The World Is Doing Better Than Ever. Here’s Why You Never Hear About It.

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“A huge amount of progress has taken place that a lot of people just don’t take into account, especially smart people who are attending to the real problems of the world,” says Ronald Bailey, Reason‘s science correspondent and the coauthor, with Marian Tupy of HumanProgress.org, of Ten Global Trends Every Smart Person Should Know: And Many Others You Will Find Interesting.

For instance: In 1990, the World Bank estimated that about 1.9 billion people lived in “absolute poverty,” defined as surviving on the inflation-adjusted equivalent of $1.90 a day. By 2018, the number had dropped to 650 million, even as global population increased. If current trends continue, less than 5 percent of the planet’s population will be in absolute poverty by 2030.

Despite ongoing problems in the Amazon and elsewhere, forests are expanding on net across the planet. “If you look broadly across the entire globe,” says Bailey, “what you find is forests have expanded since the 1980s to an area that’s about the size of Alaska and Montana combined, basically 800,000 square miles of land.” And the world is getting safer, too, especially for poor people. “The chance of a person dying from a natural catastrophe—earthquake, flood, drought, storm, wildfire, landslide, or epidemic—has declined by nearly 99 percent since the 1920s and 1930s,” write Bailey and Tupy.

Other positive trends include continuing economic growth and rising living standards around the globe, far fewer food shortages and famines, a decline in the number of autocratic regimes, and a reduction in major armed conflicts.

Bailey tells Reason that this massive ongoing progress is largely ignored because politicians and the media have an interest in foregrounding bad news—and because human beings, at least in the past 200 years, tend to take progress for granted. He says that’s a mistake. Progress is the result of implementing better ideas for organizing society. “Basically,” he says, “the Enlightenment happened.” With that came the rise of representative government, property rights and markets, and especially the free speech and open inquiry that are essential for technological and social innovation.

Ten Global Trends functions as both a counter-argument to doomsayers and a warning to the complacent. Progress, says Bailey, doesn’t just happen. “What we’re trying to do with this book is to not let people take it for granted,” he says. “If we keep the same institutions that enabled this, then much more of it will happen in the future.”

Edited by Isaac Reese and John Osterhoudt. Graphics by Lex Villena and Reese. Feature Image by Villena.

Photos: Erik McGregor/Sipa USA/Newscom; Unknown/Heritage Art/Heritage Images AiWire/Newscom; Fernando Souza/ZUMA Press/Newscom; Fernando Souza/ZUMA Press/Newscom; Wayne Hutchinson Universal Images Group/Newscom; Andrew Woodley/Newscom; Caro/Trappe/Newscom

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The Cato Institute’s 19th Annual Constitution Day Conference

Thursday is Constitution Day, which commemorates the signing of the Constitution on September 17, 1787. (The actual ratification of the Constitution would not come until June 1788.)

Thursday is also the Cato Institute’s 19th Annual Constitution Day conference.  This year’s event is online, but features multiple contributors to the latest issue of the Cato Supreme Court Review and the annual B. Kenneth Simon lecture, which will be delivered this year by the Honorable Don Willett of the U.S. Court of Appeals for the Fifth Circuit.

I will be speaking on the first panel, “Executive Branch and Constitutional Structure,” discussing my contribution to the CSCR, “All the President’s Papers,” which discusses the Supreme Court’s decisions in Trump v. Mazars and Trump v. Vance. An advance version of my article is here. My co-blogger Keith Whittington will also be speaking on a later panel.

The full program and registration information is available here.

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The Cato Institute’s 19th Annual Constitution Day Conference

Thursday is Constitution Day, which commemorates the signing of the Constitution on September 17, 1787. (The actual ratification of the Constitution would not come until June 1788.)

Thursday is also the Cato Institute’s 19th Annual Constitution Day conference.  This year’s event is online, but features multiple contributors to the latest issue of the Cato Supreme Court Review and the annual B. Kenneth Simon lecture, which will be delivered this year by the Honorable Don Willett of the U.S. Court of Appeals for the Fifth Circuit.

I will be speaking on the first panel, “Executive Branch and Constitutional Structure,” discussing my contribution to the CSCR, “All the President’s Papers,” which discusses the Supreme Court’s decisions in Trump v. Mazars and Trump v. Vance. An advance version of my article is here. My co-blogger Keith Whittington will also be speaking on a later panel.

The full program and registration information is available here.

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The Messy TikTok Sale Is What Happens When Governments Get Involved in Social Media

xnaphotostwo265430

Will America’s favorite video app fall prey to executive overreach? It’s looking more and more likey that it will.

Fans of the app (or just of freedom) hoped that President Donald Trump’s arbitrary ban on TikTok—part of a techlash-y executive order prohibiting American transactions with Tencent Holdings, the Chinese company behind messaging service WeChat, and ByteDance, the entity behind TikTok—could be at least partially circumvented by a U.S. company buying TikTok. The American tech companies Microsoft and Oracle were both in talks about snapping up the popular video platform.

On Sunday, Microsoft announced that it was out of the running. “ByteDance let us know today they would not be selling TikTok’s US operations to Microsoft,” it declared.

“Oracle Wins Bid for TikTok in U.S., Beating Microsoft,” announced The Wall Street Journal, with a range of other publications following suit.

