Judges hammer attorneys on both sides of travel ban case

February 8, 2017

San Francisco, Feb 8: President Donald Trump's travel ban faced its toughest test as a panel of appeals court judges hammered away at the government's arguments that the ban was motivated by terrorism fears but also directed pointed questions to an attorney who claimed it unconstitutionally targeted Muslims.

travelban

The contentious hearing before three judges on the San Francisco-based 9th Circuit Court of Appeals yesterday focused narrowly on whether a restraining order issued by a lower court should remain in effect while a challenge to the ban proceeds.

But the judges also jumped into the larger constitutional questions surrounding Trump's order, which temporarily suspended the nation's refugee program and immigration from seven mostly Muslim countries that have raised terrorism concerns.

The hearing was conducted by phone an unusual step and broadcast live from the court's website to a record audience. Judge Richard Clifton, a George W Bush nominee, asked an attorney representing Washington state and Minnesota, which are challenging the ban, what evidence he had that the ban was motivated by religion.

"I have trouble understanding why we're supposed to infer religious animus when in fact the vast majority of Muslims would not be affected." Only 15 per cent of the world's Muslims were affected, the judge said, citing his own calculations. He added that the "concern for terrorism from those connected to radical Islamic sects is hard to deny."

Noah Purcell, Washington state's solicitor general, cited public statements by Trump calling for a ban on the entry of Muslims to the US. He said the states did not have to show every Muslim is harmed, only that the ban was motivated by religious discrimination.

Clifton also went after the government's attorney, asking whether he denied statements by Trump and former New York City Mayor Rudolph Giuliani, who said recently that Trump asked him to create a plan for a Muslim ban.

"We're not saying the case shouldn't proceed, but we are saying that it is extraordinary for a court to enjoin the president's national security decision based on some newspaper articles," said August Flentje, who argued the case for the Justice Department.

Under questioning from Clifton, Flentje did not dispute that Trump and Giuliani made the statements. Judge Michelle T Friedland, who was appointed by President Barack Obama, asked whether the government has any evidence connecting the seven nations to terrorism.

Flentje told the judges that the case was moving fast and the government had not yet included evidence to support the ban. Flentje cited a number of Somalis in the U.S. who, he said, had been connected to the al-Shabab terrorist group.

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Skazi
 - 
Wednesday, 8 Feb 2017

Judges should hammer on the head of racist TRUMP....

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Agencies
February 4,2020

As the deadly coronavirus has spread worldwide, it has carried with it xenophobia -- and Asian communities around the world are finding themselves subject to suspicion and fear.

When a patient on Australia's Gold Coast refused to shake the hand of her surgeon Rhea Liang, citing the virus that has killed hundreds, the medic's first response was shock.

But after tweeting about the incident and receiving a flood of responses, the respected doctor learned her experience was all too common.

There has been a spike in reports of anti-Chinese rhetoric directed at people of Asian origin, regardless of whether they have ever visited the centre of the epidemic or been in contact with the virus.

Chinese tourists have reportedly been spat at in the Italian city of Venice, a family in Turin was accused of carrying the disease, and mothers in Milan have used social media to call for children to be kept away from Chinese classmates.

In Canada, a white man was filmed telling a Chinese-Canadian woman "you dropped your coronavirus" in the parking lot of a local mall.

In Malaysia, a petition to "bar Chinese people from entering our beloved country" received almost 500,000 signatures in one week.

The incidents are part of what the Australasian College for Emergency Medicine has described as "misinformation" which it says is fuelling "racial profiling" where "deeply distressing assumptions are being made about 'Chinese' or 'Asian-looking' people." Disease has long been accompanied by suspicions of foreigners -- from Irish immigrants being targeted in the Typhoid Mary panic of 1900s America to Nepali peacekeepers being accused of bringing cholera to earthquake-struck Haiti in the last decade.

"It's a common phenomenon," said Rob Grenfell, director of health and biosecurity for Australia's science and research agency CSIRO.

"With outbreaks and epidemics along human history, we've always tried to vilify certain subsets of the population," he said, comparing the behaviour to 1300s plague-ridden medieval Europe, where foreigners and religious groups were often blamed.

"Sure it emerged in China," he said of the coronavirus, "but that's no reason to actually vilify Chinese people." In a commentary for the British Medical Journal, doctor Abraar Karan warned this behaviour could discourage people with symptoms from coming forward.

Claire Hooker, a health lecturer at the University of Sydney, said the responses from governments may have compounded prejudice.

The World Health Organisation has warned against "measures that unnecessarily interfere with international travel and trade", but this has not stopped scores of countries from introducing travel bans.

The tiny Pacific nation of Micronesia has banned its citizens from visiting mainland China altogether.

"Travel bans respond largely to people's fears," said Hooker, and while sometimes warranted, they often "have the effect of cementing an association between Chinese people and scary viruses".

Abbey Shi, a Shanghai-born student in Sydney, said the attitude shown by some of her peers has "become almost an attack on students who are Chinese".

While Australia's conservative government has banished its citizens returning from Wuhan -- the central Chinese city at the epicentre of the virus -- to a remote island for quarantine, thousands of students still stuck in China risk their studies being torpedoed.

"Right now it looks like they have to miss the semester's start and potentially the whole year, because of the way the courses are set up," Shi said.

