毋忘五大訴求 公民抗命有理
—10‧20九龍遊行陳情書
(案件編號:DCCC 535/2020)
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「毋忘初衷,活在愛和真實之中」
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胡法官雅文閣下:
2012年,我第一次站在法庭上承認違反「公安惡法」,述說對普選的盼望,批評公安惡法不義,並因公民抗命的緣故,甘心樂意接受刑罰。當年我說,如果小圈子選舉沒有被廢除,惡法沒有消失,我依然會一如故我,公民抗命,並且我相信將會有更多學生和市民加入這個行列。想不到時至今日,普選仍然遙遙無期,我亦再次被帶到法庭接受審判,但只是短短7年,已經有數十萬計的群眾公民抗命,反對暴政。今日,我承認違反「未經批准的政府」所訂立「未經批准的惡法」之下的「未經批准集結」罪,我不打算尋求法庭的憐憫,但請容許我佔用法庭些微時間陳情,讓法庭在判刑前有全面考慮。
暴力之濫觴
在整個反修例運動如火如荼之際,我正承擔另一宗公民抗命案件的刑責。雖然身在獄中,但仍然心繫手足。我在獄中電視機前見證6月9日、6月16日及8月18日三次百萬港人大遊行,幾多熱愛和平的港人冒天雨冒彈雨走上街頭,抗議不義惡法,今日關於10月20日的案件,亦是如此。可能有人會問,政府已在6月暫緩修例,更在9月正式撤回修例,我等仍然繼續示威,豈非無理取鬧?我相信法官閣下肯定聽過「遲來的正義並非正義」(Justice delayed is justice denied)這句格言。當過百萬群眾走上街頭,和平表達不滿的時候,林鄭政府沒有理睬,反而獨行獨斷,粗暴踐踏港人的意願,結果製造出後來連綿不絕的爭拗,甚至你死我活的對抗。經歷眾多衝突痛苦之後,所謂暫緩撤回,已經微不足道,我們只是更加清楚:沒有民主,就連基本人權都不會擁有!
在本案之中,雖然我們都沒有鼓動或作出暴力行為,但根據早前8‧18及10‧1兩宗案件,相信在控方及法庭眼中,案發當日的暴力事件仍然可以算在我們頭上,如此,我有必要問:如果香港有一個公平正義的普及選舉,人民可以在立法會直接否決他們不認可的法律,試問2019年的暴力衝突可以從何而來呢?如果我們眼見的暴力是如此十惡不赦,那麼我們又如何看待百萬人遊行後仍然堅持推行惡法的制度暴力呢?如果我們不能接受人民暴力反抗,那麼我們是否更加不能對更巨大更壓逼的制度暴力沈默不言?真正且經常發生的暴力,是漠視人民訴求的暴力,是踐踏人民意見的暴力,是剝奪人民表達權利的暴力。真正憎恨暴力,痛恨暴力的人,不可能一方面指摘暴力反抗,又容忍制度暴力。如果我需要承擔和平遊行引發出來的暴力事件的刑責,那麼誰應該承擔施政失敗所引發出來的社會騷亂的罪責呢?