But it’s not at all clear that Oracle is in fact getting TikTok.

Chinese state media reported Monday morning that “ByteDance will not sell TikTok’s U.S. operations to Microsoft or Oracle, nor will the company give the source code to any U.S. buyers,” citing “sources.” (ByteDance did not comment.)

“China released a revised catalogue of technologies that are subject to export bans or restrictions at the end of August, which means that ByteDance may have to obtain a license from the government to proceed with TikTok’s sale to an American company,” reports CGTN.

Note the may before have to obtain there—it’s possible that this is the Chinese authorities puffing themselves up more than it is an insurmountable obstacle for ByteDance.

According to a recent lawsuit against Trump’s TikTok order—filed by a former TikTok employee represented by constitutional lawyer Mike Godwin—ByteDance isn’t based out of China anymore but rather the Cayman Islands, with TikTok headquartered in Culver City, California. “TikTok is neither owned, operated, nor controlled by China or the Chinese government. Indeed, TikTok does not even operate in China,” states the suit.

In any event, “the clock is ticking on TikTok’s fate,” notes TechCrunch:

Beijing was ostensibly absent from ByteDance’s negotiations with Washington in the early days, but that seems to have changed as the deal’s deadline inches closer, with the U.S. government threatening to shut down the service in 45 days from August 6 (September 20) if ByteDance didn’t find a local buyer for the company.

First, the Chinese government revised its export rules that could block the transfer or sale of ByteDance’s recommendation algorithms, and now there’s the state report refuting rumors that Oracle has secured the deal.

The acquisition of TikTok’s U.S. assets has been rumoured to be for as much as $50 billion, according to reports.

ByteDance’s rise to prominence is closely linked to its use of algorithm to serve up videos, memes, news articles and other forms of content across its family of apps. Machine learning does away the need for human curation and even social and interest graphs, forming virtuous cycles within ByteDance services—the more content one consumes, the better the apps get at predicting one’s interest. The data-driven process transcends cultural differences, arguably why TikTok became the first consumer app from China to conquer the West.

The South China Morning Post reported today:

With a looming US deadline for ByteDance to sell TikTok’s US operations, the source said: “The car can be sold, but not the engine.””The company [ByteDance] will not hand out source code to any US buyer, but the technology team of TikTok in the US can develop a new algorithm,” the source told the South China Morning Post. The source, who did not want to be identified, said ByteDance had notified US authorities and potential bidders of the decision.


FREE MINDS

Five states to vote on lifting marijuana restrictions. Come November, “five more states could make it legal to buy weed for medical or recreational purposes,” notes Politico. The matter will be left to voters in these states.

The biggest stakes are in New Jersey and Arizona, where polling suggests voters will back recreational sales.

If both measures pass, more than 16 million additional Americans would be living in states where anyone at least 21 years old can buy weed for any reason. That would mean more than 100 million Americans would have access to legal recreational marijuana sales, less than a decade after Colorado and Washington pioneered the modern legalization movement.

South Dakota and Montana could also pass recreational legalization measures this year. The former could become the first state to go from a total ban on weed to legalizing both medical and recreational sales, if voters back a pair of referendums.

Meanwhile, Mississippi voters will decide whether to legalize medical marijuana. Mississippi would join a recent wave of archconservative states—including Oklahoma, Arkansas and Utah—that have embraced medical sales in recent years.

“We’re now working in very red states,” said Matthew Schweich, deputy director of pro-legalization advocacy group Marijuana Policy Project. “If we win in Mississippi, Montana and South Dakota…it becomes more difficult for those senators to oppose legislation that allows their home states to implement laws the voters have approved.”


FREE MARKETS

Antitrust action against Google expected this week. “The real Sword of Damocles for Big Tech could come as early as this week, when a supposedly free-market Trump administration could launch a landmark lawsuit against” Google, writes the New York Post‘s Charles Gasparino. “Barring something dramatic, [Google] will soon be the target of litigation brought by the Trump Department of Justice and many states’ attorneys general for alleged antitrust abuses.”

Their case is a big stretch:

Google doesn’t fit the classic definition of an antitrust target by costing consumer money—it’s a free service for consumers that makes much of its money on advertising. But what makes Google enticing for class warriors is its size ($1 trillion market cap), massive profitability and omnipotence as everyone’s favorite search engine, which also allows it to allegedly play dirty.

It’s been accused of skewing search results to advertisers and giving top billing to search results that favor progressive political thought, not to mention mining user data for its business.

Given the politics of the moment, Google may be the first, but probably not the last, tech company to get roasted at the hands of the government not for doing anything terribly wrong, mind you, but for simply being too big and successful and the latest whipping boy for politicians in both parties.

For more on tech companies and antitrust, check out this 2019 Reason cover story.


QUICK HITS

• U.S. Customs and Border Protection bragged about seizing “2,000 counterfeit Apple AirPods from Hong Kong.” And yet “based on the agency’s own photos, the seized products appear to be legitimate OnePlus Buds—transported in a box that plainly says as much,” notes The Verge.

• The Securities and Exchange Commission has busted rapper T.I. for an allegedly “unregistered and fraudulent” promotion of a cryptocurrency offering.

• Joe Biden’s $11 trillion spending plan.

• Can Trump win the Mormon vote this time around?

