I am sure everyone one of us made mistake at some time in our life because none of us is perfect. That's human nature. Undoubtedly Sai Leung`s understanding about history and politic is deep and thorough with his previous experience of working for HK government Therefore he is very knowledgeable about history and politic, and be able to analyze them in clear, humorous and systematic way. And that has stimulated our power of critical thinking and broadened our vision on these corresponding subjects. I will still support Sai Leung as long as he is willing to confess and make apology, if, I say if, he really did do wrong thing with Uncle Chan's literature.
From a strict legal point of view, Sai Leung did nothing wrong by publishing the book. The copyright of the photos belongs to the SCMP. Sai Leung was authorized by the SCMP to publish the photos. There is no copyright infringement here. The SCMP could have published the book on its own without Mr. Chan's consent because SCMP is the copyright holder. Critics alleged that Sai Leung failed to obtain Mr. Chan's consent to publish the book. Sai Leung said he did by way of Mr. Chan's oral representation. We don't know whether he did or did not. Even if he did not, he was not required to because Mr. Chan was not the copyright holder. Critics also allege that Mr. Chan was "upset" by the publication of the book because the book was published without his input. We don't know Mr. Chan's true feelings toward the book. Did Mr. Chan issue any statement protesting against the publication of the book? If he did not, how do we know that he objected to the book? All we have is a statement from Mr. Chan’s daughter, which is hearsay by the way. One commentator justified Mr. Chan's inaction by saying that that was because Mr. Chan wanted to give "face" to Sai Leung and because Chinese people don't want to air dirty public laundry in pubic. I am sorry. But wanting to give someone "face" does not excuse a person from failing to exercise his legal right. Neither do cultural stereotypes about Chinese people's behavior. The fact about Mr. Chan's failure to take action coupled with the fact that he did put his autographs on some copies of the book could constitute an implicit endorsement of the book. This is a point Sai Leung should take note of should this case go to litigation. From a Chinese cultural point of view, it may be said that Sai Leung failed to show enough respect to a veteran photojournalist like Mr. Chan. This point may or may not be valid. The problem is that it is hard to measure "respect" by any objective standard. Even if this point is valid, it does not constitute an infringement of a legal right. Failing to show enough respect is not the same as intentionally depriving someone of his legal right. They are two entirely different matters. Unfortunately, many commentators have confused the two. Also, many interpretations about Chinese culture concerning respect are highly subjective, nothing more than cultural stereotypes. Innuendos and cultural stereotypes about what Chinese people would or would not do never stand up in a court of law. Also, how much importance should we attach to cultural sensitivity when Mr. Chan was a long-term Canadian resident, living in a country placing a premium on the rule of law? Had Mr. Chan felt that his right was infringed upon, he should have taken action to protect his right. The book was published in 2017. Mr. Chan had 7 years to take action before he passed away in 2024. If he did not take action during the 7-year interval, a reasonable inference can be drawn that Mr. Chan consented to the publication of the book or at least he did not object to it. That’s evidence. Critics point out there is no “evidence” that Mr. Chan “authorized” Sai Leung to publish the book. But Mr. Chan was not in a positron to authorize it because he was the copyright holder. Also, there is at least circumstantial evidence that there was consent or lack of objection. Mr. Chan clearly had knowledge of the publication of the book. There is a good case to argue that Mr. Chan's family is now barred by the statute of limitations from making any claim against Sai Leung. I commend Sai Leung for his efforts in preserving Hong Kong's historical record. I don't think he has any ulterior motive of profiteering. This case has been blown way out of proportion. To me, preserving Hong Kong's historical record is more important than protecting the sensitivity of the personal feelings of some people. If personal feelings are all that matter, then museums all over the world should return all Chinese artifacts to China because they, too, hurt the feelings of the Chinese people.
@DrCalebHk14 күн бұрын
The whole scenario is very much like the cultural revolution. Someone did not like Lau. Suddenly, a person came out saying, I knew Mr. Lam scammed my deceased father's money. Then everyone jumped up in the name of justice to condemn Lau. Many so-called witnesses also came up and said they witnessed Lau did such and such bad things. If someone sympathized with Lau, that someone also had to be condemned. Fact or not is no longer important. The importance is which side you stand. You want to stand on the 'right side of history', right?!
You should not make this video but just do it in court now.
@janetshum591019 күн бұрын
thx for your clarification and acceptance of imperfection in handling Chan such as not getting his written consent. While I did not doubt your exposition of the 'truth', would it be possible that you had also not be careful enough { or too simple and naive}to not having considered in prior that Chan, as the pic owner, would expect some reward/financial return for his work?{imagined a 90 year old man probably not leading a very well-off life and need certain financial security indeed} Probably he did not spell out his thought before the publishing , but felt being cheated afterwards (may or may not with others' persuasion} Yes, its indeed terrible that others pinned downed on you on this matter, I felt disturbed too. I trust you are a conscientious person having listened to you for years. Keep going, it's a long way indeed.