社會之病根
對於法庭而言,可能2019年所發生的事情只是一場社會騷亂,務必追究違法者個人責任。然而,治亂治其本源,醫病醫其病根,我雖然公民抗命,刻意違法,控方把我帶上法庭,但我卻不應被理解為一個「犯罪個體」。2019年所發生的事情,並不是我一個人或我們這幾位被告可以促成,社會問題的癥結不是「犯罪份子」本身,而是「犯罪原因」。我明白「治亂世用重典」的道理,但如果「殺雞儆猴」是解決方法,就不會在2016年發生旺角騷亂及2017年上訴庭對示威者施以重刑後,2019年仍然會爆發出更大規模的暴力反抗。
如果不希望社會動亂,就必須正本清源,逐步落實「五大訴求」,從根本上改革,挽回民心。2019年反修例運動,其實只是2014年雨傘運動的延續而已,縱使法庭可能認為兩個運動皆是「一股歪風」所引起,但我必須澄清,兩個運動的核心就是追求民主普選,人民當家作主。在2019年11月24日區議會選舉這個最類近全民普選的選舉中,接近300萬人投票,民主派大勝,奪得17個區議會主導權,這就是整個反修例運動的民意,民意就是反對政府決策,反對制度暴力,反對推行惡法,不容爭辯,不辯自明。我們作為礦場裡的金絲雀,多次提醒政府撤回修法,並從根本上改革制度,而在10月20日的九龍遊行當然是反映民意的平台契機。如今,法庭對我們施加重刑,其實只不過是懲罰民意,將金絲雀困在鳥籠之內,甚至扼殺於鼓掌之中,窒礙表達自由。
堅持之重要
大運動過後的大鎮壓,使我們失去《蘋果日報》,失去教協,失去民陣,不少民主派領袖以及曾為運動付出的手足戰友都囚於獄中,不少曾經熱情投入運動的朋友亦因《國安法》的威脅轉為低調,新聞自由示威自由日漸萎縮,公民社會受到沈重打擊,我亦失去不少摯友,有感傷孤獨的時候,但我仍然相信,2019年香港人的信念,以及所展現人類的光輝持久未變。我不會忘記百萬人民冒雨捱熱抗拒暴政,抵制惡法,展現我們眾志成城;我不會忘記人潮紅海,讓道救護車,展現我們文明精神;我不會忘記年青志士直接行動反對苛政,捨身成仁,展現我們膽色勇氣;我不會忘記銀髮一族走上街頭保護年青人,展現我們彼此關懷;我不會忘記「五大訴求」,不會忘記2019年區議會選舉,展現我們有理有節。
法官閣下,我對於當日的所作所為,不感羞恥,毫無悔意。我能夠在出獄後與群眾同行一路,與戰友同繫一獄,實是莫大榮幸。若法治失去民主基石,將使法庭無奈地接受專制政權所訂立解釋的法律限制,隨時變成政治工具掃除異見,因此爭取民主普選,建設真正法治,追求公平正義,仍然是我的理想。在這條路上,如有必要,我仍然會公民抗命,正如終審法院海外非常任法官賀輔明(Lord Hoffmann)所言,發自良知的公民抗命有悠久及光榮的傳統,歷史將證明我們是正確的。我期望,曾與我一起遊行抗命的手足戰友要堅持信念,在艱難歲月裡毋忘初衷,活在愛和真實之中。
最後,如9年前一樣,我想借用美國民權領袖馬丁路德金牧師的一番話對我們的反對者說:「我們將以自己忍受苦難的能力,來較量你們製造苦難的能力。我們將用我們靈魂的力量,來抵禦你們物質的暴力。對我們做你們想做的事吧,我們仍然愛你們。我們不能憑良心服從你們不公正的法律,因為拒惡與為善一樣是道德責任。將我們送入監獄吧,我們仍然愛你們。」(We shall match your capacity to inflict suffering by our capacity to endure suffering. We shall meet your physical force with soul force. Do to us what you will, and we shall continue to love you. We cannot in all good conscience obey your unjust laws because noncooperation with evil is as much a moral obligation as is cooperation with good. Throw us in jail and we shall still love you.)
願慈愛的主耶穌賜我們平安,與我和我一家同在,與法官閣下同在,與香港人同在。沒有暴徒,只有暴政;五大訴求,缺一不可!願榮耀歸上帝,榮光歸人民!
第五被告
黃浩銘
二零二一年八月十九日
Lest we forget the five demands: civil disobedience is morally justified
- Statement on 10‧20 Kowloon Rally
(Case No.: DCCC 535/2020)
Your Honour Judge Woodcock
In 2012, I stood before the court and admitted to violating the "Public Security Evil Law". I expressed my hope for universal suffrage, criticized the evil law as unjust, and willingly accepted the penalty for civil disobedience. Back then, I said that if the small-circle election had not been abolished and the draconian law had not disappeared, I would still be as determined as I was, and I believe that more students and citizens would join this movement. Today, universal suffrage is still a long way off, and I have been brought before the court again for trial. But in just seven years, hundreds of thousands of people have already risen up in civil disobedience against tyranny. Today, I plead guilty to "unauthorised assembly" under an unapproved evil law enacted by an unauthorised government. I do not intend to seek the court's mercy, but please allow me to take up a little time in court to present my case so that the court can consider all aspects before sentencing me.
