毋忘五大訴求 公民抗命有理
—10‧20九龍遊行陳情書
(案件編號:DCCC 535/2020)
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「毋忘初衷,活在愛和真實之中」
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胡法官雅文閣下:
2012年,我第一次站在法庭上承認違反「公安惡法」,述說對普選的盼望,批評公安惡法不義,並因公民抗命的緣故,甘心樂意接受刑罰。當年我說,如果小圈子選舉沒有被廢除,惡法沒有消失,我依然會一如故我,公民抗命,並且我相信將會有更多學生和市民加入這個行列。想不到時至今日,普選仍然遙遙無期,我亦再次被帶到法庭接受審判,但只是短短7年,已經有數十萬計的群眾公民抗命,反對暴政。今日,我承認違反「未經批准的政府」所訂立「未經批准的惡法」之下的「未經批准集結」罪,我不打算尋求法庭的憐憫,但請容許我佔用法庭些微時間陳情,讓法庭在判刑前有全面考慮。
暴力之濫觴
在整個反修例運動如火如荼之際,我正承擔另一宗公民抗命案件的刑責。雖然身在獄中,但仍然心繫手足。我在獄中電視機前見證6月9日、6月16日及8月18日三次百萬港人大遊行,幾多熱愛和平的港人冒天雨冒彈雨走上街頭,抗議不義惡法,今日關於10月20日的案件,亦是如此。可能有人會問,政府已在6月暫緩修例,更在9月正式撤回修例,我等仍然繼續示威,豈非無理取鬧?我相信法官閣下肯定聽過「遲來的正義並非正義」(Justice delayed is justice denied)這句格言。當過百萬群眾走上街頭,和平表達不滿的時候,林鄭政府沒有理睬,反而獨行獨斷,粗暴踐踏港人的意願,結果製造出後來連綿不絕的爭拗,甚至你死我活的對抗。經歷眾多衝突痛苦之後,所謂暫緩撤回,已經微不足道,我們只是更加清楚:沒有民主,就連基本人權都不會擁有!
在本案之中,雖然我們都沒有鼓動或作出暴力行為,但根據早前8‧18及10‧1兩宗案件,相信在控方及法庭眼中,案發當日的暴力事件仍然可以算在我們頭上,如此,我有必要問:如果香港有一個公平正義的普及選舉,人民可以在立法會直接否決他們不認可的法律,試問2019年的暴力衝突可以從何而來呢?如果我們眼見的暴力是如此十惡不赦,那麼我們又如何看待百萬人遊行後仍然堅持推行惡法的制度暴力呢?如果我們不能接受人民暴力反抗,那麼我們是否更加不能對更巨大更壓逼的制度暴力沈默不言?真正且經常發生的暴力,是漠視人民訴求的暴力,是踐踏人民意見的暴力,是剝奪人民表達權利的暴力。真正憎恨暴力,痛恨暴力的人,不可能一方面指摘暴力反抗,又容忍制度暴力。如果我需要承擔和平遊行引發出來的暴力事件的刑責,那麼誰應該承擔施政失敗所引發出來的社會騷亂的罪責呢?
