6月10號凌晨在立法會門外和灣仔街頭發生的暴力事件,令到幾乎每一個香港市民都感到深深的憂慮,難道五年前的違法「佔中」和暴力衝突又要再次重演?這是絕大多數市民都不願意看到的!

Violent outbursts unfolded on June 10 on the steps of the Legislative Council and the streets of Wan Chai, grabbing the attention of every Hong Kong citizen who questioned whether the “illegal” Occupy Central with Love and Peace movement would occur again.

保公義撐修例大聯盟强烈譴責蓄意製造暴力衝突者,全力支持香港警察維護社會秩序的果斷行動,要求特區政府加强執法力度,懲戒不法分子。作爲一個律師,本人也呼籲社會各界無論有什麽不同的看法,都要理性守法地表達意見,絕不能使用暴力違法的手段。

The General League of the People’s Republic of China strongly condemned those who deliberately created violent conflicts and fully supported the decisive action of Hong Kong police to maintain social order. They also demanded that the Special Administrative Region’s (SAR) government strengthens law enforcement and punish criminals. As a lawyer, I also appeal to all sectors of society to express their opinions rationally and in a law-abiding way, regardless of their different views. We should never use violent and illegal means.

香港是多元化的社會,大家對一個問題有不同的看法,是很正常的事情,有不同的意見完全可以站出來表達。對於6月9日的游行,大批市民不顧炎熱,不怕長時間等候,走上街頭表示意見,積極參與社會事務,本人相當敬佩。

Hong Kong is a pluralistic society. It is normal for people to have different views on a single issue as different opinions should be expressed. Despite the hot weather and the long wait during the rally on June 9, people were continued to express themselves. They took to the streets to declare their opinions and actively participate in social affairs.

不過,在提出反對意見之前,也要先去看看《逃犯條例》修訂草案的具體内容,這樣才有建設性的討論的基礎。我想請教一下游行的組織者:上街反對的人裏面,究竟有多少人完整地看過草案的内容?有多少人知道逃犯移交的法律原則及嚴謹程序?有多少人知道特區政府及法院,對是否移交有決定權?又有多少人知道條例的修訂,主要針對在内地、台灣、澳門犯了七年以上重罪的逃犯,與絕大多數奉公守法的香港市民沒有任何關係?

However, before you oppose the bill, we must first look at the specific content of the revised draft of the Fugitive Offenders Ordinance so that there is a constructive basis for discussion. I would like to ask the organizers of the rally: how many people in the street, who are protesting against the bill, have read the contents of the draft thoroughly? How many people can comprehend the legal principles and rigorous procedures for the transfer of fugitives? How many people understand that the Hong Kong government and courts have the power to decide whether a fugitive is to be transferred? How many people have realized that the amendments to the ordinance mainly target fugitives who have committed felony crimes that require up to seven years in prison in Mainland China, Taiwan and Macau? How many people know that this does not affect the law-abiding people of Hong Kong?

我留意到一些市民在接受媒體訪問,談到他們爲什麽要反對修訂和參加游行時,不外有這樣幾種意見:

I have noticed that when discussing why they oppose the ordinance with the media, members of the public have expressed similar opinions.

一是質疑點解要這麽急立法?背後是否有不可告人的目的?

First, they doubt that this form of legislation is in need of change and question whether there are ulterior motives behind this sudden change.

二是游行主要口號是「反送中」;

Secondly, the opinion is that the main reason for the rally is the opposition to the extradition bill to China.

三是如果唔出來,下一代就沒有機會了。

Third, people worry that if the law is passed, the next generation will have no opportunities.

其實,這些都是一些誤解及不必要的憂慮。政府早在2月底就向立法會提交了修訂草案,只是有些議員無理拖延,不讓草案進入立法程序,法案委員會開了好幾次會,連一個委員會主席都選不出來,到現在已經4個月了,立法會還有大量的事情要做,再也拖不起了!因此,政府在本周三(6月12日)將草案直上大會,也是迫不得已的事情;至於「反送中」,也是一個假議題,香港是一個法治社會,公平公義法治,都是我們尊崇的核心價值,我們與内地是一國,有什麽理由在法律上允許個別人在内地犯了重罪之後,可以在香港逍遙法外?

