「台灣主權未定論」
美國國務院亞太助卿史達偉(David Stilwell)9月17日在美國參議院外交委員會聽證會上的證詞表示,至今美國對中華民國是否擁有台灣主權仍採未定論。
美國國務院亞太助卿史達偉在參院的「制衡中國」聽證會上表示,「台灣關係法和政府的政策,是要這個(主權)問題透過對話和平解決,而不是透過脅迫或者是武力,所以不針對主權問題作決定,是為了讓台海雙方自己決定。」
「這意味著,到了2020年9月24日當今,美國對台灣主權仍採未定論,而美國表達立場,兩岸應透過和平手段解決。」
陳禹成表示,非戰爭、和平手段,除了談判,也包含透過國際法律程序解決。
美國務院官員表達,台灣主權未定
他解釋,所謂主權,指的是人民,例如美國人民就是美國的主權,而以州(State)來表達,所以美國總統選舉是以州作為選舉計票制度的單位,美國的國名就叫 United States(合眾國)。
陳禹成進一步說明,台灣的主權當然屬於台灣人民,根據美國官方說法,不屬於中華民國政府。雖然台灣人民擁有台灣的主權,但還欠缺一個正當法律程序,讓代表她的政府在國際公法上被法理承認(De Jure Recognition)。
美國從台灣關係法開始,一直是採主權未定論,採事實承認台灣目前的政府是事實主權(De facto)的代表,正式名稱為統治當局(governing authorities)而不是代表法理主權的政府。
他表示,也因此中華民國官員和美國官員不能在聯合國見面、不能在國務院見面,能在餐廳見面,美國副國務卿柯拉奇來台灣是在萬豪酒店和官員見面,「國內有學者認為是貶低我們,但別搞錯,美國還沒承認中華民國對台灣的主權,約在飯店見面已經是非常重視台灣了。」
台灣主權問題,可透過國際法程序解決
那麼總統蔡英文在官邸接待美國國務次卿克拉奇(Keith Krach)晚宴,算不算是官方場合?陳禹成以白宮和川普在其佛州個人別墅接待中國國家主席習近平一樣,算是非官方的,因為Office 和Residence是有差別的。他加碼說「這也是為什麼,當駐美代表蕭美琴以大使自居,後來修正說法,還被國務院提醒。」
陳禹成形容,中華民國政府和台灣人民在國際的認知上,「都知道你們住在一起,但卻承認你們的夫妻關係只是Common Law Marriage(有實無名)。」
台灣的主權怎麼解?陳禹成指出,台灣的主權可透過國際法院程序,以作為聯合國司法機構的海牙國際法院(International Court of Justice at The Hague)承認台灣作為訴訟主體的適格性來完成。
網路參考來源:
https://www.cmmedia.com.tw/home/articles/23580
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Opinion | A misleading slogan by the opposition camp: political prosecution HK
Current2小時前
By Athena Kung
LegCo members Lam Cheuk-ting (hereinafter referred to as "Lam") and Ted Hui Chi-fung (hereinafter referred to as "Hui") were arrested at their residence respectively in the morning on 26th of August 2020. In the afternoon on 27th of August 2020, they were brought before Magistrate Peter Law Esq. sitting in West Kowloon Magistrates' Courts. Both of them faced a count of attempting to perverting the course of justice. Lam was also charged of 1 count of riot. Hui further faced 2 more charges, including criminal damage and access to computer with criminal or dishonest intent. Their bail application was objected by prosecution. After all, the court granted bail to both Lam and Hui. Their cases were adjourned for mention.
Shortly after being released by the court, Lam and Hui strongly criticized the arrest and prosecution and described it as a "public prosecution". All along, whenever any members of the opposition camp have been arrested and prosecuted, then their whole group with the local and foreign media supporting them would together accuse the HKSAR Government of making a political prosecution with an aim to suppress the dissidents. They would also try their best to condemn the HKSAR Government's such act as being a violation of the Sino-British Joint Statement and Hong Kong Basic Law. From time to time, they further attack the Government's such acts as suppressing their freedom of speech.
