The Fate of Authoritarian System (Lee Yee)
As the Legislative Council (LegCo) election date is getting closer, the Hong Kong pro-CCP government pondered what tactic to use – the DQ (disqualifying candidates) tactic or the postponement tactic? Then came the latest rumor: the election will be postponed for a year due to the epidemic.
Only the mentally-challenged would believe that excuse.
Although many pan-democratic camp (pan-dems) candidates cannot make up their minds on which direction to go within their response to the confirmation letter, the government is still wary of the DQ tactic: if it excavates what the candidates did or said in the past and uses that to mass DQ them, people would be appalled by it and reaction from the international side would be strong; if it accepts their writings in the confirmation letter and let them through the gate, then it is extremely likely the pan-dems would win the election. So DQ wouldn’t work, postponement it is then.
The postponement tactic is actually directly in breach of the Basic Law Article 69 which sets the term of office for four years. Of course, when such unrefined law like the National Security Law (NSL), which blatantly violates the Basic Law, can be so speedily passed and immediately implemented, then the Basic Law has long become garbage in the eye of the CCP, who can now stamp and approve all the dirty deeds with the National People's Congress (NPC) seal and fool itself that everything is legal.
But this could be another miscalculated blunder in the making. Postponing the election for a year would actually attract more criticism from the international society than the DQ tactic, because although DQ is against human rights, it is not unlawful to do so; however, the postponement has obviously violated the constitution. Maintaining the regulations of a constitutional system is the most basic rule a civilized government required to follow. The western politicians are the most stubborn about this.
Despite the news of last year’s anti-ELAB movement being closely followed worldwide, apart from the US, the western countries did not react too much on the parliamentary levels; hiding Wuhan virus from everyone which led to a global pandemic had also not caused any actions except Trump who flared up plenty of times, and some minor mutterings from some western countries with no real action; The noise surrounding the China-US trade war escalated, but many western countries were reluctant to get involved or ban Huawei as they wanted to maintain a relationship with China. But then when Hong Kong NSL was launched, and all hell broke loose. Within a month, the US stepped up its anti-China action and gradually revealed its sanctioning measurements. The Five Eyes and even the pro-China EU have all halted their extradition treaty with Hong Kong. The UK became the first country that banned Huawei.
Halting the extradition treaty is due to the NSL claims that criminals can be sent to China to go on trial, which was a different scenario when the treaty was signed. The NSL has indicated that Hong Kong’s judicial system is no longer independent from China. Last year, 65% of China’s foreign investment was via Hong Kong. Foreign investors chose Hong Kong as a base because they believed Hong Kong had judicial independence. However, with the implementation of NSL, it is no longer the case.
Right now, there are increased actions against the NSL from western countries daily and this sanctioning circle is growing. China has to utter gibberish like “angry”, “sternly refute” to different countries every day.
The CCP and Hong Kong pro-CCP camp thought postponing LegCo election is just a trivial matter, but Pompeo said he would pay extra attention to Hong Kong’s LegCo election in September; UK Foreign Secretary Dominic Raab has also told Wang Yi, China’s Foreign Minister, the same in a call.
Yan Zeya, a Taiwanese author said yesterday on Facebook, “I hope Taiwan and Hong Kong would break this misconception, that the left-wing in the West are pro-China, and the right-wing are anti-China. Take the New Zealand Prime Minister as an example. She is from the Labor Party, left-wing, but not pro-China. How the left and right are divided in a country depends on internal affairs and its economy, but has nothing to do with foreign policies. Its attitude towards another country is not distinguished by left or right, but hawk and dove. Some country’s hawks ally with the right, some with the left, some do not ally with any side. Furthermore, if there are more than one hostile countries, then the same country could be a hawk to country A, and a dove to country B.
NZ Prime Minister Ardern clearly indicated during last week’s China Business Summit, that the NZ government differ from China on some issues, including Hong Kong NSL, the situation of Uyghurs in Xinjiang and Taiwan joining the WHO. She emphasized, that these subjects are extremely important to the Kiwis (New Zealand people).
Lately, the China policies of the US and western countries are becoming more aligned – they are all becoming the eagle. The catalyst of this drastic change is indeed Hong Kong NSL; and the postponement of the LegCo election would only exacerbate the anti-China and anti-Hong Kong actions.