社會之病根
對於法庭而言,可能2019年所發生的事情只是一場社會騷亂,務必追究違法者個人責任。然而,治亂治其本源,醫病醫其病根,我雖然公民抗命,刻意違法,控方把我帶上法庭,但我卻不應被理解為一個「犯罪個體」。2019年所發生的事情,並不是我一個人或我們這幾位被告可以促成,社會問題的癥結不是「犯罪份子」本身,而是「犯罪原因」。我明白「治亂世用重典」的道理,但如果「殺雞儆猴」是解決方法,就不會在2016年發生旺角騷亂及2017年上訴庭對示威者施以重刑後,2019年仍然會爆發出更大規模的暴力反抗。
如果不希望社會動亂,就必須正本清源,逐步落實「五大訴求」,從根本上改革,挽回民心。2019年反修例運動,其實只是2014年雨傘運動的延續而已,縱使法庭可能認為兩個運動皆是「一股歪風」所引起,但我必須澄清,兩個運動的核心就是追求民主普選,人民當家作主。在2019年11月24日區議會選舉這個最類近全民普選的選舉中,接近300萬人投票,民主派大勝,奪得17個區議會主導權,這就是整個反修例運動的民意,民意就是反對政府決策,反對制度暴力,反對推行惡法,不容爭辯,不辯自明。我們作為礦場裡的金絲雀,多次提醒政府撤回修法,並從根本上改革制度,而在10月20日的九龍遊行當然是反映民意的平台契機。如今,法庭對我們施加重刑,其實只不過是懲罰民意,將金絲雀困在鳥籠之內,甚至扼殺於鼓掌之中,窒礙表達自由。
堅持之重要
大運動過後的大鎮壓,使我們失去《蘋果日報》,失去教協,失去民陣,不少民主派領袖以及曾為運動付出的手足戰友都囚於獄中,不少曾經熱情投入運動的朋友亦因《國安法》的威脅轉為低調,新聞自由示威自由日漸萎縮,公民社會受到沈重打擊,我亦失去不少摯友,有感傷孤獨的時候,但我仍然相信,2019年香港人的信念,以及所展現人類的光輝持久未變。我不會忘記百萬人民冒雨捱熱抗拒暴政,抵制惡法,展現我們眾志成城;我不會忘記人潮紅海,讓道救護車,展現我們文明精神;我不會忘記年青志士直接行動反對苛政,捨身成仁,展現我們膽色勇氣;我不會忘記銀髮一族走上街頭保護年青人,展現我們彼此關懷;我不會忘記「五大訴求」,不會忘記2019年區議會選舉,展現我們有理有節。
法官閣下,我對於當日的所作所為,不感羞恥,毫無悔意。我能夠在出獄後與群眾同行一路,與戰友同繫一獄,實是莫大榮幸。若法治失去民主基石,將使法庭無奈地接受專制政權所訂立解釋的法律限制,隨時變成政治工具掃除異見,因此爭取民主普選,建設真正法治,追求公平正義,仍然是我的理想。在這條路上,如有必要,我仍然會公民抗命,正如終審法院海外非常任法官賀輔明(Lord Hoffmann)所言,發自良知的公民抗命有悠久及光榮的傳統,歷史將證明我們是正確的。我期望,曾與我一起遊行抗命的手足戰友要堅持信念,在艱難歲月裡毋忘初衷,活在愛和真實之中。
最後,如9年前一樣,我想借用美國民權領袖馬丁路德金牧師的一番話對我們的反對者說:「我們將以自己忍受苦難的能力,來較量你們製造苦難的能力。我們將用我們靈魂的力量,來抵禦你們物質的暴力。對我們做你們想做的事吧,我們仍然愛你們。我們不能憑良心服從你們不公正的法律,因為拒惡與為善一樣是道德責任。將我們送入監獄吧,我們仍然愛你們。」(We shall match your capacity to inflict suffering by our capacity to endure suffering. We shall meet your physical force with soul force. Do to us what you will, and we shall continue to love you. We cannot in all good conscience obey your unjust laws because noncooperation with evil is as much a moral obligation as is cooperation with good. Throw us in jail and we shall still love you.)
願慈愛的主耶穌賜我們平安,與我和我一家同在,與法官閣下同在,與香港人同在。沒有暴徒,只有暴政;五大訴求,缺一不可!願榮耀歸上帝,榮光歸人民!
