uk justice system的八卦，Yahoo名人娛樂都在討論

No one deserves the kind of cruel and inhumane treatment that Mr Cheng received in China.

#SecretPoliceInChina
#PoliceBrutalityInChina
#NoExtraditionToChina

//But Mr Cheng’s written statement suggests he does not see the protection he's being offered as adequate and, he says, he's now seeking asylum anywhere he can feel safe.
While he faces an uncertain future, the political and diplomatic ramifications of his extraordinary testimony are likely to be significant.
The claims he makes will feed into the already frayed relations between the UK and China over the subject of Hong Kong.
China will face questions about the use of torture in its headlong search for proof of foreign interference.
The British government will face questions about whether it could have done more to protect Mr Cheng as well as its treatment of him since.
As for Hong Kong's protesters - who began their fight against an extradition bill that would have allowed suspects to be sent to China - Simon Cheng's story will confirm one thing above all else: that there is indeed much to fear from a justice system so at odds with their own.//

"I was shackled, blindfolded and hooded."

Possessed by Auntie Hua ｜Lee Yee

“I have always possessed the worst malice when speculating about the Chinese people,” said Lu Xun. It has almost been a century since Lu Xun said this. Is it still the case, or is it even worse? The modern version needs no more “speculations” that there have been too much evidence and universally applicable inferences.

Carrie Lam talked about the sanctions from the US and reiterated that she has no assets in the US. She said, “I am not eager to go to the US, and I just laugh it off and snort with contempt at the so-called sanctions against myself as they are neither reasonable nor logical.”

Those who truly love the country and the party should put aside personal interest considerations, even if they have assets in the US, even if they yearn for the US, they must do what they should do for the interests of the party-state. As such, why do some who have assets in the US or yearn for the US not able to laugh it off, but instead put their personal interests above the implementation of the CCP’s will? Or should they be prepared for sanctions as soon as possible?

"Snort with contempt"? Such scorn towards the US sanctions. But what if not only the US, but also the UK joins the sanctions? A few days ago, in "A Laowai’s [foreigner's] view of China" video, Alicia Kearns, a member of the Parliament of the UK and a member of the Foreign Affairs Select Committee, talked about her views on the Hong Kong version of the National Security Law and the sanctions against Carrie Lam and other officials. She said, "I really hope we can see the sanctions against the CCP, they are the group of people who have committed the most appalling human rights violations in the world." When Carrie Lam was asked two days ago whether her family members hold British passports, she said that her family members are those who need her protection the most. Therefore she refused to discuss anything about them. Why can’t she “snort with contempt” at the possible sanctions by the UK?

Carrie Lam said that whether it is the National Security Law or the postponement of the elections, the decisions were "based on the interests of the Hong Kong people": "I don't understand at all. Why will a local leader carry out local duties within her country be sanctioned by foreign governments? I really don’t know the grounds and the logic behind this.”

Many countries have already repeated clearly the reasons behind but being the Chief Executive of Hong Kong, she still does not understand. Has she been possessed by Auntie Hua [Chinese Auntie]? Other reasons aside, just take how various countries have now suspended their extradition agreements with Hong Kong. When these agreements were signed, Hong Kong law clearly stated that the arrangement for the surrender of fugitive offenders is not applicable to "any other part of the People’s Republic of China". This means the offenders in Hong Kong will not be extradited to any other part of China, but the Hong Kong version of the National Security Law changed everything. Article 56 states that criminals who violate the National Security Law can be investigated by the Office for Safeguarding National Security of the CPG in the HKSAR and the Supreme People’s Procuratorate can exercise the prosecutorial power, while the Supreme People’s Court can exercise the judicial power. The situation is now different from when the agreements were signed, so it is reasonable to terminate the agreement when no choices are left. However, there are two kinds of logic in the world, one is logic and the other one is the Chinese logic. What Carrie Lam follows is Chinese logic.

In response to the Western sanctions against her, Carrie Lam claimed that "justice lies in the hearts of the people". She also said that the postponement of the LegCo election was primarily for the health of the public, without political considerations, and not from the fear of losing the election. She believed that the foundation of public opinion for the postponement of the election was solid. Praise the Lord if she hadn't mentioned the public opinion, because even God would even laugh at the absurdity. According to the latest public opinion survey published on July 28, Carrie Lam’s approval rate was only 18%, the disapproval rate was 72%, and the net rating was negative 54%, which was a record low. With such a rating, she is able to talk about "the hearts of the people" and "foundation of the public opinion " with no embarrassment and without blushing!

Earlier, there have been rumors from the leaders of the pro-Beijing camp, and coupled with the high voter turnout rate from the pro-democracy primaries, only mentally-challenged would believe Carrie Lam that the postponement of the election for one year is for the sake of the health of the people. There is a saying in the British TV series "Yes Minister": "Never believe anything until it has been officially denied." Now Carrie Lam denied both political considerations and the fear of losing - something the people can finally believe to be true.

Carrie Lam’s big moves in the consecutive days and her Auntie Hua style rhetoric have made Hong Kong citizens understand more reversely what the “Special Atrocious region government” has done: Why are only Xinjiang and Hong Kong the two places in China with the epidemic outbreaks? Borders are not closed so to introduce the Chinese laboratories, and build the Fangcang hospital. During the period from February to May, more than 200,000 people were exempted from quarantine, bringing new levels of severity to the epidemic, and therefore the election is postponed for one year due to the epidemic. Are these all scripted? Some netizens reminded that in 2015, Xinjiang Uyghurs randomly assaulted 13 people brutally at Guangzhou train station. In the same year, Xinjiang's "re-education camps" surfaced.

