
Babylonia
In Babylonia, law enforcement tasks were initially entrusted to
individuals with military backgrounds or imperial magnates
during the Old Babylonian period, but eventually, law
enforcement was delegated to officers known as paqūdus, who
were present in both cities and rural settlements. A paqūdu
was responsible for investigating petty crimes and carrying out
arrests.[14][15]
Egypt
In ancient Egypt evidence of law enforcement exists as far back
as the Old Kingdom period. There are records of an office known
as "Judge Commandant of the Police" dating to the fourth
dynasty.[16] During the fifth dynasty at the end of the Old
Kingdom period, officers armed with wooden sticks were tasked
with guarding public places such as markets, temples, and parks,
and apprehending criminals. They are known to have made use of
trained monkeys, baboons, and dogs in guard duties and catching
criminals. After the Old Kingdom collapsed, ushering in the
First Intermediate Period, it is thought that the same model
applied. During this period, Bedouins were hired to guard the
borders and protect trade caravans. During the Middle Kingdom
period, a professional police force was created with a specific
focus on enforcing the law, as opposed to the previous informal
arrangement of using warriors as police. The police force was
further reformed during the New Kingdom period. Police officers
served as interrogators, prosecutors, and court bailiffs, and
were responsible for administering punishments handed down by
judges.
...
India
Law enforcement systems existed in the various kingdoms and
empires of ancient India. The Apastamba Dharmasutra prescribes
that kings should appoint officers and subordinates in the towns
and villages to protect their subjects from crime. Various
inscriptions and literature from ancient India suggest that a
variety of roles existed for law enforcement officials such as
those of a constable, thief catcher, watchman, and
detective.[23] In ancient India up to medieval and early modern
times, kotwals were in charge of local law enforcement.[24]
Persian Empire
The Persian Empire had well-organized police forces. A police
force existed in every place of importance. In the cities, each
ward was under the command of a Superintendent of Police, known
as a Kuipan, who was expected to command implicit obedience in
his subordinates. Police officers also acted as prosecutors and
carried out punishments imposed by the courts. They were
required to know the court procedure for prosecuting cases and
advancing accusations.[25]
...
The Americas
Pre-Columbian civilizations in the Americas also had organized
law enforcement. The city-states of the Maya civilization had
constables known as tupils, as well as bailiffs.[29] In the
Aztec Empire, judges had officers serving under them who were
empowered to perform arrests, even of dignitaries.[30] In the
Inca Empire, officials called curaca enforced the law among the
households they were assigned to oversee, with inspectors known
as tokoyrikoq (lit. 'he who sees all') also stationed
throughout the provinces to keep order.[31][32][/quote]
a common feature is a top-down approach. In contrast:
[quote]The English system of maintaining public order since the
Norman conquest was a private system of tithings known as the
mutual pledge system. This system was introduced under Alfred
the Great. Communities were divided into groups of ten families
called tithings, each of which was overseen by a chief
tithingman. Every household head was responsible for the good
behavior of his own family and the good behavior of other
members of his tithing. Every male aged 12 and over was required
to participate in a tithing. Members of tithings were
responsible for raising "hue and cry" upon witnessing or
learning of a crime, and the men of his tithing were responsible
for capturing the criminal.
...
Following the Norman conquest of England in 1066, the tithing
system was tightened with the frankpledge system. By the end of
the 13th century, the office of constable developed. Constables
had the same responsibilities as chief tithingmen and
additionally as royal officers. The constable was elected by his
parish every year.
...
From about 1500, private watchmen were funded by private
individuals and organisations to carry out police functions.
They were later nicknamed 'Charlies', probably after the
reigning monarch King Charles II. Thief-takers were also
rewarded for catching thieves and returning the stolen property.
They were private individuals usually hired by crime victims.
...
Up to the early 18th century, the level of state involvement in
law enforcement in Britain was low. Although some law
enforcement officials existed in the form of constables and
watchmen, there was no organized police force.
...
Law enforcement was mostly up to the private citizens, who had
the right and duty to prosecute crimes in which they were
involved or in which they were not.
...
