15 Nov 2024追新聞#4239
National Security Era | Overseas Hong Kong Groups Urge Foreign Executives to Withdraw from Hong Kong Financial Summit, Condemn Its Timing Alongside Democratic Camp Trials
三大海外港人組織香港監察（Hong Kong Watch）、香港自由委員會基金會（CFHK）、香港民主委員會（HKDC）發表聯合聲明，促請外資高層不要出席下周在香港舉行的國際金融領袖投資峰會，又批評峰會與民主派初選47人案判刑及黎智英案審訊同期舉行。聲明指出席峰會不但違反聯合國的指導原則，亦會向外界發放錯誤訊息。
The three overseas Hong Kong groups Hong Kong Watch, the Committee for Freedom in Hong Kong Foundation (CFHK), and the Hong Kong Democracy Council (HKDC) issued a joint statement urging senior foreign business executives not to attend next week’s International Financial Leaders’ Investment Summit in Hong Kong. They also criticised the summit for taking place at the same time as the sentencing of the 47 defendants in the pro-democracy primary election case and the trial of Jimmy Lai. The statement said that attending the summit would not only violate the United Nations Guiding Principles but also send the outside world a misleading message.
12 Nov 2024HK01#4224
UK foreign secretary says he will continue urging Lai Chee-ying’s release; Foreign Ministry’s Hong Kong office condemns political showmanship
英國外相林德偉（David Lammy，又譯戴維拉米）上星期與壹傳媒創辦人黎智英的兒子黎崇恩及國際律師團隊會見，表示會繼續敦促港府立即釋放黎智英。
外交部駐港公署發言人斥林德偉「為反中亂港份子黎智英撐腰張目，就有關案件審理說三道四」，並對此表示強烈不滿和堅決反對。
UK Foreign Secretary David Lammy met last week with Lai Chee-ying’s son Lai Chung-yan and an international legal team, and said he would continue urging the Hong Kong government to release Lai Chee-ying immediately.
A spokesperson for the Office of the Commissioner of the Ministry of Foreign Affairs in Hong Kong condemned Lammy for “backing and speaking up for the anti-China, anti-Hong Kong element Lai Chee-ying, and making irresponsible remarks about the trial of the case”, expressing strong dissatisfaction and firm opposition.
8 Nov 2024集誌社#4218
Torture Convention report five years overdue and “missing” from UN records; rights group calls evading oversight shameful, government strongly condemns smears
聯合國《禁止酷刑公約》自 1992 年起適用於香港，港府須按《公約》提交定期報告，對上一次提交報告已是 2013 年，禁止酷刑委員會在 2015 年 11 月審議、並於 12 月發表結論性意見，就不同範疇提出多項建議，要求政府在 2019 年 12 月再提交報告交代跟進措施。不過，港府至今延誤五年仍未提交有關報告。
由海外香港人權工作者組成的香港人權資訊中心，日前（7日）發表報告，指香港自實施《國安法》後，本地防止酷刑和不人道對待的保障措施被削弱，形容「警察行動、監獄拘留及入境羈留成為酷刑及不人道對待事件的溫床」。報告指近年至少有三宗刑事案件或符酷刑定義，但律政司沒用較能反映嚴重性的酷刑罪，而已其他罪行檢控；審前扣留問題越見普遍，今年首半年、還押人士佔整體在囚人士近四成，有違司法公正原則。報告批評政府拒絕履行《公約》責任，意圖規避聯合國人權機制監督，表現「無疑是虛偽可恥」。
特區政府發言人回覆《集誌社》查詢時，未有回應為何延誤五年仍未提交報告，又強烈譴責及反對「所謂報告」對香港各方面情況的失實言論和污衊抹黑。
The United Nations Convention against Torture has applied to Hong Kong since 1992, and the Hong Kong Government is required to submit periodic reports under the Convention. Its previous report was submitted in 2013. The Committee against Torture examined it in November 2015 and issued concluding observations in December, making recommendations in various areas and requiring the Government to submit a follow-up report by December 2019. The Government has still not submitted the report, delaying it by five years.
The Hong Kong Human Rights Information Centre, an organisation formed by Hong Kong human rights workers overseas, published a report on the 7th. It said that safeguards against torture and inhuman treatment in Hong Kong had been weakened since the implementation of the National Security Law, describing police operations, prison detention and immigration detention as “breeding grounds for torture and inhuman treatment”. The report said that at least three criminal cases in recent years met the definition of torture, but the Department of Justice prosecuted them under other offences rather than the torture offence, which would better reflect their seriousness. It also said the issue of pre-trial detention was becoming more widespread: in the first half of this year, remand prisoners accounted for nearly 40 per cent of the total prison population, contrary to the principle of judicial fairness. The report criticised the Government for refusing to fulfil its obligations under the Convention and intending to evade oversight by the United Nations human rights mechanisms, calling its conduct “undoubtedly hypocritical and shameful”.
