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Opinion | US Secretary of State is violating the Law of Safeguarding National Security in Hong Kong
HK Current
20th of October 2020
By Athena Kung
On 14th of October 2020 [US time], a report was released by the United States (hereinafter refer to as "the US") Secretary of State (hereinafter referred to as "the said Report") under the so-called "Hong Kong Autonomy Act". During recent months, the US Government has been increasingly blatant in its interference in Hong Kong's affairs. Its petty actions included passing successive laws, pronouncing an executive order and imposing 'sanctions' against HKSAR Government's officials under the pretext of so-called "human rights", "democracy" and "autonomy".
In short, the accusations against the HKSAR Government contained in the said Report are all groundless, unwarranted and irresponsible. All the comments in the said Report are really smearing and demonising The Law of the People's Republic of China on Safeguarding National Security in the HKSAR (hereinafter referred to as "National Security Law"). Being the highest organ of state power, the National People's Congress (hereinafter referred to as "the NPC") has lawfully authorized the Standing Committee of the NPC (hereinafter referred to as "the SCNPC") to formulate relevant laws on establishing the legal system and enforcement mechanisms for the HKSAR to safeguard the national security. Thus, the enactment of the National Security Law on 30th of June 2020 by the SCNPC is both lawful and constitutional.
Before the implementation of the National Security Law, due to the fear towards the violence exercised by the rioters who supported HK independence, majority of the HK citizens did not dare to voice out their opinions whenever their views was against that of the rioters. Only the riots were able to enjoy the freedom of speech during the whole period of Black Power Anti-government Movement. However, since the National Security Law has come into effect, stability can be restored in the HKSAR step by step, whereas once again, HK citizens are able to enjoy their basic rights and freedoms in accordance with the law as before. All along, the US Government has embellished the violence and illegal acts exercised by the rioters who are wrongfully beautified as democracy warrior. The ulterior motives behind was US Government's great desire to build up a pro-American Government in HK by promoting Colour Revolution here. With the success of promoting HK Independence, the US may make use of HK as a Bridgehead to attack PRC whose Great Rejuvenation might then be hindered.
Recently, US has also imposed certain "sanctions" on financial institutions and HKSAR Government officials, which is another concrete evidence proving the hegemony on the part of US. The US Government has been exerting pressure on financial institutions and HKSAR Government officials so as to threaten the officials not to pass any law or policies which the US Government dislike. By so doing, the US Secretary of State is clearly violating 2 areas of the National Security Law, including:
(1) Secession under Article 20(1), namely participating in separating the HKSAR from the PRC by with a view to committing secession or undermining national unification whether or not by force or threat of force ; and
(2) Subversion under Article 22(3), namely participating in seriously interfering in, disrupting, or undermining the performance of duties and functions in accordance with the law by the body of power of the HKSAR by force or threat of force or other unlawful means with a view to subverting the State.
Is the National Security Law applicable to the US Secretary of State? The answer is positive. Under Article 38, the National Security Law shall apply to offences under this Law committed against the HKSAR from outside the Region by a person who is not a permanent resident of the Region.
In addition, according to Article 55 of the National Security Law, it is appropriate for the national security case of the US Secretary of State to be taken up by the Office for Safeguarding National Security of the Central People's Government in the HKSAR (hereinafter referred to as "the Office"):
"Article 55
The Office for Safeguarding National Security of the Central People's Government in the HKSAR shall, upon approval by the Central People's Government of a request made by the Government of the HKSAR or by the Office itself, exercise jurisdiction over a case concerning offence endangering national security under this law, if:
(1) the case is complex due to the involvement of a foreign country or external elements, thus making it difficult for the Region to exercise jurisdiction over the case ;
(2) a serious situation occurs where the Government of the Region is unable to effectively enforce this law ; or
(3) a major and imminent threat to national security has occurred."
No doubt, with the involvement of the US Secretary of State who enjoys a high weight in the US Government in a national security case, the whole case would definitely become very complex as a result of existence of such an external element. After all, it would be extremely difficult for the HKSAR Government to exercise jurisdiction over the case, for instance, in the areas of collecting evidence and making necessary investigations. Under such circumstances, it is necessary for the Office to take up this case and exercise jurisdiction over it.