Thief-takers became infamously known not so much for what they
were supposed to do, catching real criminals and prosecuting
them, as for "setting themselves up as intermediaries between
victims and their attackers, extracting payments for the return
of stolen goods and using the threat of prosecution to keep
offenders in thrall". Some of them, such as Jonathan Wild,
became infamous at the time for staging robberies in order to
receive the reward.[46][47][/quote]
Thus the rightist feeling as presented in the article you linked
to:
[quote]Policing is best accomplished as a uniquely local
endeavor. The police are a part of the communities they serve,
and centralizing them in Washington would change that for the
worse.[/quote]
is in line with the latter approach.
#Post#: 13437--------------------------------------------------
Re: Legal decolonization
By: rp Date: May 18, 2022, 10:40 pm
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We see the contrast in the (non-Western) autocratic approach
versus the (Western) democratic approach.
#Post#: 13941--------------------------------------------------
Re: Legal decolonization
By: 90sRetroFan Date: June 8, 2022, 8:15 pm
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This is what decolonization is about:
HTML https://www.yahoo.com/news/taliban-detain-afghan-fashion-model-120330348.html
[quote]ISLAMABAD (AP) — The Taliban have arrested a well-known
Afghan fashion model and three of his colleagues, accusing them
of disrespecting Islam and the Quran, the Muslim holy book,
according to videos released by Afghanistan's new rulers.
Ajmal Haqiqi — known for his fashion shows, YouTube clips and
modeling events — appeared handcuffed in videos posted on
Twitter by the Taliban intelligence agency on Tuesday.
In one widely circulated and contentious video, Haqiqi is seen
laughing as his colleague Ghulam Sakhi — who is known to have a
speech impediment that he uses for humor — recites verses of the
Quran in Arabic, in a comical voice.[/quote]
This is Haqiqi:
[img]
HTML https://scontent.fhkg4-1.fna.fbcdn.net/v/t1.6435-9/142926542_100958718688273_7743388172018750314_n.jpg?_nc_cat=100&ccb=1-7&_nc_sid=973b4a&_nc_ohc=3XUIXweiLZAAX9TksQp&_nc_ht=scontent.fhkg4-1.fna&oh=00_AT8AoBevHbr7XI4CU7SVt2KlgV6KrZYNi4MedZ2Hcq0nHQ&oe=62C50B9C[/img]
[quote]Later Wednesday, Amnesty International released a
statement, urging the Taliban to “immediately and
unconditionally” release Haqiqi and his colleagues.[/quote]
No, cut off their tongues one slice at a time!
#Post#: 14181--------------------------------------------------
Re: Monetary Wealth
By: rp Date: June 19, 2022, 2:44 pm
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[quote author=90sRetroFan link=topic=52.msg3577#msg3577
date=1611467612]
Bankruptcy:
HTML https://en.wikipedia.org/wiki/Bankruptcy
[quote]Bankruptcy is a legal process through which people or
other entities who cannot repay debts to creditors may seek
relief from some or all of their debts. In most jurisdictions,
bankruptcy is imposed by a court order, often initiated by the
debtor.[/quote]
is another Western institution spread around the world during
the colonial era that has been thoughtlessly continued, but
which we need to get rid of. It is an institution that favours
people who take risks with money, since if it goes well they
keep the profits, but if it goes badly they are insulated from
the consequences:
HTML https://pbs.twimg.com/media/EjMDhBAXgAIjq35.jpg
It is strategically sensible for capitalism to support
bankruptcy as capitalism wants more people to take risks with
money (so that some succeed). By eliminating bankruptcy, we
would also weaken capitalism as a whole, as people would become
more cautious with money.
So where does bankruptcy come from?
HTML https://en.wikipedia.org/wiki/History_of_bankruptcy_law
[quote]In Judaism and the Torah, or Old Testament, every seventh
year is decreed by Mosaic Law as a Sabbatical year wherein the
release of all debts that are owed by members of the Jewish
community is mandated, but not of "gentiles".[1] The seventh
Sabbatical year, or forty-ninth year, is then followed by
another Sabbatical year known as the Year of Jubilee wherein the
release of all debts is mandated, for fellow community members
and foreigners alike, and the release of all debt-slaves is also
mandated.[2] The Year of Jubilee is announced in advance on the
Day of Atonement, or the tenth day of the seventh Biblical
month, in the forty-ninth year by the blowing of trumpets
throughout the land of Israel.[/quote]
HTML https://en.wikipedia.org/wiki/Bankruptcy_Act_1705
[quote]Under the Act, the Lord Chancellor was given power to
discharge bankrupts, once disclosure of all assets and various
procedures had been fulfilled.