• San Francisco residents will vote in November on whether to lower the local voting age to 16.

• Why a pandemic is a terrible time to buy a house.

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The Supreme Court of Texas Asked to Consider “De Facto” Zoning in Houston

The City of Houston is unique. On three occasions, the people have voted by referendum to prohibit zoning. However, the City has attempted to work around that prohibition through the Historic Preservation Ordinance (HPO). This law allows certain “historic” neighborhoods to regulate land use. Since 2014, my colleague Matt Festa has been litigating a challenge to HPO. He contends that the HPO is a form of “de facto,” or “backdoor” zoning.

This case is now on appeal to the Supreme Court of Texas. The review process is discretionary. You can find all the filings here. Here is a summary of Festa’s argument:

This case involves important issues of Texas State law regarding the statutory authority delegated by the Texas Legislature; the State’s legal limits on the powers of municipal corporations; state-delegated local land-use regulatory power; and the individual property rights of all persons under the Constitutions of the United States and the State of Texas. The people of Houston have—three times in the past century—mandated that zoning, a regulatory tool that prescribes different rules based on map-based regulation, is illegal as a municipal power. See, e.g., Teddy M. Kapur, Land Use Regulation in Houston Contradicts the City’s Free Market Reputation, 34 Environmental Law Reporter 10045, 10057-61 (2004). The people of Houston have taken the additional step of voting their zoning ban into the City Charter, making it a fundamental law.

The Texas Legislature has set forth explicit rules for zoning in general—as well as historic district zoning—rules that focus on due process of law. Under Texas law, any city that wishes to regulate historic preservation by geographic district lines must comply with Chapter 211 of the Local Government Code, which sets forth the substantive and procedural requirements for historic district zoning. The City of Houston has ignored these concerns in enacting a de facto historic district zoning law that violates both the Houston Charter and general Texas Law.

And the Houston Chronicle has profiled the case here.

In 1994, Houston amended the city charter so that it can only adopt zoning ordinances after it publishes any proposed ordinance for public hearings and debate during a six-month waiting period and then holds a binding referendum at a regularly scheduled election.

In 1995, Houston adopted the HPO, providing for the creation of historic districts. The ordinance required for property owners in designated historic districts to apply to the Houston Archeological and Historical Commission for a “certificate of appropriateness” for demolishing, modifying, or developing property situated within a historic district.

In 2010, Houston passed the Transition Ordinance that created a one-time, “process for the reconsideration of the designation of historic districts,” as long as 10 percent of a historic district’s property owners request it. Then Houston’s Director of City Planning and Development Department would consider the request and make a recommendation to the city council, giving them the final say.

Regarding homeowners in Heights East, more than 10 percent of homeowners petitioned for the reconsideration of the neighborhood’s historic district status. The Panning Department then mailed each property owner in Heights East a survey asking whether they supported the repeal of Height East’s designation as a historic district.

The Director found that, “of the 780 tracts in Heights East, only 193 requested the repeal of the historic designation.” The Director recommended to the city council it take no action. The council rejected the Director’s recommendation but failed to pass any further ordinances or resolutions for Heights East’s status as a designated historic district.

“That vote should not have even taken place,” said Festa, “because it’s essentially an end-run around the zoning ban.”

The Texas Attorney General and the Texas Public Policy Foundation filed amicus briefs in support of the property owners. Professor Sara Bronin (a Houston native) filed an amicus brief on behalf of property professors ins support of the city.

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The Messy TikTok Sale Is What Happens When Governments Get Involved in Social Media

xnaphotostwo265430

Will America’s favorite video app fall prey to executive overreach? It’s looking more and more likey that it will.

Fans of the app (or just of freedom) hoped that President Donald Trump’s arbitrary ban on TikTok—part of a techlash-y executive order prohibiting American transactions with Tencent Holdings, the Chinese company behind messaging service WeChat, and ByteDance, the entity behind TikTok—could be at least partially circumvented by a U.S. company buying TikTok. The American tech companies Microsoft and Oracle were both in talks about snapping up the popular video platform.

On Sunday, Microsoft announced that it was out of the running. “ByteDance let us know today they would not be selling TikTok’s US operations to Microsoft,” it declared.

“Oracle Wins Bid for TikTok in U.S., Beating Microsoft,” announced The Wall Street Journal, with a range of other publications following suit.

But it’s not at all clear that Oracle is in fact getting TikTok.

Chinese state media reported Monday morning that “ByteDance will not sell TikTok’s U.S. operations to Microsoft or Oracle, nor will the company give the source code to any U.S. buyers,” citing “sources.” (ByteDance did not comment.)

“China released a revised catalogue of technologies that are subject to export bans or restrictions at the end of August, which means that ByteDance may have to obtain a license from the government to proceed with TikTok’s sale to an American company,” reports CGTN.

Note the may before have to obtain there—it’s possible that this is the Chinese authorities puffing themselves up more than it is an insurmountable obstacle for ByteDance.

According to a recent lawsuit against Trump’s TikTok order—filed by a former TikTok employee represented by constitutional lawyer Mike Godwin—ByteDance isn’t based out of China anymore but rather the Cayman Islands, with TikTok headquartered in Culver City, California. “TikTok is neither owned, operated, nor controlled by China or the Chinese government. Indeed, TikTok does not even operate in China,” states the suit.

