#Opinion by Kay Lam 林忌|"On the one hand, the CCP is harping on “internal loop”; on the other hand, it is forcing through FTAs. The two opposing policies will just cancel each other out, and the political slogans with the word “must” are instinct with Chinese-style self-contradictions."
Read more: https://bit.ly/37U0jHn
"中共一面說要內循環,一面大搞自貿區,兩種完全相反的經濟方針與自己打對台,其「必須」的政治口號也充滿中國式的自相矛盾。"
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My recent article😎😎😎
https://m.orangenews.hk/details?recommendId=138868
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
political party slogans 在 李卓人 Lee Cheuk Yan Facebook 的精選貼文
//今年10月1日是中共建政71周年,支聯會將聯同友好團體代表於10月1日11時,以倒行形式分組前往中聯辦宣讀聲明及中港在囚異見人士狀況,敦促中共改善人權,落實當年建政的承諾,停止粉飾太平,回應聲明提出的訴求。//
【沒有人權,哪有國慶?停止打壓異見 還我言論自由】聯署聲明全文
(English below)
中共建政71周年,也是中國人民飽受苦難的歷史。建政前,中共以民主、自由、繁榮、富強的承諾,欺騙萬千愛國者為其拋頭顱、灑熱血。建政後首30年,階級鬥爭為綱,政治運動頻仍;經濟冒進失誤,赤地千里,餓殍遍野。接著的10年,推行經濟改革,但仍堅持獨裁專政,打壓人民訴求,導致胡耀邦、趙紫陽下台,更發生「六四」血腥鎮壓。「六四」後31年來,貪污腐敗猖獗,貧富兩極分化,弱勢社群備受壓榨,道德倫理殆盡,維權和異見人士被拘入獄,全國籠罩白色恐怖,人權蕩然。習近平專政下,14億人民仍活在沒有人權、沒有尊嚴中,有甚麼值得慶祝?
今天是中共所謂的「國慶」,但71年來,許多人只因表達政治立場慘遭拘禁和酷刑,直到今天,仍有不計其數人士因言獲罪,身陷囹圄。在這個令人憤慨而非喜慶的日子,支聯會等團體特別關注被所謂「危害國家安全」罪名拘押的中國和香港抗爭者,他們面對獨裁政權迫害,我們在香港也正經歷同樣命運。
對中國異見人士來說,中國政府以所謂「國家安全」為理由作出種種打壓,是每天不能承受的痛。今年,香港人失去法治和自由,自中央政府於6月30日強推《港區國安法》後,多名人士以所謂與「國安」有關的罪名被起訴,12位年輕人更因為逃亡台灣途中「被送中」,香港人自由岌岌可危,與中國異見人士更是唇齒相依。
他們代表不同年齡和不同背景人士對民主自由的渴求,在鐵幕高牆的國度仍不畏強權,以各種方式爭取民主和傳播尊重人權的訊息,但他們合法和合理的行動和訴求,卻被政權以違反所謂「國家安全」惡法無理打壓,他們的案件在中國只是冰山一角,深信還有不少被專制政權迫害而不知名的受害人。
港區《國安法》強推以來僅僅數月,言論自由空間不斷收窄,過往不少可以喊的口號和可以發起的行動,已被政府強詞奪理解讀為違反《國安法》,營造赤色恐怖,企圖噤聲,打壓異己,令香港的自由急速消逝,嚴重侵犯市民的言論自由與集會自由。
我們強烈要求中國政府和香港政府停止粉飾太平,回應以下訴求:
1)平反八九民運,還多年來承受失去至親一個公道!
2)成立獨立調查委員會,調查「六四」及香港自去年「反送中」運動的警暴行為!
3)停止假借「國家安全」名義,肆意破壞香港法治精神和打壓言論自由!
4)立即釋放中港被囚異見人士!
2020年10月1日
聯署團體:(更新 30.9.2020)
香港市民支援愛國民主運動聯合會
四五行動
林鉅成社會服務處
溫哥華支援民主運動聯合會
天安門母親運動
卡城中國民主促進會
良心之友
中國維權律師關注組
社會民主連線
青衣居民權益服務社
香港社會工作者總工會
新婦女協進會
民主黨
工黨
香港職工會聯盟
郭家麒議員辦事處
民間電台
曾健成議員辦事處
六四行動
民間人權陣線
香港基督徒社關團契
關注綜援低收入聯盟
零售、商業及成衣業總工會
基督徒社工
香港教育專業人員協會
關心香港前途小組
公民黨
’Without human Rights, How Can We Celebrate “National Day”?Stop the crackdown on dissidents; give us our freedom‘
1 October 2020
The Chinese Communist Party has been in power for 71 years now—71 years of suffering for the Chinese people. Before coming to power, the Party promised to make China a democratic, free, prosperous and strong country, but it fooled hundreds of thousands of patriots into sacrificing themselves for the nation. For the first 30 years after the establishment of the regime, class struggle was the main focus and mass political campaigns were frequent. Economic policy was poorly devised, leading to famine and death.