In response to enquiries from The Collective Newsroom, a SAR Government spokesperson did not address why the report had still not been submitted after a five-year delay. The spokesperson strongly condemned and opposed the “so-called report” for making false statements and smearing Hong Kong’s situation in various respects.
7 Nov 2024追新聞#4212
Hong Kong Watch report | Hong Kong government’s two “evil laws” deprive citizens of digital rights; chair of UK Parliament’s cross-party Hong Kong group Mak Dou-gwok pledges to follow up
香港監察（Hong Kong Watch）周二（5日）在英國國會發表最新研究報告，指香港政府2019反送中運動期間，數碼通訊工具在抗爭者之間的資訊共享中扮演重要的角色，但在過去幾年香港人權狀況急速惡化，在數碼權利（digital rights）的侵害不亞於其他的權利和自由，在2020年《港區國安法》與2024年《維護國家安全條例》（簡稱《基本法》23條）通過後，這首份關於香港特區數碼利的報告，概述了數碼權利的威脅及在香港及其以外地區的跨境執法的影響。
Hong Kong Watch published its latest research report at the UK Parliament on Tuesday (5th), saying that digital communication tools played an important role in information sharing among protesters during Hong Kong’s 2019 anti-extradition movement. However, as Hong Kong’s human rights situation has rapidly deteriorated in recent years, violations of digital rights have been no less serious than violations of other rights and freedoms. Following the passage of the 2020 National Security Law for Hong Kong and the 2024 Safeguarding National Security Ordinance, commonly known as Article 23 of the Basic Law, this first report on digital rights in the Hong Kong Special Administrative Region outlines threats to digital rights and the impact of cross-border law enforcement in Hong Kong and beyond.
30 Oct 2024光傳媒#4187
HKDC report｜“Astroturf groups” used to build an “S.A.R. network” and expand foreign propaganda; HKTDC and ETOs at the “core”
在美港人組織「香港民主委員會」（Hong Kong Democracy Council, HKDC）今（30日）公布最新研究報告，分析港府如何透過「偽民間團體」(astroturf groups) 以及政府組織在美國建立 「特區網絡」 (S.A.R. network) ，香港經濟貿易辦事處和香港貿易發展局則為網絡的「核心」。 另外，報告又披露《星島日報》美國版行政總裁向各州級、聯邦和地區選舉候選人捐款，總額逾40,000美元（約31萬港幣），每筆捐款均達法律上限。
研究報告題為「Uncovering the Hong Kong Government’s Subnational Foreign-Influence Campaign in America」（揭露香港政府在美國地區級大外宣）。
報告指出，位於紐約、舊金山和華盛頓的香港經貿辦為「特區網路」提供財政支持，並聘請美國政治顧問在地方層面「說好香港故事」；又指「特區網絡」有策略地針對當地媒體、智庫和企業從事地區活動，讓人權工作者或學者難以察覺。報告續指，「特區網絡」其中一個就是不斷進行「大外宣」，宣揚中共的外交政策，例如「一帶一路」，以及抨擊香港的民主運動。
The Hong Kong Democracy Council (HKDC), a Hong Kong organisation based in the United States, released a research report today (the 30th) analysing how the Hong Kong government has established an “S.A.R. network” in the United States through “astroturf groups” and government bodies. Hong Kong’s Economic and Trade Offices and the Hong Kong Trade Development Council form the “core” of the network. The report also disclosed that the chief executive of the US edition of Sing Tao Daily donated a total of more than US$40,000 (about HK$310,000) to candidates in state, federal and local elections, with every donation reaching the legal limit.
The report is titled “Uncovering the Hong Kong Government’s Subnational Foreign-Influence Campaign in America.”
It states that Hong Kong’s Economic and Trade Offices in New York, San Francisco and Washington provide financial support for the “S.A.R. network” and hire US political consultants to “tell Hong Kong’s story well” at the local level. It also says the “S.A.R. network” strategically targets local media, think tanks and businesses through subnational activities, making it difficult for human rights advocates or academics to detect. The report adds that one aspect of the “S.A.R. network” is its ongoing foreign-propaganda efforts promoting the Chinese Communist Party’s foreign policy, such as the Belt and Road Initiative, while criticising Hong Kong’s democracy movement.