In any event, “the clock is ticking on TikTok’s fate,” notes TechCrunch:

Beijing was ostensibly absent from ByteDance’s negotiations with Washington in the early days, but that seems to have changed as the deal’s deadline inches closer, with the U.S. government threatening to shut down the service in 45 days from August 6 (September 20) if ByteDance didn’t find a local buyer for the company.

First, the Chinese government revised its export rules that could block the transfer or sale of ByteDance’s recommendation algorithms, and now there’s the state report refuting rumors that Oracle has secured the deal.

The acquisition of TikTok’s U.S. assets has been rumoured to be for as much as $50 billion, according to reports.

ByteDance’s rise to prominence is closely linked to its use of algorithm to serve up videos, memes, news articles and other forms of content across its family of apps. Machine learning does away the need for human curation and even social and interest graphs, forming virtuous cycles within ByteDance services—the more content one consumes, the better the apps get at predicting one’s interest. The data-driven process transcends cultural differences, arguably why TikTok became the first consumer app from China to conquer the West.

The South China Morning Post reported today:

With a looming US deadline for ByteDance to sell TikTok’s US operations, the source said: “The car can be sold, but not the engine.””The company [ByteDance] will not hand out source code to any US buyer, but the technology team of TikTok in the US can develop a new algorithm,” the source told the South China Morning Post. The source, who did not want to be identified, said ByteDance had notified US authorities and potential bidders of the decision.


FREE MINDS

Five states to vote on lifting marijuana restrictions. Come November, “five more states could make it legal to buy weed for medical or recreational purposes,” notes Politico. The matter will be left to voters in these states.

The biggest stakes are in New Jersey and Arizona, where polling suggests voters will back recreational sales.

If both measures pass, more than 16 million additional Americans would be living in states where anyone at least 21 years old can buy weed for any reason. That would mean more than 100 million Americans would have access to legal recreational marijuana sales, less than a decade after Colorado and Washington pioneered the modern legalization movement.

South Dakota and Montana could also pass recreational legalization measures this year. The former could become the first state to go from a total ban on weed to legalizing both medical and recreational sales, if voters back a pair of referendums.

Meanwhile, Mississippi voters will decide whether to legalize medical marijuana. Mississippi would join a recent wave of archconservative states—including Oklahoma, Arkansas and Utah—that have embraced medical sales in recent years.

“We’re now working in very red states,” said Matthew Schweich, deputy director of pro-legalization advocacy group Marijuana Policy Project. “If we win in Mississippi, Montana and South Dakota…it becomes more difficult for those senators to oppose legislation that allows their home states to implement laws the voters have approved.”


FREE MARKETS

Antitrust action against Google expected this week. “The real Sword of Damocles for Big Tech could come as early as this week, when a supposedly free-market Trump administration could launch a landmark lawsuit against” Google, writes the New York Post‘s Charles Gasparino. “Barring something dramatic, [Google] will soon be the target of litigation brought by the Trump Department of Justice and many states’ attorneys general for alleged antitrust abuses.”

Their case is a big stretch:

Google doesn’t fit the classic definition of an antitrust target by costing consumer money—it’s a free service for consumers that makes much of its money on advertising. But what makes Google enticing for class warriors is its size ($1 trillion market cap), massive profitability and omnipotence as everyone’s favorite search engine, which also allows it to allegedly play dirty.

It’s been accused of skewing search results to advertisers and giving top billing to search results that favor progressive political thought, not to mention mining user data for its business.

Given the politics of the moment, Google may be the first, but probably not the last, tech company to get roasted at the hands of the government not for doing anything terribly wrong, mind you, but for simply being too big and successful and the latest whipping boy for politicians in both parties.

For more on tech companies and antitrust, check out this 2019 Reason cover story.


QUICK HITS

• U.S. Customs and Border Protection bragged about seizing “2,000 counterfeit Apple AirPods from Hong Kong.” And yet “based on the agency’s own photos, the seized products appear to be legitimate OnePlus Buds—transported in a box that plainly says as much,” notes The Verge.

• The Securities and Exchange Commission has busted rapper T.I. for an allegedly “unregistered and fraudulent” promotion of a cryptocurrency offering.

• Joe Biden’s $11 trillion spending plan.

• Can Trump win the Mormon vote this time around?

• San Francisco residents will vote in November on whether to lower the local voting age to 16.

• Why a pandemic is a terrible time to buy a house.

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via IFTTT

The Supreme Court of Texas Asked to Consider “De Facto” Zoning in Houston

The City of Houston is unique. On three occasions, the people have voted by referendum to prohibit zoning. However, the City has attempted to work around that prohibition through the Historic Preservation Ordinance (HPO). This law allows certain “historic” neighborhoods to regulate land use. Since 2014, my colleague Matt Festa has been litigating a challenge to HPO. He contends that the HPO is a form of “de facto,” or “backdoor” zoning.