第五被告
黃浩銘
二零二一年八月十九日
Lest we forget the five demands: civil disobedience is morally justified
- Statement on 10‧20 Kowloon Rally
(Case No.: DCCC 535/2020)
Your Honour Judge Woodcock
In 2012, I stood before the court and admitted to violating the "Public Security Evil Law". I expressed my hope for universal suffrage, criticized the evil law as unjust, and willingly accepted the penalty for civil disobedience. Back then, I said that if the small-circle election had not been abolished and the draconian law had not disappeared, I would still be as determined as I was, and I believe that more students and citizens would join this movement. Today, universal suffrage is still a long way off, and I have been brought before the court again for trial. But in just seven years, hundreds of thousands of people have already risen up in civil disobedience against tyranny. Today, I plead guilty to "unauthorised assembly" under an unapproved evil law enacted by an unauthorised government. I do not intend to seek the court's mercy, but please allow me to take up a little time in court to present my case so that the court can consider all aspects before sentencing me.
The roots of violence
At the time when the whole anti-extradition law movement was in full-swing, I was taking responsibility for another civil disobedience case. Although I was in prison, my heart was still with the people. I witnessed the three million-person rallies on 9 June, 16 June and 18 August on television in prison, when many peace-loving people took to the streets despite the rain and bullets, to protest against unjust laws. Some people may ask, "The Government has already suspended the legislative amendments in June and formally withdrew the bill in September, but we are still demonstrating, are we not being unreasonable?" I am sure your Honour has heard of the adage "Justice delayed is justice denied". When more than a million people took to the streets to express their discontent peacefully, the Lam administration ignored them and instead acted arbitrarily, brutally trampling on the wishes of the people of Hong Kong, resulting in endless arguments and even confrontations. After so many conflicts and painful experiences, the so-called moratorium is no longer meaningful. We only know better: without democracy, we cannot even have basic human rights!
In this case, although we did not instigate or commit acts of violence, I believe that in the eyes of the prosecution and the court, the violence on the day of the incident can still be counted against us, based on the August 18 and October 1 case. And now I must ask - If Hong Kong had a fair and just universal election, and the public could directly veto laws they did not approve of at the Legislative Council, then how could the violent clashes of 2019 have come about? If the violence we see is so heinous, how do we feel about the institutional violence that insists on the imposition of draconian laws even after millions of people have taken to the streets? If we cannot accept violent rebellion, how can we remain silent in the face of even greater and more oppressive institutional violence? The true and frequent violence is the kind of violence that ignores people's demands, that tramples on their opinions, that deprives them of their right to express themselves. People who truly hate violence and abhor it cannot accuse violent resistance on the one hand and tolerate institutional violence on the other. If I have to bear the criminal responsibility for the violence caused by the peaceful demonstration, then who should bear the criminal responsibility for the social unrest caused by failed administration?
The roots of society's problems
From a court's point of view, it may be that what happened in 2019 was just a series of social unrest, and that those who broke the law must be held personally accountable. What happened in 2019 was not something that I alone or the defendants could have made possible, and the crux of the social problem was not the 'criminals' but the 'causes of crime'. I understand the concept of " applying severe punishment to a troubled world", but if "decimation" was really the solution, there would not have been more violent rebellions in 2019 after the Mongkok "riot" in 2016 and the heavy sentences handed down to protesters by the Court of Appeal in 2017.
If we do not want social unrest, we must get to the root of the problem and implement the "five demands" step by step, so as to achieve fundamental reforms and win back the hearts of the people. 2019's anti-revision movement is indeed a continuation of 2014's Umbrella Movement, and even though the court may think that both movements are caused by a "perverse wind", I must clarify that the core of both movements is the pursuit of democracy and universal suffrage, and the people being the masters of their own house. In the District Council election on 24 November 2019, which is the closest thing to universal suffrage, nearly 3 million people voted, and the democratic camp won a huge victory, winning majority in 17 District Councils. As canaries in the monetary coal mine, we have repeatedly reminded the government to withdraw the extradition bill and fundamentally reform the system, and the march in Kowloon on 20 October was certainly an opportunity to reflect public opinion. Now, by imposing heavy penalties on us, the court is only punishing public opinion, trapping the canaries in a birdcage, or even stifling them in the palm of their hands, suffocating the freedom of expression.
