歐洲議會：如果香港實施國安法，歐盟應狀告中國 VOA 20200620

【縛雞之見】

VOA報導：「如果新的安全法在香港實施，歐盟及其成員國應該向國際法庭提起訴訟。」

目前尚不清楚法律依據為何？

歐洲議會：如果香港實施國安法，歐盟應狀告中國    VOA 20200620

歐洲議會周五投票表決，如果北京對香港實施新的國安法，歐盟應將中國告到海牙國際法庭；歐洲議會也呼籲，利用經濟槓桿來制止中國。

 

歐盟各國政府已經對中國的香港安全法表示“嚴重關切”，民主活動家，外交官和一些企業表示，這將損害香港的半自治地位，也損害其作為全球金融中心的作用。

 

歐洲議會在一項決議中，以565票贊成，34票反對，62票棄權的投票結果，抗議歐美和澳大利亞所稱的、將破壞香港“一國兩制”原則的安全法。

 

該決議表示，歐洲議會呼籲，“如果新的安全法在香港實施，歐盟及其成員國應該向國際法庭提起訴訟。”

 

官方的新華社報導，中國全國人大外事委員會發言人尤文澤表示，堅決反對歐盟的決議。他說，歐盟的決議嚴重歪曲了事實，構成了對香港事務的公開干預。

 

自星期四以來，中國人大的最高決策機構常委會一直在審查香港的新國家安全立法草案。新華社對常委會的初步報導說，該會議於星期六上午結束，但沒有提及香港。

 

歐洲議會的決議沒有約束力，但是它們提供的政治信號可以指導政策。該決議還呼籲歐盟考慮對中國實施經濟制裁。

 

該決議說，歐洲議會認為，“歐盟應該利用其經濟槓桿為手段，來挑戰中國對人權的鎮壓”。

 

歐盟領導人和中國國務院總理李克強將於星期一通過視頻舉行峰會。

 

Hong Kong: MEPs to comment on new controversial Chinese national security law    European Parliament 20200617-19

MEPs will vote on an assessment of the situation in Hong Kong, where Chinese political interference has once again resulted in demonstrations, despite the pandemic.

 

Residents of Hong Kong have recently taken to the streets to protest against a new controversial national security law for the city, which was approved by mainland China’s legislature in May.  Many observers fear the new measures by the Chinese Communist Party will effectively suffocate all the remaining freedoms and autonomy enjoyed by the special administrative region under the so-called “one country, two systems principle”.

 

The former British colony has been rocked by demonstrations, followed by a massive wave of street protests and violent clashes since last year, ever since the Hong Kong Executive put forward a new law in the spring of 2019 that would have allowed criminal suspects to be extradited to mainland China, plunging the city into its worst political crisis in modern history.

 

Statement by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy followed by a resolution

Debate: Thursday, 18 June

Vote: Friday, 19 June

 

 

 

 

European Parliament

2019-2024

TEXTS ADOPTED

P9_TA(2019)0004

 

Situation in Hong Kong European Parliament resolution of 18 July 2019 on the situation in Hong Kong (2019/2732(RSP))

 

The European Parliament,

– having regard to its previous resolutions on Hong Kong,

– having regard to the statement by the Spokesperson of the European External Action Service (EEAS) of 12 June 2019 on the ongoing protests against the proposed extradition reforms in Hong Kong,

– having regard to the statement by the Spokesperson of the EEAS of 1 July 2019 on the latest developments in Hong Kong,

– having regard to the Basic Law of the Special Administrative Region (SAR) of Hong Kong adopted on 4 April 1990, which entered into force on 1 July 1997,

– having regard to the Joint Declaration of the Government of the United Kingdom and the Government of the People’s Republic of China on the Question of Hong Kong of 19 December 1984, also known as the Sino-British Joint Declaration,

– having regard to the joint report of the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) to the European Parliament and the Council of 8 May 2019, entitled ‘Hong Kong Special Administrative Region: Annual Report 2018’,

– having regard to the joint statement of the 21st EU-China summit of 9 April 2019,

