Xi puts the blame on others for HK By Hoonting 雲程＠Taipei Times Sun, Sep 08, 2019 - Page 6

【Comment】

林鄭月娥的〈緊急情況規例條例〉

英文翻譯與中文的分段不太一樣，英文的版本比較好閱讀。

Xi puts the blame on others for HK    By Hoonting 雲程＠Taipei Times Sun, Sep 08, 2019 - Page 6

The constitution, basic law or other laws of any country or self-governing territory give its administrative head, be it a president, prime minister or chief executive, emergency powers for dealing with emergency situations such as natural disasters, social disorder or invasions.  A state of emergency might be called martial law, military law or various other terms, but there is not much difference when it comes to the dictatorial nature of such powers.

為處理包括天災、動盪、入侵等緊急狀態，任何國家或自治領土的最高行政首長（無論稱為總統、總理、總督或行政長官）都會被該地之憲法、基本法或法律賦予緊急權力。無論以戒嚴、動員戡亂或軍事統治等名義為之，其獨裁的性質毫無軒至。

The crisis in Hong Kong shows no sign of abating.  Rumor has it that after the Chinese Communist Party (CCP) leaders’ annual Beidaihe meeting ended on Aug. 16, CCP General Secretary Xi Jinping (習近平) remarked, with regard to Hong Kong: “Whoever caused the trouble will have to fix it.”

香港的情勢，並無收束跡象。傳言在北戴河會議後，習近平丟下一句「誰惹的麻煩自己解決」，

Evidently, he does not want to take the blame for the unrest or anything that goes wrong when trying to quell it.  No matter who should take responsibility, the person under the highest pressure is certainly Hong Kong Chief Executive Carrie Lam (林鄭月娥).

亦即他不想背負這罪名。但不管誰該負責，壓力最後都會落到林鄭月娥頭上。

Commentators originally expected that the Beijing government would dispatch the People’s Liberation Army or the People’s Armed Police to resolve the Hong Kong problem based on the relevant articles of Chinese laws governing the Hong Kong Special Administrative Region, namely articles 6, 14 and 29 of the Garrison Law and Article 18 of the Basic Law.

論者原先預期北京會根據〈駐軍法〉第6、14、29條，或〈基本法〉第18條出動解放軍/武警解決香港問題，

This threat was brought to the fore in 2017, when then-Chinese Ministry of Foreign Affairs spokesperson Lu Kang (陸慷) stated that the 1984 Sino-British Joint Declaration on Hong Kong was just a historical document.  These conditions would make it relatively easy for China to renege on the promise that it made in the declaration to maintain “one country, two systems” in Hong Kong.

尤其是北京威脅〈中英聯合聲明〉只是歷史文件，兩者相加正好讓北京順勢顛覆「一國兩制」的承諾。

Many members of the international community have expressed their concern about the situation in Hong Kong, and on Aug. 26, G7 leaders issued an end-of-summit statement in which they reaffirmed the “existence and importance” of the Sino-British Joint Declaration.

對此，國際紛紛表達關切。近日G7更透過會後聲明，重申了〈中英聯合聲明〉有效存在。

Also during the past few days, an old law dating from the days of British colonial rule over Hong Kong has come to the fore, namely the Emergency Regulations Ordinance, which allows Hong Kong’s “chief executive in council” — originally meaning the British governor — to exercise dictatorial powers.

此時輿論忽然出現一部港英時代的法律〈緊急情況規例條例〉。它讓香港總督（行政長官）得會同行政會議(the Chief Executive in Council)行使獨裁權力。

This ordinance was enacted in 1922, at a time of destitution and social unrest after the end of World War I, when Hong Kong was hit by a seamen’s strike that had the support of then-president of the Republic of China Sun Yat-sen (孫逸仙) and his military government in Guangzhou.

該法是一次大戰結束後的民生凋弊與社會不安之際立法。當時發生孫中山與廣州軍政府在背後支持的「海員大罷工」。

The strike paralyzed Hong Kong’s sea transport, and after the British governor imposed martial law, it grew into a general strike by 100,000 workers, three of whom were shot dead in the Sha Tin massacre.  The strike eventually ended after the British consul-general in Guangzhou stepped in to negotiate.

罷工癱瘓海運，在香港總督實施戒嚴後，更引起十多萬人總罷工與沙田慘案。最後，由英國駐廣州總領事出面協調而落幕。

The 1922 seamen’s strike was followed by the Canton-Hong Kong Strike of 1925–1926 and a wave of other strikes in various parts of China.  To be sure, Beijing does not want a similar chain reaction to happen again.

「海員大罷工」後，隨之香港與廣州發生連動的「省港大罷工」，中國各地也接連罷工。歷史殷鑑不遠，北京不敢掉以輕心。

The 1922 Emergency Regulations Ordinance gave tremendous powers to the chief executive, who was then the governor.  These include the power to amend or suspend existing laws, take control of people, things and land, appropriate property and search premises, and even to unilaterally impose any penalty or sanction short of the death penalty.

這部1922年的條例，賦予總督（行政長官）巨大權力，包括修訂與暫停法律、對人事物地進行管制、沒收、搜索（第2.1條）；

Section 2, Subsection 3 of the ordinance further states: “Any regulations made under the provisions of this section shall continue in force until repealed by order of the Chief Executive in Council.”

甚至可單方面處以死刑外的任何刑罰及制裁（第3.1條）；權力及於水域（第2.2c條）；其處分之效果，在被廢除之前皆持續有效（第2.3條）。

This ordinance was enacted a long time ago, and has since been amended nine times, reflecting the major changes that have taken place in Hong Kong over the years.

這部古早法律經九度修訂，標示著香港的重大變化；

Notably, it has been amended since the UK handed Hong Kong back to China in 1997, showing that both the UK and China have continued to recognize the validity of the ordinance.

特別是九七後仍有修訂，意味著中英兩國都承認〈緊急情況規例條例〉之效力。

If Lam assumes dictatorial powers based on the Emergency Regulations Ordinance, rather than the Basic Law or the Garrison Law, the UK, as the originator of the ordinance, might find itself in an embarrassing position.

若林鄭月娥依此〈條例〉而非〈基本法〉或〈駐軍法〉行使獨裁權力，英國（原管理當局）的立場可能很尷尬；

It would also be awkward for Beijing, because it would mean that China recognizes the legitimacy of the legal system of British-ruled Hong Kong, which is part and parcel of the “two systems” aspect of the “one country, two systems” formula.

但北京一樣很窘，等於也承認港英政府法制（即「兩制」）的正當性與必要性。

Any political solution for Hong Kong’s current predicament must involve concessions by Beijing, but Xi seems to be shrugging off the problem. That is how it looks, but could his attitude really mean that a “hardline solution” is in the offing?

香港情況至此只能以北京退讓的方式政治解決，但習近平表面的兩手一攤，是否意味著「硬處理」不遠了？

HoonTing is a political commentator.

Translated by Julian Clegg

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