#Opinion by Martin Lee 李柱銘 ︱"The ones who use lies to mislead the public are often those in power. In a totalitarian society, only the government has the right to speak about the “truth”. The laws that are made to eliminate false information in the name are doomed to be reduced to tools to suppress dissidents. Those who seek the truth and whistleblowers will be falsely accused and persecuted. In more serious cases, groundless charges would be slapped onto these people, depriving them of freedoms; in lighter cases, those accused would still be stigmatized and eventually even lose their jobs."
Read more: https://bit.ly/2Zd1bRH
"向來利用謊言來誤導公眾的,通常都是當權者。而在極權社會,更是只有政府才擁有「真相」的話語權,名義上為杜絕虛假消息訂立的法例,卻勢必淪為打壓異己的工具。那些追尋真相者和吹哨人反而會被誣告、遭逼迫,重則被扣上莫須有的罪名,被剝奪自由,輕者也會被污名化,甚或丟掉工作。"
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Liu Xiaoming, the Chinese ambassador to the United Kingdom has slammed Britain's "groundless accusation" against the disqualification of four Hong Kong lawmakers from the city's legislature.
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中國駐英國大使劉曉明反駁英國就人大有關議員資格的決定是「無端指摘」。
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我在《橙新聞》最新的英文評論文章😎😎😎
https://apps.orangenews.hk/app/common/details_html…
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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