– having regard to the EU-China dialogue on human rights, launched in 1995, and to the 37th round of this dialogue, of 1-2 April 2019,

– having regard to the joint communication from the Commission and the VP/HR to the European Parliament and the Council of 12 March 2019 entitled ‘EU-China – A strategic outlook’,

– having regard to the International Covenant on Civil and Political Rights of 16 December 1966,

– having regard to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,

– having regard to the Universal Declaration of Human Rights of 1948,

– having regard to the United Nations’ universal periodic review (UPR) of China carried out in November 2018,

– having regard to Rules 144(5) and 132(4) of its Rules of Procedure,

 

A. whereas the promotion of and respect for human rights, democracy and the rule of law should remain at the centre of the long-standing relationship between the EU and China, in line with the EU’s commitment to uphold these values in its external action and China’s expressed interest in adhering to these very values in its own development and international cooperation;

 

B. whereas the Government of the Hong Kong Special Administrative Region (HKSAR) has proposed the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019 to amend the Fugitive Offenders Ordinance (FOO) and the Mutual Legal Assistance in Criminal Matters Ordinance (MLAO);

 

C. whereas Hong Kong’s leader Carrie Lam announced on 9 July 2019 that the widely loathed legislation was ‘dead’; whereas she stopped short of announcing that the bill would be withdrawn;

 

D. whereas the proposed bill could facilitate the rendition to China of people for political reasons and their exposure to a judicial system with serious human rights failings; whereas under the proposed amendments, the Hong Kong court would not have the clear, explicit jurisdiction and legal obligation to examine the various human rights involved in cases being handled by the courts in mainland China or in other countries;

 

E. whereas mainland China’s judiciary lacks independence from the government and the Chinese Communist Party and is characterised by arbitrary detention, torture and other illtreatment, serious violations of the right to a fair trial, enforced disappearances and various systems of incommunicado detention without trial;

 

F. whereas many citizens of Hong Kong, from pro-democracy activists to business people, fear being extradited to mainland China;

 

G. whereas the people of Hong Kong have taken to the streets in unprecedented numbers, peacefully exercising their fundamental right to assemble and to protest; whereas on 12 June 2019, tens of thousands of protesters assembled around the Legislative Council building and its nearby roads, calling on the government to drop its proposed amendments to Hong Kong’s extradition law;

 

H. whereas , including, Amnesty International, Human Rights Watch, Human Rights Monitor, the Hong Kong Bar Association and the Law Society of Hong Kong, had addressed a collective letter to Chief Executive Lam, requesting that her government drop the extradition bill as it posed a threat to respect for human rights;

 

I. whereas the Hong Kong police used the violent acts of a small number of protesters as a pretext to use unnecessary and excessive force against the peaceful vast majority, including tear gas, rubber bullets, beanbags and pepper spray, labelled the incident a riot and hence proceeded to make several dozen arrests; whereas several people were charged with rioting, which carries a 10-year prison sentence;

 

J. whereas, over the years, the people of Hong Kong have witnessed mass demonstrations in favour of democracy and the full implementation of the Basic Law, such as the 2014 protests by the so-called Umbrella Movement, as well as demonstrations in favour of media freedoms and, among other things, against the disappearance of the Hong Kong booksellers;

 

K. whereas at the end of 2015, four Hong Kong residents, among them Gui Minhai, and one non-resident associated with the publishing house Mighty Current and its bookshop, disappeared; whereas months later, information emerged that they were being detained in mainland China in undisclosed locations; whereas one of the booksellers who returned to Hong Kong has since moved to Taiwan out of fear of being extradited;

 

L. whereas the Basic Law lays down provisions guaranteeing protection for human rights and individual freedoms; whereas Article 27 of the Basic Law guarantees freedom of speech, of the press and publication, and of association, assembly, procession and demonstration; whereas Articles 45 and 68 of the Basic Law stipulate that the Chief Executive and all members of the Legislative Council should ultimately be elected by universal suffrage;

 

