Statement of the 712 Foundation in response to National People’s Congress of the People’s Republic of China’s decision to implement the National Security Law in Hong Kong


一國兩制的「兩制」本身容許在港人士擁有的言論、集會及新聞自由,而如果國安法在港實施,未來政權就會用香港人原本最引以為傲的獨立法律制度,瓦解香港對中共不利之言論與社會運動,把一國兩制之諾言踐踏得體無完膚。國安法徹底剝奪香港人的民主、人權與自由的發展空間,更對在港活動的各國人士與國際組織造成嚴重威脅。惡法當前,白色恐怖瀰漫社會各界,大眾面對中共監視與打壓自由的恐懼情緒,亦反映在金融體系及網絡平台中。若中共繼續單方面實施國安法,最終只會成為「黨人治港、全面管治」,進一步破壞香港的國際地位。 林鄭月娥作為香港執政者,更是完全放棄守護「兩制」原則。港共政權淪為極權傀儡,儘管早前大律師公會指出人大無權納「港區國安法」入基本法附件三,草案無法保證會否符合《公民權利和政治權利國際公約》的問題,林鄭月娥仍然無動於衷,毫無顧及多個外國政客及市民的反對聲音。我們亦發現部分建制派人士提及在不少國家都存在國安法,但卻忽略了其他國家存在民選政府及行政、立法、司法三權分立政治體制的事實。反觀本港及中國政權則缺乏完善的權力制衡機制,在兩種不同政治體制的情況下絕對不能相提並論。


721基金會 2020年5月26日 網站: www.721hk.org 電郵: info@721hk.org 捐款: www.721hk.org/donations

While the anti-extradition movement has yet to settled, another wave of social upheaval arose when the Communist Part of China (‘CPC’) tried to implement the ‘Decision of the National People's Congress on establishing and improving the legal system and enforcement mechanisms for the Hong Kong Special Administrative Region to safeguard national security (Draft)’ (the ‘national security law’) in Hong Kong. By adding the national security law into Annex III of the Basic Law, the CPC could circumvent the law-making process where the bill would be debated and reviewed by elected members of the Legislative Council. This is a complete disregard of the principles of ‘Hong Kong people ruling Hong Kong’ and ‘a high degree of autonomy’ enshrined in the Basic Law. During the protest last Sunday (24th), the Hong Kong Police Force once again fired tear gas, pepper balls and mobilized water cannon trucks to disperse the crowd, suppressing those who hold, and are fully entitled to hold, dissenting opinions. The Foundation will stand firmly with our fellow HongKongers on this matter. We strongly oppose to the forceful implementation of the national security law and condemn whoever insist on such implementation.

The very concept of ‘one country, two systems’ places as much stress on the latter part, if not more, as the former. Having two distinct systems enables Hong Kong citizens to enjoy freedom of speech, assembly and press. If the national security law is to be implemented in Hong Kong, our independent legal system which we take pride in would be abused by the future regime and used as a tool to eliminate political opposition, shattering the promise of ‘one country, two systems’. Not only would the implementation of the national security law stunt the development of democracy and human rights in Hong Kong, it would also constitute a serious threat to foreigners and international organizations operating in Hong Kong. In the face of such evil law, white terror has gripped the city - people’s fear for CPC’s mass surveillance and suppression is reflected on the financial system as well as the online platforms. If the CPC decides unilaterally to implement the national security law, ‘one country, two systems’ and ‘Hong Kong people ruling Hong Kong’ would eventually become nothing more than a tale. Hong Kong’s status quo in the world would be harmed even more than before.

As the leader of Hong Kong, Carrie Lam Cheng Yuet-ngor has completely failed her people when she gave up on safeguarding the ‘two systems’ between Hong Kong and China. The Hong Kong government has become a puppet of the authoritarian regime. Recently, the Hong Kong Bar Association has questioned Beijing’s legal power to enact the national security law and raised concern as to whether the draft is in line with the International Covenant on Civil and Political Rights. However, despite the oppositions and skepticisms from the general public, the professionals and even the foreign politicians, Carrie Lam and her government continue to turn a blind eye to the issue. Alongside with the Government’s incompetency, we notice that the pro-establishment camp attempted to justify the implementation of the national security law by claiming that national security laws are a common global practice. This assertion may prima face be true, however, it fails to consider the fact that an elected government and separation of powers shall be the prerequisite of such implementation of the law. Therefore, without a comprehensive check and balance of power, the Hong Kong government and the CPC regime can in no way be compared to their counterparts in other jurisdictions.

Our Foundation strongly urge the regime to stop the suppression on those who treasure freedom and autonomy, to observe its international obligations, and to let Hong Kong people take things back into our own hands. In the face of a tyranny, our Foundation will fight side by side with our fellow HongKongers and speak up against injustice. May glory be to Hong Kong.

721 Foundation 2020/5/26 Website: www.721hk.org Email: info@721hk.org TG: t.me/foundation721 FB: www.facebook.com/721FOUNDATION/

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