學聯異議網站 HKFS Dissenting Website: I. Foreword 序 and Introduction 緒言
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I. Foreword 序 and Introduction 緒言(明辨是非):

Foreword 序

to be invited.


Introduction 緒言(明辨是非)

Themes, Methodology, Flirtation and Love

1. This "Dissenting Website of the HKFS (Hong Kong Federation of Students)" is educational in that the overall framework is "Discern Right from Wrong 明辨是非", taken from the motto of Maggie Lam's high school, Tack Ching Girls' Middle School, (which is in fact a well known citation from Confucius). The dissent is meant to improve the HKFS; not to harm it. Hence this dissenting website and various charges against Maggie Lam are formally made AFTER the first post-1997 case on the Public Order Evil Law v the Right to Rally is decided at the Kowloon City Magistracy (see Green Column Item C3. 廿九人包括三名學聯參與者主動向警方投案"自首"接受公安惡法的刑罰), and the 021225 Article 23 Rally (see Green Column Item B.b1 跳舞舞). The methodology is comparative and case-based, as, for example, while Maggie Lam's charges against me are spiteful and unlawful, my charges against Maggie Lam are made in accordance with the Prosecution Policy (see para. 12 below). I also compared my observations on Maggie Lam, with Gloria Chang, Yuen Hoi-Yan, Joyce Ho, Alvina Ho, 羅淑玲(蘿蔔糕), Viki, Tam Oi-kwan, Choi-Fung, Chan Chiu-Wai, Li Chun-Wai, Chu Kong-Wai, Terry Tsui, 楊樹雄, Benny 陳彥楷, 劉榮輝(阿輝), and other "煲煙、唱粗口歌、性感放縱的惡習者" at or connected with the HKFS. The methodology is that the FACTS are based on the evidence of the firsthand information collected for my PhD dissertation and the OPINIONS are fair, being based on my dissenting views on Civil Disobedience, esp. my classification of its stages based on Rawls, Kohlberg, and Confucian 孟子 (see para. 16 & 17). I also intend this website to be used as teaching material on "Flirtation and Love 挑逗、調情及愛情" (see para. 18 below). The latter subject may be taught at high school in《綜合人文科》「談情說愛」七個圍繞愛情的議題,包括「愛情是一種感覺嗎?忠於感覺是否即忠於愛情?可以同時愛多於一個人嗎?」等 (per ad021030). The Green Column contains what I consider to be "Right是" (yet I consider it "wrong" to smoke during or after a "right" event); and the Blue Column "Wrong非" (yet I consider it "right" to flirt at the "right" time) (see the Yellow Column, which summarises the 主旨、副旨、推介 and the 2 examples of 是 and 非).

The Green Column

2. The Green Column contains works of many people, including Maggie Lam and myself, and the differences 異同 between the HKFS and myself in the basic concepts of Civil Disobedience 公民抗命 and Morality 道德操守. There are also differences between the HKFS/Hq 學聯總部 and the HKFS/SMRC (Social Movement Resources Centre 學聯社運資源中心). Such differences enable a lively debate to take place. The Title Photo of Maggie Lam, Current Affairs Secretary (2001-2002) in the HKUSU (Hong Kong University Student Union) represents her "Right是" side. As mentioned in [真正的「八樓」和林靜 020626] (see Blue Column Item G), she "caught my attention 引起注意 or as Phoebe translated 蟹逅" in the First Consultation Conference of the HKUSU ExCo Annual Election on 010227 by a clever and proper flirtation 挑逗 which I ignored because I considered her to be aggressive and my purpose of focusing on the HKUSU and HKFS is on the collection of firsthand information for my PhD Dissertation in Constitutional Law. I ignored or rejected all her subsequent flirtations (see para.4 below my response to her smoking in front of me). My comparing her "Right是" side with the female character of 張愛玲《傾城之戀》白流蘇 is based only on a commentary from Apple Daily (ad021023). This Title Photo of her "Right是" side should be contrasted with her "Wrong非" side, the HKFS/SMRC Chair (2002-2003), outside the gate of the HKFS/SMRC in the Blue Column.