Once a rule is broken, one would keep breaking it; to use a lie to cover a lie, it must be a bigger lie; to fix the loophole by breaking rules, the hole would only get bigger; to use mistake to mend another mistake would only create a bigger mistake. And this, is the fate of the authoritarian system.
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【聖若瑟書院舊生、學生及教師就《逃犯條例》修訂草案之聯署聲明 | Statement from Old Boys, Students and Teachers of St. Joseph’s College Opposing the Amendment to the Fugitive Ordinance】
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ACT NOW!
聯署連結: https://forms.gle/AWD1SvQ49ghToWDw9
聲明(google doc版): https://docs.google.com/…/1SqpExdkHZdeXlxzUGusJd1LHqI…/edit…
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(please scroll down for the English version)
特區政府倉猝硬推《2019年逃犯及刑事事宜相互法律協助法例(修訂)條例草案》,激起香港市民以至國際社會強烈反彈。條例草案以司法互助之名,將在港人士引渡到司法獨立存疑的中國大陸受審,人權保障嚴重不足,情況教人擔憂。倘若通過,香港人珍重的自由、法治等核心價值定必再遭削弱。有見及此,我們一眾聖若瑟書院舊生、學生及教師發表聯署聲明,表達對《逃犯條例》修訂之不滿。
香港政府宣稱修訂條例旨在將台灣殺人案疑犯繩之於法,交付台灣審判,同時堵塞逃犯匿藏香港的漏洞。然而,台灣當局明確表示,修例「衍生諸多侵犯人權及人身安全疑慮的關切」。行政院大陸委員會多次強調,在未排除在港台灣人被移送到大陸的威脅之前,即使通過修例,台灣亦不會同意接收本案疑犯。政府希望通過修訂條例「彰顯公義」之說明顯站不住腳。事到如今,即使知道修例無法將台灣殺人案疑犯「繩之於法」,港府仍無意撤回草案,一意孤行。
程序公義是善政的基石。是次修例之過程極為倉猝,公眾諮詢期只有短短 20 日,社會各界無暇充分表達意見。建制派立法會議員為盡快通過條例,漠視議事規則,越權剝奪涂謹申議員主持選舉主席的法定職責。政府後來更認定法案委員會失效,動議將草案逕付大會審議,建制派議員護航通過,立法機關淪為橡皮圖章。
除台灣外,是次修例引起世界各地密切關注。5 月 23 日,美國國會及行政當局中國委員會向香港政府發信,擔心香港修訂逃犯條例將影響目前美國與香港之間的特殊關係,要求當局撤回這項立法修訂。5 月 24 日,歐盟駐港澳辦事處及其成員國外交代表亦向港府發外交照會,正式就「修例可能將在港人士送往中國大陸接受不公平審訊」提出抗議。
4 月 28 日,13萬市民上街遊行,反對修例。然而,政府漠視民意,一再削弱立法會的監督角色,意圖借修例把立法會在處理移交逃犯上的把關角色移除。此舉不僅有破壞三權分立之嫌,更引起港人及國際社會對於香港法治及「一國兩制」的憂慮。若然條例最終通過,美國政府可引用《美國-香港政策法》拒絕給予香港特殊地位,重創本港競爭力及營商環境。
人皆生而自由;在尊嚴及權利上均各平等。香港人引以為傲的制度保障每一個人的自由和基本權利,安定社會民心之餘成就了今時今日的繁榮。是次修例直接衝擊港人一直擁護的價值和宗旨,加上近年司法系統早已飽受侵擾,我們豈能視若無睹?倘若成功修例,代代香港人以血汗換來的長治久安終將毀於一旦,香港再不會擁有自己的名字。
我們一眾聖若瑟書院舊生、學生及教師希望藉聯署聲明表達對《逃犯條例》修訂的不滿。我們要求政府立即撤回草案,考慮社會各界提出「域外司法管轄權」、「賦予法庭實質審查權」、「港人港審」、「日落條款」等其他切實可行的方式處理台灣殺人案。我們始終相信法治、司法獨立和人權等價值對香港極為重要。是次修訂不僅影響香港的國際聲譽,更威脅港人的人身自由及安全。香港是我們的家,守護香港,我們義不容辭。
最後,我們希望兩位若瑟夫——石禮謙議員和林健鋒議員銘記母校教誨,三思而行,為香港以至下一代的未來著想,反對修訂《逃犯條例》。
一羣珍愛香港的若瑟夫
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Statement from Old Boys, Students and Teachers of St. Joseph’s College Opposing the Amendment to the Fugitive Ordinance
The HKSAR Government attempted to push the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019 (Fugitive Ordinance Amendment Bill) through in the Legislative Council, sparking public outcry from not only Hong Kong, but also the international community. The Amendment Bill allows individuals in Hong Kong to be extradited to Mainland China, which has a less than credible judicial system. This is particularly worrying. Core values most cherished by Hong Kong people, such as liberty and rule of law, will further diminish. We, old boys, students and teachers of St. Joseph’s College are concerned with the situation, and we would like to express our views through this statement.
