Politics
Written by: Lin Jian Qiu Jingwen
2020-01-16 07:00
Last updated: 2020-01-16 07:00Some people say that the social conflict in Hong Kong has seriously damaged the rule of law in the past half year. Others say that in this storm, the democrats have not condemned the "violent" behavior, which has contributed to the destruction of the rule of law. However, the demonstrators will think that the rule of law in Hong Kong has been destroyed by the government, and some people even burned the court door and attacked judges. At the opening ceremony of the 2020 Legal Year the day before (January 13), the Secretary for Justice, Zheng Ruoqi pointed out that the core values of Hong Kong, such as the rule of law, have been impacted, and that violence and rampant acts of violence have been rampant in recent days.
"Hong Kong 01" reporter interviewed the chairman of the Citizen Party and senior barrister Liang Jiajie to discuss their views on the word "rule of law." As a veteran democracy activist, Liang Jiajie pointed out that the true core of the rule of law that Hong Kong people believe in is not that "everyone abides by the law", but that the law protects the rights and freedoms of individuals and restricts the exercise of public power. Go in this direction. "People who have the best ability to undermine the rule of law will only be those in power, not rebels," he said.
He also bluntly stated that he would not declare Hong Kong "the rule of law is dead", as some young people expect, because "once there is a real" grab ", Hong Kong will have no use value. It is not the blessing of Hong Kong.
Interpreting the Spirit of the Rule of Law: Protecting Individual Rights and Restricting Public Power with Law
The "rule of law" is believed to be one of the most discussed words in the wave of demonstrations. Some people, including those with a legal background, point out that the rule of law means that everyone must abide by the law. During his visit, Leung Ka-chieh refuted: "The set of rules of law that we (Hong Kong people) believe in and the long-standing rules of law are Use the law to protect individual freedoms, human rights, and use the law to limit the exercise of public power. "He believes that this is one of the sources of" deep-level contradictions "between Hong Kong and the Chinese mainland: a set of principles understood by Hong Kong people to limit power In other words, the rule of law in the Mainland is to restrict the people and empower the government. "We implement the rule of law and the rule of law in the Mainland. Although the traditional and simplified characters are written like this, the connotation is a world different from the south." One of the key points, he It is considered that those in power know how to restrain themselves "absolute supremacy".
Because of this, Liang Jiajie believes that the rule of law in Hong Kong has been greatly impacted today, but the core reason is that the government "forces the people to resist" because the people who have the best ability to undermine the rule of law will only be those in power and not resistance: " The Constitution cannot be done by the people. Only the government at that time will violate the Constitution, and those who can cause the greatest harm to the rule of law must be the party with power. "
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Refers to the government's cover of police brutality and the persuasiveness of the rule of law
One of the focal points of the current Democrats is that there is sufficient evidence that both sides are suspected of using violence. However, more than 7,000 demonstrators and ordinary citizens have been arrested, and the police have not been arrested or suspended for investigation, let alone prosecution. The police system has also been accused of lacking power. Then there is a saying: some people can not be held responsible after breaking the law, and the "rule of law" will only punish one of them.
Liang Jiajie is one of them. He pointed out that the true rule of law contains at least three elements: legislation, law enforcement, and justice. "Today's situation is that the Legislative Council is controlled by pro-Beijing forces; judicial power has been weakened due to the interpretation of the law by the National People's Congress; people who enforce the law are unjust, Some people take the lead in breaking the law without consequences. "Liang Jiajie believes that when people who obey the law (government, police) themselves violate the law first, they will lose the legitimacy and moral power to enforce the law.
For the sake of explanation, he pointed out by way of example: "(Some people) robbing a bank will not undermine the rule of law, but if you let the robber off, and even send him to Tiananmen to see the flag raising and military parade, that is undermining the rule of law." Some people violate the law, as long as they are arrested, prosecuted, and convicted without reasonable doubt, the rule of law is still intact, but today some people in Hong Kong are sheltered, and the law enforcers (police, Department of Justice) have problems with their own legal conduct. .
At the door of the office of Mr. Leung Ka-kit's office, a poster entitled "Restoration of Hong Kong, Revolution of the Times" is posted. (Photo by Luo Junhao)
Talk about court attacks
The visit was carried out at a time when the court became the target of demonstration attacks, and judges were accused of pro-establishment and abused by their names. Liang Jiajie pointed out that he would not support and obviously opposed these behaviors, but expressed understanding: "I understand why some of the same people who are fighting for the same goal have such actions." Because many people, especially the younger generation, see the above The state of law enforcement mentioned will be quite desperate for the rule of law.
Nevertheless, Liang Jiajie stated that he could not agree with the statement that the rule of law is dead, because Hong Kong still has a group of elites in the legal profession who will stand up in black during the interpretation of the NPC; the statement issued by the Bar Association is still based on It is the above-mentioned principle of "using legal individual rights and restricting the exercise of public power". Many people are struggling to "struggle" and not let the rule of law die. "Issuing a death certificate" for the rule of law at this time, he thinks it may not be appropriate: "I understand what they (young people) think, but I feel that once it is really" surrogate ", there will be no use value in Hong Kong. "Catch the dead" with the Chinese Communist Party. Is this what we want? "
The 6.12 conflict in Admiralty is the beginning of a subsequent wave of violence. However, Liang Jiajie believes that if there were no events of the day, the amendment would have been passed. (Photo by Zhang Haowei)
Talking about "violent" struggles: Those in power should avoid people using violence to solve problems
Speaking of violent demonstrations, one of the characteristics of the Anti-Amendment Movement is that the Hefei faction refused to condemn acts of armed resistance, and was accused of "tolerating violence" by the government and the establishment. Liang Jiajie himself, during the dialogue session with the principal Zhang Xiang as an alumnus of the University of Hong Kong last July, also mentioned that "violence can sometimes be the solution."
Liang Jiajie said that in fact someone was out of context and tried to render him a "father of violence." He pointed out that the context of the speech that day was that Zhang Xiang mentioned in the dialogue that "violence cannot solve the problem at any time", but he said that Lu Youtang, who was at the time, and Sun Yat-sen, the founder of Sun Yat-sen, also spoke here It was the advocacy of an armed uprising that reminded Zhang Xiang not to say too much. What he emphasized is that those in power should try to prevent the people from using violence to solve the problem.
In terms of violent demonstrations alone, Liang Jiajie first stated that it was "not 100% certain" who was violently destroyed in the crowd, because he believed that there was a lot of evidence showing that there was disguise and undercover police involved in the destruction. But even assuming that the violence was committed by the demonstrators, he did not completely deny it. Instead, he maintained a "not support but understand" stance, and believed that many democrats shared similar thoughts with him: "Although I do not use violence, But I don't understand why some people get angry with you. "
He countered that the current government has obvious double standards when it comes to violence: carefully describe the violence used by demonstrators, but for the police or the "blue wire" use of violence, gently pass along or even mention nothing.
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