In the following 10 years, the regime enacted economic reform but remained totalitarian. It cracked down on demands for change, leading to the fall of liberal state leaders Hu Yaobang and Zhao Ziyang and eventually the bloodshed of the 1989 Tiananmen Massacre. In the subsequent 31 years, corruption has been rampant and uneven wealth distribution serious. Underprivileged groups are squeezed by those in power. Ethics and morality have collapsed. Human rights defenders and dissidents are detained and imprisoned. The whole country lives under white terror. There are simply no human rights. Under Xi Jinping’s dictatorship, 1.4 billion people are living in a society without human rights or dignity. What is there to celebrate?
Today is what the Party calls “National Day”. But over the past 71 years, many have been ruthlessly imprisoned and tortured simply for expressing their political views. Countless people are still detained for their speech. On this day we should feel outrage rather than joy,. Hong Kong Alliance in Support of Patriotic Democratic Movements of China and other organizations are particularly concerned about the Chinese and Hong Kong activists facing so-called “national security” charges. While those in China endure the persecution of a totalitarian regime, we in Hong Kong experience the same fate.
Chinese dissidents suffer unbearable pain every day as the Chinese government uses the pretext of “national security” to crack down on them. In this year, Hongkongers have lost rule of law and experience diminishing freedoms. Since the central government forcibly imposed the Hong Kong national security law (officially the “Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region”) on 30 June 2020, dozens of individuals have been charged with so-called “national security” crimes. Twelve young people fleeing to Taiwan were taken to China. Hong Kong people’s freedoms are at greater risk than ever. Hong Kong people’s fate is even more interconnected with the Chinese people’s.
Many, diverse in age and background, desire democracy and freedom. They do not fear challenging the government despite dictatorship. They fight for democracy and share information about human rights. But their legal and legitimate actions and demands have been punished by the government with so-called “national security” charges. Their cases are only the tip of the iceberg in China. There are many unknown people persecuted by the regime.
The Hong Kong national security law has been in force for several months. Freedom of expression is drastically diminishing. Protest slogans are now interpreted by the Hong Kong government as violations of the national security law. The government creates red terror, attempts to silence dissenting views, and cracks down on dissidents. Hong Kong’s freedoms are quickly disappearing. Hong Kong people’s freedom of expression and freedom of assembly are seriously infringed.
We call on the Chinese and Hong Kong governments to stop whitewashing the daunting situation in China and Hong Kong and respond to the following requests:
1. Vindicate the 1989 pro-democracy movement and give victims’ families a fair explanation, apology and compensation;
2. Establish an independent commission to investigate the Tiananmen Massacre as well as police violence during the Anti-Extradition Bill protests in Hong Kong since last year;
3. Stop using “national security” as an excuse to ruthlessly destroy Hong Kong’s rule of law and freedom of expression;
4. Immediately release all detained Chinese and Hong Kong dissidents.
Signatories: (updated on 30.9.2020)
Hong Kong Alliance in Support of Patriotic Democratic Movements of China
April Fifth Action
Community service office of KS Lam
Vancouver Society in Support of Democratic Movement
Tiananmen Mothers Campaign
Movement for Democracy in China (Calgary)
Friends of Conscience
China Human Rights Lawyers Concern Group
League of social democrats
Tsing Yi Residents Rights and Interests Service Society
Hong Kong Social Workers` General Union
The Association for the Advancement of Feminism
The Democratic Party
Labour Party (Hong Kong)
Hong Kong Confederation of Trade Unions
Office of Dr. Kwok Ka Ki, Legislative Council Member
Citizens Radio
Office of Tsang Kin Shing District Councillor
June 4th Action
Civil Human Rights Front
Hong Kong Christian Fellowship of Social Concern
Concerning CSSA and Low Income Alliance
Retail, Commerce and Clothing Industries General Union
Christian Social Workers
Hong Kong Professional Teachers’ Union
Concern the Future of Hong Kong
CIVIC PARTY
—————
註:六四紀念館已於9月15日重新開放,繼續舉辦「走在抗極權最前線——從『八九六四』到『反送中』」主題展覽,同時舉辦「中港被囚異見人士」專題展(至10月31日),介紹異見人士的事蹟,誠邀參觀及報導。查詢:2459 6489(電話/WhatsApp)、 64museum@alliance.org.hk (電郵)
—————
#十一 #六四 #反送中 #人權 #言論自由 #humanrights #freedomofspeech #june4