M. whereas the EU supports the ‘one country, two systems’ principle and Hong Kong’s high degree of autonomy;

1. Calls on the HKSAR Government to withdraw the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019;

 

2. Calls on the HKSAR Government to immediately release and drop all charges against peaceful protesters and all those detained for the peaceful exercise of their freedom of expression during or in the lead-up to protests;

 

3. Calls for an independent, impartial, effective and prompt investigation into the use of force by Hong Kong police against protesters;

 

4. Stresses that the EU shares many of the concerns raised by citizens of Hong Kong regarding the proposed extradition reforms and has conveyed them to the HKSAR Government; underlines that the bill has far-reaching consequences for Hong Kong and its people, for the EU and for foreign citizens, as well as for business confidence in Hong Kong;

 

5. Urges Hong Kong to ensure that its legislation remains fully in line with its international human rights obligations, including provisions of the International Covenant on Civil and Political Rights (ICCPR) and of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

 

6. Recognises that the people of Hong Kong have taken to the streets in extraordinary numbers in recent weeks, with estimates of more than a million people on 9 June 2019 and up to two million the following week, in mainly peaceful mass demonstrations triggered by high levels of concern regarding the proposed laws on extradition;

 

7. Underlines that the rights of Hong Kong citizens have generally been upheld in Hong Kong, but expresses great concern at the steady deterioration of civil rights, political rights and press freedom; is deeply concerned by the unprecedented pressure on journalists and their increasing self-censorship with regard, in particular, to coverage of sensitive issues on mainland China or those concerning the HKSAR Government;

 

8. Stresses that the Basic Law guarantees freedom of speech, of the press and publication, and of association, assembly, procession and demonstration; calls on the authorities in Hong Kong and China to ensure the protection of human rights and the freedoms enshrined in the Basic Law for all citizens;

 

9. Strongly condemns the constant and increasing interference by China in Hong Kong’s internal affairs, as well the recent assertion by China that the Sino-British Joint Declaration of 1984 is a historic document, and hence is no longer valid; stresses that the Chinese Government is bound by the Joint Declaration to uphold Hong Kong’s high degree of autonomy and its rights and freedoms;

 

10. Notes with deep concern in this context that opposition candidates, including Anges Chow and former lawmaker Lau Siu-Lai, were not allowed to run in the Legislative Council byelection owing to their political affiliation or views;

 

11. Calls for the EU, its Member States and the international community to work towards the imposition of appropriate export control mechanisms to deny China, and in particular Hong Kong, access to technologies used to violate basic rights;

 

12. Urges systematic reform to implement direct elections for the position of Chief Executive and to the Legislative Council, as enshrined in the Basic Law, and calls for agreement on an electoral system that is overall democratic, fair, open and transparent and that it grants the people of the HKSAR the right to elect candidates and to stand for election in the selection process for all leadership positions;

 

13. Repeats its call for the immediate release of book publisher Gui Minhai, a Swedish national;

 

14. Underlines the EU’s commitment to strengthening democracy, including the rule of law, the independence of the judiciary, fundamental freedoms and rights, transparency, and freedom of information and expression in Hong Kong;

 

15. Recalls the importance of the EU continuing to raise the issue of human rights violations in China at every political and human rights dialogue with the Chinese authorities, in line with the EU’s commitment to project a strong, clear and unified voice in its approach to the country; further recalls that in its ongoing reform process and increasing global engagement, China has opted into the international human rights framework by signing up to a wide range of international human rights treaties; calls for the EU, therefore, to pursue dialogue with China in order to ensure that it lives up to these commitments;

 

16. Calls on the VP/HR, the EEAS and the Member States to raise all these concerns and to ensure a dialogue with the governments of the HKSAR and of China;

 

17. Instructs its President to forward this resolution to the Council, the Commission, the Vice President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Government and Parliament of the People’s Republic of China, and the Chief Executive and the Assembly of the Hong Kong Special Administrative Region.

https://www.europarl.europa.eu/doceo/document/TA-9-2019-0004_EN.pdf