24 Oct 2024明報#4174
Government strongly condemns protest in Sydney demanding release of Jimmy Lai at speech by CFA overseas judge
終審法院非常任法官祈顯義（Patrick Keane KC）於澳洲當地時間周二（22日）於悉尼演講，數人於會場外示威，要求釋放涉嫌干犯《港區國安法》受審的壹傳媒創辦人黎智英。示威者手拿「Free Jimmy Lai（釋放黎智英）」的紙板，並展示寫有「Prisoner of Conscience（良心犯）」霓紅燈牌。
政府今日（24日）表示強烈譴責，形容有人向祈顯義施以不當壓力，公然干涉香港特區正審理中的刑事案件，稱黎智英涉及《港區國安法》案件的法律程序尚在進行中，任何人均不宜評論有關案件，更不應作出不當干預，強調包括所有案件均嚴格根據證據和依照法律處理，所有被告均嚴格按照香港適用法律，並在《基本法》及《香港人權法案》的保障下接受公平審訊。
Patrick Keane KC, a non-permanent overseas judge of the Court of Final Appeal, delivered a speech in Sydney on Tuesday (22nd), local time in Australia. Several people protested outside the venue, demanding the release of Next Digital founder Jimmy Lai, who is on trial for allegedly violating the Hong Kong National Security Law. The protesters held cardboard signs reading “Free Jimmy Lai” and displayed neon signs reading “Prisoner of Conscience.”
The Government said today (24th) that it strongly condemned the protest, saying improper pressure had been brought to bear on Keane and that there had been blatant interference in a criminal case currently being heard in the Hong Kong Special Administrative Region. It said legal proceedings in the Hong Kong National Security Law case involving Lai were ongoing, and that no one should comment on the case, still less improperly interfere in it. The Government stressed that all cases were handled strictly on the basis of evidence and in accordance with the law, and that all defendants received fair trials in accordance with the laws applicable in Hong Kong and under the protection of the Basic Law and the Hong Kong Bill of Rights.
24 Oct 2024法庭線#4177
Overseas CFA Judge Lord Collins Faces Hong Kong Protest in Sydney; Government Condemns ‘Open Interference’ in Local Case
海外傳媒報道，香港終審法院海外非常任法官祈顯義周二（22 日）於澳洲悉尼出席演講，遇海外港人示威，示威者高舉「壹傳媒」創辦人黎智英的照片，及霓虹燈牌抗議，要求他辭任非常任法官。政府周四（24 日）傍晚發聲明，強烈譴責有人向祈顯義施加不當壓力，公然干涉香港特區正審理中的刑事案件。
發言人又指，就黎智英所涉的《國安法》案件，相關程序尚在進行中，任何人均不宜評論，更不應不當干預，強調包括該案在內所有案件，均嚴格按照本港法律，並在《基本法》及《香港人權法案》保障下，接受公平審訊。
Overseas media reported that Lord Collins, an overseas non-permanent judge of Hong Kong’s Court of Final Appeal, encountered a protest by Hong Kong people overseas while attending a speech in Sydney, Australia, on Tuesday (22). Protesters held up photographs of Next Media founder Jimmy Lai and neon signs, calling for him to resign as a non-permanent judge. The government issued a statement on Thursday evening (24), strongly condemning attempts to exert improper pressure on Lord Collins and openly interfere in criminal cases currently being heard in the Hong Kong Special Administrative Region.
A government spokesman said that proceedings in the National Security Law case involving Jimmy Lai were still ongoing, and that no one should comment on them, still less improperly intervene. The spokesman stressed that all cases, including this one, were being heard strictly in accordance with Hong Kong law and receiving fair trials under the protection of the Basic Law and the Hong Kong Bill of Rights.
18 Oct 2024法庭線#4158
Former Overseas Judge Jonathan Sumption Again Criticises Hong Kong’s Rule of Law and Court Rulings; Judiciary: Offensive to Courts; Government: Completely Disagrees
今年提早辭任終院海外非常任法官的岑耀信，在法律 Podcast 節目再論香港法治，指尊重繼續留任的英國法官廖柏嘉，並認為他在「8.18 流水式集會案」的裁決絕對正確，符合英國判例。他又提及 2019 年確實發生暴動（Riots），若說沒有發生是荒謬。
岑耀信亦再談對《國安法》的看法，形容拒絕保釋的假定、嚴苛的最低刑期令人厭惡，但因有保障人權的條文，他一度相信會溫和地執法，而海外法官能予協助。他引述有上訴庭法官指，香港的氛圍顯著影響法官判決，司法機構不能和中國政府打「游擊戰」。他形容本地法官處於外界不理解的艱難處境，某程度上是受害者，亦批評 47 人、立場及黎智英欺詐案的裁決，形容是荒謬、極端。
司法機構指，絕不同意任何指稱法官以政治或其他無關考慮處理案件，又或法治已被削弱的說法，「這些嚴重的指控不符事實，也是對法庭和法官的冒犯」。政府則指，極不同意岑耀信的偏頗意見，指法院在審案時，絕對沒受到中央或特區政府的任何政治壓力，法治亦無任何倒退，「任何人士無論出於甚麼理由或動機而提出相反結論，都是完全錯誤和毫無根據」。
Jonathan Sumption, who resigned early this year as a non-permanent overseas judge of Hong Kong’s Court of Final Appeal, discussed Hong Kong’s rule of law again on a legal podcast. He said he respected British judge David Neuberger, who remains in office, and believed his ruling in the “8.18 procession-style assembly case” was entirely correct and consistent with British precedents. He also said that riots did occur in 2019, and that it was absurd to say otherwise.
