羅傑斯:香港一國兩制玩完 Benedict Rogers: Hong Kong’s ‘one country, two systems’ is over

作者Author: 羅傑斯 (Benedict Rogers) Hong Kong Watch co-founder
原文連結:https://www.spectator.co.uk/article/hong-kong-s-one-country-two-systems-is-over?fbclid=IwAR2sPCU5iLXb5ApLPddhw8P2321UDX65iEiYvJU8fahZEGP9F1LmovowvVk

中国共產黨昨日(5月21日)的公告終結了香港的「一國兩制」,並厚顏無恥地衝擊國際秩序。這個被他們很戲劇性地改變了本質和生活方式的城市,曾經是我的家。

The Chinese Communist party made an announcement yesterday which effectively ends ‘one country, two systems’ in Hong Kong, and in so doing launched a brazen assault on the international rules-based order. They have also dramatically changed the very nature and way of life of the city which was once my home.

六年來,北京政權持續收緊對香港的管治,初時它巧妙地蠶食香港的自由,但近來急劇加速,撕破它在移交前與英國訂立國際條約時的承諾。

Over the past six years, the regime in Beijing has increasingly tightened its grip on Hong Kong, eroding its freedoms initially subtly but more recently with dramatic acceleration, and tearing up the promises it made in an international treaty with Britain before the handover.

昨天終於敲響了最後的喪鐘:在北京的國務院公告引入國安法,包括嚴懲顛覆國家政權及與勾結外國勢力。後者可使香港人向英國議員簡報變成「罪行」,當然包括本人及我創立的Hong Kong Watch在內。在2017年,因為北京的介入,我被拒絕入境香港。根據新法例,我再也不能回到這個我在23年前移交後開展首5年職場生涯的城市了。更重要的是我的香港朋友很可能因為與我閒話家常而被關進牢獄。

But yesterday came the final, most blatant nail in the coffin: the announcement that the National People’s Congress in Beijing will introduce national security legislation which will include draconian punishments for ‘subversion’, secession’ and ‘colluding with foreign political forces’. The latter ‘crime’ could make it illegal for Hong Kongers to brief Members of Parliament in Britain – and certainly to partner with me and the advocacy organisation I founded, Hong Kong Watch. In 2017, I was denied entry to Hong Kong on Beijing’s direct orders. Under this new law, I may never be able to return to the city where I began my working life during the first five years after the handover 23 years ago. More importantly, my Hong Kong friends could be jailed for talking to me.

國安法本身並不一定是問題。每個國家都有責任保障國家安全。不過絕不應為此踐踏基本人權與自由。基本法23條,香港的小憲法,需就某些情況引入國家安全法,但反對者駁斥,除非香港有基本法承諾了的普選,否則國安法會帶來危險。現正推行的法例,違反香港身為《公民權利及政治權利國際公約》簽署人的承諾。最後一任港督彭定康講過,此乃對這城市自治、法治及基本人權的全面衝擊。

A national security law in itself is not necessarily a problem. Every country has a responsibility to protect its national security. But this should never be at the expense of fundamental rights and freedoms. Article 23 of the Basic Law – Hong Kong’s mini-constitution – requires national security legislation to be introduced at some stage, but opponents have argued that until Hong Kong has universal suffrage, which the Basic Law also promises, such a law would pose a danger. The proposed law as it stands is a flagrant violation of Hong Kong’s obligations as a signatory to the International Covenant on Civil and Political Rights. As the last governor of Hong Kong Chris Patten says, it is ‘a comprehensive assault on the city’s autonomy, rule of law and fundamental freedoms’.

根據此法例,在香港原被視為正常的活動或許變成罪行。彭定康在本週較早時網上聯絡過香港外國記者協會,遲點這會否變成罪行?國際特赦組織在香港有辦公室,新法案會將他們置於何地?

Under this law, activities counted as normal in Hong Kong may become criminal. Lord Patten addressed the Foreign Correspondents Club online earlier this week: will that soon become a crime? Amnesty International has offices in Hong Kong: where will the new law leave them? 

2018年十月,「香港民主之父」李柱銘在伯明翰參與(英國)保守黨會議,隨行者有戴耀庭及最年輕立法會議員羅冠聰(後來被以在宣誓引用甘地為由取消資格)。遲點這會否犯法?事實上上述三人在近年都因和平示威而被捕,這表明在新例下即使最基本的集會自由也被禁止。

In October 2018, the ‘father’ of Hong Kong’s democracy movement Martin Lee addressed a fringe meeting at the Conservative party conference in Birmingham, together with academic Benny Tai and Nathan Law, who had been elected the youngest member of the legislative council (and was later disqualified for quoting Mahatma Gandhi in his oath). Would that be an offence soon? The fact that all three have in recent years been arrested for entirely peaceful protest suggests that under this new law, even the most basic right to demonstrate could be banned.