The Blue Column

3. In the Blue Column, the MAIN DEBATE (or dispute, as the police says) with the HKFS Representative Council, chaired by Mr Fung Ka-keung, is to set POLICY against the "5 bad habits in the broad sense: extra-martial sex (including pornographic books/graphics, foul language, sexual harassment), gambling, alcoholism, loitoring (including assault), smoking (including substance abuse - substance means nicotine, alcohol, and other illicit substances) 廣義的嫖(含粗口、鹹書/圖、性騷擾)賭飲蕩(含打人)吹(含物質濫用 - 物質指尼古丁,酒精,和其他非法物質)" (see the Title jpg above against Foul Language ... Smoking). The policy should include a disciplinary regulation, similar to that of the HKU (e.g. 澳門豪賭險墮大耳窿圈套的二十歲姓梁港大醫學院學生 ad020719; 港大法律系三年級二十二歲女學生林xx,被控一項盜竊及四項欺騙他人以取財物 TWCC2595/02 ad020918; 港大中文系二年級十九歲男生梁智基複製鎖匙爆竊同系女友寓所,被判入更生中心...港大教務處發言人昨表示,校方會召開紀律委員會作出聆訊,決定是否開除梁的學籍 DCCC611/02 ad021012). CUSU's Vivien Yau 丘梓蕙 confirmed to me that all Student Unions in Hong Kong do not have regulations to deal with complaints of sexual harassment. Her complaint to the administration of CUHK has resulted in discrimination and ostracism 排斥; yet I've seen a lively debate as reported in mp021203cuhkVivienYauSexHarassment.gif. HKFS and HKUSU, and possibly all student unions in Hong Kong, have no regulations to deal with student discipline (see Blue Column Item H).

Flirtation By Smoking and Assault 以煲煙、打人挑逗你

4. This debate/dispute begins with Maggie Lam smoking with Viki after a protest at Sai Yeung Choi Street on 020316. I mentioned in Blue Column A 挑逗你上八樓HKFS/SMRC:學聯社運資源中心主席(02-03)林靜會陪你煲煙、唱粗口歌、重卑隻手你渣,卑PecPec、Bra你睇. If you consider smoking in front of me as a flirtation, she got my full responses (which should not be treated as acceptance of her flirtation) of "嚴父慈母 Stern Daddy Benevolent Mammy" (with Maggie's fellow student Joyce Ho). I pressed Maggie Lam to quit smoking by an email that the HKFS/SMRC staff LO Suk-ling 羅淑玲 (蘿蔔糕)"s "operational bottomline 行動底Line" -- the ralliers are NOT to disperse when the police comes -- be disclosed. The HKFS/SMRC considered this bottomline to be a secret; but do you consider this bottomline a secret? Or is it a norm in civil disobedience? (NB I can tell you the views of the police later). She did not bother to reply. So the 020323 Singtao p.A16 published the "secret" in an interview about my candidature for the presidency of the HKUSU. A male participant of the HKFS/SMRC Mr Sunny LEUNG Chun-wai asked me to attend a meeting at the HKFS/SMRC of about 10 people, during which he expelled me from both the HKFS/Hq and HKFS/SMRC with foul language and a threat to assault me should I enter the 2 premises. I then phoned Maggie Lam, the HKFS/SMRC Chair, who refused to intervene and was angry at my 嚴父慈母 strategy against her smoking. He did assault me on 020704 when I entered the HKFS/Hq; and I "reported to the police for record 報警備案" under MK RN 02034828, pending negotiation with the highest authority of the HKSF - the Representative Council. Since the HKFS Representative Council Chair Mr Fung Ka-Keung failed to take action, I have been obliged to activate the police case and to raise "Publicity" at all levels (see Blue Column Item C).

Sexual Debauch at HKFS/SMRC Concert 性感放縱

5. Maggie Lam's 卑隻手你渣,卑PecPec、Bra你睇 in Blue Column Item A is coupled with Item B. 性感放縱的音樂會(有女/ 仔溝妳/你? 愉快性生活? 可以周街打人,發洩?):02126, 6.4,牛棚,9.11.

