關於 criminal procedure us ，我們在網路上蒐集到這些相關的討論、資訊與評價

Widely considered the first legal test of Beijing’s national security law for the city, the Court of Final Appeal in Hong Kong denied bail to Apple Daily founder Jimmy Lai. The ruling stipulated that no bail should be granted to those charged with national security violations unless they have sufficient proof, as the new legislation excludes the presumption in favor of bail under the general criminal procedure ordinance.

Read more: https://bit.ly/3rBX128

黎智英保釋案，是自國安法去年7月實施以來，終審法院首宗處理關於國安法的案件。終院於判詞指出，國安法是人大常委會的立法行為，本港法庭無權審核國安法是否違反《基本法》或《公民權利和政治權利國際公約》。而國安法第42條特別為國安案件設下全新和較嚴格批准保釋門檻，考慮起點與一向採用的《刑事訴訟程序條例》第9條截然不同。
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《免於恐懼的自由祈禱會》
呂秉權先生的分享

#絕望中的希望 《免於恐懼的自由》祈禱會
呂秉權 兄弟分享--- #沸點即場筆錄

片段 ▶️ https://www.facebook.com/109180535767655/posts/2493494547336230?s=548400948&v=e&sfns=mo

主教、神父、各位兄弟姊妹，大家好！很感恩可以在這裏跟大家分享，大家還是平平安安。我想起一位從大陸偷偷地來香港返教會，「宗教自由行」的姊妹，她說，想不到竟然可以在街頭報佳音，如果在大陸做這事的話，一早就被拒捕了！原來，我們可以站在街上祈禱、唱聖詩，是這麼美好的事情！

今次逃犯條例的修訂，令政府有一個很大的讓步，我可以說，這是一個奇蹟、是一個神蹟！

為我們這群，一直研究中國大陸政治的朋友來說，看著所有原先的蛛絲馬跡，中央對港的方針，是沒有讓步這計劃的！我跟大家說，原本這樣的逃犯條例，是怎樣的一回事：北京和林鄭月娥，他們以為這條例必定順利通過！為什麼？

首先，立法會絕對有足夠的票數去支持、商界也在中央的操控下一一「跪低」，即使你不情願，你不願意收回你的司法覆核也好，你最好也要跪低。

第二，在民意而言，北京已經評估過香港狀況，就算最多反對聲音、最壞程度，北京原先的評估，反對者就是佔中的規模；而佔中的規模，特區政府和警方已綽綽有餘，足以瓦解這行動於無形。兼且，這幾年來，香港的警隊， 已經不再是同樣的警隊了！香港的警隊已經進化了很多。

在後勤，我們亦知道解放軍已預備好。上一次佔領行動的時候，解放軍駐港部隊的深圳後勤部隊已經演練了；他們以四人枱一個人的規模，預備進行必要的介入，但最終沒有用到，但是他們是有部署的。如果有1萬人的集會，四個人抬1人，換句話說，就是說有4萬兵力在後勤準備。今次，不要以為我們看不見明顯的徵兆；解放軍駐港部隊已經不經不覺地做了不少工作。大家可記得？山竹襲港時，市面和郊野公園有大片破壞，解放軍駐港部隊幾百人，居然越過了駐軍法，沒有通知特區政府的情況下，可以出兵幾百人，穿着制服，他們以清理郊區的名義，動員幾百人，沒有駐軍令、沒有適當程序，他們就派了幾百個解放軍來了。這一點，我自己認為是十分危險的訊號。

第三，除了因為林鄭信心爆棚外，還有中央的因素在內。如果我們只看表面的話，會以為（修例）只是林鄭個人決定。其實，逃犯條例的修訂，中央跟香港談了很多年了，他們問香港要人，要了很多年了！今次在這修訂逃犯條例的大背景下，中央政府希望「法律武器化」香港；簡單來說，就是用任何香港的程序和法律去實行國家安全，這至高無上的保障。中央想通過這條移交逃犯條例，其實是一條「萬能Key」，文匯大公的權威解讀，國內中港智囊研究多年中港移交條例，除了一般所說：大陸犯罪的人匿藏在香港、除了香港人在國內犯罪回到香港外...... 更重要的計劃，就是威脅「國家安全」的罪犯。