This case is now on appeal to the Supreme Court of Texas. The review process is discretionary. You can find all the filings here. Here is a summary of Festa’s argument:

This case involves important issues of Texas State law regarding the statutory authority delegated by the Texas Legislature; the State’s legal limits on the powers of municipal corporations; state-delegated local land-use regulatory power; and the individual property rights of all persons under the Constitutions of the United States and the State of Texas. The people of Houston have—three times in the past century—mandated that zoning, a regulatory tool that prescribes different rules based on map-based regulation, is illegal as a municipal power. See, e.g., Teddy M. Kapur, Land Use Regulation in Houston Contradicts the City’s Free Market Reputation, 34 Environmental Law Reporter 10045, 10057-61 (2004). The people of Houston have taken the additional step of voting their zoning ban into the City Charter, making it a fundamental law.

The Texas Legislature has set forth explicit rules for zoning in general—as well as historic district zoning—rules that focus on due process of law. Under Texas law, any city that wishes to regulate historic preservation by geographic district lines must comply with Chapter 211 of the Local Government Code, which sets forth the substantive and procedural requirements for historic district zoning. The City of Houston has ignored these concerns in enacting a de facto historic district zoning law that violates both the Houston Charter and general Texas Law.

And the Houston Chronicle has profiled the case here.

In 1994, Houston amended the city charter so that it can only adopt zoning ordinances after it publishes any proposed ordinance for public hearings and debate during a six-month waiting period and then holds a binding referendum at a regularly scheduled election.

In 1995, Houston adopted the HPO, providing for the creation of historic districts. The ordinance required for property owners in designated historic districts to apply to the Houston Archeological and Historical Commission for a “certificate of appropriateness” for demolishing, modifying, or developing property situated within a historic district.

In 2010, Houston passed the Transition Ordinance that created a one-time, “process for the reconsideration of the designation of historic districts,” as long as 10 percent of a historic district’s property owners request it. Then Houston’s Director of City Planning and Development Department would consider the request and make a recommendation to the city council, giving them the final say.

Regarding homeowners in Heights East, more than 10 percent of homeowners petitioned for the reconsideration of the neighborhood’s historic district status. The Panning Department then mailed each property owner in Heights East a survey asking whether they supported the repeal of Height East’s designation as a historic district.

The Director found that, “of the 780 tracts in Heights East, only 193 requested the repeal of the historic designation.” The Director recommended to the city council it take no action. The council rejected the Director’s recommendation but failed to pass any further ordinances or resolutions for Heights East’s status as a designated historic district.

“That vote should not have even taken place,” said Festa, “because it’s essentially an end-run around the zoning ban.”

The Texas Attorney General and the Texas Public Policy Foundation filed amicus briefs in support of the property owners. Professor Sara Bronin (a Houston native) filed an amicus brief on behalf of property professors ins support of the city.

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Why Hong Kong’s Protests Turned Violent

hongkongprotests

On the first Saturday of October 2019, people across the Hong Kong Special Administrative Region (SAR) woke to something they’re not accustomed to: nonfunctioning public transportation. As on many weekends since last June, there had been demonstrations the previous night against the Hong Kong government and the influence exerted on it by the People’s Republic of China (PRC). However, with the SAR government having just announced its intent to ban face masks—which protesters had been using to conceal their identities and prevent reprisals—the anti-government forces escalated.

The Mass Transit Railway (MTR)—the SAR’s renowned subway system—had been ransacked. Grocery stores and shopping centers had closed preemptively to prevent vandalism. Across the walls of the station near where I lived, one could find messages spray-painted by protesters. I took pictures, noting the sentiments: “History will absolve us”; “No turn back for HK”; “no freedom I would rather die”; and—most ominously—”If we burn You burn with us.”

Last year’s protests began as a response to the Hong Kong government’s proposed amendment to the territory’s extradition law, which would have allowed certain criminal suspects to be sent to mainland China for trial. This roused Hongkongers, accustomed to their highly regarded and politically independent judicial system, and fearing the prospect of rendition to the mainland’s much less regarded (and much less independent) system. This, they said, would be the death knell for “one country, two systems,” which allows Hong Kong to retain a number of rights, such as free speech, a free press, and a fair trial, that are largely absent on the mainland.

The protests started peacefully enough. On the weekends leading up to June 12, when a vote on the bill was scheduled, crowds sometimes exceeding 1 million participants turned out to march. But when the loyalist Hong Kong government dismissed these demonstrations and went ahead with plans to vote on the amendment, the protesters broadened both their objectives and their tactics. On June 12, a group of protesters, estimated at 40,000 strong, blocked entry into the Hong Kong Legislative Council. When they charged police barricades, the police responded with tear gas, pepper spray, and rubber bullets. Arrests were made, and dozens had to be treated at local hospitals.

The Hong Kong government got the message, suspending the bill and vowing not to resurrect it. But it was too late: The protesters wanted Chief Executive Carrie Lam out of office, along with universal suffrage, amnesty for arrested protesters, and the formal withdrawal of the bill. They also demanded a comprehensive inquiry into the conduct of the Hong Kong Police Force, which had been filmed on June 12 beating protesters and firing tear gas canisters at nonviolent demonstrators, reporters, and even first responders.

“Five demands, not one less!” became the protesters’ rallying cry—a signal that they would not be pacified by half-measures.

“Hongkongers have made it very clear that the five demands have to be met,” says Sophie Mak, a researcher for Amnesty International based in Hong Kong. They’re increasingly willing to resort to violence to ensure that life in the city does not go on normally if they don’t get their way. Is the escalation merely a symptom of pent-up anger, or is it part of a considered strategy to unmask China’s abuses before the world?

