美議員邱豪推《香港自治法》制裁金融 US Congressman Ted Yoho introduce “Hong Kong Autonomy Act” to Sanction financial entities

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美國眾議院共和黨議員邱豪(Ted Yoho)上週參與香港監察執行、前港督彭定康帶領,全球36國逾700政要參與之撐港聯署,並指出不能簽完就算,要有後續行動。而他自己就與民主黨眾議員畢舒曼(Brad Sherman)攜手引入《香港自治法》(Hong Kong Autonomy Act)。該法針對違反《中聯英合聲明》及《基本法》的個人及公司,並實施金融制裁,範圍包括支持國安法者。他表示,此乃他們保衞香港人權及自由的第一步。他形容,美國上週對中國之大動作為兩國關係的分水嶺。

U.S. Republican Congressman Ted Yoho signed the joint statement launched by Hong Kong Watch and led by former Hong Kong Governor Chris Patten, which signed by over 700 MPs, policy makers and leaders over 36 countries. According to Ted Yoho, “But it will take more than harsh words to solve the issue at hand.” He and Democratic Congressman Brad Sherman introduce “Hong Kong Autonomy Act”, and it would sanction those financial entities who involved in violating “Sino-British Joint Declaration” and “Basic Law”.

轟北京過橋抽板

邱豪指出,中共既要借香港特殊地位在國際貿易中獲利,又要侵蝕香港自治。多年來北京一直侵蝕香港自治權,《香港國安法》只是壓跨「一國兩制」的最後一根稻草。他認為,香港對國際投資者來說是無可取替的金融中心。國安法會毀滅法治、破壞香港作為寰球金融中心的基石,並趕走企業及人才,嚴重影響寰球經濟。

According to Ted yoho,CCP has chipped away at the city’s autonomy while reaping the financial benefits from its special trade status with the rest of the world. The imposition of national security legislation on Hong Kong—which would violate the “One Country, Two Systems” model—is the final straw. National security legislation will spur an exodus of international businesses and news organizations along with Hong Kong’s skilled international workforce. This will have huge financial consequences for the global economy.

籲捍衞國際秩序

他形容《香港國安法》違反國際秩序。他反問,若習近平無打算維持中共對香港的承諾,國際社會又如何相信中共會遵守國際條約?他分析,實施國安法的時機絕非巧合,而是習近平算計過武漢肺炎後寰球忙於恢復經濟及健康,從而打賭不少國家不願為了香港和中國資金對著幹。美國政府必須聯合英國、歐盟、G7、NATO等國際夥伴去證明習近平是錯的。他又表示,主權移交的條款清楚明白。落實執行需要世界意識到北京撕毀盟約。如果國際社會不齊心向北京施壓使其收回惡法,之後幾十年全球都有排受。

He said national security legislation is a direct challenge to the international rules-based order itself. He said “If the Chinese Communist Government and President Xi are unwilling to keep their word when it comes to Hong Kong, how can the world trust them on other international commitments. The timing of this national security legislation is not a coincidence.” Yoho said: “President Xi Jinping is relying on the international community’s focus on recovering from the economic and public health consequences of COVID-19 to distract from developments in Hong Kong. He is gambling that many countries are not willing to risk Chinese investment and trade by standing up for the island territory. The US Government must unite with our international partners, including the United Kingdom, European Union, members of the G7, and NATO, to prove him wrong.” At the end, he said “The terms of the Handover Agreement were clear. Sound policymaking requires the world to recognize that Beijing has broken its word and to act accordingly.”