在文匯大公報，5月23日引用權威人士解讀：當遇到威脅國家安全的罪犯時，一般是由香港，按照香港法律程序去處理的。那換句話說，是有不一般的情況了？當不一般的情況出現了，是不是就是可以超越香港程序去處理？而在國內研究這問題的智囊，很清楚跟我們說，在中國法律上，是沒有「政治犯」的！我們從前說反革命罪犯、或現在煽動顛覆國家政權罪犯，他們並非「政治犯」，而只是三個字：刑事犯！當我們面對刑事犯的時候，是否不引渡呢？是不是用政治犯為保護罩，我們就不引渡危害國家安全的罪犯呢？國內的智囊說，國內的邏輯是相反的！正是這些人破壞國家安全，香港更不能夠成為國家安全的漏洞，更加要去移交（罪犯），這是最恐怖的。

為什麼我們覺得恐怖呢？因為我們怎樣去定義一個人危害國家安全呢？那標準是相當之闊！在內地，只要你所謂「得罪共產黨」，你做一些黨不喜歡你做的事；你批評中央、你去支援內地的宗教，也許你報導一些新聞，內地不喜歡的......很容易你就會被檢控。

以往很多人被「砌生豬肉」（誣告），用藏毒罪、用偷竊罪、用間諜罪...... 被指控，是很恐怖的情況！我們中國大陸所行的體制，是人民民主專政，簡單來說就是「專政」兩個字！

專政是什麼呢？專政就是說，當面對政府所認為的「敵人」時，就可以不需要依照法律辦事、可以越過法律。如果大家還記得，在內地發生過不少專政事件，劉霞為什麼會完全沒有在法律程序下，被剝奪人身自由、被軟禁這麼久？銅鑼灣書店的相關人士，為什麼可以在香港跟泰國等地被綁架；被綁了之後，自願被剝奪所有法律權利，不見家人，在電視機面前認罪......為什麼呢？因為當時中國政府正在實行專政。

國家主席劉少奇，用憲法的名義叫大家不可以這樣去迫死人， 到最後......他們將一個被鬥到遍體鱗傷，急需醫院治療的一個國家主席，丟在河南的一個密室，失救至死。專政還可以令十大元帥賀龍，他患有糖尿病和各種疾病；死的時候被人專政，把高質量的葡萄糖液，打進他的身體，葡萄糖液與糖尿病結合...... 令他的腎臟衰竭、身體衰竭而死。

當一個國家說自己依法治國，但隨時可以行專政的時候，香港的法律開了一扇門，與這種專政的做法接連、以國家安全名義...... 這是多麼恐怖的事呢？而這個程序去修例，就是原來的劇本！

原來的劇本亦包括，中央在年頭的時候，審視全國的形勢，去防止各種的失控，各種不穩定因素，各種的風險。國家開了全國最高省部級的領導幹部大會，有習近平在中央黨校開講，很出名的什麼灰犀牛、黑天鵝、六個穩定，就是從這會議中出來的。當時中共領導人，是很害怕一件事： 所謂的中國「逢九必亂」，逢年份有9，他們就容易有大亂，中共見證着：
1949年，國共的更替；59年，大饑荒；69年，中蘇珍寶島之戰，國家主席劉少奇被鬥死；79年，中越戰爭；89年，六四事件；99年，法輪功圍中南海；2009年，新疆七五騷亂。

2019年頭的時候，中共已經開了全國大會去防止有任何混亂的情況。他們做了很多措施，亦都分享了很多經驗怎去處理問題。當時在中央的劇本中，香港的局勢可以說：穩如泰山！沒有可能在逢九必亂的其中一亂，是沒有可能的。他們所擔心的是經濟、與及萬一出現的失業問題，中美貿易之戰，絕對不是香港的事情。

近年，中央領隊領導人對香港的研判，他們認為香港局勢是非常的大好！為什麼這樣說呢？因為全面管治權已逐步落實，立法會受到建制的加持，由於這些社運、甚至旺角騷亂的人，相繼被重判；各種不同政見的人被DQ，整個社會的公民意識越來越低；北京與林鄭政府是極有信心的，這條例，不可能不通過！習近平早年說怎樣處理群眾運動時，清楚地說到：他剛剛上台，要扭轉胡、溫時代的那種妥協作風。習近平說：不可以：小鬧小解決、大鬧大解決、不鬧不解決！他不能讓這情況持續下去！習近平任內對港的多番措施，沒有一件證明他是妥協的；除了梁振英的不連任，而當時，是因為他在建制及商界中拿不到票 。有數票的人說，取得601票已是十分困難了，不是群眾的力量造成。而今次面對6月9日103萬人大遊行，大家可以看到，林鄭與北京政府當時的不妥協，遊行完後，無論人數有多少，依然故我，條例繼續。