The roots of violence
At the time when the whole anti-extradition law movement was in full-swing, I was taking responsibility for another civil disobedience case. Although I was in prison, my heart was still with the people. I witnessed the three million-person rallies on 9 June, 16 June and 18 August on television in prison, when many peace-loving people took to the streets despite the rain and bullets, to protest against unjust laws. Some people may ask, "The Government has already suspended the legislative amendments in June and formally withdrew the bill in September, but we are still demonstrating, are we not being unreasonable?" I am sure your Honour has heard of the adage "Justice delayed is justice denied". When more than a million people took to the streets to express their discontent peacefully, the Lam administration ignored them and instead acted arbitrarily, brutally trampling on the wishes of the people of Hong Kong, resulting in endless arguments and even confrontations. After so many conflicts and painful experiences, the so-called moratorium is no longer meaningful. We only know better: without democracy, we cannot even have basic human rights!
In this case, although we did not instigate or commit acts of violence, I believe that in the eyes of the prosecution and the court, the violence on the day of the incident can still be counted against us, based on the August 18 and October 1 case. And now I must ask - If Hong Kong had a fair and just universal election, and the public could directly veto laws they did not approve of at the Legislative Council, then how could the violent clashes of 2019 have come about? If the violence we see is so heinous, how do we feel about the institutional violence that insists on the imposition of draconian laws even after millions of people have taken to the streets? If we cannot accept violent rebellion, how can we remain silent in the face of even greater and more oppressive institutional violence? The true and frequent violence is the kind of violence that ignores people's demands, that tramples on their opinions, that deprives them of their right to express themselves. People who truly hate violence and abhor it cannot accuse violent resistance on the one hand and tolerate institutional violence on the other. If I have to bear the criminal responsibility for the violence caused by the peaceful demonstration, then who should bear the criminal responsibility for the social unrest caused by failed administration?
The roots of society's problems
From a court's point of view, it may be that what happened in 2019 was just a series of social unrest, and that those who broke the law must be held personally accountable. What happened in 2019 was not something that I alone or the defendants could have made possible, and the crux of the social problem was not the 'criminals' but the 'causes of crime'. I understand the concept of " applying severe punishment to a troubled world", but if "decimation" was really the solution, there would not have been more violent rebellions in 2019 after the Mongkok "riot" in 2016 and the heavy sentences handed down to protesters by the Court of Appeal in 2017.
If we do not want social unrest, we must get to the root of the problem and implement the "five demands" step by step, so as to achieve fundamental reforms and win back the hearts of the people. 2019's anti-revision movement is indeed a continuation of 2014's Umbrella Movement, and even though the court may think that both movements are caused by a "perverse wind", I must clarify that the core of both movements is the pursuit of democracy and universal suffrage, and the people being the masters of their own house. In the District Council election on 24 November 2019, which is the closest thing to universal suffrage, nearly 3 million people voted, and the democratic camp won a huge victory, winning majority in 17 District Councils. As canaries in the monetary coal mine, we have repeatedly reminded the government to withdraw the extradition bill and fundamentally reform the system, and the march in Kowloon on 20 October was certainly an opportunity to reflect public opinion. Now, by imposing heavy penalties on us, the court is only punishing public opinion, trapping the canaries in a birdcage, or even stifling them in the palm of their hands, suffocating the freedom of expression.
The importance of persistence
As a result of the crackdown after the mass movement, we lost Apple Daily, the Hong Kong Professional Teachers' Union, and the Civil Human Rights Front. Many of our democratic leaders and comrades who had contributed to the movement were imprisoned, and many of our friends who had been passionately involved in the movement had been forced to lay low under the threat of the National Security Law. I still believe that the faith of Hong Kong people and the glory of humanity seen in 2019 will remain unchanged. I will never forget the millions of people who braved the rain and the heat to resist tyranny and evil laws, demonstrating our unity of purpose; I will never forget the crowds of people who gave way to ambulances, demonstrating our civility; I will never forget the young people who sacrificed their lives, demonstrating our courage and bravery; I will never forget the silver-haired who took to the streets to protect the youth, demonstrating our care for each other; I will never forget the "five demands" and the 2019 District Council election, demonstrating our rationality and decency.