Sumption also revisited his views on the National Security Law. He described the presumption against granting bail and the harsh minimum sentences as repugnant, but said that, because the law contained provisions safeguarding human rights, he had at one point believed it would be enforced moderately and that overseas judges could provide assistance. He cited an appellate judge as saying that the atmosphere in Hong Kong had significantly affected judges’ decisions, and that the Judiciary could not wage a “guerrilla war” against the Chinese government. He described local judges as being in difficult circumstances that were not understood by outsiders, and to some extent victims. He also criticised the rulings in the 47-person case, the Stand News case and Jimmy Lai’s fraud case, describing them as absurd and extreme.
The Judiciary said it completely disagreed with any claim that judges handled cases based on political or other irrelevant considerations, or that the rule of law had been weakened. “These serious allegations are inconsistent with the facts and are also offensive to the courts and judges.” The government said it completely disagreed with Sumption’s biased views, stating that courts had absolutely not been subject to any political pressure from the central or Hong Kong governments when hearing cases, and that there had been no regression in the rule of law. “Anyone who reaches the opposite conclusion, whatever their reasons or motives, is completely wrong and entirely without basis.”
5 Oct 2024明報#4122
Chair of England and Wales Bar says authoritarian rule is replacing Hong Kong’s rule of law; DOJ: Not consistent with facts, government has always acted according to law
英國日前舉行法律年度開啟典禮，英格蘭和威爾斯大律師公會主席Sam Townend在正式儀式前一晚的晚宴致辭提到香港法治，Townend形容，香港法治正逐步遭強權統治，以及行政機關任意及不受制約的權力取代，昔日對香港的尊重和權威漸失。他又說，對仍在港維護司法公正及獨立、盡可能堅守陣地的法官和大律師表示同情及支持。
本港律政司發言人回應，留意到對方對香港法治的負面評論，並說必須嚴正指出「有關的個人言論與事實完全不符」，強調政府及行政機關一如既往將繼續嚴格依法及按法治原則辦事。
The UK held its annual Opening of the Legal Year ceremony recently. In a speech at a dinner on the eve of the formal ceremony, Sam Townend, chair of the Bar Council of England and Wales, referred to the rule of law in Hong Kong. Townend said Hong Kong’s rule of law was gradually being replaced by authoritarian rule and the arbitrary and unchecked power of the executive, while the respect and authority once accorded to Hong Kong were gradually being lost. He also expressed sympathy and support for the judges and barristers who remained in Hong Kong to uphold judicial fairness and independence and defend their positions as far as possible.
A spokesperson for Hong Kong’s Department of Justice said it had noted the negative comments about the rule of law in Hong Kong and stressed that it must be pointed out in the strongest terms that “the individual’s comments are completely inconsistent with the facts”. The spokesperson emphasised that the Government and the executive authorities would, as always, continue to act strictly in accordance with the law and the principles of the rule of law.
3 Oct 2024獨媒#4111
Chinese Tourists Disrupt Hong Kong Residents’ Rally in Taiwan; Mainland Affairs Council Says They Were Forcibly Expelled
在台港人團體前日於台北捷運西門町站出口廣場前集會，抗議中共建政75周年。兩名中國遊客破壞「光時」旗幟，將旗拔起並丟在地上，其中一名男子大叫「今天是中國國慶節，我不允許有這種旗插著」，又指「台灣和香港是屬於中國的」，在場戒備的警員立即制止。台灣移民署今天表示，兩人違反入境許可規定，將要求兩人出境。
A group of Hong Kong residents in Taiwan held a rally the day before yesterday in front of the exit plaza of Ximen Station on the Taipei Metro to protest the 75th anniversary of the founding of the Chinese Communist regime. Two Chinese tourists damaged a “Liberate Hong Kong, Revolution of Our Times” flag, pulling it out and throwing it on the ground. One of the men shouted, “Today is China’s National Day. I do not allow this kind of flag to be put up here,” and also said, “Taiwan and Hong Kong belong to China.” Police officers on standby at the scene immediately intervened. Taiwan’s National Immigration Agency said today that the two had violated the conditions of their entry permits and would be required to leave Taiwan.
Translations are supplied by the source workbook. Consult the original reporting for context.