The importance of persistence
As a result of the crackdown after the mass movement, we lost Apple Daily, the Hong Kong Professional Teachers' Union, and the Civil Human Rights Front. Many of our democratic leaders and comrades who had contributed to the movement were imprisoned, and many of our friends who had been passionately involved in the movement had been forced to lay low under the threat of the National Security Law. I still believe that the faith of Hong Kong people and the glory of humanity seen in 2019 will remain unchanged. I will never forget the millions of people who braved the rain and the heat to resist tyranny and evil laws, demonstrating our unity of purpose; I will never forget the crowds of people who gave way to ambulances, demonstrating our civility; I will never forget the young people who sacrificed their lives, demonstrating our courage and bravery; I will never forget the silver-haired who took to the streets to protect the youth, demonstrating our care for each other; I will never forget the "five demands" and the 2019 District Council election, demonstrating our rationality and decency.
Your Honour, I have nothing to be ashamed of and no remorse for what I did on that day. It is my great honour to be in prison with my comrades and to be able to walk with the public after my release. If the rule of law were to lose its democratic foundation, the courts would have no choice but to accept the legal restrictions set by the autocratic regime and become a political tool to eliminate dissent at any time. As Lord Hoffmann, a non-permanent overseas judge of the Court of Final Appeal, said, civil disobedience from the conscience has a long and honourable tradition, and history will prove us right. I hope that my comrades in arms who walked with me in protests will keep their faith and live in love and truth in the midst of this difficult time.
Finally, as I did nine years ago, I would like to say something to those who oppose us, borrowing the words of American civil rights leader Reverend Martin Luther King: "We shall match your capacity to inflict suffering by our capacity to endure suffering. We shall meet your physical force with soul force. Do to us what you will, and we shall continue to love you. We cannot in all good conscience obey your unjust laws because noncooperation with evil is as much a moral obligation as is cooperation with good. Throw us in jail and we shall still love you."
Peace be with me and my family, with Your Honour, and with the people of Hong Kong. There are no thugs, only tyranny; five demands, not one less! To god be the glory and to people be the glory!
The Fifth Defendant
Wong Ho Ming
19 August 2021
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moral union 在 李怡 Facebook 的精選貼文
I sincerely hope I am wrong | Lee Yee
I know very little about American issues. In the past, I even thought that no matter which party wins the presidential election, there would be no significant difference under the Constitution and the existing system. However, it is different this time. This US presidential election not only involves the interests of the Americans but also concerns the future political situation of the world, especially for China and Hong Kong.
The state of society tearing as a result of this presidential election is far beyond any from the past, almost to the point of a civil war. As far as the domestic situation in the US is concerned, it is not a dispute between supporting Trump or supporting Biden, but a fight between support for Trump and opposition to Trump. The topics of discussion are 1) epidemic prevention and control measures, 2) violence and disorder due to the Black Lives Matter protests, and 3) economy. Arguments from both standpoints are too numerous to detail and many are reasonable with solid judgment. It is very difficult to explain clearly in this short article. I will only discuss the history and current situation of Sino-US relations.
The most important timeline in the history of the modern relations between China and the US is after WWII during the Chinese Civil War between the Kuomintang (KMT)-led government of the Republic of China and the Communist Party of China (CPC). At that time, the 33rd president of the US and leader of the Democratic Party, Harry S. Truman pursued a policy of appeasement to the CPC and actively advocated negotiations between the KMT and the CPC. During the Chinese Civil War, it was apparent that he was pro-communist and made the communist military stronger. The KMT was defeated for internal reasons but the US inclination was key. After the KMT government retreated to Taiwan, in January 1950, President Truman issued a statement that the US would not intervene with the situation in China and declared that the island groups of Taiwan, Penghu, Kinmen, Matsu and some minor islands were not within the scope of the US military. The US Democratic Party allowed mainland China to fall into the hands of the Chinese Communist Party (CCP). Later, Chiang Kai-shek commissioned General Ho Shai-lai to Tokyo to meet with Douglas MacArthur, the American general who administered postwar Japan during the Allied occupation and oversaw the occupation, rebuilding and democratization of Japan. The visit aimed to win the support of General MacArthur and was ultimately able to save Taiwan.