當我們常常會問：天主你在哪裏？天主，為什麼香港可以被人摧殘至此？不知怎樣來了一個逆轉 ！當我們很多時質疑青年是「廢青」，在612星期三，出現了一個大家都不想看見、但卻成了一個逆轉的場面！一班青年人，他們有些是寫了遺書的，決定自己去擋子彈的情況下，他們去衝擊立法會、衝擊警方防線！當然從法律來說，他們的做法是犯法的；但是從一個公義的角度，他們認為這事情不應該這樣繼續下去，所以，他們做了抗爭。而這種抗爭，竟令到已經升級變形的香港警隊，殺紅了眼，連內部評估，也認為當警方被衝擊後，出去對群眾的清場用槍、去射頭部、用各種武器去攻擊一些無辜的人；警隊的一些內部評估，也認為是過火了。是這情況令到整件事逆轉！整個國際的壓力，令到北京政府難以承受。

那原先他們的計劃是怎樣呢？在內地的電視，和平集會的鏡頭全部被刪去，被描繪成示威者衝擊警察、暴徒般襲擊，今次他們想說成香港暴徒襲擊政府，以拿取道德高地。殊不知，警方濫用武器、過度執法、逆轉了整個畫面！原本習近平的計劃：叫做「楓橋經驗」，那就是遇到群眾事件時，就地解決，矛盾不上交！煎你的皮、但內裡燒不焦；鬥你的表面，但內部不會出事......

但很可惜，今次特區政府不單止沒有「矛盾不上交」，不但上交中央、還上了國際層面；令中共面對非常大的壓力，因而出現了一個逆轉。

我認為，這是天主的眷顧、天主的神跡！

到最後，我想用一個眼神去完結我這個分享：我記得，在612過後，我跟朋友去了一所聖堂，在聖堂門口見到一對警察，虎視眈眈，還是非常強硬的態度，他們想去捉拿聖堂內的青年。我在聖堂內看見一位青年，穿著黑背心，眼神很惶恐。我問他，可要幫他買件衣服，讓他離開？他說：「不用了」，他在聖堂得到了保護，找到了他的家，真正的父親、母親。當我行出教堂外，警察的目光，好像張牙舞爪，想要抓一個孩子......

希望上主繼續眷顧我們，賜我們平安；希望傷者能得平安...... 主佑香港！

2019年6月19日晚上

▶️ 祈禱會直播 https://www.facebook.com/1764198537146061/posts/2394608974105011?s=548400948&sfns=mo

▶️再談逃犯條例修定研討會 https://www.facebook.com/hkjpcom/videos/2180158835373248?s=667412853

“Hope in despair”
sharing of Mr Lui Ping Kuen at the “freedom from fear” prayer meeting

Bishop, father, brothers and sisters:

I am so grateful to share with you all here and I am grateful that we are all safe. I think of a sister who sneaked in Hong Kong to attend church services, “Religious Individual Visit”. She was surprised that there was street caroling in Hong Kong because one will be arrested if one does this in the Mainland. It is so wonderful that we can pray and sing hymns on the street!

I can claim that it is a miracle that the government retreats on the extradition bill!

For people like us who have studied Chinese Politics for a long time, we found that the Central Government had no plan to retreat in their policy towards Hong Kong from the clues we observed. I told you what the extradition bill was about originally: Beijing and Carrie Lam thought that the bill must be passed smoothly! Why?

First of all, there were definitely enough votes in the Legislative Council to pass the bill, and the business sector also submitted under the control of the Central Government, whether you were willing or not, whether you wanted to withdraw the judicial review application or not, you’d better submit to it.