Abuse of Power at HKFS/SMRC and HKFS/Hq

6. 蔡誌慶數次上八樓抗議排擠和反五惡習,并向傳媒披露,主席馮家強仍置諸不理 (See Blue Column Item D). Maggie Lam's supporter Yeung Shu-hung told a lie to the Oriental Daily News that the HKFS/SMRC Management Committee had passed a formal resolution to expel me from HKFS/SMRC. But the letter of the HKFS/SMRC Management Committee signed by Tam Oi-kwan 譚靄君(叉包) and handed to me by the HKFS/SMRC staff LO Suk-ling 羅淑玲 (蘿蔔糕) said nothing about the expelsion. The HKFS/SMRC Management Committee should also have reported the incident of expelsion in its Work Report to the HKFS Representative Council. This is a FORMAL COMPLAINT to the HKFS Representative Council based on my email to Mr Fung [和解及銷案 020820] against the abuse of power by the HKFS/SMRC Management Committee. Mr Fung Ka-Keung also failed to take action

6. Maggie Lam has thus been "encouraged 變本加厲"報警拉人"" by the inactions of Mr Fung and actions of her supporters (mainly Chan Chiu-Wai, Li Chun-Wai, Terry Tsui, Tam Oi-Kwan, Choi-Fung, and Yeung Shu-hung) to escalate her bad habits and to call in the police to arrest me for more than 8 hours for criminal intimitation (arising from a series of protest against the 5 bad habits outside the gate of the HKFS/SMRC). Based on whether the conducts are wrong or not (not revenge), I've informed the police that I'll take actions against all the responsible persons. Thus, when one of the core participants, Viki, admitted a charge of assault on me, I asked the police not to press charge against her. I was assaulted a total of three times by core participants of the HKFS/SMRC; but many people, including the police, mixes up the flirtation with the Main Debate. Almost all of them ignore Maggie Lam's series of flirtations but consider my responses to be in the wrong.

7. The Title Photo of Maggie Lam and one of her close associates Choi-Fung, when the police was called to arrest me, in the Blue Column, should tell the truth by itself. No wonder both of them have protested strongly that I should not be allowed to take photos of them even in public places!!! Pak-Chai and a female drummer have angrily enforced this "unreasonable" wish of Maggie and Choi-fung. Consistent with the framework, you are asked to "Discern Right from Wrong 明辨是非".

8. I welcome your learned comments (in English or Chinese) to the email address at the bottom of the webpage. Please include the URL of the specific webpage, so that I can include your learned comments, and my replies, at the bottom of that webpage.

9. As a matter of transparency, I've included in this website lots of FACTUAL materials, including newspaper (both on and off campus), email correspondence, and even my Cautioned Statement to the police. Readers should find the OPINION in this website fair 公正: giving credit where credit is due, describing beauty as beauty, and describing evil as evil. The HKU/EOU wants to know the reactions of the concerned people to the conducts alleged in my 2 charges of alleged sexual harassment. Hence I wish readers to understand the case fully and email me their responses. Maggie Lam is therefore invited to send in her comments, as she did previously to the newspapers (both on and off campus). It is never too late for her to admit her guilts as Viki did once; and avoid a hearing in person (see para. 6 above).

10. Under the adversarial system of the Common Law, I have to concentrate only on Maggie Lam's "bad" side in my police charges and the 2 charges of alleged Sexual Harassment. As of the time of writing this Introduction, Maggie Lam's two police charges against me of alleged Phone Harassment and Criminal Intimitation are still on; and my charges of alleged Assaults, Foul Language via phone etc. against core participants of the HKFS/SMRC are also on. My 2 charges of alleged sexual harassment (see Blue Column Item A. 卑PecPec、Bra你睇) should be viewed against the background of the Sex Culture of the HKFS/SMRC and the acquiescence 默許 of the HKFS Representative Council, of the increase of North Whores in the vicinity of the HKFS/Hq and HKFS/SMRC, and of the sexual orientation camps in various tertiary institutions and the responses to the complaint by Vivien Yau (see Blue Column Items A, B, E, and H).

