【吳文遠十一遊行案法庭陳詞 — 中文譯本】
法官閣下:
從小我父母便教我要有同理心,要關顧社會上相對不幸的人。儘管在早年職業生涯上取得不俗成就,但我從來沒有意欲將追求個人財富視為人生目標。
當我在國外生活了多年後回到香港定居時,我為這個我自豪地稱之為家的城市,存在如此嚴重的社會不平等而感到困惑和擔憂。 令我震驚的是,社會如何漠視對窮人和少數族裔的歧視。既有的社會結構,有時甚至會鼓勵這種歧視繼續發生。同時,我們也無法一如其它地方,享有基本的民主權利和自由。
這些都是我參與社會運動以至參與政治的動機。我希望盡己所能,為被忽視的弱勢階層鼓與呼,替不能為自己發聲的人說話。
與許多人相比,我很幸運能夠接受良好教育,並擁有一定程度上的財務自由和社會地位。我們很幸運,能夠過上舒適生活,並有自由選擇我們的道路。我選擇為社會平等而奮鬥。其實這個法庭上許多人都差不多,我們都喜歡香港,這個稱為家的地方。或許我們在生活中選擇了不同的角色,但目標都是相同:為他人服務。
可悲的是,我擔心我們已經逐漸成為社會制度中的例外。當下許多香港人根本沒有那些機會,包括貧困長者,欠缺向上流動機會、被邊緣化的年輕人,還有犧牲所有時間但只能為家庭僅僅維持基本生活的工人。這些人再努力,生活中的選擇仍然局限於維持生計。對他們來說,「選擇」是負擔不起的奢侈品,更不用說如何決定自己的命運。
在生活壓力下,我們的視野通常很難超越自身的社交圈子,更難的是對陌生人展現同理心。兩極化的政治分歧產生越來越多裂痕,令我們有時候無法互相理解、和而不同,亦不願意試圖尋求某種程度的妥協。
我一直希望,一個較民主的制度能夠成為一道橋樑,彌合上述社會鴻溝,或者至少容讓我們選擇怎樣共同生活。
2019年的動盪,為整個社會帶來了沉重的打擊。無論政治立場如何,我敢肯定這個法庭上有許多人,都為此而傷心欲絕。整座城市都被不信任、仇恨和恐懼所淹沒。今天固然不是討論這個問題的合適地方,但我希望法庭能夠理解,僅靠司法機構並不能解決已經根深蒂固的社會政治鴻溝。
我們需要集體力量、勇氣、誠實和同理心來修補我們的家。看看幾位同案被告,他們在服務社會方面有著非凡的紀錄。比起囚禁在監獄,我相信他們能夠對社會作出更大貢獻。
為了追求全體香港人的權利,我的確違反了法律,並且已準備面對法院的判決。令人敬重的幾位同案被告,畢生捍衛法治,為民主而戰,為無聲者發聲,我十分榮幸能夠與他們並肩同行。
我相信終有一天,籠罩我們城市的烏雲將會消散,光明將會重臨,愛和同理心將會戰勝歸來。
吳文遠
2021年5月24日
Avery Ng Man Yuen’s Statement
Your Honour,
I was brought up by my parents to value the importance of empathy, to care and to feel for others in our community less fortunate. Although I enjoyed great success early in my career, I never had a desire to pursue personal wealth in the more traditional sense.
When I settled back in Hong Kong after years of living abroad, I was baffled and disturbed by how severe the social inequality existed in a city I am proud to call my home. I was struck at how discrimination against the poor and the minorities far too often goes ignored or can even at times is encouraged by the established social structure; and how we cannot have the basic democratic rights and freedoms that other places enjoy.
These were my motivations to join social activism and enter into politics. I chose to spend my energy to speak for the underprivileged, the disenchanted and often ignored segments of society. To offer a voice for those who could not speak for themselves.