The author is Barrister-at-law.
The views don't necessarily reflect those of Orange News.
責編:CK Li
編輯:Jchow
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Opinion|The Police is duty-bound to enforce the law resolutely
HK Current
2020.10.06 11:05
By Athena Kung
According to the statement made by the US Department of State on 3rd of October 2020 (local time), the arrests made by the Hong Kong Police on 1st of October 2020 were criticized by the Department as malicious ones. It has been alleged by the US Department of State that the Hong Kong Police merely enforces the law for the aim of achieving political goals, which amounts to serious violation of Hong Kong's rule of law and thus strongly attack individual's human rights as well as Hong Kong people's freedom of expression, procession and assembly. The Central Government was commented by the US Department of State as being given up the undertaking of "One country, Two systems" completely. Obviously, such allegations against both the Central Government and HKSAR made by US Government were very serious. To examine whether such comments were fair ones, we have to carefully consider if the allegations really have any valid legal basis or foundation.
According to both the Hong Kong Bill of Rights Ordinance, Cap. 383, Laws of Hong Kong (hereinafter referred to as "the BORO“) and and the International Covenant on Civil and Political Rights (hereinafter referred to as the "ICCPR "), the freedoms of expression, procession and assembly were not absolute, and might be subject to restrictions as prescribed by law. Article 16 and 17 of the BORO relates to the freedom of opinion and expression and right of peaceful assembly which can be enjoyed by Hong Kong people:
"Article 16
Freedom of opinion and expression
(1) Everyone shall have the right to hold opinions without interference.
(2) Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
(3) The exercise of the rights provided for in paragraph (2) of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary—
(a) for respect of the rights or reputations of others; or
(b) for the protection of national security or of public order (ordre public), or of public health or morals.
[cf. ICCPR Art. 19]
Article 17
Right of peaceful assembly
The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.
[cf. ICCPR Art. 21]"
Thus, freedom of expression, procession and assembly in Hong Kong are not absolute. On the other hand, such rights are subject to restrictions as prescribed by law in the interests of public order, public safety and the interests of others, and so on.
Besides, Section 10(a) to (e) of the Police Force Ordinance, Cap 232, Laws of Hong Kong has clearly stated inter alia that:
"10. The duties of the police force shall be to take lawful measures for—
(a) preserving the public peace;
(b) preventing and detecting crimes and offences;
(c) preventing injury to life and property;
(d) apprehending all persons whom it is lawful to apprehend and for whose apprehension sufficient grounds exists;
(e) regulating processions and assemblies in public places or places of public resort;
…………"
What has really occurred in Hong Kong in various districts on 1st of October 2020?
(1) At around 1400 hours, a group of people gathered and yelled along Great George Street in Causeway Bay, which might have constituted offences related to unauthorised assemblies under the Public Order Ordinance, Cap 245, Laws of Hong Kong and offences related to prohibited group gatherings under the Prevention and Control of Disease (Prohibition on Group Gathering) Regulation, Cap 599G, Laws of Hong Kong. Even though the Police had given multiple warnings at the scene and raised the blue flag requesting participants to leave the scene, at around 1500 hours, a large group of protesters still remained at the same place. Some of them even commenced to chant the slogan “Liberate Hong Kong, Revolution of Our Times” over and over again. Thus, they were suspected of inciting or abetting others to commit acts of secession, which might constitute relevant offences under the HKSAR National Security Law. Afterwards, some protesters even spilled onto the road and breached public peace.
(2) At around 1500 hours, 2 men in the vicinity of Tin Ma Court in Wong Tai Sin hurled some petrol bombs and large objects at Lung Cheung Road. Having attended the scene, the police noticed that traces of the road being charred, as well as fences and traffic cones left on it. After investigation, the Police found that even though a large amount of vehicles were travelling along the road at the time of the incident, fortunately, no vehicle was hit by the petrol bombs and objects successfully. In any event, the rioters’ such heinous acts had severely endangered road users and breached public peace.