In fact, these are some major misconceptions and unnecessary worries. The government submitted a revised draft to the Legislative Council at the end of February. However, some members of the government have delayed the legislation, with the bill committee not even being able to elect a committee chairman. After four months of no progress, the Legislative Council has other obligations and will not be able to revisit the bill. Therefore, the Government’s move to transfer the draft to the General Assembly on Wednesday is already a last resort. As for the concerns regarding extradition, I find that it is a false issue. Hong Kong is a society ruled by law, and everybody must respect it. We are a country with the Mainland. Why would it be legal for criminals to flee to Hong Kong unpunished?

至於有部分人對内地的法制沒有信心,擔心内地可能會羅織罪名,要求把港人移交到内地,這種擔憂可以理解,也說了好多年了。但他們忽略了内地法制的進步,而且,移交逃犯是有香港政府及法院的雙重把關,大家應該對香港政府有信心,行政長官必定會全面審視每一個移交個案,確定是否應該啓動程序。同時,大家應該對香港的法院和司法制度有信心,相信法院一定能夠公平公正地依法處理,在審視所有證據之後,審慎地作出是否移交的決定。

It has been said for many years that it is understandable that people may have no faith in the legal system and may be worried about Mainland China demanding Cantonese people to be handed over. However, they have neglected the progress of the legal system in the Mainland. Moreover, the surrender of fugitives have been double checked by the government of Hong Kong and people should have confidence in the government. The Chief Executive will review every case of transfer and determine whether the procedure should even be initiated. I believe the courts will be able to deal with them impartially and after inspection of all evidence, make a decision.

涉嫌被移交的人,可以得到充分的人權保障,還可以向法院提出人身保護。這些嚴謹甚至是複雜的法律制度,可以確保不會冤枉一個沒有犯事的人,當然,也不會放過真正的罪犯。

Those who are transferred can and will receive adequate human rights protection and can also submit personal protection to the court. These complicated legal systems ensure that no innocent people are killed and that real criminals will not be let off the hook.

記得去年在圍繞「一地兩檢」的問題,社會上也有不少疑慮及反對聲音,但西九龍高鐡站開通了,每日都有數萬市民和游客進出,但所謂内地公安可以隨意拉人的事情有發生過嗎?

I remember that in the past year, the conflict was surrounding the “One country two systems” issue. After the West Kowloon High School Station was opened, hundreds of thousands of Mainland tourists flooded Hong Kong every day. People began to worry about the so-called “Mainland China public security” which allowed Mainland China to abduct people randomly?

現在,每天都有數十萬市民進出内地,又有誰無緣無故被内地抓走呢?所以,大家應該重法理,講事實,觀真相,實在無需杞人憂天。我們都是生於斯、長於斯的香港人,都希望在這個美麗富饒的東方之珠,安居樂業,實現夢想。修例就是爲了堵塞法律漏洞,打擊跨境犯罪,讓香港更加安全,社會更有保障,市民生活更加美滿,我們又有什麽理由不支持政府這樣做呢?

Who else has been abducted by the Mainland for no reason? Therefore, everyone needs to reevaluate the facts and determine the truth. There is no need to worry. We are all Hong Kong natives who were born and raised in this beautiful place. The amendments are made to block legal loopholes, combat cross-border crimes and to make Hong Kong safer. Why do we not support the government in making a more secure society? ●

 

作者為律師、「保公義撐修例大聯盟」召集人 | Author Dr. Kennedy Wong, a graduate of the University of Kent, is a solicitor of the supreme court of Hong Kong. After being admitted as a solicitor, he became a managing partner of Philip K H Wong, Kennedy Y H Wong & Co. in the 1990s. Dr. Wong is also the Chairman of the Hong Kong United Youth Association and the All-China Youth Federation. He was a part-time member of the Hong Kong government’s Central Policy Unit and a member of the Chinese People’s Political Consultative Conference, which is Beijing’s top political advisory body.

 


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