Secondly, the Central Government has assessed the views of people in Hong Kong and they thought that the worst case scenario would be similar to that of the scale of Umbrella Movement only. They believed that the HKSAR Government and the Police could handle that scale of protest easily. Moreover, Hong Kong Police Force is not the same as the one a few years ago and has improved a lot. We also knew that the People's Liberation Army was well prepared to support. The logistic unit of People's Liberation Army Hong Kong Garrison in Shenzhen has drilled during the previous occupying movement. They prepared to intervene, on a scale of 4 soldiers to remove 1 protester, when necessary. Although it was not carried out eventually, they were prepared. If there is a rally of 10 thousands people, 4 soldiers removing 1 protester, that means there are 40 thousands soldiers preparing to support. We can see significant signs that People's Liberation Army Hong Kong Garrison has done a lot when we are not aware of it. Do you still member, there was extensive damage in urban and rural areas during the strike of severe typhoon Mangkhut? A few hundred soldiers from the People's Liberation Army Hong Kong Garrison wearing their uniform, bypassing the Garrison Law and without informing the HKSAR Government, were mobilised in the name of clearing the rural areas. Ignoring the Garrison Law and proper procedure, they sent a few hundred soldiers. I think this is a very dangerous sign.

Thirdly, besides the overconfidence of Carrie Lam, the Central Government is also a key factor. On the surface, we would think this (amendment of the bill) is solely Carrie Lam’s own decision. In fact, the amendment of extradition bill has been discussed between the Central Government and the HKSAR Government for many years. They have been asking Hong Kong for people they wanted for many years! The Central Government wants to make law their weapon in Hong Kong, to put it simply, the Central Government wants to exercise national security by using any procedures and laws in Hong Kong, this is the ultimate protection. The Central Government wants to pass this extradition bill, which works for nearly anything. From the authoritative interpretation by the Wen Wei Po and Ta Kung Pao, the think tank in Mainland which has been studying extradition law between Mainland and Hong Kong for many years, that it is because, besides the situations that the criminals from the Mainland hide in Hong Kong or Hong Kong people committed offences in the Mainland and hide in Hong Kong, more importantly the criminals that threaten “national security”.

On 23 May, Wen Wei Po and Ta Kung Pao quoted interpretation from authority that it is normally handled by Hong Kong according to Hong Kong legal procedures when there are criminals that threaten national security. In other words, there are abnormal situations? Will it bypass the Hong Kong legal procedures to handle the case when abnormal situation occurs? Member of think tank in the Mainland who studies this issue told us clearly that, there is no “political offenders” under Chinese law. No matter the “counter-revolutionary” offenders in the past or the current “inciting subversion of state power” offenders, they are not “political offenders” but criminal offenders! Are we not to extradite a criminal offender? Are we not to extradite offenders threatening national security by using “political offender” as a protection shield? Member of think tank in the Mainland said, the logic in Mainland is the opposite! As these people cause damage to national security, Hong Kong should not be the loophole of national security and more justified to extradite (offenders). This is the most dangerous part.

Why do we think that this is dangerous? It is because it is very easy for one to be defined as threatening national security. In the Mainland, if you do anything that the Communist Party doesn’t want you to do and upset the Communist Party, such as criticising the Central Government, supporting the religions in Mainland, reporting some news they don’t like. You are easy to be prosecuted.

In the past, there were a lot of people being prosecuted with false accusations including possession of drugs, theft, espionage. It is very horrible! The system in Mainland China is called “People’s democratic dictatorship”, to put it simply, dictatorship! What is dictatorship? It means that the Government do not need to follow the law and can bypass the law when dealing with their “enemies”. There were many incidents occurred under dictatorship in the Mainland if you still remember. Why were Liu Xia put under house arrest, deprived of personal freedom, for such a long time without following any legal procedures? Why were the people related to Causeway Bay Books kidnapped in places like Hong Kong and Thailand, then voluntarily deprived all legal rights, not to meet their families, and pleaded guilty on television? Why? It is because the Chinese Government is practising dictatorship at that time.

President Liu Shaoqi asked people not to persecute and caused the death of others in the name of constitution, at the end… They left a president who was seriously hurt by the crowd and was required to be sent to hospital for treatment urgently, in a room in Henan secretly and died as he was not saved in time. Dictatorship also made one of the then 10 Marshals of the Communist Party, He Lung, who suffered from diabetes and other illnesses, dead after an injection of a large dose of glucose. The glucose and diabetes caused his death by kidney failure and multiple organ failure.