Your Honour, I have nothing to be ashamed of and no remorse for what I did on that day. It is my great honour to be in prison with my comrades and to be able to walk with the public after my release. If the rule of law were to lose its democratic foundation, the courts would have no choice but to accept the legal restrictions set by the autocratic regime and become a political tool to eliminate dissent at any time. As Lord Hoffmann, a non-permanent overseas judge of the Court of Final Appeal, said, civil disobedience from the conscience has a long and honourable tradition, and history will prove us right. I hope that my comrades in arms who walked with me in protests will keep their faith and live in love and truth in the midst of this difficult time.
Finally, as I did nine years ago, I would like to say something to those who oppose us, borrowing the words of American civil rights leader Reverend Martin Luther King: "We shall match your capacity to inflict suffering by our capacity to endure suffering. We shall meet your physical force with soul force. Do to us what you will, and we shall continue to love you. We cannot in all good conscience obey your unjust laws because noncooperation with evil is as much a moral obligation as is cooperation with good. Throw us in jail and we shall still love you."
Peace be with me and my family, with Your Honour, and with the people of Hong Kong. There are no thugs, only tyranny; five demands, not one less! To god be the glory and to people be the glory!
The Fifth Defendant
Wong Ho Ming
19 August 2021
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【排毒就是好】根據症狀治療更重要
#排清毒素身體好
#對症下藥才是排毒之道
#星期一踢走BlueMonday
中醫治療有八法
很多人看到「排毒」的字眼就立即感覺人人適合,其實還是要配合體質。身體症狀有分虛與實。虛則要補,實則要瀉。中醫有「治病八法」,分別是汗、吐、下、和、溫、清、消、補,以緩解不同的症狀和調整身體狀態,因此要排毒袪病,並非單純地一味排便就可以,更應該諮詢註冊中醫師,辨證論治,對症下藥。
汗 – 以出汗將病邪由體內帶出體外,多用於感冒或水腫症狀,菊花、芫茜、薄荷等皆是有發汗解表功效的食物。
吐 – 以催吐的方法,將病邪吐出,多為急救處理,因此在沒有醫師辨證下絕不要自己胡亂嘗試。較常見用於為進食過急,而令食物滯留胃中未能消化。
下 – 即為促瀉,也是很多人所理解的「排毒」方法,以苦寒又或是溫性藥療增加瀉下,此法峻猛,由於病人本身體質的強弱的不同,用法不當會對身體帶來傷害。身體虛弱、老人、孕婦、月經期間都切勿胡亂嘗試這種方式。
和 – 即為「調和」,主要是和解虛實、寒熱症狀,以達以身體狀態的協調。
溫 – 以溫性食療或中藥驅除體內的寒冷,即為大家常聽到的補益陽氣及溫中散寒,尤其適合虛寒體質人士,平日也可適量進食溫熱食材如肉桂、栗子、羊肉等以補陽氣,有虛火及偏熱體質人士不宜。
清 – 簡單來說即為清熱,選擇涼性食療及中藥以清除身體的偏熱症狀,如喉嚨痛、口瘡、心情煩躁等,也是大家一般覺得自己上火時喝涼茶下火的道理,正因要清熱,食療及中藥需為涼性,多進食則會傷陽氣,當偏熱症狀緩解後就不要再繼續服用了。
消 – 即為化瘀散結,主要針對氣滯、血瘀體質等因氣血不通而引致的症狀,如胃脹、腫傷等,消食化氣,在療程中多配以下法同用,還是諮詢中醫師更穩妥。
補 – 也是一般人認知的「進補」,補益陰陽氣血及身體虛損,主要針對體弱人士,分為補氣、血、陰及陽四大類。補氣針對氣虛人士,平日說話無力、多汗;補血針對血虛或貧血人士,此類人多有頭暈目眩,女性月經量少色淺;補陰亦即滋陰,為身體補充水分,乾燥天氣時也適合;而補陽適合畏冷體質及陽虛人士,易有腰痠、手腳冰冷及小便頻繁等症狀。
Eight treatment methodology within Chinese medicine
When people see the word "detoxification", they assume it is suitable for everyone. In fact, it should be done based on your body condition. Symptoms are divided into asthenic and excessive. Those with asthenic symptoms should nourish their body, and those with excessive symptoms should focus on clearing. Chinese medicine has "eight treatment methods", which is sweating, vomiting, purging, regulating, warming, clearing, eliminating and nourishing. In short, you should relieve different symptoms and adjust physical state based on your body condition. Therefore, to detoxify and dispel illness, it is not just a matter of defecation. You should consult a registered Chinese medicine practitioner to find out the correct treatment for your problem.
