本帖最後由 felicity2010 於 2014-6-19 06:45 AM 編輯 ' E' F( Y: S3 k! YTVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。os.tvboxnow.com' f- H2 h( i. |0 ?
The Economist: Hong Kong's politics公仔箱論壇! G% _3 h& A/ k" E
No paper tiger * @; R+ w# \7 G- Ftvb now,tvbnow,bttvb* K l, ?4 F$ B, ^# Y: w# g O
PEOPLE in Hong Kong have responded with alarm, and some defiance, to a white paper issued by China's leaders about the city’s political future. In rallies outside Beijing’s representative office in Hong Kong on June 11th, politicians and protesters burned copies of the reportand accused officials of treating the city’s constitution “like toilet paper”.公仔箱論壇6 T, M: N3 H6 ]7 l0 z# Q
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Legislators accused Beijing of reneging onits treaty obligations under the 1984 Sino-British declaration, signed between Margaret Thatcher and Prime Minister Zhao Ziyang, to make Hong Kong a semi-autonomous region of China. The agreement said Hong Kong would enjoy a high degree of autonomy and maintain its capitalist system for a period of 50years until 2047; and many of the city’s social and political freedoms (such as being able to protest against the Communist Party) have indeed been retained.TVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。6 E8 w7 l1 w5 A9 F: T6 w
$ w6 d# d6 f; t" _3 l* s9 m0 N sBut the white paper stressed that Hong Kong's high degree of autonomy “is not full autonomy” and the city’s ability to run its local affairs comes solely from the authorisation of the central leadership. It also says that Hong Kong residents hold “too many wrong views”with regard to the "one country, two systems" principle that governs the territory's relationship with Beijing. The white paper’s suggestion to“above all be patriotic” has grated with many who object to equating patriotism with support for the Communist Party. The report also provoked the ire of the city’s judiciary for suggesting that judges have a "basic political requirement" to love the country. The Hong Kong Bar Association hit back with a statement warning that imposing political tests on judges would undermine Hong Kong’s rule of law. 8 a. g" S- j4 E$ J( `7 W + [1 C$ [* V2 C9 {. I1 y& w公仔箱論壇Some protesters see a silver lining. Coming days after tens of thousands of people held a candlelit vigil to commemorate the 25thanniversary of the Tiananmen Square massacre in Beijing and weeks before an annual pro-democracy march on July 1st, many observers say the white paper may prompt bickering local politicians to work together and motivate the public to participate in pro-democracy demonstrations. “We should thank Beijing for adding fuel to the fire,” said Benny Tai, one of the leaders of Occupy Central, a protest group. It has threatened to rally thousands of protesters to paralyse the city’s financial centre if the electoral proposal that the Hong Kong government is scheduled to release by the end of the year does not meet international standards. On June 22nd Occupy Central will hold an informal city-wide referendum asking citizens to vote for their preferred type of electoral reform. TVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。" M7 P S9 t% O1 d
& w) E. R; K% F: T8 W5 {8 btvb now,tvbnow,bttvbThe chief executive of Hong Kong (a city of7m people) is currently picked by a committee of 1,200 people. The Chinese government has promised to allow the selection of Hong Kong’s next leader, in2017, through universal suffrage, but insists it has no obligation to allow an open nominating process. Many in Hong Kong believe that limits will be imposed on who is able to stand.公仔箱論壇, u( T5 I4 x. l
+ x1 K+ X7 w+ h& p3 Jos.tvboxnow.comThe bluntness of the Chinese government report has led some to suspect that leaders in Beijing are deliberately provoking dissent in order to justify a crackdown. Zhou Nan, a former head of the party’s liaison office in Hong Kong, has called the Occupy Central movement “illegal” and said the People's Liberation Army could intervene if the planned protests escalated into riots. Foreign communities in the territory have also expressed concern, with some chambers of commerce taking out adverts in local Hong Kong newspapers urging the Occupy Central protesters to back down. That seems unlikely, and the city looks set for along, hot summer of political dispute and angry protest.os.tvboxnow.com; Z& @: x$ y& `6 E