When a country claims that it exercises rule by law, but it can also exercise dictatorship at anytime, if the Hong Kong legal system will be connected to this dictatorship, in the name of national security… how horrible is this? And this is the original script, which the law would be amended according to this procedure! The original script also included that, the Central Government has assessed the situation of the whole country to prevent any out-of-control situation, to prevent any uncertainties and risks in the beginning of this year. A countrywide meeting for officials of provincial level was held and Xi Jinping gave a speech at the Central Party School. Those famous saying included “grey rhinocero”, “black swan”, “six certainties” are originated from this meeting. The leaders of Communist Party were scared of one thing: the so-called “chaos in the years ending in 9” as the Communist Party witnessed chaos happened in those years ending in 9: 1949 - the Kuomintang was replaced by the Communist; 1959 - the Great Famine; 1969 - Sino-Russian Zhenbao dao War and President Liu Shaoqi was dead; 1979 - Sino-Vietnamese War; 1989 - Tiananmen Square Protests; 1999 - Falun Gong practitioners surrounded the Zhongnanhai (Central Government compound in Beijing); 2009 - 5th July Incident in Xinjiang.

In the beginning of 2019, countrywide meeting was held by the Communist Party to prevent any chaotic situation. They have done a lot and shared experience on handling problems. On the script of the Central Government at that time, the situation in Hong Kong was extremely stable. This was impossible for Hong Kong to become one of the chaos in the “chaos in the years ending in 9”. This was impossible. They were worried about the economics and the possible unemployment problem, US-China Trade War, definitely not Hong Kong issue.

The leaders of Central Government assessed that the circumstance in Hong Kong was very favourable in recent years. Why did they think so? It is because overall jurisdiction is gradually exercising in Hong Kong, the Legislative Council is supported by the pro-establishment camp; the social activists or even people involved in MongKok Riot were serving severe sentences; people of different political views were disqualified, civil awareness of the community became lower and lower; Beijing and Carrie Lam’s team were very confident in passing the bill. Talking about how to handle social movement, Xi Jinping stated that he would change the compromising style of Hu(Jintao)-Wen(Jiabao) Era when he came to power. Xi Jinping said no to “small conflict solves on a small scale, large conflict solves on a large scale, no conflict then nothing will be solved”! He could not allow this situation to continue. None of the policies towards Hong Kong showed any compromise during Xi Jinping’s rule, except no second term of office for CY Leung. It was because he could not get enough votes from the pro-establishment camp and the business sector at that time. One who counted the number of votes (before the election to estimate the number) said that it was difficult enough to get 601 votes. It was not a result of the power of the people. There were 1 million and 30 thousands people joining the demonstration on 9th June, we could see that Carrie Lam and Beijing Government did not compromise. No matter how many people joined the demonstration, they continued the procedures to pass the bill after the demonstration.

When we keep asking: “Where are you God?” “God, why are Hong Kong people tortured like this?” Here comes a reverse! When we question the youngsters as “useless”, on Wednesday 12th June, a situation that we all didn’t want to see occurred, but it made a reverse! A group of youngsters, some of them have written their testaments and decided to block the bullets, charged against Legislative Council and the Police cordon lines! Of course, their acts were illegal from the legal point of view; however, from the point of justice, they didn’t think that this issue should continue in this way. Therefore, they protested. This kind of protest unexpectedly triggered the uncontrolled attack by the upgraded and distorted Hong Kong Police. Even the internal assessment of the Police Force considered that the Police who used guns, shot in the head and used different weapons to attack innocent people, to clear the scene after being clashed, went too far. This is what made the issue reversed! The international pressure made it unbearable for Beijing Government.

Then what was their original plan? On the Mainland television, shots of peaceful assembly were all deleted and would be described as the protesters crashing the Police and attacking like mob. They wanted to claim that Hong Kong mob attacked the Government to gain moral high ground. However, excessive use of force by the Police reversed the whole situation. The original plan of Xi Jinping was called "Fengqiao Experience” which solves the social events on site and not to escalate it; attacks the surface but not to affect the core part. Unfortunately, the HKSAR Government could not solve the problem on site and escalated to the Central Government, and even reached an international level. It created a very big pressure for the Communist Party and made a reverse.

I think this is mercy from God, a miracle from God!

Lastly, I would like to conclude my sharing by the expression shown in one’s eyes. I remember I went to a church with friends after the 12th June incident and saw a pair of policeman at the entrance of the church, looking aggressive and wanted to catch the youngsters in the church. I saw a youngster in church, wearing a black vest, looked terrified in his eyes. I asked him whether I should help him to get clothes so that he could leave. He answered no. He found protection and home in the church, found his real father and mother. When I left the church, from the look of the policemen, it seemed to me that they wanted to catch a child…

May God continues to bless us with peace and may the wounded be given peace. God bless Hong Kong!