Compared to many, I am privileged to have a great education and a certain level of financial freedom and social standing. We are fortunate enough to be able to lead comfortable lives and have the freedom to choose the path that we take. I chose to fight for social equality. Many of those in this court are not that much different. We all love Hong Kong, the place we call home. We chose our different roles in life but with the same aim: to serve others.
Sadly, I fear that many of us are increasingly the exception to the rule. Today far too many Hong Kong people do not have that chance, whether that is our elderly who live in poverty, marginalized youth with few opportunities for social mobility, or workers who give up all their time slaving away to provide the bare minimum for their families. These people all struggle to make ends meet with very limited options in life. “Choice” for them is a luxury that they cannot afford. Let alone having the gratification of being able to dictate their own destiny.
I recognise, with the pressures of life, it is often difficult for people to see beyond their own social bubble. It is harder still to acquire empathy for strangers. Polarized political division increasingly has driven a wedge between people, making it sometimes impossible for people to understand and empathise with one another, to disagree agreeably, and attempt to find some level of compromise.
It has always been my hope that a more democratic system could be the bridge that heals this social divide or at the very least allow us to choose how we can live together in our home.
I’m certain that none of us in this court wanted to see the turmoil in 2019, which has seen our whole society suffer regardless of political preference. Distrust, hatred, and fear has engulfed Hong Kong. Today is certainly not the right forum for this immense topic. However, I hope the court can understand that the Judiciary alone cannot resolve the deep-rooted socio-political divide which exist.
It will take our collective strength, courage, honesty, and empathy to mend our home. Looking at my fellow defendants with their extraordinary history in serving this society, I believe they can do far greater good among us in society than being locked in prison.
In pursuit of the rights of all Hong Kong people, I have broken the law. I am prepared to face the court’s judgement. I am proud to be in the company of my esteemed fellows who have spent their lives championing the rule of law, fighting for the democracy and voicing for the voiceless.
I believe the storm-clouds that currently reside over our home will one day lift, and make way for a bright and clear day. I believe love and empathy will eventually prevail.
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【After Winning Majority in LegCo: Beijing's Crackdown May Trigger International Intervention】
***感謝Hong Kong Columns - Translated,將我早前撰寫『議會過半想像:以「#國際攬炒」反制「臨立會2.0」』長文(https://www.facebook.com/joshuawongchifung/photos/a.313299448762570/2887650867994069/)翻譯成英文,鼓勵國際社會關注立會選舉一旦過半的沙盤推演,在最惡劣形勢下的制衡策略。***
中文精簡版本:https://www.facebook.com/joshuawongchifung/photos/a.564294826996363/2888641404561682/
Hongkongers have experienced our revolution for over half a year. They no longer take a consequentialist view to the effectiveness of their movement as they did years ago, or waste time second-guessing the intentions and background of fellow activists. Following the defensive battles at CUHK and PolyU, November’s District Council election saw a great victory of unity. More marvellous is the union between peaceful and “valiant” protesters.
In the process of resisting tyranny, the people have realised that one cannot prioritize one strategy over another. This is also how the common goal of “35+” came into being—the hope that we will win over half of the seats in the Legislative Council (LegCo) this September, such that the political spectrum that represents the majority of Hongkongers is able to gain control of legislative decisions. The political clout of Hongkongers will increase if 35 or more seats are successfully secured on our side. It is certainly one vital step to achieve the five demands within the system.
The possibility of realizing legislative majority
Technically it is not unrealistic to win a majority even under the current undemocratic system. Back in the 2016 LegCo election, we already won 30 seats. In addition to the District Council (First) functional constituency seat that is already in the pocket of the pan-democrats, as long as the candidates in Kowloon East and New Territories West do not start infighting again, we could safely secure 33 seats based on the number of pan-dem votes in 2016.