Another important page in the history of the Sino-US relations was the diplomatic breakthrough of Republican US President Richard Nixon in 1971. A military conflict broke out in the previous year at the border of China and the then Soviet Union. The Soviet Union intended to deploy nuclear weapons to perform a so-called “surgical removal operation” on China’s nuclear base. However, it was halted when it probed the US for reactions. The US stated that if the Soviet Union employed nuclear weapons, it would undoubtedly challenge the US nuclear balance policy. After that, when the US collaborated with China to strategically deal with the superpower Soviet Union, the US did not abandon Taiwan. Not until 1979 when Jimmy Carter, the 39th president of the US and a democrat, established diplomatic relations with the CCP that the US severed ties with Taiwan. The incident triggered a global trend to set up diplomatic relations with the CCP, which enabled the CCP to steady a firm holding in the international community.
The third important aspect in the history of the Sino-US relations was in 2000, under Bill Clinton’s administration, China was given entry into the WTO (World Trade Organization) and granted a most favored nation (MFN) status. Since then, it developed its foothold as an international manufacturer in the global market. Furthermore, its economy took off through intellectual property theft, failure to commit to the promise of its 2001 accession to the WTO and market dominance by means of authoritarian capitalism. As China’s economic development fully penetrates into the Western world, on the one hand, it takes advantage of the multinational companies invested in China to control the capital markets of the US and the West. On the other hand, it invests heavily in its grand propaganda to control overseas Chinese media and even Western mainstream media.
Every election candidate receives donations from multinational companies. Not to mention 90% of the mainstream media in the US are owned or operated by these Democratic Party’s donors. Therefore, they turn a blind eye to the elephant in the room and injudiciously embrace the CCP regime that has infiltrated the American society and continuously infringed on human rights at home. In addition to the interest considerations, the media of course also has the leftist ideology permeated in Western academia and journalism. I will elaborate on this topic at another time.
Finally, there is Trump who is not swayed by the donors of multinational corporations because he himself does not lack money nor is he afraid to offend most of the leftist media. He sometimes speaks without thinking but he never seeks the so-called “political correctness,” and basically does what he says he would. People who stand on the moral high ground with the spirit of great love would shake their heads upon his words and actions. Regardless, only a person like Trump can start to contain the power that infiltrated the US and the Western world, and support the democracy of Taiwan and Hong Kong’s campaign for autonomy.
Currently, anti-China is the general social conscience in the US. Biden’s China policy seems to align with that of Trump’s. Biden even defined the CCP’s handling of Xinjiang as an “ethnic genocide.” However, is there really no difference between the two parties? Recall that when Clinton was running for the presidency, he said that he opposed the Republican government’s annual review of the US MFN status for China. He believed it should not be granted but after he took office, he made China’s MFN status permanent and sent China to the WTO.
As the Democratic Party controls Wall Street and mainstream media, I am not optimistic about Trump in this election. Even so, I really hope from my brain to my heart that I am wrong.
moral union 在 李怡 Facebook 的最讚貼文
China’s “New Squabbling Situation” (Lee Yee)
Yesterday, I mentioned that the US deterred the Soviet Union’s intention to employ nuclear weapons to attack China’s military base in 1969, and since then implemented a half-century policy of interactions with China. Although the Chinese Communist Party (CCP) has always said that “the US will never give up their ambition to destroy our nation,” looking back at history, even when the Eight-Nation Alliance invaded China in the nineteenth century, the US did not make territorial claims from the Qing empire. Instead, it advocated “open doors to share the benefits equally” to avoid China being carved up. The US’ share of the Boxer’s indemnity has been gradually paid back through the training of Chinese talents and the studying of Chinese students in the US. The Rockefeller Foundation founded the Peking Union Medical College (PUMCH) in 1917, the predecessor of Tsinghua University, bringing modern western medicine into China. When the Second Sino-Japanese War broke out, a veteran American military aviator Claire Lee Chennault was hired as an aviation adviser and trainer in China. He organized the First American Volunteer Group (AVG) of the Republic of China Air Force, nicknamed the Flying Tigers, and assisted China in fighting against the Japanese in World War II.
