民建聯致函美國國會全體議員 反映香港就《基本法》廿三條立法的不同聲音

2003.06.25


民建聯去信美國國會全體議員,要求國會在討論香港就《基本法》廿三條立法時,聽取香港人的不同聲音。信函於昨日寄出,原文見附,內容大意如下:

民建聯主席曾鈺成在信中指出,民建聯在立法會擁有10個議席,在各個地方選區均有直選議員,有責任將香港社會對廿三條立法爭論的全部情況,作真確的反映。


信函提出了兩個與李柱銘較早前向中美經濟及安全檢討委員會(下稱「委員會」)提出的不同觀點。首先,民建聯確信大多數香港市民認同立法保障國家安全的責任,這是我們從多次公眾諮詢中,聽到的強烈聲音。事實上,就國家安全立法,並無影響香港市民據《基本法》享有的人權自由;加上本港擁有獨立司法系統,可有效確保行政機構不能濫用有關法例。其次,信函又反駁有人指政府擬利用立法程序匆匆通過議案。民建聯認為這是錯誤的指責,因為港府確實已給予充裕時間進行廣泛諮詢,收集公眾對立法條文的修改意見。信函指出美國國會議員倘閱讀一下廿三條法案內容,便將發覺比美國的國家安全法寬鬆得多。


香港的立法機關依據《基本法》產生,所有立法會議員由選舉產生,有責任維護《基本法》,包括保障公民自由,亦包括保障國家安全。無疑,香港市民十分關注廿三條立法;但必須指出的是,儘管很多人對立法細節提出很多意見,他們仍是支持立法以保障自己家園的安全。如果忽視了這些支持立法的聲音,實在絕不公允。


民建聯要求美國政府尊重港人履行中國公民的責任,落實《基本法》賦予我們的憲制責任,為保障國家安全立法;同時,應尊重港人自決的權利,讓我們以自己的方式保護自己國家,不受外來因素干預。



附件:民建聯致美國國會議員信函原文


20 June 2003


(To:Members of the US Congress)


On behalf of the Democratic Alliance for Betterment of Hong Kong (DAB), I am writing to urge the United States Congress to take into consideration Hong Kong people's diverse views and opinions with regards to legislation to protect national security.


Like Mr. Martin Lee, I am a directly elected member of the Hong Kong Legislative Council. The DAB holds 10 election seats in the Legislative Council, with directly elected representatives from every geographic constituency. As responsible citizens of a cosmopolitan city, we believe that it is our duty to ensure all voices are heard, even when they are unpopular or inconvenient to any given political agenda and/or bias.


On July 9, the Hong Kong Legislative Council is scheduled to consider legislation that will criminalize activities that undermine national security and protect the Hong Kong Special Administrative Region and our country from acts of foreign aggression, treason, secession, sedition and theft of state secrets.


Contrary to the views presented by the very eloquent Mr. Lee and his delegation to the U.S.-China Economic and Security Commission ("the Commission") on June 5, 2003, the majority of Hong Kong people see implementing the national security law as protecting the very pillar of our civil liberties and feel that it is our duty to protect our country.


We are confident of this because the DAB has conducted numerous consultative sessions with the public in the different constituencies. Through these useful and constructive exercises, we were assured that a great number of Hong Kong people want to fulfill their obligation to protect their home and their country.


It is also wrong to accuse the government of rushing the Bill through the legislative process. The government has provided sufficient time for public consultation, debate and amendment proposals drawn from a wide variety of groups from all walks of life.


The implementation of the national security law will not affect the rights of Hong Kong people entrenched in Articles 24-41 of the Basic Law, Hong Kong's constitution. We have an independent judiciary which robustly upholds the rule of law. Under Article 35, Hong Kong residents shall have access to the courts to challenge any administrative decision if any statutory power is exercised unreasonably, irrationally, arbitrarily or out of proportion for the purpose of protecting national security.


Should the Commission and members of Congress have the time to study our Basic Law and the proposed legislation to be enacted, we are certain that they will see that the proposed law is much less restrictive than US National Security laws are on civil liberties.


Hong Kong's legislature is constituted according to our Basic Law. All members of the Legislative Council are elected by the people of Hong Kong, and each member, on assuming office, vowed to uphold the Basic Law, which includes provisions for protecting our civil liberties and safeguarding national security. And we are doing both in accordance with the principles and concepts of Common Law Jurisprudence.


Hong Kong people have the right to accept their duties and responsibilities of being Chinese citizens. We do not believe it to be US foreign policy to undermine or interfere with that right of the people of Hong Kong.


We believe that the Commission has been misled by politicians who are ready to compromise integrity for political gains. It is true that there are voices, some of which are strong, of concern in the community over the implementation of the legislation. There are many who are concerned with the details of the legislation but are in support of the spirit of enacting laws that would protect our national interests, especially the safety of our families and fellow countrymen. It is, however, an injustice to ignore the voices of support for legislation.


As a responsible political party in Hong Kong, we feel it morally right to provide you with a more accurate and balanced account of the discussions of a controversial and greatly politicized issue in Hong Kong.


We hope that the US government will respect Hong Kong people's choice to fulfill responsibilities as Chinese citizens. We hope that the US government will respect our constitutional obligations to enact laws in accordance to the Basic Law. We hope that the US government will respect the right of Hong Kong people to make decisions for themselves especially when these are the very values of which your country has been built upon. In fact, we insist that our right to protect our country in our own terms not be subjected to external interference, however well intended.


Thank you for your kind attention.


Sincerely,


TSANG YOK SING

Chairman, Democratic Alliance for Betterment of Hong Kong

Directly Elected Member, Legislative Council, Hong Kong Special Administrative Region

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