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[Hong Kong version of the National Security Law] What is "local terrorism" in Hong Kong? (Upper)|01 Weekly

2020-06-02T09:15:32.755Z


The Supervisory Commission released the report on the review of conflicts of anti-revision demonstrations since June last year. The report pointed out that the police deployed errors, underestimated intelligence, and lacked the ability to respond to publicity; at the same time, the report also severely criticized the demonstrators for violence in the conclusion.


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Written by: Cheng Xue

2020-06-01 19:00

Last update date: 2020-06-01 19:00

The Supervisory Commission released the report on the review of conflicts of anti-revision demonstrations since June last year. The report pointed out that the police deployed mistakes, underestimated intelligence, and lacked the ability to respond to publicity. At the same time, the report also strongly criticized the demonstrators' increased violence and escalated behavior in the conclusion, describing this as "the greatest public safety challenge in the contemporary era", which has caused long-term effects on the Hong Kong economy Sabotage, and quoted the warning from the Commissioner of Police Deng Bingqiang that Hong Kong might enter the era of terrorism. We can't help but ask, has Hong Kong already faced the threat of "terrorism"?

As early as August last year, Yang Guang, a spokesman for the Hong Kong and Macao Office, once said in a press conference that demonstrations in Hong Kong have begun to show signs of terrorism. Li Guihua, Senior Superintendent of the Organized Crime and Triad Investigation Division responded that according to Chapter 575 of the "United Nations (Anti-Terrorism Measures) Ordinance" (hereinafter referred to as the "Anti-Terrorism Ordinance"), demonstrations and airport incidents of violence, damage, etc. Although the behavior meets certain conditions, it has not been seen to force the government or international organizations to promote political, religious or ideological claims. Therefore, he believes that the acts of violence are serious crimes, but they do not constitute terrorist acts.

The authorities judge the emergence of terrorism

However, eight months later, the Secretary for Security Li Jiachao and Deng Bingqiang successively stated that there are signs of terrorism in Hong Kong; the latter also indicated that they are studying with the Department of Justice on the possibility of citing the "Anti-Terrorism Ordinance" to pursue suspected use of bombs in anti-amendment demonstrations The arrested.

What happened here has made the police's judgment on "terrorism" change dramatically?

Has Hong Kong already faced the threat of "terrorism"? (Profile picture/photo by Yu Junliang)

In January this year, Li Jiachao answered questions about the seizure of a large number of weapons (including pistols, AR15 long-range rifles and hundreds of bullets and a large number of gasoline bombs, incendiary bombs, explosives, and chemicals that can be used to make weapons) in the Legislative Council. For the first time, he said, "The government will pay close attention and carefully examine the possible risks of local terrorism." The counter-terrorism task force will actively enhance the overall counter-terrorism deployment to prevent the risk of terrorist activities.

After the bombings at Caritas Hospital, Shenzhen Bay Control Point and the Luohu Station of the MTR East Rail Line in early February, Deng Bingqiang told reporters on March 2 that the bomb release was "very close to local terrorism." On March 7th, Deng Bingqiang said in a radio station in Hong Kong that the police found that in the recently cracked explosives case, some people made terrorist explosives such as TATP and remote control bombs commonly used by terrorists. There were also bombs made by Tietong and added to the bombs. The situation of iron nails is similar to that of the 2013 Boston Marathon bombing attempt to intimidate the government, which is "local terrorism".

At the same time, when summarizing the overall security situation in Hong Kong in 2019, the police clearly pointed out that in the anti-revision movement, the online publicity materials have evolved from the early appeal to the masses to participate in demonstrations, which has evolved into the release of different weapons manufacturing manuals, and even police guidelines ; And the violence of demonstrators changed from throwing water bottles and debris to bricks and iron horses, and then to petrol bombs, corrosive liquids, and even arrows; some members of the society did not condemn, and violence was even more serious. Gun ammunition and explosives. The police also criticized that the mob chose to harm the public and cause social panic in order to express its dissatisfaction with the society and the government. This is precisely the act of local terrorism.

When summarizing the overall security situation in Hong Kong in 2019, the police clearly pointed out that in the anti-amendment campaign, the mob chose to harm the public and cause social panic in order to express its dissatisfaction with the society and the government. This is the act of local terrorism. (Information picture/Kong Fanxu)

How to examine this series of extreme behaviors? Is the police's determination of this fair? Then return to the "Anti-Terrorism Regulations" itself.

Hong Kong's anti-terrorism regulations began with 911

In 2001, the "911" terrorist attack occurred, and the whole world witnessed the fall of the Petronas Twin Towers. "Terrorism" has since become a lingering cloud that hangs over human heads. On September 28 of the same year, the UN Security Council responded quickly and adopted Resolution 1,373. The purpose of the resolution is to combat international terrorist activities in various ways, including the financing of terrorists, through international cooperation. The resolution requires a number of measures to prevent and suppress terrorist financing activities, as well as criminalizing the direct, indirect and deliberate provision or raising of funds for these activities and freezing terrorist assets.

According to Chapter VII of the UN Charter, UN Security Council Resolution 1,373 is binding on all member states. The Chinese government therefore instructed the Hong Kong Special Administrative Region to implement the resolution in accordance with Article 13(1) and Article 48(8) of the Basic Law in October 2001. In 2002, Hong Kong formulated the "Anti-Terrorism Regulations" and has undergone three revisions since then.