Opening Their Eyes

Well before 1997, the year the U.K. turned Hong Kong over to Beijing’s control, there were doubts as to whether the territory would continue to enjoy free markets, free speech, and freedom of the press under Chinese Communist Party (CCP) rule. Yet in the early years after the handover, Beijing kept interference in Hong Kong’s affairs to a minimum, seeming content to profit from its lax regulatory environment.

“It’s China’s gateway,” says Richard Harris, CEO of Hong Kong–based Port Shelter Investment Management and a longtime resident of the city. “It can be China when China needs it to be; it can be different from China when China needs it to be.” Hong Kong had been treated as a hub of trade by the British from the early 1840s, Harris says, and “it’s very difficult to erase 170 years of free market thinking.”

Underneath that success, however, a younger generation of Hongkongers began to grow restless. They looked at Article 45 of the Basic Law—the territory’s mini-constitution—and were eager to see Beijing make good on its promise that “the ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures.” Currently, the chief executive is chosen by an election committee stacked with Beijing supporters.

In 2014, angry over signals that the PRC government would never allow truly free elections in the territory, young protesters and pro-democracy politicians took part in what became known as the Umbrella Movement. Demonstrating outside government headquarters and blocking major city intersections (hence the movement’s other name: “Occupy Central”), protesters briefly captured the world’s attention. But the effort ended after just two and a half months with no real reforms to show for it.

Five years later, when the Beijing loyalists who govern Hong Kong hatched the idea for the extradition amendment, it seemed people had finally had enough. And not just young radicals; these protests enjoyed far broader public support than the Umbrella Movement had. As Mak puts it, “2019 was a year where most Hong Kong citizens opened their eyes to and became aware of CCP’s transparent and blatant encroachment of Hong Kong’s autonomy. The Hong Kong government’s incompetence and CCP’s increasingly oppressive and iron-fisted rule had forced people to come out on the streets to communicate their dissatisfaction.”

Joshua Wong, who rose to fame during the 2014 movement and remains a prominent critic of Beijing and its loyalists in Hong Kong, says 2019 proved that “Hong Kong people are dedicated and competent to fight for a brighter future and never kowtow to China under the oppressive regime.”

As the protests progressed, vandalism in the city’s commercial, financial, and political nerve center became commonplace, particularly against companies with “China” in their names. As police tactics—including injudicious use of tear gas, attacks on MTR riders suspected of being protesters, and, eventually, use of live ammunition—increasingly came under fire, clashes between police and protesters became more and more frequent. Certain incidents alarmed even those sympathetic to the pro-democracy movement. Last August, for instance, a group of protesters at Hong Kong International Airport bound and beat a reporter for China’s hawkishly pro-CCP Global Times newspaper. In October, video circulated of a crowd of protesters surrounding an investment bank employee who shouted “We are all Chinese!” in the dialect spoken on the mainland and received several punches to the face in reply. Perhaps worst of all, in November, after a middle-aged man accosted protesters, one responded by splashing him with a flammable liquid and lighting him on fire.

More commonly, though, protesters have preferred to attack symbols of Chinese authority, such as by burning the PRC flag and defacing the emblem. U.S. and U.K. flags became frequent sights at protests, with some demonstrators singing “The Star-Spangled Banner” or declaring that the territory should return to colonial rule.

By fall 2019, the protesters seemed to know the odds were against them: Beijing had no intention of acknowledging their demands. But if they couldn’t have democracy, they would at least try to force China into an overreaction that would harm its credibility with the rest of the world.

Hong Kong’s Antagonist

China’s government, once lauded for its turn away from Maoism and toward (state-driven) capitalism, has always had a ruthless streak: Before the 1984 agreement in which the U.K. promised eventually to hand control of Hong Kong to Beijing, the PRC communicated that it had not ruled out invasion to get back what it considered its rightful territory. Elsewhere, in Tibet, the Chinese government has suppressed uprisings, incarcerated and “re-educated” supporters of the Dalai Lama, and “Sinicized” the region through cultural policies and state-sponsored migration of Han Chinese people. And then of course there’s Beijing’s Tiananmen Square, where in 1989 another group of student protesters demanded democratic reforms, only to be ruthlessly crushed by the People’s Liberation Army (PLA).

All this, moreover, took place before Xi Jinping assumed control of the party in 2012. Xi is generally considered the most powerful Chinese leader since Mao Zedong, and analysts have sharply contrasted him with former leader Deng Xiaoping, author of the country’s turn to capitalism and rejection of Maoism’s one-man rule.

“Deng Xiaoping’s taoguang yanghui—’keeping a low profile’—guided Chinese foreign policy for decades but was gradually ditched during the Xi era,” says Zhiqun Zhu, chair of the department of international relations at Bucknell University. “No doubt Xi is a strong leader with a sense of historical mission.”

Xi has also taken a harder line on territorial claims. Chinese leaders before him sought to bring the “rogue province” of Taiwan closer to the fold by gradually integrating it into the mainland economy. But as Taiwan has sought to assert its distinct and democratic identity under an administration that favors independence, Xi has said Taiwan faces the “judgment of history” if it does not become more cooperative. PLA fighter jets regularly violate Taiwan’s territorial airspace, and the PRC frequently conducts military exercises near the island.

