//佛朗士在《諸神渴了》中寫道：「當政府違反人民權利時，反抗乃為人民責任中最神聖、最不可缺少的。」//
【百戰沙場碎鐵衣 獨領殘兵千騎歸】— 大專學界就港共政權清算抗爭者告全港市民書
香港市民：
二零一六年農曆新年，政府一改慣例，將小販趕盡殺絕。港人因而聲援旺角新年小販，支持本土文化。豈料警方突然暴力清場，更向天鳴槍，終引發大規模警民衝突。港共政權以暴動罪起訴抗爭者，清算異己。過去兩年已陸續有抗爭者因暴動罪被判刑，抗爭者為爭取公義卻失去了數以年計的光陰，大專學界對抗爭者的遭遇表示痛心，並譴責港共政府無恥之舉。
昨天盧建民和梁天琦竟被分別判囚七年和六年，日前亦有抗爭者被判以數年計的監禁。大專學界認為近日判刑過為苛刻。香港法例早已變得因陋守舊。《公安條例》對暴動罪中「破壞社會安寧」並無清晰界定，而「非法集會」和「暴動」的定義亦無明確分野，兩者卻存在差天共地的量刑標準，讓法例淪為政權打壓抗爭者的工具。聯合國亦曾兩度批評現時《公安條例》並未能為市民集會自由提供足夠保障，唯香港仍然固步自封，迴避檢討《公安條例》。學界促請檢討現行法例，確保港人權利在維持社會秩序中亦有所保障。學界亦認為裁決和量刑考慮中，社會現況和抗爭者的動機意圖都是不可忽視的公共政策因素。若被告行動的意圖或動機是真誠追求社會利益而非個人利益，法律亦應予以考慮。
今天抗爭者身陷囹圄，我們更要去食存信，把抗爭者為我城鞠躬盡瘁的精神銘諸心腑。在當今專制政權之下，大專學界誓必與港人同行，以追求自由為志，銘記同儕犧牲，思考我城前路。佛朗士在《諸神渴了》中寫道：「當政府違反人民權利時，反抗乃為人民責任中最神聖、最不可缺少的。」赤化風暴從未止息，我城前路憂堪：一地兩檢、國歌法本地立法和廿三條立法等危機接踵而來。此刻我們決不可如槁木死灰，更不可視若無睹。作為香港人，我們不能把拯救我城的責任假手於人，也不應對我城未來失去希望。希望愈渺茫，我們愈要捉緊；唯有堅持，我們才有機會把握我城命運。
學界相信，跛鱉千里，正義終會戰勝歸來：
「百戰沙場碎鐵衣，城南已合數重圍，突營射殺呼延將，獨領殘兵千騎歸」
— 李白《從軍行》
香港城市大學學生會
恒生管理學院學生會
香港樹仁大學學生會臨時行政小組
香港珠海學院學生會
香港教育大學學生會
香港理工大學學生會
香港大學學生會
香港中文大學學生會
二零一八年六月十二日
A Lost Battle Is A Battle One Thinks One Has Lost - A Letter to All Citizens of Hong Kong from Students’ Unions of Higher Institutions
Dear Hong Kong Citizens,
During the Lunar New Year of 2016, the government changed its usual practice and forbidden the hawkers to make their own living ruthlessly. Thus, in order to defend the local culture, Hong Kong people stood up and supported the hawkers in Mong Kok. Yet, the police suddenly arrived at the scene and evicted the protesters in violence. Worst still, they even fired bullets amidst the crowd. The clampdown eventually led to a large-scale conflict between police and protesters. In the past two years, there have been protesters prosecuted by the government and sent to prison for crimes such as riots. The Students’ Unions of Higher Education Institutions in Hong Kong would like to express our utter sadness towards the hardship suffered by the convicted and accused protesters in the Mong Kok Cases. Moreover, we hereby condemn the shameful act of the regime.
Apart from the seven-year and six-year imprisonments suffered by Lo Kin-man and Edward Leung, several protesters have also been sent to jail for years. The Students’ Union of Higher Education Institutions in Hong Kong would like to express our concern and discontent towards the oppressive and unreasonable sentences recently. In fact, the laws in Hong Kong have already become obsolete. In "Public Security Ordinance”, the meaning of "leading to a breach of the peace" is not clearly defined. Moreover, there is no clear distinction between the definitions of “Unlawful assembly" and "Riot”, but the criterions for imposing penalty are completely different for these two crimes. Such loopholes allow the regime to use laws as means to suppress the protesters. The United Nations has twice criticised that the current “Public Security Ordinance” does not provide citizens with sufficient protection to enjoy their freedom of assembly. However, the Hong Kong government evades reviewing the current "Public Security Ordinance”. We then urge for a review of the current laws to ensure that the rights of Hong Kong people are safeguarded while maintaining social order. We also believe that the current situation in the society, as well as the intention of the protesters, are public policy factors that cannot be ignored. Such intention should also be considered If the defendant strives to pursue social interests instead of self interests.
Today, protesters were imprisoned as they were prosecuted by the regime. We shall keep our faith despite the adversities, engraving the protesters’ spirit of sacrificing themselves for our city on our mind. Under the dictatorial regime, the Students’ Union of Higher Education Institutions in Hong Kong pledge to walk along with all citizens throughout the journey of pursuing freedom. We shall bear in mind the sacrifices of the predecessors and ponder over the future of our city. In “The Gods Are Athirst”, Anatole France wrote: “When the Government violates the Rights of the people, insurrection is for the people the most sacred and the most indispensable of duties.” Hong Kong has never escaped from the increasing control of the communist party, and its future is disconcerting as human rights and rule of law are being devastated. When various crises such as the co-location arrangement together with legislations of national anthem law and Article 23 come around incessantly, we shall never let our voice die down nor allow the regime to trample on us. It is only the Hong Kong people who bear the responsibility of saving our city. We shall never lose hope of the future of Hong Kong, as only through perseverance and assertiveness can we take control of the destiny of our home.
Jean-Paul Sartre once said, “a lost battle is a battle one thinks one has lost.” Shall we fight and struggle with persistence, Justice will return gloriously.
City University of Hong Kong Students’ Union
Hang Seng Management College Students’ Union
Interim Executive Committee of The Student Union of Hong Kong Shue Yan University
Student Union of Chu Hai College of Higher Education
The Education University of Hong Kong Students’ Union
The Hong Kong Polytechnic University Students' Union
The Hong Kong University Students’ Union
The Student Union of the Chinese University of Hong Kong
12th June 2018
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