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tvb now,tvbnow,bttvb" N, f- y$ t' w( V8 c0 { 作者: felicity2010 時間: 2014-6-19 06:45 AM
本帖最後由 felicity2010 於 2014-6-19 06:52 AM 編輯 & q1 C. D: U& T6 N 9 i: Z* S9 Y8 R' `) p- Htvb now,tvbnow,bttvbWith white paper, Beijing may have achieved the opposite of what it wants – MC DavisTVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。) a o6 n1 V$ X# b, @* q
South China Morning Post, Monday, 16 June,2014TVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。/ Q5 V# Y4 M, b1 e2 B) x
$ w" _- u" j2 z P: `- z, `tvb now,tvbnow,bttvb 1 t# \$ N5 s) {& {6 Z- ]: K& R: mtvb now,tvbnow,bttvbMichael C. Davis says not only does the white paper raise doubts about Beijing's commitment to the rule of law, but its tough stance has also inflamed, not frightened,Hong Kong protesterstvb now,tvbnow,bttvb) h8 D% ~0 R( u
, w `2 U- I" ios.tvboxnow.com : Z- {$ r2 u/ M: } G$ J公仔箱論壇What is the purpose of Beijing's white paper on Hong Kong? Some argue that it is issuing a warning to unruly protesters.Others assert that this is nothing more than a progress report on "one country, two systems". ' d' Z3 N2 q" A. p7 \1 _tvb now,tvbnow,bttvb( x# E( N0 j* a$ }% l: Y5 ~: N
A careful reading of the text suggests,rather, an overriding purpose to say forcefully that Beijing is in charge. What will this mean for Hong Kong's rule of law?3 W" K. S O% J. `: }: {
7 E2 h; o0 I: \/ P+ L8 x+ qMost striking in the report is the dramatic change of tone from 30 years earlier. When the Sino-British Joint Declaration was signed in 1984, Hong Kong people were told to put their hearts at ease.There would be "one country, two systems", Hong Kong people ruling Hong Kong, a high degree of autonomy and no change for 50 years. 7 [' i$ X A9 I $ x& Z) ^2 f# K9 x! D6 ptvb now,tvbnow,bttvbThe legislature was to be chosen by elections and the chief executive by elections or consultations. The common law was to be maintained and the courts were to be independent and final. These requirements were stipulated to be included in the Basic Law. 4 e0 G& ?6 h& E 7 `) |) u! _( S( k2 @tvb now,tvbnow,bttvbThis agreement and eventually the Basic Law were taken to the capitals of the world where foreign governments were asked to rely on this guarantee of Hong Kong's high degree of autonomy in treating Hong Kong distinctively. ( _: g. g) D. l/ `7 F. `! kTVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。 ' D0 L) m o# F" a1 ~4 F公仔箱論壇Now we are confronted with a white paper on Hong Kong, which, after repeating the above guarantees, tells us in no uncertain terms that Beijing is the ultimate authority, that "one country" is way more important than "two systems" and that foreign governments are to keep their noses out of Hong Kong affairs. 2 x* R5 A: {) P( e9 M. m/ T/ j3 @ % L8 O8 x/ j9 l公仔箱論壇We are told the National People's Congress Standing Committee can interpret and amend the Basic Law as it chooses. In words reminiscent of Communist legality, the Standing Committee is even said to have "the power of supervision over the laws formulated by the legislative organs of the HKSAR". Beijing adds to this the rather threatening reminder of its power to declare a "state of emergency". A possible saving grace is the questionable legal impact of a white paper. . A8 W" e& y5 }3 ~' u. O( W' r/ I' g
Can you have the rule of law under a government with unlimited power? Is not Beijing's power limited by the Sino-British declaration and the Basic Law?公仔箱論壇% _% T- l! Y* ^8 d, T! @# _
1 j- C6 A6 W2 g8 P1 v. atvb now,tvbnow,bttvbPart I of the white paper plays down the solemn international legal commitments that underlie the Basic Law. The 12articles of the joint declaration are introduced as "12 principles"that the Chinese government formulated before the joint declaration. The whitepaper acknowledges their eventual incorporation in the joint declaration but identifies them only as Chinese policies and not solemn international legal commitments. It thereby argues that the Basic Law and its interpretation is purely a domestic matter, allowing the central government the widest discretion in interpretation and amendment.6 l6 p: v4 |4 K" l