Evening of the 19th of June

#沸點直擊

幾間大和尚寺都開拖扯友打end game：男拔丶英皇丶聖類斯丶慈幼 #今次到聖租

【聖若瑟書院舊生、學生及教師就《逃犯條例》修訂草案之聯署聲明 | Statement from Old Boys, Students and Teachers of St. Joseph’s College Opposing the Amendment to the Fugitive Ordinance】
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ACT NOW!
聯署連結: https://forms.gle/AWD1SvQ49ghToWDw9

聲明(google doc版): https://docs.google.com/…/1SqpExdkHZdeXlxzUGusJd1LHqI…/edit…
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(please scroll down for the English version)

特區政府倉猝硬推《2019年逃犯及刑事事宜相互法律協助法例（修訂）條例草案》，激起香港市民以至國際社會強烈反彈。條例草案以司法互助之名，將在港人士引渡到司法獨立存疑的中國大陸受審，人權保障嚴重不足，情況教人擔憂。倘若通過，香港人珍重的自由、法治等核心價值定必再遭削弱。有見及此，我們一眾聖若瑟書院舊生、學生及教師發表聯署聲明，表達對《逃犯條例》修訂之不滿。

香港政府宣稱修訂條例旨在將台灣殺人案疑犯繩之於法，交付台灣審判，同時堵塞逃犯匿藏香港的漏洞。然而，台灣當局明確表示，修例「衍生諸多侵犯人權及人身安全疑慮的關切」。行政院大陸委員會多次強調，在未排除在港台灣人被移送到大陸的威脅之前，即使通過修例，台灣亦不會同意接收本案疑犯。政府希望通過修訂條例「彰顯公義」之說明顯站不住腳。事到如今，即使知道修例無法將台灣殺人案疑犯「繩之於法」，港府仍無意撤回草案，一意孤行。

程序公義是善政的基石。是次修例之過程極為倉猝，公眾諮詢期只有短短 20 日，社會各界無暇充分表達意見。建制派立法會議員為盡快通過條例，漠視議事規則，越權剝奪涂謹申議員主持選舉主席的法定職責。政府後來更認定法案委員會失效，動議將草案逕付大會審議，建制派議員護航通過，立法機關淪為橡皮圖章。

除台灣外，是次修例引起世界各地密切關注。5 月 23 日，美國國會及行政當局中國委員會向香港政府發信，擔心香港修訂逃犯條例將影響目前美國與香港之間的特殊關係，要求當局撤回這項立法修訂。5 月 24 日，歐盟駐港澳辦事處及其成員國外交代表亦向港府發外交照會，正式就「修例可能將在港人士送往中國大陸接受不公平審訊」提出抗議。

4 月 28 日，13萬市民上街遊行，反對修例。然而，政府漠視民意，一再削弱立法會的監督角色，意圖借修例把立法會在處理移交逃犯上的把關角色移除。此舉不僅有破壞三權分立之嫌，更引起港人及國際社會對於香港法治及「一國兩制」的憂慮。若然條例最終通過，美國政府可引用《美國－香港政策法》拒絕給予香港特殊地位，重創本港競爭力及營商環境。

人皆生而自由；在尊嚴及權利上均各平等。香港人引以為傲的制度保障每一個人的自由和基本權利，安定社會民心之餘成就了今時今日的繁榮。是次修例直接衝擊港人一直擁護的價值和宗旨，加上近年司法系統早已飽受侵擾，我們豈能視若無睹？倘若成功修例，代代香港人以血汗換來的長治久安終將毀於一旦，香港再不會擁有自己的名字。

我們一眾聖若瑟書院舊生、學生及教師希望藉聯署聲明表達對《逃犯條例》修訂的不滿。我們要求政府立即撤回草案，考慮社會各界提出「域外司法管轄權」、「賦予法庭實質審查權」、「港人港審」、「日落條款」等其他切實可行的方式處理台灣殺人案。我們始終相信法治、司法獨立和人權等價值對香港極為重要。是次修訂不僅影響香港的國際聲譽，更威脅港人的人身自由及安全。香港是我們的家，守護香港，我們義不容辭。

最後，我們希望兩位若瑟夫——石禮謙議員和林健鋒議員銘記母校教誨，三思而行，為香港以至下一代的未來著想，反對修訂《逃犯條例》。

一羣珍愛香港的若瑟夫
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Statement from Old Boys, Students and Teachers of St. Joseph’s College Opposing the Amendment to the Fugitive Ordinance

The HKSAR Government attempted to push the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019 (Fugitive Ordinance Amendment Bill) through in the Legislative Council, sparking public outcry from not only Hong Kong, but also the international community. The Amendment Bill allows individuals in Hong Kong to be extradited to Mainland China, which has a less than credible judicial system. This is particularly worrying. Core values most cherished by Hong Kong people, such as liberty and rule of law, will further diminish. We, old boys, students and teachers of St. Joseph’s College are concerned with the situation, and we would like to express our views through this statement.