(3) The Police intercepted a man at Stewart Road in Wanchai at about 1600 hours and found him in possession of a foldable sharp knife which was at the same size of a business card. The 23-year-old man was subsequently arrested on suspicion of possession of an offensive weapon, as there stood a strong likelihood that he might intend to use the said item to injure members of the public or police officers.
(4) At around 1500 hours, the Police set up a roadblock along a section of the Tuen Mun Road near Summit Terrace in Tsuen Wan to intercept suspicious vehicles, and found extendable sticks, a helmet, face masks and a large amount of promotional leaflets inside a private car with an expired vehicle licence. Some of the leaflets contained slogans suspected of calling for “Hong Kong independence” written on them. The 35-year-old male driver of the car was arrested on suspicion of various offences including “Possession of Instrument Fit for Unlawful Purpose”, “Driving an Unlicenced Vehicle” and “Driving Without Third Party Insurance”.
(5) At around 1630 hours, the Police stopped and searched a man in the vicinity of Tonnochy Road and Lockhart Road in Causeway Bay, and found items including a cutter, a spanner, plastic straps and a pair of gloves in his backpack. The 20-year-old man was subsequently arrested on suspicion of possession of offensive weapons.
(6) After nightfall, protesters continued to gather in different districts. To ensure public safety, the Police have enforced the law resolutely according to the situations arising in different districts. At 2200 hours, not less than 86 persons have been arrested in multiple districts. Among them, 74 persons including four District Councillors were arrested on suspicion of taking part in unauthorised assemblies in Causeway Bay, while the rest were arrested on suspicion of committing offences including possession of offensive weapon, failing to produce proof of identity, possession of forged identity card, disorderly conduct in a public place and driving an unlicenced vehicle. Besides, 20 persons were given fixed penalty notices for suspectedly breaching the Prevention and Control of Disease (Prohibition on Group Gathering) Regulation.
Actually, the Police is duty-bound to enforce the law resolutely. On the facts, all arrests taken place on 1st of October 2020 were absolutely lawful and necessary to maintain law and order in the society and protect the life and property of all Hong Kong residents. Undoubtedly, the US officials have all along been adopting "double standards" in expressing utterly irresponsible remarks on law enforcement actions in the HKSAR. Everyone is equal before the law. So long as there is evidence supporting that someone has violated the law, no matter what his or her status or background is, he or she must face the legal consequence. Being a law enforcement agency, the Police must take action whenever they come across any unlawful acts in strict accordance with the laws in force. All cases must be handled in a fair, just and impartial manner by the Police in accordance with the law, which is the only and real reason as to why the Police arrested the 86 odd people on 1st of October 2020. To conclude, all criticizms made by the US towards the Hong Kong Police, HKSAR Government and Central Government were all unfair without any legal or concrete support at all.
It appears that the US government has always been refusing to accept the truth that the HKSAR is an inalienable part of the People's Republic of China (hereinafter referred to as "the PRC") and a local administrative region which enjoys a high degree of autonomy, as contrary to absolute autonomy, and comes directly under the Central People's Government. Hong Kong affairs are internal matters of the PRC. The system in Hong Kong is not "Two countries, Two systems". Hong Kong will never be an independent country with a pro-American government formed by the Opposition Camp in Hong Kong. Any foreign governments like the US must at once stop scaremongering and interfering in any form in Hong Kong's affairs. The "Colour Revolution" promoted by the US in Hong Kong should be terminated in no time.
The author is Barrister-at-law.
The views don't necessarily reflect those of Orange News.
責編: CK Li
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Anxiety .
Macam mana mahu cakap eh . Orang yang tak rasa dia takkan paham . Sakit dia lagi perit . Orang tengok macam sihat tapi dalaman tu tak kuat . Rasa dia memang rasa nak mati . Memang sakit dia tidak ada luka , tidak ada lebam ,tiada apa apa pon .
...Continue ReadingEdit: This is not my story / experience. This story is someone else's experience. Please read to the bottom because below once I have credit from whom is this story 🤗.