Discharge from debt was introduced for those who cooperated with
creditors.[/quote]
[/quote]
I heard from that in some non-Western countries, borrowers would
commit suicide out of honor if they defaulted on their loans. It
seems that this honor based code has all but vanished now, with
the predominance of guiltless Western culture.
#Post#: 14207--------------------------------------------------
Re: Legal decolonization
By: 90sRetroFan Date: June 20, 2022, 2:30 am
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Excellent!
HTML https://finance.yahoo.com/news/hong-kong-lawyers-next-target-210000651.html
[quote](Bloomberg) -- Veteran human rights lawyer Michael Vidler
decided it was too dangerous to work in Hong Kong the moment a
judge designated to handle national security law cases implied
offering legal support to democracy activists could be a crime.
...
“It was deeply disturbing for me as a lawyer to be, in essence,
accused of inciting a crime because a potential client had a
piece of paper on him which listed my firm as a source of legal
advice and assistance,” said Vidler, who previously defended
now-jailed democracy activist Joshua Wong and won a landmark
appeal that recognized spousal visas for same sex couples.
...
Vidler left Hong Kong in May after almost two decades working in
the former British colony, and closed his law firm shortly
after. His experience reflects growing concern that Hong Kong’s
rule of law, for decades a foundational pillar of its standing
as an international financial center, is becoming more
influenced by the mainland where the Communist Party controls
the courts.[/quote]
Now will someone track down this Western colonialist and finish
him off?
[quote]Authorities have ramped up pressure on lawyers who’ve
defended some of the 10,000 protesters arrested during the 2019
unrest. Prominent barrister Margaret Ng was arrested over her
work with a fund providing financial aid to activists, with
police reporting other lawyers to their professional bodies for
misconduct unearthed in that investigation. She has denied the
charges and a court hearing is set for Sept. 19.
Former Hong Kong Bar Association chief and human rights lawyer
Paul Harris left the city in March after being questioned by
national security police.[/quote]
And hopefully the same for this Western colonialist?
[quote]“Any degradation of Hong Kong’s strong rule-of-law
tradition by hollowing out rule-of-law-related institutions will
not be favorable to the security of international investments
and finance,” said Michael Davis, a professor of law and
international affairs at O.P. Jindal Global University in India,
and former law professor at the University of Hong Kong.[/quote]
That's what we want! (And hopefully the same treatment as above
for this Western colonialist?)
[quote]Keith Richburg, head of the Foreign Correspondents’ Club,
Hong Kong, said the board suspended its longstanding Human
Rights Press Awards earlier this year after lawyers advised him
the police would probably investigate the organization for
“aiding, promoting or celebrating sedition,” according to a
recording of a meeting with local journalists to explain the
decision. [/quote]
This Western colonialist apparently hasn't left, so the
government should hang him in public!
[quote]Perhaps most significantly, it changed the rules for bail
by removing the presumption of innocence, a precedent that’s
seen scores of defendants jailed for more than a year without a
trial and has since been expanded to other crimes with a
security element.[/quote]
Thank you! The unethicality of bail was previously explained
here:
HTML https://trueleft.createaforum.com/issues/legal-decolonization/msg752/#msg752
Continuing:
[quote]So far, all four security law cases that have come to
trial have resulted in guilty verdicts, with the sole defendant
who fought charges denied a reduction in sentence in part
because he chose not to plead guilty.[/quote]
I dislike the practice of guilty pleas leading to reduced
sentences, though. A guilty plea does not reduce the initial
crime, therefore should not reduce the sentence for that crime.
Reducing the sentence on account of a guilty plea amounts to
reducing the sentence in in exchange for less work for the
judge, which in an honourable world would be interpreted as the
judge accepting a bribe from the criminal.
[quote]Despite fears for the legal protection of civil
liberties, four lawyers who either currently practice or
recently worked in Hong Kong said there appears to be an
expectation in the business community that other areas of law
won’t be eroded, which they considered to be misguided. All four
spoke on the condition of anonymity.
“Commercial law won’t be interfered with because that’s one of
the pillars of Hong Kong being an international center for
business, trade, and finance,” said George Cautherley, vice
chairman of the International Chamber of Commerce in the city.
[/quote]
This Western colonialist (who apparently also hasn't left)
should also be hanged in public.
HTML https://newsdiaryonline.com/wp-content/uploads/2020/07/Hong-Kong-and-China.png
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