In the beginning, the HKSAR Government claimed that the Amendment was intended to bring the suspect of the Taiwan murder to justice. However, the Taiwanese Government indicated that the amendment “brought much attention to possible violation of human rights and personal safety”. On 9 May, the Mainland Affairs Council clearly stated that they would not accept any suspect extradited under the amended ordinance, before a clearance of threat to Taiwan citizens travelling to or residing in Hong Kong, of being transferred to Mainland China. The HKSAR Government’s contention to “uphold justice” simply cannot stand. Given how the events had unfolded, even though the amendment could not longer perform the function of putting away the Taiwan murder suspect, the HKSAR Government had no intention to withdraw the amendment bill.

Furthermore, the procedure to pass the bill is extremely hasty, the public consultation period lasting for only 20 days, there was no sufficient time for the public to voice their opinions. Pro-establishment Legislative Council members attempted to replace the host of the Bills Committee with Abraham Shek, also a pro-establishment councillor, with no regard to the convention of the Legislative Council on hosts, so as to further their cause of rushing through the bill. The Government later announced that the Bills Committee has “lost its function” and will disregard the Bills Committee and table the bill for second reading on 12 June, with no respect for the procedural fairness.

Besides Taiwan, the Amendment has raised international concern. On 7 May, the United States-China Economic and Security Review Commission (USCC) issued a letter to the HKSAR Government expressing concerns with the special relationship between Hong Kong and the US, demanding the authorities to withdraw the Amendment. On 24 May, the EU Office in Hong Kong and Macau together with diplomatic representatives of its member states issued a formal diplomatic demarche to the HKSAR Government, protesting the “possibility of individuals in Hong Kong sent back to China for unfair trials”.

On 28 April, 130,000 Hong Kong citizens marched on the streets, expressing their discontent in the Amendment. But the Government ignored the cries of the people, and further reduced the legislature’s power to regulate, by attempting to remove the Legislative Council’s power to act as a final guard in fugitive extradition. This does not only undermine the separation of powers, but also raises concern from Hongkongers and the International community on Hong Kong’s rule of law and “One Country Two Systems”. If the Amendment does get passed eventually, it might violate certain key provisions in the “United States - Hong Kong Policy Act”, damaging Hong Kong’s reputation of s safe business environment for American and International corporations. If the US Government cancels the Act in light of the Amendment, it would affect Hong Kong’s special status around the world, grievously damaging Hong Kong’s competitiveness and business environment.

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Our system protects each and every one of our rights and freedom, brings order to society. Hong Kong thrived under such privileged circumstances. The Amendment directly impacts the value and morals that we so treasure, on the other hand our judicial system has been wearing away every day for the past few years, we could not turn a blind eye to this. If the Amendment passes, the achievements of a few generations’ hard work and sacrifice will go up in flames. From that point there will be no turning back, Hong Kong will no longer have its own name.

We are old boys, students and teachers of St. Joseph’s College, and we hope to express our concerns and discontent in the Amendment Bill through this statement. We believe that the HKSAR Government should withdraw the Amendment Bill immediately, and consider plausible suggestions from society, like “Extraterritorial Jurisdiction”, “Hong Kong trials for Hongkongers” and “Sunset Clauses”, in order to settle the Taiwan murder. Rule of law, judicial independence, human rights are crucial values to Hong Kong. The Amendment not only damages Hong Kong’s international reputation, but is also a serious threat to the liberty and safety of each and every single Hong Kong citizen. Hong Kong is where we grew up, and we ought to protect it.

We will bravely defend the cause of the right, and march forward with courage in ways that are just.

Lastly, we sincerely hope that while Hon Abraham Shek and Hon Jeffrey Lam, both Josephians, are in their life’s earnest battle, they could be true to their standards learnt from their alma mater, be doing and daring, and for the sake of Hong Kong and future generations, oppose the Amendment.

Josephians who love Hong Kong dearly