In the beginning, the HKSAR Government claimed that the Amendment was intended to bring the suspect of the Taiwan murder to justice. However, the Taiwanese Government indicated that the amendment “brought much attention to possible violation of human rights and personal safety”. On 9 May, the Mainland Affairs Council clearly stated that they would not accept any suspect extradited under the amended ordinance, before a clearance of threat to Taiwan citizens travelling to or residing in Hong Kong, of being transferred to Mainland China. The HKSAR Government’s contention to “uphold justice” simply cannot stand. Given how the events had unfolded, even though the amendment could not longer perform the function of putting away the Taiwan murder suspect, the HKSAR Government had no intention to withdraw the amendment bill.
Furthermore, the procedure to pass the bill is extremely hasty, the public consultation period lasting for only 20 days, there was no sufficient time for the public to voice their opinions. Pro-establishment Legislative Council members attempted to replace the host of the Bills Committee with Abraham Shek, also a pro-establishment councillor, with no regard to the convention of the Legislative Council on hosts, so as to further their cause of rushing through the bill. The Government later announced that the Bills Committee has “lost its function” and will disregard the Bills Committee and table the bill for second reading on 12 June, with no respect for the procedural fairness.
Besides Taiwan, the Amendment has raised international concern. On 7 May, the United States-China Economic and Security Review Commission (USCC) issued a letter to the HKSAR Government expressing concerns with the special relationship between Hong Kong and the US, demanding the authorities to withdraw the Amendment. On 24 May, the EU Office in Hong Kong and Macau together with diplomatic representatives of its member states issued a formal diplomatic demarche to the HKSAR Government, protesting the “possibility of individuals in Hong Kong sent back to China for unfair trials”.
On 28 April, 130,000 Hong Kong citizens marched on the streets, expressing their discontent in the Amendment. But the Government ignored the cries of the people, and further reduced the legislature’s power to regulate, by attempting to remove the Legislative Council’s power to act as a final guard in fugitive extradition. This does not only undermine the separation of powers, but also raises concern from Hongkongers and the International community on Hong Kong’s rule of law and “One Country Two Systems”. If the Amendment does get passed eventually, it might violate certain key provisions in the “United States - Hong Kong Policy Act”, damaging Hong Kong’s reputation of s safe business environment for American and International corporations. If the US Government cancels the Act in light of the Amendment, it would affect Hong Kong’s special status around the world, grievously damaging Hong Kong’s competitiveness and business environment.
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Our system protects each and every one of our rights and freedom, brings order to society. Hong Kong thrived under such privileged circumstances. The Amendment directly impacts the value and morals that we so treasure, on the other hand our judicial system has been wearing away every day for the past few years, we could not turn a blind eye to this. If the Amendment passes, the achievements of a few generations’ hard work and sacrifice will go up in flames. From that point there will be no turning back, Hong Kong will no longer have its own name.
We are old boys, students and teachers of St. Joseph’s College, and we hope to express our concerns and discontent in the Amendment Bill through this statement. We believe that the HKSAR Government should withdraw the Amendment Bill immediately, and consider plausible suggestions from society, like “Extraterritorial Jurisdiction”, “Hong Kong trials for Hongkongers” and “Sunset Clauses”, in order to settle the Taiwan murder. Rule of law, judicial independence, human rights are crucial values to Hong Kong. The Amendment not only damages Hong Kong’s international reputation, but is also a serious threat to the liberty and safety of each and every single Hong Kong citizen. Hong Kong is where we grew up, and we ought to protect it.
We will bravely defend the cause of the right, and march forward with courage in ways that are just.
Lastly, we sincerely hope that while Hon Abraham Shek and Hon Jeffrey Lam, both Josephians, are in their life’s earnest battle, they could be true to their standards learnt from their alma mater, be doing and daring, and for the sake of Hong Kong and future generations, oppose the Amendment.
Josephians who love Hong Kong dearly
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