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Some have argued that much of the content of the white paper had been interpreted or proclaimed before, that there is nothing new to worry about. For example, some would argue that the 1999interpretation in the right of abode case already confirmed the ultimate power of the Standing Committee to issue binding interpretations. Restraint in exercising this power in the years since has, to some extent, mollified public concern over this potential interference with Hong Kong's legal system. The white paper's robust reassertion of the central government's absolute power over Hong Kong and Basic Law interpretation will surely again raise doubts about the rule of law and Hong Kong's autonomy.TVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。' G1 U) F; p* c) l w( U' s
0 j! V7 q$ Q c3 v公仔箱論壇The current debate over universal suffrage will test Beijing's commitment to the Basic Law. Will the next election of the chief executive deny the public a genuine choice? The white paper says very little on this topic, except at one point it characterises the current make-up of the Election Committee as "an expression of equal participation and broad representativeness". This challenges the widely held Hong Kong view that the Election Committee is not broadly representative and fails to provide equal participation. ( O8 W, x; y9 a: X+ }; D0 M0 [TVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。 * ]1 \( G0 U0 w; hos.tvboxnow.comDoes this language signal an unrepresentative nominating committee? Could this be combined with a high nomination threshold to screen out pan-democrats?* V# f% o8 N G& ]8 F# |
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The white paper raises doubts about the central government's commitment to the rule of law. Casting the Standing Committee as the primary guardian of the rule of law is not very reassuring.Proclaiming at the same time the Standing Committee's wide discretion to interpret and amend the Basic Law as it chooses poses a profound contradiction. 6 \: p: W% l3 T2 Q: C% F 9 z$ }; E; ]) m, C" W' jtvb now,tvbnow,bttvbAs noted by the Bar Association, the whitepaper's lumping of judges under the administrative branch of the Hong Kong government shows little appreciation of the independence of the judiciary. Expecting judges to be patriots, guarding national security, surely undervalues the calling of judges in the common law tradition as independent guardians of the rule of law.: n/ j" V3 K1 S) d2 D7 ~
8 b+ }$ b5 {( P. s* N公仔箱論壇It also ignores the fact that many of our judges are foreigners. Sufficient loyalty to constitutional requirements is generally thought to be adequately secured by the statutory oath of office. + f! A8 Y* w# \+ G8 N: h( m3 U公仔箱論壇 / q9 ~! \8 U3 H) ^Will Beijing succeed at sending a signal of disapproval to the allegedly unruly Hong Kong protesters? If this is the intent, then Beijing has clearly taken the wrong step. Emphasising that the central government is boss and holds all the power will only inflame Hong Kong resistance.公仔箱論壇% i2 B4 R6 \+ Z5 ^# x+ }
In a system where the rule of law prevails and official discretion is limited, resort to constitutional guarantees will be the primary mode of checks on poor government policies. If official discretion is broad, democratic institutions are non-existent and constitutional limits unreliable, the resort to political protest and even civil disobedience may be the only avenues for change.6 P, p4 M, l6 ?0 f& ~
TVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。1 O) s' C+ J' Q$ V5 K; F
The most effective way for Beijing to calm resistance is to assert less control, not more. The way to damp down protest is to uphold the solemn promises of the Basic Law and Hong Kong's autonomy, respect the city's tradition of the rule of law and implement genuine universal suffrage.tvb now,tvbnow,bttvb7 F0 @. E: S2 D$ b
6 G$ w) \1 M0 B$ b/ k/ Jos.tvboxnow.comProfessor Michael C. Davis, of the University of Hong Kong, specialises in constitutional law and human rights 9 A# @# _* _, ltvb now,tvbnow,bttvbos.tvboxnow.com7 \ M5 z" S0 h/ B9 Z
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