Hong Kong has accelerated towards one system. According to Lu Xun, there's never "the worst" and only “worsening”.

#反送中 #撤回惡法
// 若然無法確保犯人有足夠人權保障，Day One 就不應建立引渡關係，絕非特區政府一句「相信」，便將香港人送往沒有人權保障的國度 //
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【一句「相信」就可令大陸保障人權？】

建制派集體聯署要求提高移交門檻到七年或以上，惟料不到12小時，保安局局長李家超已經極速「𦧲飯應」接納建議。相反，繼歐盟28國等反對後，美國商會再度發表強硬聲明表達「不收貨」，要求政府澄清如何釋除外界的擔憂以免香港國際樞紐的地位受損（註一）；英加亦罕有發表聯合聲明，指修訂有損《中英聯合聲明》所保障的人權自由（註二），但只獲特區政府「冷處理」。種種跡象可見，特區政府只求「箍夠票」，完全無視國際社會反對修例背後、對於大陸司法制度的不信任。

坊間較少觸及的便是李家超所謂的「人權保障」，即移交時會加入「公開審訊」、「有律師代表」等要求。但當記者多次問到大陸反口時，特區政府如何應對，李家超只道「好深信呢啲承諾必然會履行」。這顯示所謂人權保障只是一紙空話，沒有解決外界擔心的司法不公問題，一旦大陸「反口唔認數」，出現央視認罪、秘密庭審，特區政府完全是無計可施。

正正是條文上無法保證大陸不反口，香港過往與外國簽署引渡協議時，千方百計防止香港與大陸不公的司法制度接軌。根據解密檔案，香港起初以一份「範例協議」（model agreement），與各商討引渡協議，但範例協議本身沒有條文防止逃犯再移交至中國大陸或其他地方。

為了堵截漏洞，荷、美、澳、加等國與香港商討引渡時，異口同聲要求加入條文防範。譬如荷蘭代表與香港商討引渡協議直言，大陸司法制度，以及大陸法院能否維持公平公正的審訊水平與別不同（its totally different judicial system and standards of justice），故要求加入「不再移交條款」，確保在沒有外國同意下，疑犯不會被送到其他地區。

美國立場更加明確具體地針對中國，表明未得到美國同意，疑犯不會再移交到中華人民共和國（assurance that a person extradited to Hong Kong will not be transferred involuntarily [deported, even] to the PRC）。由此可見，香港與外國的引渡協議，從一開始就建基於香港與大陸之間的「不引渡」。

回到今日，《逃犯條例》修訂比當年影響更深，送到大陸的不再是當年所擔憂、移交到香港的疑犯，而是更進一步，影響任何一位在香港生活甚或只是路經香港的香港人及外國人，但港府貿然與大陸建立引渡關係、所謂人權保障只是聊備一格。

事實上，是否有機制保證犯人得到公平審訊，從來是各國與中國簽訂引渡協議前的重大考量。例如與中國簽訂引渡協議、12年仍未完成本地立法的澳洲，其中一個死因便是無法保證中國會有公平審訊。澳洲律師公會甚至直言，即使澳洲單方面要求中國履行公平審訊，但最後只能「仰賴決策者的酌情權，亦受到不同因素影響」（a bilaterial discussion … to discess specific fair trial concerns would rely on the discretion of both States. This discretion may potentially be influenced by a wide range of factors）（註三），故保障並不足夠。換言之，中方不做亦無可奈何，亦是澳洲迄今仍未落實中澳引渡協議的原因。

可見在外國眼中，若然無法確保犯人有足夠人權保障，Day One 就不應建立引渡關係，絕非特區政府一句「相信」，便將香港人送往沒有人權保障的國度。

註一：American Chamber of Commerce in Hong Kong. Press release: Proposed Fugitive Offenders Ordinance. https://www.amcham.org.hk/…/press-release-proposed-fugitive…
註二：Foreign & Commonwealth Office. UK and Canada joint statement on Hong Kong. https://www.gov.uk/…/uk-and-canada-joint-statement-on-hong-…
註三：The Law Council of Australia. Supplementary Submission – Australia – China Extradition Treaty. https://www.lawcouncil.asn.au/…/3151_-_S_-_Supplementary_Su…

參考檔案：

1992 FCO 40/3773 Hong Kong Extradition Agreement with France
1991 FCO 40/3399 Hong Kong Extradition Agreement with the Netherlands
1991 FCO 40/3400 Extradition Agreement with Third Countries General
1991 FCO 40/3402 Extradition agreement between Hong Kong and the USA
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◤唔駛等到 2049 系列 • 一◢
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◤反送中系列◢
七）一句「相信」就可令大陸保障人權？
http://bit.ly/2XjNEp5
六）與世界脫軌
http://bit.ly/2VS716Q
五）No agreement is better than a bad agreement
http://bit.ly/2YhLmGS
四）沒有中港區隔下的美港關係
http://bit.ly/2LBdHGP
三）讓惡法多睡一會
http://bit.ly/2Jf8Lpc
二）《逃犯條例》修訂「殺到埋身」
http://bit.ly/2H9WYGi
一）立會反擊戰：林鄭的謊言
http://bit.ly/2Jb6sDq
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「香港前途研究計劃」由香港眾志 Demosistō、本土研究社 Liber Research Community及一眾年青學人發起。透過重點檔案的分析研究，重新認識香港史，以及為當下香港各種問題論述提供扎實的基礎。
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