2003年的廿三條已使50萬人上街,而比引入有爭議的法例更差的是那個利用全國人民代表大會輾壓過去的想法,完全是繞過正常程序,致命地趕絕香港立法會。這是一個嘲諷,對他們偽稱中英聯合聲明承諾過「高度自治」有險可守的嘲諷。再者,基本法規定廿三條需由香港政府落實,而非北京。

Even worse than introducing this controversial law – which drew 500,000 people onto the streets the last time it was attempted in 2003 – is the idea of ramming it through via the national people’s congress, completely bypassing – and thus fatally neutering – Hong Kong’s legislative council. It makes a mockery of any remaining pretence of the ‘high degree of autonomy’ promised by the Joint Declaration. Moreover, the Basic Law requires that Article 23 be activated by the Hong Kong government ‘on its own’ – not from Beijing.

這法律(國安法)不止毀滅香港自由、衝擊國際秩序,並破壞亞洲其中一個最開放的城市,該城市直至現在仍是媒傳及國際公共機構的地區中心。這直接威脅香港身為全球頂級國際金融中心的地位。香港之重要在於它是全球貿易中心,而其經濟奇跡是一系列高品質所支撐:自由經貿、言論自由、事事透明、法治以及都市自治。中国政權似乎在拆去這些,這會拆除香港身為國際金融中心的可能性。

This law does not only destroy Hong Kong’s freedoms, insult the international rules-based order and undermine one of Asia’s most open cities, which has until now been a regional hub for media and international civil society organisations, it also directly threatens Hong Kong’s status as one of the world’s most important international financial centres. Hong Kong matters as a global trading hub, but its economic success is as a result of the qualities that underpin it: free trade, freedom of expression, transparency, the rule of law and the city’s autonomy. Dismantle these, as the Chinese regime seems intent on doing, and you unravel its viability as a global financial centre.

長久以來,國際組織來說,強力、迅速及聯合的行動都遠水難救近火。因為聯合聲明,英國一直對香港有道德及法律責任,而英國已進退有度地對香港自由及自治被侵蝕一事作出最佳回應。現在一國兩制被公然踐踏,是時候比踢一踢郁一郁式的回應多做一點。是時候由首相發聲。當英國有份簽署的國際條約被另一方撕毀,首相有義務站出來。

So for the international community, the time for robust, rapid and co-ordinated action is long overdue. For too long Britain – which has both a moral and a legal obligation to Hong Kong under the Joint Declaration – has been at best tepid in its response to the ever-increasing erosion of the city’s freedoms and autonomy. Now we have such a blatant stab at the very heart of one country, two systems, it is time for more than the usual limp rote-like ‘monitoring closely’ statements which are trotted out by the Foreign Office. It is time for the Prime Minister himself to speak out. When an international treaty to which Britain is a signatory is ripped up by the other side, the Prime Minister needs to take a stand.

在香港主權移交前一年,時任首相梅傑爵士(Sir John Major)寄語香港:「若有任何人違反聯合聲明,我們有義務尋求所有法律及其他途徑。」現在是時候兌現他的承諾。

A year before the handover Sir John Major, as prime minister, said in Hong Kong: ‘If there were any suggestion of a breach of the Joint Declaration, we would have a duty to pursue every legal and other avenue available to us’. It is time to make good on his promise.

英國應帶領盟友籌組國際聯絡小組,以回應北京對香港的暴行。我們需要執行馬肯尼茨基法案式的制裁,同時考慮於國際法庭控告中国違反英中聯合聲明。

Britain should take the lead in establishing an international contact group of like-minded allies to coordinate a global response to Beijing’s assault on Hong Kong. We should impose Magnitsky-style sanctions. And we should explore the possibility of bringing a case against China to the International Court of Justice for breach of the Joint Declaration.

吾等實在出賣港人、背棄對其承諾及核心價值太久了。今吾等當發聲向北京當局旗幟鮮明闡明中方繼續走上不歸路之後果,莫待無法挽回時。

For too long we have betrayed the people of Hong Kong, our promises and our values. It is time to speak up and act to deliver a clear message to Beijing of the consequences if they continue down the path they are on – before it is truly too late.

Benedict Rogers is co-founder and chair of Hong Kong WatchWRITTEN BYBenedict Rogers

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