其原文及中譯版如下:

Op Ed: National Security Law
Rep. Ted Yoho

蓬佩奧上週公告美國不會承認香港為北京以外擁有獨立自治地位之政府,總統唐老侵取消美港引渡條約,以及取消香港特別出口地位,是美中關係分水嶺。中共既要借香港特殊地位在國際貿易中獲利,又要侵蝕香港自治。多年來北京一直侵蝕香港自治權,《香港國安法》只是壓跨「一國兩制」的最後一根稻草。

Secretary of State Pompeo’s announcement last week that the US Government will not certify Hong Kong as autonomous from Beijing followed swiftly by President Trump’s decision to suspend the US- Hong Kong extradition treaty and revoke the city’s special export status, is a watershed moment in the US-China relationship. For years, the Chinese Communist Party (CCP) has chipped away at the city’s autonomy while reaping the financial benefits from its special trade status with the rest of the world. After so many infringements on Hong Kong’s model of self-governance, the imposition of national security legislation on Hong Kong—which would violate the “One Country, Two Systems” model—is the final straw.

香港正處於十字路口,這城市的命運將於數週內揭盅。究竟香港繼續是國際中心,抑或是成為一個普通的中国城市,行使基本人權也動軋得咎?中国跳過香港立法機關,全方位實施《香港國安法》,違反《中英聯合聲明》承諾過的高度自治,並將大量「煽動」、「顛覆」、「勾結外國勢力」之類含糊控罪合法化,並由臭名遠播的中国國安局執行,是為首次中国機構在港執法。

Hong Kong stands at cross-roads. In the days and weeks ahead, the city’s immediate future will be decided. Will Hong Kong continue to be an open city and a major international financial center? Or will it become yet another Chinese territory under the strict authoritarian grip of the CCP, where basic freedoms are outlawed, and protest is met with swift punishment?

These two futures are as stark as night and day, and they illuminate the severity of the deteriorating situation in Hong Kong following an announcement by the CCP that it will unilaterally impose national security legislation on Hong Kong and bypass the authority of the city’s legislative body. This flagrantly violates China’s commitments under the Sino-British Joint Declaration to maintain Hong Kong’s autonomy, and would authorize a number of vague draconian charges including ‘sedition, ‘subversion’, and ‘colluding with foreign forces’.  These charges would be enforced by the Chinese National Security Bureau, who maintains a reputation for torture, handpicks judges loyal to Beijing, and would be operating in the city for the first time.

「一國兩制被毀」,香港自治死亡,皆為眾人之事。對國際投資者來說香港乃無可取替的金融中心,過去數年近千億美元經香港流入中国市場,香港更是全港最大離岸債券中心。香港高度自治、資訊透明、普通法法制、獨立海關,都是香港賴以保持金融中心的重要因素。香港政府聲稱投資者毋須害怕新設之國安法,但國安法會毀滅法治、破壞香港作為金融中心的基石,並趕走企業及人才,嚴重影響寰球經濟。

The destruction of “One Country, Two Systems” and the death of an autonomous Hong Kong is a matter that should concern everyone. Hong Kong remains an indispensable financial center for international investors, with $95 billion in Western investment flowing into mainland capital markets via Hong Kong between 2016 and 2019. The city is also the largest offshore center for bond sales globally and was home to 73% of all initial public offerings from Chinese mainland companies between 2010 and 2018.

Hong Kong’s intrinsic value to the international financial system makes the abrupt encroachment from mainland China all the more concerning, as the city’s continued role as a global financial centre is directly linked to its autonomous status, the free exchange of information, its common law system, and its separate customs status. 

Despite claims by the Hong Kong Government that international investors have nothing to fear from new national security laws, their imposition will eliminate any pretence of the rule of law and sabotage the city’s viability as an international financial center. It will spur an exodus of international businesses and news organizations along with Hong Kong’s skilled international workforce. This will have huge financial consequences for the global economy, turning a COVID induced recession into a CCP sponsored depression and unleashing untold misery for many of the world’s poor.