11. Offenders will never allow their "evil acts" to be filmed. Like the Post-June 4 leaders who have used various "lawful" means (e.g. political trials of the dissidents and freezing the dissidents' bank accounts), Maggie Lam and her supporters have used various means to prevent my filming of their "evil acts". After the title photo of the Blue Column in the Frontpage was taken in the presence of PC 3691, they disallowed my further filming and the PC 3691 agreed. Yet the police allowed Fai Chai 花仔 to continue with the HKFS/SMRC filming of the event which led to my arrest when the police accepted the exaggerations of Maggie Lam and her supporters (NB this is a serious offence which should be prosecuted - see below). It is improper for the HKFS/SMRC to prevent my filming of their rallies and preformance in public (e.g. the 020922 rally by HKFS/SMRC staff 羅淑玲(蘿蔔糕), the 021026 street drama by Viki, and the 021216 dancing in the Gov Hq by Benny 陳彥楷 of the HKFS/SMRC MgtCom and 劉榮輝(阿輝). Maggie Lam has to take responsibilities for all these because she had issued a mass email dated 22 Nov 2002 [my ref. ya_ptu_allianceYouth_Jimy.txt] to the effect that I was allowed to take photographs of her. As a photographer since high school, I maintain that I have the right to film offenders and to film in public, except improper one such as filming under one's skirt.

12. The decision to prosecute must be in accordance with the Common Law substantive practice of "evidence and public interest", not merely a procedural decision by the Secretary for Justice. The Secretary for Justice Ms Elsie Leung was severally criticised when she decided not to prosecute the tycoon Ms Sally Aw 胡仙 because she said that public interest was that, if prosecuted, Aw's ailing business might collapse and many would lost their jobs. The Dept of Justice has subsequently revised and updated its prosecution policy, the latest one which is available for free at the counter of the HK Bar Association (LG2 of the Supreme Court Bldg in Admiralty), is [Prosecution Policy 檢控政策及常規 2002] (Paras. 4.4, 7.3, 8, 9, 10, 25 are revelant). Para. 4.4(d) requires me to avoid the influence of bias and emotions. Para. 4.4(e) is to show materials which is favourable to the defendent; Hence my 2-column approach. The Green Column is favourable to Maggie Lam and I added to that by including my works with the HKFS/Hq and HKFS/SMRC. As a "dissident practising Rawls' civil disobedience", I would not allow HKFS/SMRC to collapse and wish the HKFS to improve. Para. 7.3 mentions some of the relevant considerations: the background of the case, the seriousness of the offence, the real influence of the offence, mitigating circumstance, the attitude of the offender, effect of the prosecution on other people, estimated attitude of the court concerning seriousness of the offence, consequence of the prosecution be proportionate to the seriousness of the offence and the court penalty. Other considerations which I've intended is the educational effect of my charge, and the rehabitative effect of my charge on Maggie Lam and her supporters (including Fung Ka-Keung and Gloria Chang). All these considerations cannot be achieved without showing openly all the relevant facts and opinions; hence this HKFS Dissenting Website.

13. Of the creation of this HKFS Dissenting Website on 021208, I've informed many people who may most probably pass the URL to Maggie Lam and her supporters. I telephoned Yeung Pang-Chin of the HKFS/SMRC, Chris of the HKFS/Hq, Ms Mak of the EOU/HKU on 021209; Ms Lau, Secretary to HKU Registrar Mr Henry Wai on 021212 and by email on 021216. I've also included the URL of this website -- http://how.to/rally redirecting to http://www.oocities.com/hkfs4dissent -- in my Name Card and have distributed it since the 021215 rally to many people: Gloria Chang, Chris Lo, Leni, Ng Kwok-Hung. etc, and barristers Poon Hei, Ma Ho-wai etc. My time of writing this website and the charges is affected by my involvement in the Flag-Burning Case, and the 2nd unlawful rally case (see below). The attitude of Mr Fung towards this Dissenting Website is non-interventionist: He told me prior to the Pre-Trial-Review of the Lau Shan-Ching and TO Kwan-Hang case on 021220 2p that "任你攪喇".