Chinese leaders before Xi sought to tamp down on separatist and Islamicist elements in the western province of Xinjiang. Under Xi, however, an extensive campaign of repression has taken place, with some sources saying that more than 1 million people have been interned. Documents leaked late last year showed that Xi specifically commanded “absolutely no mercy” be shown in the struggle against “terrorism, infiltration, and separatism.”

The case of Xinjiang has weighed on the minds of Hong Kong’s protesters, who have cited it as a demonstration of both Beijing’s ruthlessness and the difference that international attention can make. Unlike little-known Xinjiang, Hong Kong has been a global finance hub for decades and remains home to large numbers of expatriates from around the world. This, Hongkongers hope, is the ace up their sleeve.

The Upside of Violence

With little hope that Beijing will agree to their demands for democratization, Hong Kong’s protesters appeared to develop a secondary objective: to force China’s hand, including through violent provocations, to create bad press.

China has long hoped to reassure the world that its rise could be peaceful and that it could coexist with the liberal West. The reason the PRC has not unleashed its military to resolve the protests, as it did in Tiananmen, Zhu says, is that Beijing knows this “would spell the end of Hong Kong’s autonomy and severely tarnish China’s international image.” Bad publicity would be especially inopportune now, during a respite from a trade war with the United States that observers generally expect to flare up again, and with Taiwan led by an administration whose rejection of a “one country, two systems” formula of its own has been vindicated by the unrest in Hong Kong.

This explains the Hong Kong protesters’ decision to turn to vandalism and iconoclasm, to fight with police, to refuse compromise, and in some instances to assault people who seem to pose little threat to them (as with the investment bank employee mentioned above). Beijing and its loyalists in the Hong Kong government, of course, have had much to say about the approach, declaring the protesters “rioters” receiving support from outside forces hostile to China. In an interview last fall on Germany’s DW News, a pro-democracy student activist struggled to answer pointed questions about the movement’s refusal to condemn violence. The South China Morning Post opinion page, where I worked during the first six months of the protests, was inundated with letters and op-ed contributions during that time, some of them wondering whether a Martin Luther King Jr. or a Gandhi would emerge in the SAR.

In fact, the history of nonviolent protest is not so clear-cut. Gandhi may be famous today for his policy of satyagraha (nonviolent resistance), but he believed that at least one response was worse than the initiation of force: “My nonviolence does not admit of running away from danger and leaving dear ones unprotected,” he said in 1924. “I would far rather that you died bravely dealing a blow and receiving a blow than died in abject terror,” he said in 1939. “Fleeing from battle is cowardice and unworthy of a warrior.”

Furthermore, satyagraha‘s applicability elsewhere has been questioned. George Orwell, for one, suggested it would be of little use in a totalitarian system where authorities could use more insidious methods than assaulting their critics openly. Gandhi “believed in ‘arousing the world,’ which is only possible if the world gets a chance to hear what you are doing,” Orwell wrote. “It is difficult to see how Gandhi’s methods could be applied in a country where opponents of the regime disappear in the middle of the night and are never heard of again.”

“Inspirational figureheads can be easily targeted by authorities for punishment and even jail, which would have the effect of dispiriting their followers and discouraging their cause,” Mak says, citing the 2014 Umbrella Movement, which fizzled after protest leaders were arrested.

That raises an additional point: Nonviolent resistance has been attempted in Hong Kong; the 2014 Umbrella Movement largely consisted of civil disobedience tactics such as sit-ins, hunger strikes, and occupations of public facilities. While this made figures such as Wong well-known internationally, it failed to produce democratic reforms.

Last year’s demonstrations were also peaceful in their early days. They were largely ignored. The more violent recent protests have delivered only limited success, leading to the suspension and formal withdrawal of the extradition bill but failing to accomplish the protesters’ other goals. The Hong Kong Police Force has not faced any real accountability for its actions during the protests, Carrie Lam and her administration remain in office, and with the new national security law passed this summer, Beijing looks set to crack down even harder.

Still, nonviolence has batted .000 against this regime. And in the district council elections in November 2019, the pan-democratic bloc, which refused to condemn the protests, crushed Beijing-friendly parties that did condemn them—suggesting the protesters’ more aggressive methods have not lost their fellow Hongkongers’ hearts and minds.

What Next?

All of this has placed the PRC in a bind. In the aftermath of Tiananmen in 1989, the regime faced minimal international consequences. Now? The one thing that seemingly unites the Trump administration with both Democrats and #NeverTrump Republicans is the sense that China is a growing problem. Witness the near-unanimous passage last fall of the Hong Kong Human Rights and Democracy Act, which empowers the U.S. government to sanction individuals from the mainland or Hong Kong who commit human rights violations in the SAR, and which requires regular reassessment of the territory’s autonomy. Were China to meet today’s protests with the kind of force it used in 1989, the response would surely be tougher, and not limited to the United States.

While Hong Kong’s importance to Beijing has diminished—it amounted to one-fifth of the Chinese economy at the 1997 handover but is down to 3 percent today—financial experts say its regulatory freedoms, and the global trade they facilitate, still benefit the mainland.