Sweating- To expel illness out of body by sweating. It is often used for cold/flu or edema. Chrysanthemum, cilantro and mint are foods that promote sweating.
Vomiting- To let illness out by inducing vomiting, it is a first-aid treatment. So do not try it yourself without consulting a professional. It is commonly used for eating too fast, and the food is retained in the stomach which cannot be digested.
Purging- It means to inducing diarrhea, a “detoxification” method that many people know. You can have bitter and cold or warm medicine treatment to increase diarrhea effect. This method is too strong. You should use this method according your strength of body condition or it can be harmful. Those with asthenic and weak body condition, elderly, pregnant women, and those menstruating should not try this.
Regulating- It is mainly to regulate the asthenic and excessive symptoms, cold and heat, in order to achieve a balanced physical state.
Warming- To dispel cold in the body by having warm nature diet or medicine. It is the method people talk about regarding nourishing yang and dispelling cold, especially suitable for those with asthenic and cold body condition. You can also appropriately consume warm and hot ingredients such as cinnamon, chestnuts, lamb to increase yang qi. It is not appropriate for those with asthenic fire and heat-related symptoms.
Clearing- It means clearing heat in a simple way. To choose cool diet and Chinese medicine to clear the heat-related symptoms, such as sore throat, canker sores, irritability, etc. It is also the reason that everyone drink the herbal tea to clear heat when they feel like there is fire in the body. To clear the heat, the diet and Chinese medicine are cool in nature. Eating too much will hurt the yang qi, and when the heat-related symptoms are relieved, do not continue to take it.
Eliminating- this is to eliminate stasis and usually focuses on qi stagnation and blood stasis related issues such as abdominal bloating and swelling pains. To aid digestion, treatments may involve purging so it is better to consult a Chinese medicine practitioner.
Nourishing- This means eating tonic food in common way. It can nourish yin, yang, qi, blood and body damage, mainly for those with weak body condition. It is divided into four categories: qi, blood, yin and yang. Nourishing qi is suitable for people with qi deficiency, weakness in voice and excessive sweating. Nourishing blood is for blood deficiency or anemia, people with this situation are often experience dizziness, and women may have less menstrual volume and light blood colour. Nourishing yin means replenishing water for the body, suitable for dry weather. Nourishing yang is suitable for those are aversion to cold and with yang deficiency, and have symptoms such as sore back, cold limbs and frequent urination.
#男 #女 #我煩燥 #我畏冷 #我枯燥 #我狀態OK #我有壓力 #我胖了 #我疲憊 #陽虛 #濕熱 #陰虛 #陽虛 #氣滯 #血瘀 #血虛
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《當心被鬼吃了》
Don't Get Eaten By The Ghosts!
(English version below)
時至今日,談鬼依然使人色變。多年前、吾收了一位對玄學及鬼神,又喜歡又害怕的美麗女子為徒。偶爾談起「無形」時,她會緊張地問吾,那裡有無「無形」?現在想起,是有點好笑。好笑於她那時的表情,與「無知」的迷糊。鬼神當然是「無形」的一類,若無結界,任何人的住宅,祂們都可以通行無阻。因此,妳你們的住處,肯定有鬼!