In response to the anti-China speech given by the US Secretary of State Mike Pompeo, a mainland Chinese netizen commented, “you needed education, they gave you Tsinghua University; you needed medical care, they gave you PUMCH; you needed to fight against Japan, they gave you the Flying Tigers; you needed to oppose the Soviet Union, they gave you a platform; you needed to open up, they gave you foreign funding; you needed trade, they gave you a trade surplus...You say that they have an endless ambition to destroy your nation, they will give it a try!” This is a very vivid description of how Sino-US relations have evolved so far.
Just a few days before Pompeo delivered his “Communist China and the Free World’s Future” speech, Chinese State Councilor and Minister of Foreign Affairs Wang Yi also gave a long speech at the inaugural ceremony of the Xi Jinping Thought on Diplomacy Studies Centre on July 20. The speech was titled, “Study and Implement Xi Jinping Thought on Diplomacy Conscientiously and Break New Ground in Major-Country Diplomacy with Chinese Characteristics." I share the URL here ( https://www.sohu.com/a/408705618_99900926 ) and strongly recommend readers to browse this masterpiece. Let’s see if anyone can tell me after reading it, what is the content of Wang’s three to four thousand words on “Xi’s Thought on Diplomacy,” and what specific facts were there about “breaking new ground in major-country diplomacy.” Nowadays, the daily news is about Western countries’ policies, acts, and speeches directed at China and Hong Kong. Mainland netizens have recently lined up the front-page headlines of the Chinese internal newspaper “Reference News,” and they were all, “China condemns…, China warns the UK…, China is resolute to fight back…” This is not at all a new diplomatic situation but a new squabbling situation.”
After reading Wang’s speech, why not make a comparison to see if this Chinese Minister of Foreign Affairs, who has the same ranking as the US Secretary of State, is of the same caliber and merit as Pompeo? Then you will understand why the US now refuses to restart dialogue with China and only looks at China’s actions.
Looking at the successive Chinese foreign ministers after the establishment of the People's Republic of China in 1949, with the exception of the time during the Cultural Revolution, Zhou Enlai, Chen Yi to Qian Qichen were all decent. I still remember that after the breakthrough in Sino-US relations in 1971, the New York Times columnist James Reston visited Zhou Enlai in China and their battle of words was brilliant. Why does the current foreign minister only speak empty words but know not what they are?
Of course, this is related to the current situation in China for the apotheosis of the core leader. In addition to the unknown “Xi Jinping’s Thought on Diplomacy,” there will be “Xi Jinping’s Thought on Economics, Education, Military…” one after another.
A netizen quoted Wang’s speech and left a comment, “Brown-nosing is linguistic corruption and spiritual bribery...The giver only has to expend dignity and cunning with words, and the recipient is rewarded with personality and public interests. It is consensual for both giver and taker, and they usually have a tacit understanding where they jointly commit an ugly conspiracy...In a totalitarian society, brown-nosing is a multiple outbreak and refractory Covid-19. After an organized and large-scale epidemic, it will eventually become an incurable disease of personality cult detrimental to the entire nation and society.”
German Protestant theologian Dietrich Bonhoeffer said that “the nature of folly is a moral rather than an intellectual defect.” I believe this moral defect stems from a totalitarian system. When power becomes absolute, all those in power at various levels will, as Lu Xun said, “fawn upon their superiors and be overbearing upon those below.” The regime causes those with authority to never hear the true voice, how is this not stupid?
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