The other 3 seats required to achieve a majority depend on democrats’ breakthrough among the functional constituencies by dispersing the resources of the Liaison Office. They also count on whether the turnout this September could exceed 71.2% — that of last year’s District Council elections. Some of the factors that could affect the turnout include: will the epidemic persist into the summer? Will there be potential violent repression of protests in the 2 weeks preceding the election? Will Hong Kong-US relations be affected by the downturn of the global economy?
Therefore, the ambition of “35+” is to be prioritised by the resistance as both a means and an end. I have already expressed my support for an intra-party primary at the coordination meeting. In the meantime, it is pleasing to see the ongoing debates reaching a consensus of maximising the seats among geographical constituencies in the upcoming election.
Whilst enthusiastic coordination, we should also assess the post-election landscape and gauge Beijing’s reactions: if we do not reach 35 seats, Hong Kong will be subject to tighter control and more severe repression by China; but if the democratic parties successfully form a majority in LegCo, CCP’s fears of a “constitutional crisis” would become imminent. Hence, the key questions are how the Pan-Democrats should deal with the volatile political situation in Hong Kong and how they are going to meet Beijing’s charge head-on.
Watching out for Beijing’s dismissal of LegCo after reaching majority
To take back control of LegCo such that it faithfully reflects the majority’s principles and needs is the definition of a healthy democracy. Recently, however, DAB’s Tam Yiu-chung has warned that the plan of the Pan-Dems to “usurp power” in the LegCo would only lead to Beijing’s forceful disqualification of certain members or the interpretation of the Basic Law. This proves that winning a majority in LegCo is not only a popular conception but also a realistic challenge that would get on the nerves of Beijing. Could Beijing accept a President James To in LegCo? These unknown variables must be addressed upon achieving a majority.
While there is no telltale sign as to Beijing’s exact strategy, we are already familiar with the way CCP manipulated the Basic Law in the past 4 years. Having experienced three waves of disqualifications in LegCo, twice kicked out of LegCo with my team, and thrice locked up in jail, I have no false hopes of an easy compromise from Beijing: they would not let Pan-Dems control LegCo for half a year and wait (as is the proper procedure) until after having negatived the Budget to dissolve the legislature, and thereby giving them an easy victory in the re-elections. The greater the Pan-Dems threaten Beijing’s rule in Hong Kong, the more likely that it will trigger Beijing’s repression.
Since the disqualification and arrest of lawmakers have already become “normalised”, one can even imagine the police stepping into the LegCo building to force Pan-Dems into voting. Neither is it beyond our imagination to expect the CCP to kick out all 70 lawmakers in a fit of rage and replace them with a provisional LegCo “2.0” [HKCT note: The first was from 25 Jan 1997 to 30 Jun 1998]. To depend on a majority that could lead to a chapter of a “new testament” for One Country, Two Systems is perhaps what many elites long for, but they are overly optimistic:for a ticket to the promised land will not be available at the Chief Executive election campaign a year and a half later.
Admittedly, the Pan-Dems cannot unilaterally initiate “Laam-chaau” [HKCT note: mostly translated into “scorched-earth” mentality or “mutual destruction”; some even translated into “If I burn, you burn with us”]. The most they can do is to force a standstill of the government, and not for long the LegCo will have been eliminated from the equation to make the wheels turn again. It all leaves the plan of “Negativing the motion → Dissolving LegCo → Re-election after re-election → the stepping down of Carrie Lam” merely as overly positive speculation, probably resulting from their overestimate of CCP's capacity for rational calculation. The Pan-Dems must guard their frontlines and recognise what the biggest threat from Hong Kong to China could be. In this case, should LegCo sessions be disrupted or suspended, the Pan-Dems would have to be well prepared to surmount the expected obstacles and prevent the disqualification crisis 4 years ago—a Catch-22 indeed.