鬼神是佈滿十方法界的,鬼類和人類是沒有多大分別的。唯一的分別是,鬼類已脫離了肉身,而人類還未脫離肉身。鬼類屬低級靈,只要一個咒語、一個想念,就能攝招祂們來。就因如此,那些常圖非份的人,鋌而走險的請鬼、養鬼,好逸惡勞的想要不勞而獲。或許這些「歹徒」並不十分清楚,她他們所請所養的鬼,是和她他們一樣,貪念甚重的,且法力也會增長,會有不受約束的一天。若法力與符力不夠,她他們會被反噬。
過去吾是有幫人處理,被鬼類干擾之事。也曾有婦女欲請吾去其住宅捉鬼及收鬼。其實當時吾是有打算,去「會一會」她宅中的「小朋友」,可惜她接二連三的「做奸犯科」,更何況,她先生是請鬼的人,即不信也沒來請吾,此謂因緣不足也。夫婦倆的起心動念,倒是合了「鬼性」,是問吾如何捉得完,收得完。有可能她他們目前宅中的鬼,會幫她他阻止其他鬼進來也說不一定!哈 哈 哈!
鬼類與人類本來就有界限的。有如井水不犯河水。但因妳你用法術去攝招祂們來,從此祂們就一直跟著妳你。再加上妳你所差遣祂們去辦的事,皆屬惡行的話,妳你身上的鬼氣會越來越重,最終將輪迴的鬼處。拜師又叛師,起心動念皆不敬師、受人恩惠不圖報、貪得無厭、喜佔她他人便宜、辱罵佛菩薩神明,等等等,鬼就每天愛妳你多一些。日寫夜也寫,以文章的慧光照妳你們,希望妳你們正心正念,那就不用當心被鬼吃了。
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Even till this modern age, the reaction when the word ghost is being brought up remains that of an ashen look on the face. Many years ago, I took in a beautiful lady, as my disciple. She has a deep fascination (and fear) of all things Metaphysics and spiritual. Whenever we spoke about the spirits, she would nervously ask me if there was any around her. It always amuses me whenever I recall those conversations with her. It was amusing because of her facial expressions and the look of ignorance. Of course, spirits are without any physical forms, and it is free access for them if no demarcation is done at a house. Therefore I am sure there are spirits in your house!
Spirits are everywhere in the ten realms of existence, and there is not much difference between us humans and the spirits. The only difference lies in their lack of physical form. These ghosts belong to a lower realm, and can be easily summoned by a mantra or a thought.
There are people with wayward intentions, who take the huge risk to summon the spirits and make offering to them, so that the spirits will do their bidding. Maybe they have no idea that the spirits they summoned are like them, with insatiable greed, as that they grow in strength.
These spirits will break free one day, if the powers of the owner and his talismans are unable to contain them. When that happens, the people who summoned them will get devoured instead.
In the past, I had dealt with cases of spiritual disturbance. One female client invited me to visit her house for some ghost-busting. I did have the initial intention to meet the "little friend" in her home, but changed my mind after knowing her bad doings. Her husband was the one who "invited" the ghost for his own gains, and he did not believe in me to invite me personally. Therefore, the affinity is weak.
The thoughts and intentions of this couple matches that of a spirit, so how could I succeed in driving the ghost out? Who knows, this ghost might be able to prevent other spirits from intruding their house! Ha ha ha!
There is a boundary between humans and spirits, just like the water in the well does not cross the path of the water on the river. However, if you summon a spirit via spiritual invocation, it will stick with you forever. The ghostly energy in you will only perpetuate if you command the spirit to help you in wrongdoings.
In the end upon your death, you will be reincarnated in the realm of ghosts. Behavior like disrespect and betrayal of your master, being ungrateful to your benefactors, insatiable greed, taking advantage of others, cursing at the gods and Buddhas, etc, will only make the spirits "love" you more! I write relentlessly day and night, so that the Light of Wisdom will shine on you and inspire righteous and wholesome intentions. Then you would not need to worry being "eaten" alive by the spirits.
www.masterdaihu.com/dont-get-eaten-by-the-ghosts/
Photo credit: Casper Movie