Anxiety .
How to say eh. People who don't think won't understand. It hurts so much more painful. People look healthy but the interior is not strong. Feels like he's dying. It's painful he has no wounds, no bruises, nothing.
When you go to the doctor, check it's nothing. There are even people who consider anxiety to be mentally ill, mentally insane. Because I don't feel it, right? If you feel it, you'll know it. We don't ask for this pain but he will keep attacking without giving a hint. Anyone can actually get it.
I explain it simple and easy to understand. This anxiety will make someone worried for no reason, hard to breathe, heart beats quickly, can't sleep, too think of something at a time, mind is messed up, the most afraid is always thinking about death. Those who got gestric, gerd will be like this too.
Heard people will laugh. Undeniable. Even if you tell people about it, people will say crazy. Crazy is different, pressure is different. The average anxiety is caused by mental and physical and often thinking aimlessly. and many factors too.
This anxiety is about to recover, it takes time. Some have been living since childhood to adult. Someone has been alive for years. Someone passed away. Yes. People look at one eye but don't feel it. If seen with rough eyes, they won't show the anxiety suffering. Always crying for no reason because of fear and worry.
When you want to sleep, everyone is scared. out of the house scared. Easy story all scared and worried. Some have lost their appetite until they become thin and dry. Not going out of the house as if I felt something was going to happen but it wasn't Always feel ′′ soon I will die ′′ but it doesn't happen. Life becomes depressed and depression happens.
Patients with anxiety can recover. but he won't recover 100 %. Depends on someone too. What determines it is MINDSET. No one wants to be like this right 😊 even me too.
There are people who don't understand, they will say anything 😅 lack of faith, lack of religion and all sorts. Wrong. I'll tell you a little. When anxiety patients want to pray, even the prayers will not be humble. How do I know? I've also experienced anxiety so I'm very memahmi.
Here I mention how to cure anxiety in general. If anyone wants to add, you can do it.
1) get close to god. More istighfar, prayers, prayers. Inshallah
2) please stay away from negative people. Let's not have many friends as long as they are quality friends. When being friends with negative people, our minds will be stressed and worse anxiety
3) mindset. Always say in my heart and exchange the mindset ′′ I'm healthy, not afraid ′′. Sometimes because our mindset is weak. Fix the mindset.
4) do not be alone. Always hang out, talk and tell the problem to people who understand us and believe. Luv everything, must be relieved.
5) doing fun activities with friends, husband, children or parents to avoid thinking too much and worrying. A little bit can make us forget about that ′′ thing
6) do not sleep alone. Always sleep to be friends so that you can handle the unwanted happen. An example of anxiety will lack of sleep and be anxious quickly, or maybe short of breath. People around are very important and play roles.
7) if necessary, get doctor psy advice. Anxiety is not crazy. Don't be afraid. A little as much as can relieve patients. They are understanding. get their advice.
8) eat healthy maknan. Drink more cooking water.
9) challenge yourself to break the wall you're afraid of. for example, afraid to get out of the house. Challenge yourself to get out and be sure. Change mindset. Inshallah can.
10) mental and physical moral support. Skongan from Family, husband, wife, friends and those who understand what anxiety is. Always give them support.
Someone asked ′′ how to get anxiety?". Hmm as what I know is the possibility of a physical mental that is tired, weak, often thinking, stress because of taking care of your child, work, business, stress about people, and others (please refer to the expert).
If things come, we won't be expected. Anyone will get it. Even artists have to do it again, we are ordinary people 😊
Finally said, this anxiety comes without us being invited. And it's not necessarily what I say above. Maybe because of gastric, gerd and others. I'm telling you what happened to me and how I overcome everything I mentioned above. If there are other suggestions, it's up to follow or not. Everyone is different and I mention the way above is public. I'm not a doctor, but I'm sharing my expert only.
Please be alert if you have any friends or someone who lives this. Give support to each other and inshallah everything will be ready.
Anxiety and panic attack are different. Please ask the more arif.
Spread love 💙
Credit: Shehnaz KhanTranslated