Productive tension from global intervention: Using Laam-chaau against the CCP
What aggravates the CCP the most is the potential threat to Hong Kong’s unique status as the one and only “separate customs territory”. Any miscalculation will compromise its role as the Chinese economy’s “white gloves”. Imagine if CCP were to disqualify all 70 elected lawmakers and convene a meeting north of the Shenzhen River to pass a resolution to Hong Kong’s affairs (much like the Provisional Legislative Council “1.0" in 1997), how great will the shock be in a world with an effective Hong Kong Human Rights and Democracy Act? However hard it is to predict the future one thing is certain: With the US presidential election just around the corner, blows to the separation of powers would not be tolerated, and the West would necessarily effect countermeasures against the Hong Kong government.
Beijing has been relying upon Hong Kong to navigate the international community for decades. While clamping down on the political freedom of the cosmopolitan city, Beijing desires to maintain the financial centre’s economic freedom. Hence, we started lobbying for the Hong Kong Human Rights and Democracy Act four years ago, and today we are determined to promote “Laam-chaau” on an international scale.
The will of the voters must be reflected in an election. If a “35+” legislature were to be dismissed and replaced, such flagrant violation of democracy would assuredly cause a greater backlash than the infamous extradition bill. Knowing what the reality ahead of us could be, we have to combine our election and international strategies to oppose the placement of a 35+ LegCo with an “Emergency Legislative Council 2.0”, to advance an international “Laam-chaau” to Hong Kong’s status as “separate customs territory”. Only then will we stand a chance to resist the regime and to realise the five demands.
Adjusting our mindset: Overcoming the “constitutional crisis” to reach a resolution
Upon the realization of the “35+” LegCo, it is expected that the CCP will launch a devastating counterattack. The Pan-Dems should not expect LegCo to run normally; neither can the lawmakers realise their governing blueprints they have for Hong Kong. Rather, candidates will be able to compete against one another with visions of a liberated Hong Kong through popular vote. Bringing this point up has nothing to do with undermining the common goal of reaching a majority in LegCo, but rather channels the battle of LegCo to positive use upon the rule of law’s death and a “constitutional crisis” ahead. Knowing that Hongkongers have nothing to fall back on, all Pan-Dems should not miss the only way to the realization of “35+”.
Thus, be they partisans, nonpartisans, incumbent politicians, amateur politicians, or the civil society as a whole – if we stay in the political discourse of 2016 and continue to perpetuate old stereotypes, that is to deal with the divisions on the pan-democratic camp by favouring the most “local” faction; to consider only resource allocation and self-aggrandizement as the purpose of a LegCo campaign; to ignore how potential lawmakers are fitted to what specific roles; to turn a blind eye to the journey of resistance since last summer (extending indefinitely into the future)—They would lead as astray and cost us lose a precious opportunity for change by winning a 35+ majority.
The extent to which the pan-democrats can stay united in light of the political atmosphere since last summer is another problem that our side must to address. Before the watershed moment of 12th June 2019, many democratic delegates were trapped in the mentality of needing to “preserve people’s livelihood”, “be content of what we have accomplished”, and other strategies that favours stability. As the government refuses to heed to the five demands, whether the democrats, especially those in the functional constituencies, have the political will to go all-in is the real difficult question that confronts us in the upcoming LegCo election.
All in all, if “35+” cannot be realised, it is unsurprising to see LegCo being more heavily suppressed in the next 4 years; even if "35+" is achieved, it is questionable whether the pan-democrats are able to weather multiple attacks, verbal or physical, from the regime (judging from its power in the last four years) and utilise the international Laam-chaau strategy against the displacement of LegCo. Adhering to the motto of “we fight on, each in his own way”, I can only hope that Hongkongers in elections, street confrontations and international front can reconcile with each other, so that we may collectively compel the government to yield to our demands in the next six months. It is only by reaching a resolution before a real constitutional crisis that we can combat the institutional violence of the regime and not be devoured by it.
https://hkcolumn.blogspot.com/2020/04/joshua-wong-after-winning-majority-in.html?fbclid=IwAR216gf53pG_j9JOpDfr2GItvjLfrFSekKTPzoEs3-s9KBqvPEwz865P8vw
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