香港立法會 涂謹申議員

Hong Kong Legislative Councilor Hon. James To Kun-Sun

Carrie is misleading Hongkongers if not a liar

In response to the pacifying comments made by Carrie Lam, Hong Kong Chief Executive, today in relation to passing a national security bill for Hong Kong by the NPCSC, Democratic Party Legislator James To comments that Carrie Lam is misleading Hong Kong people if she is not a liar. James stresses that passing a security bill first before letting public know its detail content is something unimaginable in any civilized society, much worse than any third world countries under military government control. Hong Kong has come to the point of an edge, whether to remain as an international city in a civilized capital system protected by an independent judicial system or to be a city in a tyranny communist system humiliated by a rule by law system.

He cites that commercial sectors and political parties in Hong Kong have not been consulted on the content of the bill, not to mention public and international community at large. This will create a high degree of uncertainty and jeopardize public confidence in any economic activities in Hong Kong. It will destroy Hong Kong as it rolls back Hong Kong to many years in her history of open and transparent governance.

Carrie Lam said that those Hong Kong people who voice out damages of One Country Two Systems by passing of national security do not care about one country. James To rebuts that our Honourable former Chief Justice Mr Andrew Li has criticized passing a security bill in its way as it is now will have an impact to our judicial independence and that One Country Two Systems is the corner stone in our Basic Law which would be affected. Is Mr Li not caring about One Country?

James To also comments that Carrie Lam is speaking against her conscious when she is telling us that the Mainland legal system and Hong Kong legal system is about the same. Everyone including the Mainland prominent legal academics is of the view that the Mainland legal system has a lot of rooms for improvement to catch up with a civilized and modern legal system. She may be right if and when the national security bill is passed and implemented in Hong Kong because by that time Hong Kong’s judicial independence and rule of law will be destroyed and Hong Kong and the Mainland legal systems will be one and the same system.

Carrie Lam stated that the Chief Executive would appoint special judges for special courts under present system. James To rebuts clearly that under the present judicial system, the Chief Executive would not appoint special judges for criminal courts. The tribunals for financial market conduct and labour disputes are not courts as this is specified in the law. All judges are appointed by the Chief Executive upon recommendation from Judicial Officers Recommendation Commission and all appointed judges could preside at all criminal courts without further restriction from the Chief Executive. James To criticizes that Carrie Lam is telling lies openly in this regard and treating Hong Kongers idiots. By having a puppet Chief Executive to appoint a list of judges to preside criminal trials in relation to national security offences means a change to have one court two judicial systems, create a big hole in our court system and jeopardize our independent judicial systems.

James also points out that from what was stated in the NPCSC statement recently, the security bill if passed and its implementation will tremendously endanger our high degree of autonomy, judicial independence and freedoms in Hong Kong because the security law will have over-riding authority over the Basic Law and Bill of Rights in our Hong Kong Law and that Beijing Authorities could fully control all stages of its implementation, including collection of intelligence, arresting targeted suspects, prosecution and court trial in Hong Kong in addition to possibly a vague law to be interpreted by Beijing Authorities as they wish. This is not enough for Beijing Authorities for they want to secure their power to take special cases of their concern back to the Mainland using their trial system.

He explained that with the “streamline service” including national security committee, special units in the Police Force and Department of Justice, detention centers for arrested suspects and appointed judges by Beijing via the puppet Chief Executive in Hong Kong, Beijing Authorities could use the law to persecute any Hong Kong people and foreigners in Hong Kong. Detention centers were used in old times to persecute communists and nationalists and were criticized of violation of human rights. Now is that the same tactic is to be used by the communist authorities to persecute especially our youngsters with ideal for democracy, freedoms, open governance and rule of law in Hong Kong? If so, nobody will feel safe and have peace in mind in Hong Kong.

The national security bill is our last straw in defending Hong Kong legal and governance systems and our core values and Hong Kong spirits!

Democratic Party Legislator James To

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