According to Hooker, studies in Toronto on the impact of Severe Acute Respiratory Syndrome, or SARS -- another global coronavirus outbreak in 2002 -- showed the impact of xenophobic sentiment often lasted much longer than the public health scare.

"While there may be a cessation of direct forms of racism as news about the disease dies down, it takes quite a bit of time for economic recovery and people continue to feel unsafe," she said.

People may not rush back to Chinese businesses or restaurants, and may even heed some of the more outlandish viral social media disinformation -- such as one popular post imploring people to avoid eating noodles for their own safety.

"In one sense you might think the effects lasted from the last coronavirus to this one because the representation as China being a place where diseases come from has been persistent," Hooker said.

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News Network
March 6,2020

Mar 6: UK stocks fell again on Friday as growing economic risks from the coronavirus outbreak shattered investor confidence, with Britain recording its first death from the pathogen.

A 1.5% fall for the FTSE 100 erased the blue-chip index's gains from earlier this week. Export-heavy companies have now lost over $230 billion in value since the epidemic sparked a worldwide rout last week.

The domestically focussed mid-cap index was down 1.9%.

Cruise operator Carnival dropped 4.2% to its lowest level since 2012, a day after its Grand Princess ocean liner was barred from returning to its home port of San Francisco on virus fears.

Britain said an older person with underlying health problems had succumbed to the flu-like virus on Thursday, while the number of infections jumped to 115.

In company news, drug maker AstraZeneca fell 1% after it said its treatment for a form of bladder cancer failed to meet the main goal of improving overall survival in patients in a late-stage study.

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News Network
July 1,2020

Jul 1: Hong Kong police moved swiftly on Wednesday against protesters gearing up for the first rally since the introduction of sweeping security legislation, making their first arrest under it and warning of punishment for pro-independence material.

Beijing on Tuesday unveiled the details of the much-anticipated law after weeks of uncertainty, pushing China's freest city and one of the world's most glittering financial hubs onto a more authoritarian path.

As hundreds of protesters gathered downtown for an annual rally marking the 23rd anniversary of the former British colony's handover to China, riot police used pepper spray to arrest at least two people, while one metro station closed.

Police, who earlier banned the rally, cited the law for the first time in confronting protesters and they also made their first arrest under it - a man holding a flag advocating independence.

"You are displaying flags or banners/chanting slogans/or conducting yourselves with an intent such as secession or subversion, which may constitute offences under the ... national security law," police said in a message displayed on a purple banner.

The law will punish crimes of secession, subversion, terrorism and collusion with foreign forces with up to life in prison, heralding a more authoritarian era for the Asian financial hub.

China's parliament adopted it in response to months of pro-democracy protests last year triggered by fears that Beijing was stifling the city's freedoms, guaranteed by a "one country, two systems" formula agreed when it returned to Chinese rule.

Authorities in Beijing and Hong Kong have repeatedly said the legislation is aimed at a few "troublemakers" and will not affect rights and freedoms, nor investor interests.

But critics fear it will crush the freedoms that are seen as key to Hong Kong's success as a financial centre.

"With the release of the full detail of the law, it should be clear to those in any doubt that this is not the Hong Kong they grew up in," said Hasnain Malik, head of equity research, Tellimer in Dubai.

"The difference is that U.S. and China relations are far worse and this could be used as a pretext to impede the role of Hong Kong as a finance hub."

In Beijing, Zhang Xiaoming, executive deputy director of Beijing's Hong Kong and Macau Affairs Office, told reporters suspects arrested by Beijing's new security office in Hong Kong could be tried on the mainland.

He said the mainland's national security office abided by Chinese law and that Hong Kong's legal system could not be expected to implement the laws of the mainland. Article 55 of the law states that Beijing's national security office in Hong Kong could exercise jurisdiction over "complex" or "serious" cases.

Mainland security agencies will also be based in Hong Kong officially for the first time, with powers that go beyond city laws.

"The law is a birthday gift to (Hong Kong) and will show its precious value in the future," Zhang said, adding the law would not be applied retroactively.

On July 1 last year, hundreds of protesters stormed and vandalised the city's legislature to protest against a now-scrapped bill that would have allowed extraditions to mainland China.

Those protests evolved into calls for greater democracy, paralysing parts of the city and paving the way for Beijing's imposition of the law this week.

'INEVITABLE'

Speaking at a flag-raising ceremony to mark the handover anniversary, the city's Beijing-backed leader, Carrie Lam, said the law was the most important development since the city's return to Chinese rule.

"It is also an inevitable and prompt decision to restore stability," Lam said at the same harbour-front venue where 23 years ago the last colonial governor, Chris Patten, a staunch critic of the security law, tearfully handed back Hong Kong to Chinese rule.

Some pro-Beijing officials and political commentators say the law is aimed at sealing Hong Kong's "second return" to the motherland after the first failed to bring residents to heel.

Luo Huining, the head of Beijing's top representative office in Hong Kong, said at the ceremony the law was a "common aspiration" of Hong Kong citizens.

Critics denounced the lack of transparency surrounding the details of the legislation until it was unveiled. It came into force at 11 p.m. (1500 GMT) on Tuesday.

Some pro-democracy activists gave up membership of their groups just before the law came into force, though calling for the campaign for democracy to go on offshore.

"I saw this morning there are celebrations for Hong Kong's handover, but to me it is a funeral, a funeral for 'one country two systems'," said democracy lawmaker Kwok Ka-ki.

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