It appears that whenever the opposition camp alleges the Government conducts a political prosecution, all they mean is that the Government is making use of the political reasons to arrest or prosecute them. Recently, the term "political prosecution" has been the slogan made use of by the opposition camp frequently for the purpose of smearing the Hong Kong Police, Department of Justice, the Judiciary as well as the whole HKSAR Government. The motive behind is to provoke the public's hatred towards the HKSAR Government and even the Central Government, which has been a very important step in the Colour Revolutions instigated by the US Government all over the world.
Everyone is equal before the law. Even the LegCo Members must comply with all the laws in Hong Kong. No doubt, according to the Legislative Council (Powers and Privileges) Ordinance, Cap 382, Laws of Hong Kong (hereinafter referred to as "the Ordinance"), the privileges and immunities to be enjoyed by the LegCo Members include:
(1) Freedom of speech and debate "in the Council or proceedings before a committee" under Section 3 of the Ordinance.
(2) Immunity from legal proceedings, namely no civil or criminal proceedings shall be instituted against any member for "words spoken before, or written in a report to, the Council or a Committee, or by reason of any matter brought by him therein by petition, Bill, resolution, motion or otherwise" under Section 4 of the Ordinance.
(3) Freedom to arrest under Section 5 of the Ordinance, including:
(a) No member shall be liable to arrest for any civil debt whilst going to, attending at or returning from a sitting of the Council or a committee;
(b) No member shall be liable to arrest for any criminal offence whilst attending at a sitting of the Council or a Committee.
In short, the privilege, immunity and freedom of speech and debate can only been exercised by the LegCo Members when they are performing their duties in making speech and debate in the Council or during the committee proceedings. The charges faced by Lam and Hui occurred in Yuen Long MTR Station on 21st of July 2019 or outside Tuen Mun Police Station on 6th of July 2019 respectively. Clearly, on both days, Lam and Hui were not performing their duties in the Council or before any Committee. On 26th of August, they were arrested at their home, but not during their attending at or returning from the Council or any Committee. Obviously, the LegCo Members from the Opposition Camp often exaggerate their privilege, immunity and freedom of speech to mislead the public.
Outside the Council and Committees, all LegCo Members must obey to all the laws in Hong Kong. Being the lawmakers who play a significant role in discussing and passing the Bills in the Legislative Council, as expected by the society, they have to behave themselves properly and setting up as good models for the public to follow and imitate, particularly for those youngsters who are immature. Their keeping on showing no respect at all towards the law and order is step by step ruining Hong Kong's rule of law, which has been the cornerstone of the success gained by the Pearl of the Oriental.
The Opposition Camp often alleges that the HKSAR Government has violated the Sino-British Joint Statement and the Hong Kong Basic Law. However, never have they pointed out which part of the 2 documents have been breached by the HKSAR Government. Obviously, such condemn is slogan as well without any concrete support at all, aiming at spreading the hatred towards the Government in the society.
So long as the Opposition Camp is of the view that any prosecution has insufficient basis to support the charge, all they should do is to face the trial bravely instead of keeping on criticizing the Government wrongfully from time to time. In court, they may have the right to deny the charges against them. The burden of proof lies on the prosecution whereas the standard of proof is beyond reasonable doubt. Defence discharges of no burden of proof at all. All defendants in criminal cases are presumed to be innocent. Prosecution had the duty to produce evidence to prove all elements of the charges they are facing. They also have the right to have their legal representation, call their own witnesses and decide whether to give evidence during the court process. Even if they are convicted after trial, they still have the right to appeal against the conviction and/or the sentence.
The author is Barrister-at-law.
The views don't necessarily reflect those of Orange News.
責任編輯:CK Li
編輯:Whon
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