影響香港自治不止影響香港人,更影響國際秩序。若中共及習近平不打算維持對香港的承諾,我們又如何相信中共在國際條約上守信?實施國安法的時機絕非巧合,而是習近平算計過武漢肺炎後寰球經濟及健康正在恢復,他賭不少國家不願意為了香港和中国資金對著幹。美國政府必須聯合英國、歐盟、G7、NATO等國際夥伴去證明習近平是錯的。我們見識過新彊集中營、對台威脅。若不為香港站出來,將會背叛幾十年來的承諾及導致新鐵幕。

The violation of Hong Kong’s autonomy is not only a threat to the way of life of the people of Hong Kong but also a direct challenge to the international rules-based order itself. If the Chinese Communist Government and President Xi are unwilling to keep their word when it comes to Hong Kong, how can the world trust them on other international commitments, especially those governing nuclear proliferation, global health security, trade and the territorial integrity of its neighbors.

The timing of this national security legislation is not a coincidence. President Xi Jinping is relying on the international community’s focus on recovering from the economic and public health consequences of COVID-19 to distract from developments in Hong Kong. He is gambling that many countries are not willing to risk Chinese investment and trade by standing up for the island territory. The US Government must unite with our international partners, including the United Kingdom, European Union, members of the G7, and NATO, to prove him wrong.

We have already witnessed the oppression of over a million Uighurs and other ethnic minorities imprisoned in concentration camps in Xinjiang. We have seen China’s campaign of extortion over its neighbours through a mixture of intimidation and debt trap diplomacy. We continue to witness threatening rhetoric and military moves made towards Taiwan. Failing to stand with the people of Hong Kong now would betray decades of promises and commitments made by nations everywhere and herald the fall of a new iron curtain.

幸甚不少人為此發聲,最近我參加了由香港監察發起、前港督彭定康帶領之聯署,由來自32個國家超過350名立法者聯合譴責中共違反《中英聯合聲明》,不過強硬措詞不及實際行動。

Thankfully, some are speaking out. I recently joined an international coalition, led by former Governor of Hong Kong Lord Patten, comprised of over 350 lawmakers in 32 countries who condemned the CCP’s breach of the Joint Declaration and called for sympathetic governments everywhere to stand with the people of Hong Kong. But it will take more than harsh words to solve the issue at hand.

北京必需自知此乃自毀行為,繼續下去會毀滅香港、無可挽救地損害美中關係,在地緣政治上為國際社會帶來連鎖效應。中共必需浪子回頭,放棄國安法,尊重屬於香港人的自由與人權。若習近平不打算及早回頭,國際社會必需撐香港。國務卿的公告是重要一步,但我們必須準備好接下來以聯合聲明之名懲罰破壞香港自治的個人或企業。

Beijing must recognise the self-destructive nature of its actions. If they continue down this path, it will destroy Hong Kong, irreparably damage US-China relations, and set off a chain of events with serious geo-political consequences for the entire international community. The CCP must come to their senses, drop the national security law, and respect the rights and freedoms afforded to the people of Hong Kong.

If President Xi Jinping is unwilling to backdown, the international community must be ready to stand with Hong Kong. The announcement by the Secretary of State is an important step, but we must be ready to go further and punish those individuals and businesses who deliberately violated the city’s autonomy under the terms of the Joint Declaration.

這是為何我參與畢舒曼引進《香港自治法》,該法針對違反根據《中聯英合聲明》及《基本法》底下中国對港義務,在個人及銀行層面制裁。這僅為我們保衞香港人權及自由的第一步。

This is why I have joined forces with Representative Brad Sherman in introducing the Hong Kong Autonomy Act, which would impose mandatory sanctions on individuals and banks that violate China’s obligations to Hong Kong under the Joint Declaration and the Basic Law. This is only the first step of many towards protecting the rights and freedoms of those in Hong Kong.

主權移交的條款清楚明白。落實執行需要世界意識到北京撕毀盟約。如果國際社會不一齊向北京施壓使其轉軚,之後幾十年我們有排受。

The terms of the Handover Agreement were clear. Sound policymaking requires the world to recognize that Beijing has broken its word and to act accordingly. If the international community doesn’t come together to pressure Beijing to reverse course now, then we will all live with the disastrous consequences for decades to come.

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