香港議會籌委會對 47 人案判決及香港政治犯問題的回應

The Hong Kong Parliament Electoral Organizing Committee (“HKPEOC”) responds to the verdict of the 47 pro-democracy activists case (“Hong Kong 47”) and the issue of political prisoners in Hong Kong

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香港議會籌委會對47人案判決及香港政治犯問題的回應
2024-6-6

香港國安法指定法官近日對民主派47人案宣判,引起國際間的重大關注,本案判詞內容頗多不合情理法之處,既踐踏司法獨立精神,也進一步損害港人爭取民主捍衛自由的公民社會力量。香港議會籌委會特此發出如下聲明:

1、香港民主派47名民主派人士因為參與2020年立法會初選而被控「串謀顛覆國家政權」罪,當局的指控不僅顯示國安法條文嚴苛不合理,也突出政治檢控的性質非常明顯。

2、47名被告及相關人士不過按照《基本法》行事,經由選舉再通過議事手段,運用《基本法》賦予立法會權力,包括否決財政預算案,是正常議會職能範圍。議員表決預算案權力、特首解散立法會的機制都是法律訂明的合法手段,在普通法體系中並不可能構成違法行為。

3、47人案判詞反映港共政權及中共缺乏尊重真正法治的意願,輸打贏要,現行法例悉被武器化,控罪之荒謬矛盾,得未曾有;縱使香港人遵法行事,但只要不符合政權宣傳的主旋律,均可告將官裏,政治檢控橫行無忌,以至多人未審已先囚多年。

4、港共當局近日在「六四」35周年前夕拘捕鄒幸彤及她的母親合共8人,首次以3月下旬通過的23條控告煽動意圖罪。香港國安警近日逮捕前支聯會副主席鄒幸彤等8人,控以違反《基本法》23條,指他們在臉書頁面發表「六四」事件35周年相關內容,認為導致「煽動憎恨政府」。警察28日逮捕6人:鄒幸彤、鄒幸彤之母鄒劉華珍、前支聯會常委劉家儀、關振邦、民主派前區議員陳劍琴、民主派政團社民連成員李盈姿;隔日逮捕關振邦之妻潘幼翠,在接近六四之日又拘捕了鄒幸彤的舅父。

5、從47人案到逮捕鄒幸彤等8人,具體而微反映出港共政權極脆弱一面,不斷以法律之名遂行政治鎮壓之實,把所有異議人士包括黎智英等打成政治犯,利用一切手段送入大牢,目的只有一個:把特區變成無聲的香港,從而達到恐嚇市民不得批評政府施政的目的。

6、港共政權要把參與立法會初選的港人加以拘禁、判刑,恰好證明香港人九七年後縱使按照《基本法》的規定行事都被政權視為顛覆行為,47人案足以反映中共無法無天的本質。由此更顯出籌辦中的香港議會(Hong Kong Parliament)選舉極具迫切性,通過不受中共干預的一人一票真普選,更能彰顯本土民意,港人福祉方才得到真正保障。

7、香港議會籌委會認為,歷年這些被打壓的港人全屬政治犯,是無罪的正義香港兒女,為爭取香港人理應享有的民主、自由、人權和法治這類普世價值而遭牢獄之苦。港共政權必須立即釋放包括黎智英、鄒幸彤在內所有政治犯。

8、西方國家亟需通過更強硬手段對付打壓自由人權、破壞香港自治的涉事官員,向特區和中共相關官員實施簽證限制只屬最起碼懲罰行動,理應加大力度,針對中港官員採取制裁行動,以及凍結官員以及他們直屬親人的海外資產。

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Press Release

The Hong Kong Parliament Electoral Organizing Committee (“HKPEOC”) responds to the verdict of the 47 pro-democracy activists case (“Hong Kong 47”) and the issue of political prisoners in Hong Kong
June 6th, 2024

The Hong Kong National Security Law-designated judge recently pronounced a verdict on the case of 47 pro-democracy activists, which has attracted great international attention. The verdict in this case is quite unreasonable and unlawful which not only tramples on the spirit of judicial independence, but also further damages the civil society strength of Hong Kong in their fight for democracy and freedom. The Hong Kong Parliament Electoral Organizing Committee hereby issues the following statement:

1. 47 pro-democracy activists in Hong Kong were charged with “conspiracy to subvert state power” for participating in the 2020 Legislative Council primary election (“2020 Hong Kong pro-democracy primaries”). The authorities’ accusation not only shows that the provisions of the National Security Law are draconian and unreasonable, but also highlights that the nature of political prosecution is very obvious.