14. HKFS/SMRC staff 羅淑玲(蘿蔔糕) has been concerned with the purpose I may use my photos (actually the HKFS/SMRC is still undecided as to how it should use its films and photos). My stated purpose of my photos is for my PhD research. The obvious purpose of the police video is as prosecution evidence. Viki once helped NG Kwok-Hung's Van Case in which policeman pinched his throat by showing her film in court of the policeman's unreasonablenss. Although Viki had prevented my filming in public and assaulted me (she admitted to the police and accepted without requiring her to apologise), I must appraise her act of helping Ng to get justice. Hence, in accordance with Viki's objective in "Video Power", all the photos taken by the HKFS/SMRC and me should be made readily available to the public (via websites and exhibitions). This will life the secretive veil of the HKFS/SMRC, esp. because real civil disobedience means open action and open explanation to the public (including the police, which is in fact a target of my education). The secretive veil will not assist the HKFS/SMRC in achieving its aim of promoting SM (social movement - which, by definition means involvement by many people). Instead, the secretive veil only help a few (such as Maggie Lam and her supporters) to satisfy their debauch 放縱. In short, debauch 放縱 (i.e. the 5 bad habit in the broad sense) under the secretive veil of the HKFS/SMRC does not help SM at all (see 社運資源中心章程 第二條 宗旨 and 第三條 工作範圍 in [規章] in Green Column Item A or B).

15. Apart for my PhD research, my photos are to be used to help to find out justice, as Viki had done in the Van Case. In the 2nd unlawful rally case (WSC 1742/2002 HKSAR v LAU Shan-Ching and TO Kwan-hang), I have applied to appear as an amicus (reported in ad021119 [陶君行:檢控為惡法鋪路] 已 被 開 除 [should be discontinued pending appeal to HKU Council] 學 籍 的 香 港 大 學 法 律 學 院 前 博 士 生 蔡 誌 慶 , 昨 日 向 法 庭 申 請 將 一 批 事 發 時 拍 攝 的 相 片 呈 堂 , 認 為 相 片 內 容 與 警 方 的 指 控 有 出 入 , 有 助 法 庭 了 解 事 實 真 相 , 但 遭 裁 判 官 拒 絕 接 納 。and sp021119 [劉山青 陶君行 否認未經許可集會] 曾與港大因粗口大字報事件起紛爭的男子蔡誌慶,昨在庭上要求以獨立證人身分呈上拍到的照片作證,但遭法官拒絕。) The 2 media reports did not report that my purpose is to show that it is a Malicious Prosecution against 2 out of about 100 ralliers, that it is an abuse of court process and the police case should be dismissed. Also the 2 media reports did not report that the Magistrate asked me to give my photos to either the defence or the prosecution. I chose to give the photos to the Serious Crime Bureau HKI 1A SIP TANG Wai-keung and gave a 7-page statement in which I identified 22+ persons, including myself, to be prosecuted with Mr Lau and Mr To. SIP Tang replied on 021205 that "Police has noted the information you provided and it is decided not to call you as a prosecution witness. However, your statement and other materials will be treated as "Unused Materials" and according to the current practices, police is obliged to provide them to the two defendants." SIP TANG did not say explicitly that the 22+ persons will or will not be prosecuted in the case of Lau and To or separately in other case(s). I called SIP Tang on 021217 1046a and left a message with WPC Cheung for reply to the unanwered question (including that in Para. 16 below). I've also redirected my application for amicus (with all the papers in 9 enclosures) on 13 Dec 2002 to the HK Bar Association for consideration. On 021220 at 230p, I'll make known to the Western Magistracy (and hence the public) the reply from the HK Bar Association (expected on 021217 5p - declined) and the explicit reply from SIP Tang (NB my interpretation of his above wordings is that the police will not prosecute the 22+ persons - no reply yet). The Western Magistrate passed the case to Kowloon City Court on Monday 020106. My application to ask Mr Leong as the amicus was declined because Mr To has engaged senior counsel Mr Martin Lee. He did not comment on whether I should be charged in the same case as Mr Lau and Mr To.