“In order to raise funding in U.S. dollars, mainland firms—both state-run and privately owned—rely heavily on the territory’s financial markets, which are rooted in the city’s independent legal system that is based on English Common Law,” explains Nicholas Spiro, a partner at Lauressa Advisory in London. “There’s no equivalent [to Hong Kong] on the mainland, and it’s highly unlikely that there will be a credible substitute in the foreseeable future.”

That explains why Beijing, rather than sending in its troops, has chosen to crack down legislatively. The recently approved national security law grants Beijing the right to intervene in Hong Kong’s legal system for the purpose of punishing “terrorist” or “separatist” activities. This is a blatant violation of the agreement the PRC reached with the U.K. in 1984, in which China promised to leave Hong Kong’s way of life unchanged for 50 years following the 1997 handover.

“Clearly, Beijing is concerned about the direction of the democracy movement in Hong Kong,” says Bates Gill, professor of Asia-Pacific Security Studies at Macquarie University in Australia. “They are willing to risk some international fallout because, in their view, not cracking down in Hong Kong now would have more serious long-term implications than the short-term international response.”

Kurt Tong, who served as U.S. consul general to Hong Kong and Macau until June 2019, says there were three considerations behind China’s move: (1) protesters’ defiance of Beijing’s authority; (2) the inability of Hong Kong’s government to restrain them; and (3) the sense that U.S.-China relations have already so deteriorated in recent years that Washington’s disapproval would do limited damage. While China has long sought a balance between asserting control over Hong Kong and seeking to benefit from its free market, Tong believes “the calculus has now shifted to making Hong Kong fit into China better.”

Has the PRC overstepped, as protesters hoped? In response to the national security law, the Trump administration announced that Hong Kong can no longer be considered autonomous, and in mid-July, Trump signed an executive order ending the city’s preferential trade treatment, saying Hong Kong will “now be treated the same as mainland China.” Among other things, this means it may not be spared from tariffs should the U.S.-China trade war rage again. Sources I spoke to, however, said such a move was likely to harm Hong Kong much more than it would harm Beijing.

“Taking [Hong Kong’s trade status] away doesn’t hurt China at all, but it does damage certain interests the U.S. has there,” Tong says. “If the U.S. is aggressive…it will create distance between the U.S. and Hong Kong, and China wouldn’t mind that.”

Mak notes that the SAR’s “intermediary” status means mainland elites have “millions of dollars tied up in their Hong Kong accounts.” But revoking this status would amount to giving away the last of Washington’s leverage, she says, and may lead to “Beijing feeling justified to become even more aggressive and to escalate violence against Hong Kong and the U.S.”

The United States has “comparatively little leverage to force Beijing to change direction,” Gill agrees.

Having failed thus far to bring about democratization, the demonstrators had their eyes set on the Legislative Council elections—which carry considerably more weight than the district council elections of last fall—scheduled for September. But at the end of June, Wong told me the protesters were preparing for the possibility of widespread candidate disqualifications among the pro-democracy camp and/or for the cancellation of the elections. This proved prophetic: At the end of July, following a surge of COVID-19 cases in the territory, the Hong Kong government announced that the elections would be postponed by one year. That same week, a dozen pro-democracy candidates (Wong included) were barred from running. The Hong Kong chief executive claims that public health concerns alone drove the decision to delay the elections.

What might happen if the protesters, enraged by their lack of progress, went even further than they have so far? What if they began targeting public officials for assassination or bombing government facilities? Would they still retain foreign support?

“It’d be harder,” says Tong, especially if Americans died in such attacks. He notes that the U.S. consulate in Hong Kong has consistently defended the right to peaceful protest. Unconditional support for demonstrations, even if they turn violent, “feeds the false narrative that the protesters are responding to U.S. direction,” he says, “which is just not true.”

“Governments around the world are unlikely to voice overt support for such violent activities,” says Gill. “In any event, Beijing already believes that foreign governments and organizations are helping foment the protests, and [Chinese officials] prefer to foster such a narrative in order to deflect criticism away from their own mishandling of largely peaceful protests.”

In response to Beijing’s latest effort to assert control over the Hong Kong SAR, the U.K. has offered to accept Hongkongers, even including a path to citizenship. Australia and Taiwan have made preparations for an influx of refugees as well. Many hope the United States will follow their example.

Yet high-profile figures in the democracy movement, such as Wong and media mogul Jimmy Lai, have refused to leave, saying they will continue to fight for the city they love. In the few weeks since the national security law went into effect, that fight has gotten much harder. Pro-democracy politicians have quit politics, social media–savvy young people have gone offline, and libraries and media outlets are preemptively removing books and censoring words that might run afoul of the territory’s new enforcement apparatus. But the defenders of Hong Kong’s autonomy insist the fight is not over—and won’t be over as long as the rest of the world doesn’t lose interest in what’s happening in the SAR.

“We will continue to encourage the outside world…to keep Hong Kong in the global spotlight,” Wong says. He hopes foreign leaders will “let Beijing know that the Hong Kong people never walk alone.” If they don’t, it’s only a matter of time before China turns its sights to Taiwan, he says, and “the rest of the world” after that.

“Foreign governments should keep monitoring the situation in Hong Kong,” Mak says. “Mild diplomatic statements and a few ‘strong words’ are nowhere [near] enough. Turning a blind eye will risk plunging Hong Kong into a state of permanent destruction.”

 

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