2. The 47 defendants and related persons only acted in accordance with the Basic Law. They used the power granted to the Legislative Council by the Basic Law through elections and then through parliamentary means, including vetoing the financial budget bill, which is completely within the scope of normal parliamentary functions and in accordance to the Basic Law. The power of members to vote on the financial budget bill and the mechanism for the Chief Executive to dissolve the Legislative Council are both legal means stipulated by law, and they shall not constitute any illegal acts in the common law system.

3. The verdict of Hong Kong 47 case reflects that the Hong Kong Communist regime and the Chinese Communist Party (CCP) lack the willingness to respect the genuine rule of law. They pursue the legal proceeding if they win the case, while amending the law if they lose. The current laws have been weaponized, and the absurd and contradictory charges have never been seen before. Even if Hong Kong people abide by the law, as long as they do not conform to the main theme of the regime’s propaganda, they can be sued. Political prosecutions are rampant, so that many people have been imprisoned for many years even before trial.

4. The Hong Kong authorities recently arrested Chow Hang-tung and her mother, a total of 8 people, on the eve of the 35th anniversary of the “June 4th Incident”. For the first time, they were charged with the crime of incitement under Article 23 of the law passed in late March 2024. The Hong Kong National Security Police recently arrested Chow Hang Tung, former vice chair of the Alliance in Support of Patriotic Democratic Movements of China, and 7 others, and charged them with violating Article 23 of the Basic Law. They were accused of posting content related to the 35th anniversary of the “June 4th Incident” on their Facebook page, which was considered to have led to “inciting hatred of the government.” The police arrested 6 people on 28th May 2024: Chow Hang Tung, Chow’s mother Chow Lau Wa Jan, former Alliance Standing Committee member Lau Ka Yee, Kwan Chun Bong, former Democratic Party district councillor Chan Kim Kam, and member of the Democratic Party political group League of Social Democrats Li Ying Ji; the next day, Kwan Chun Bong’s wife Pun Yau Cheui was also arrested. Close to 4th June, Chow Hang Tung’s uncle was also arrested.

5. From the Hong Kong 47 case to the arrest of Chow Hang Tung and 7 others, the Hong Kong Communist regime has concretely reflected the extremely fragile side of their rule. It has been constantly carrying out political repression in the name of law, labeling all dissidents including Jimmy Lai (Jimmy Lai Chee Ying) as political prisoners and using all means to send them to prison. The only purpose is to turn the SAR into a silent Hong Kong, thereby intimidating citizens from criticizing the governments of Hong Kong and China as well.

6.The Hong Kong authorities wants to detain and sentence Hong Kong people who participated in the 2020 Legislative Council primary election, which just proves that even if the citizens act in accordance with the provisions of the Basic Law after 1997, they are still regarded as subversive by the regime. The Hong Kong 47 case suffices to reflect the lawless nature of the CCP. This further shows that the Hong Kong Parliament Election that scheduled to vote later this year are extremely urgent. Through a genuine universal suffrage with “one person, one vote” without the interference of the CCP, the citizens’ opinion can be better demonstrated, and the welfare of Hong Kong people can be truly guaranteed.

7. The Hong Kong Parliament Electoral Organizing Committee believes that all those oppressed Hong Kong citizens over the years are political prisoners. They are innocent and righteous sons and daughters of Hong Kong who have been imprisoned for fighting for universal values such as democracy, freedom, human rights and the rule of law that Hong Kong people deserve. The Hong Kong authorities must immediately release all political prisoners, including Jimmy Lai and Chow Hang Tung.

8. Western countries urgently need to take tougher measures to deal with officials involved in suppressing freedom and human rights and undermining Hong Kong’s autonomy. Imposing visa restrictions on officials of the SAR and the Communist Party is only the minimum punishment. They should enhance sanctions on Chinese and Hong Kong officials, freeze the overseas assets of those officials and even their immediate family members.

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News Contact: Mr Victor LM HO
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