16. In the above 2nd unlawful rally case, I am also one of the 29 who "reported the case 投案" (which is actually a "surrender and admission 自首" of the act of unlawful rally under the true concept of Civil Disobedience - see Green Column Item C 3. 廿九人包括三名學聯參與者主動向警方投案"自首"接受公安惡法的刑罰 and Item D.1 學聯及蔡誌慶對基本概念的異同 公民抗命--John Rawls及孟子). The OIC is also SIP TANG Wai-keung, who still has not replied in writing if the 29 would be prosecuted. As mentioned above in Para. 15, I've called SIP Tang for an reply. My understanding of John Rawls (1971 p.364-365) is that non-violent civil disobedence consists of (1) an open non-violent conduct e.g. rally and sitin, (2) an open explanation to the public of why the evil law e.g. the Public Order Ordinance requirement of 7-day application for rallies, the Article 23 of the PRC HKSAR Basic Law, or the unpublished CCP prohibition against rallies, is so evil that it should be broken, and (3) with the spirit of self-sacrifice, openly accepting and undergoing the punishment of the evil law (in the olden day and in 1989 in Beijing it is often death), with (4) the immediate effect of invoking the public's conscience in part or in full, and (5) the final effect of changing that evil law (which may be years away). Hence I have classified Rawls into 5 stages and will classify the 29 as having attained Rawls (3). Using a comparative methodology of 5 being the highest, I will classify Gloria Chang, Maggie Lam, Alvina and myself as having attained Rawls (4), Rawls (1.5), Rawls (0.5) and Rawls (3) respectively.

17. I am particularly concerned about "公民抗命者的道德操守" since 公民抗命者 declares a law as evil based on a higher moral norm. That "higher moral norm", such as "未聞弒君也", must be explained to the public in Rawls (2). In Green Column Item D.2, I have adopted the 6-stage morality classification of Lawrence Kohlberg and compared it to the 4-stage Confucian morality of "修身,齊家,治國,平天下". I consider that Personal Ethics 個人操守 is most important as how can I teach others not to take nicotine if I am a smoker? And how could I, using the 弒君 argument, convince others to topple the evil regime if I am more evil than the rulers to be toppled? Alvina argued with me whether I have the moral authority to ask Maggie Lam to quit smoking by asking "who am I to Maggie Lam?". My answer was: should I find Alvina smokes I would have dealt Alvina the same treatment as I did to Maggie Lam. Alvina was speechless, since, when I extend my care to the "world 天下", I am extending my care to total strangers. 因為德性是通過不斷的社交 (social interaction)而發展的,我們是在遇上道德兩難(moral dilemma)時才真正"良心發現" (Conscience is Caught),道德兩難的討論是通過認知衝突(cognitive conflicts)使我們產生正確的道德觀。Hence, besides the argumentative framework of Green v Blue, I will interject the framework with my arguments with Alvina.

18. Finally, but not least, as the Main Debate was sparked off by my not accepting Maggie Lam's flirtations (including smoking in front of me) and "unwelcome sexual advance (i.e. the sexual harassment of 卑PecPec、Bra你睇)", aggravated by her abusing her position as the HKFS/SMRC Chair, I've included in this website the background of both Maggie Lam and myself. Putting the backgrounds in 2 opposing columns (i.e. Green v Blue) should not be viewed as labelling my Munsang morality and her TackChing morality as being in the right or in the wrong. Using TackChing's "Discern right from wrong", Maggie Lam must have considered 卑PecPec、Bra你睇 as right and I considered it wrong. Using Munsang's "Do the right thing at the right time", I would have a different view (except acceptance) if Maggie Lam 卑PecPec、Bra你睇 at a private moment. Also, if she 卑PecPec、Bra你睇 after a friendship (such as that between Alvina and me) is more or less well established, I would also have a different view (except acceptance). I believe that one's morality is mostly fixed at high school; and that universities, such as the HKU, are places of freedom with debatable limits. It is in accordance with the HKU Policy on Freedom "You are free to do anything, but you must take the responsibility" that I invite all core members/participants of the HKFS to take the responsibility of their actions, inactions and acquiescence 默許.

19. Thank you very much.

蔡誌慶
Anthony C. H. Chua
PhD Candidate in Constitutional Law
(discontinued pending appeal to HKU Council)
University of Hong Kong (see my contacts and websites below)
Version: 021217 9a


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