According to the relevant interpretation of the Anti-Terrorism Regulations, terrorists refer to people who commit or attempt to commit terrorist acts or participate in or assist in committing terrorist acts. The definition of terrorist act is:

(A) Except as otherwise provided in paragraph (b), means to make or threaten to take action, and—

(I) The action was carried out with the intention of achieving the following results, or the intimidation was carried out with the intention of taking actions that would have the effect of achieving the following results—

(A) causing severe violence against people;

(B) causing serious damage to property;

(C) Endanger the lives of people other than those who made the action;

(D) Serious danger to the health or safety of the public or some members of the public;

(E) Severely interferes or disturbs the electronic system; or

(F) Severely disrupts or severely disrupts essential services, facilities or systems (whether public or private); and (ii) the conduct of the action or the intimidation—

(A) the intention is to force the SAR government or international organization, or to intimidate the public or some members of the public; and (B) is to promote political, religious or ideological claims;

(B) (in the case of paragraphs (a) (i) (D), (E) or (F)) does not include actions taken or threatened during any publicity, protest, dissent or industrial action. Chapter 575 United Nations (Anti-Terrorism Measures) Regulations

According to the Anti-Terrorism Regulations, the Chief Executive may apply to the court for an order to designate suspects as terrorists or terrorist associates, thereby freezing the property of persons considered as “terrorists”, cutting off their sources of funds and preventing them from recruiting members.

In an interview with Asia Weekly, Deng Bingqiang said, "If some actions result in serious property, human casualties, or harm to the public, and its intention is to force the SAR government to do things, it is already in line with the elements of crime. The black violence has escalated and developed to Using real ammunition and home-made bombs to coerce the SAR government, public safety is facing a huge threat, and its form and means are the same as terrorism. We are only based on facts and facts. Hong Kong has recently discovered bombs and even real ammunition, Some black menace threatened the government to detonate these bombs without answering their demands, posing a great threat to Hong Kong’s public safety and showing that it is gradually evolving into territorial terrorism."

He further emphasized, "For serious cases, the police have the responsibility to study the most appropriate crimes and reflect the seriousness of the crime. We are only considering whether anyone is suspected of having violated the laws of Hong Kong based on the evidence obtained by investigating the relevant bombing cases. We will also consult the Department of Justice. Opinion, the most suitable prosecution against the arrested person."

The international community has different definitions of terrorism

In response to this, the newly appointed Sham Shui Po District Council Member and Barrister Liu Weicong said in an inquiry to "Hong Kong 01" that according to the legal provisions, "anyone who uses force to cause damage to some people and property is to force the SAR government to do something What or what not to do. Under such a broad definition, the behavior of the protesters seems to comply with this law.” At the same time, he believes that if the Attorney General and the police invoke the “Anti-Terrorism Regulations” to prosecute demonstrators, it is “ Violation of common sense, incredible."

"Assume that there is a medical worker who requires the government to seal off the spread of new coronary pneumonia for the benefit of Hong Kong society. Under this demand, aggressive actions to cause some damage can even meet the definition of "terrorist." But are they What about terrorists? Is this definition too broad?" he asked.

Liu Weicong believes that if the Department of Justice and the police invoke the "Anti-Terrorism Regulations" to prosecute demonstrators, it is "a violation of common sense and unbelievable." (Photo by Zheng Zifeng)

Coincidentally, the United Nations Special Rapporteur on Human Rights wrote to the Hong Kong Government and Chinese authorities in April this year to focus on the crime of incitement and the Anti-Terrorism Regulations, including referring to the overly broad and imprecise terms of the regulations. The letter pointed out that the definition of "terrorist acts" in the "Anti-Terrorism Regulations" is too broad. For example, the regulations define "serious damage to property" as a type of terrorist acts, and does not rule out the "propaganda, protest, dissent". Behaviors such as "or industrial actions" are different from past UN resolutions; the regulations also consider "serious interference or severe disruption of essential services, facilities or systems" as a terrorist act, but the so-called "essential services" may cover Wide, questioning the provisions is not clear enough.

The letter stated that in defining the definition of "terrorism", "terrorists" and "terrorist acts", the relevant legislation must only target the fight against terrorism, to avoid overly broad definitions that would lead to human rights violations.

However, opening the official website of the United Nations Counter-Terrorism Committee will reveal that the Draft Comprehensive Convention on International Terrorism, which includes the definition of "terrorism," is still under consideration.

Terrorism has been raging in human society for more than two thousand years, and the concept of terrorism has been officially used for more than two hundred years. There are thousands of books and documents on terrorism and hundreds of definitions of terrorism. Unable to calculate. However, people have so far failed to have a generally accepted definition of "terrorism".

As stated in the “Measures to Combat International Terrorism” formulated by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in 1990: “Since the United Nations first studied international terrorism in 1972, the international community has not been able There is a general consensus on the meaning of the word, and it fails to reach a sufficient general opinion on the measures that must be taken to prevent terrorist violence.” The reason is here.

American scholar Rose Grosscup once pointed out: "When we define terrorism, the basic problem we face is that it is a concept full of politics and one that is "politically superior" (politics is defining it Has a priority position), and the concept of being confused by interest disputes. The common saying "one terrorist is another freedom fighter" reflects this dilemma. A seemingly semantic problem, In essence, it is a conflict of different ideologies, which means that whether we regard an incident as terrorism depends on our political views."

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The above excerpt is from the 216th issue of "Hong Kong 01" Weekly Report (June 1, 2020) "What is Hong Kong's "Native Terrorism"".

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