Amnesty (part 3 of 3) 大赦（3之3）
Updated: Apr 28, 2020
(Please scroll down for Chinese translation 繁体中文请往下滑).
Before reading these, our final thoughts about amnesty, we urge our readers to first be fully informed. Please at least read our blogs Referendum, it's time for a referendum, China and the breach, the secret history of Hong Kong's stillborn democracy, Amnesty part 1 and part 2. Thank you!
In our writers' minds, hearts, and souls the root cause of Hong Kong's ills is that China has repeatedly breached the Sino-British Joint Declaration of 1984 by not providing since 1 July 1997 the agreed high degree of autonomy for 50 years.
The Chinese Communist Party (CCP) has never acted in an honest and straight manner with the people of Hong Kong - see our blog the secret history of Hong Kong's stillborn democracy. The problem lies with the CCP. China is now controlled by CCP. China is not the CCP.
According to the decision made by the Chinese Communist Party (CCP) controlled National People's Congress Standing Committee (NPCSC) of the People's Republic of China in 2007, the 2017 Hong Kong (HK) Chief Executive election may be implemented by Universal Suffrage. It was CCP going back on its commitment that triggered the 2014 Occupy Central - Umbrella Movement.
Today HK is a feudal Chinese plutocracy which the HK elites run for their benefit and that of their new colonial masters, the Chinese Communist Party (CCP). HK has the most expensive real estate in the world and the widest gap between the rich and poor in the world.
The majority of HK people (over 70%) demands that China upholds the Joint Declaration. The majority of HK people are demanding that the protesters' 5 demands are met - the most important is the demand for Universal Suffrage democratic political reforms. Protests will NOT stop until all 5 demands are met because this is PERSONAL (parts 1 and 2) !
In our blog Amnesty (part 1 of 3) "Lessons from 1970s Hong Kong: the danger of unchecked police powers, and how a judge-led inquiry and an amnesty can work" SCMP contributor Philip Bowring shined light on the last political problem that Hong Kong faced which was in 1977 when the HK Police surrounded the headquarters of the Independent Commission Against Corruption (ICAC) who were then investigating Police corruption. The political problem in 1977 - as it still is in 2019 - is that HK people have no oversight over the HK Government or of the Police.
Leading Western democracies starting in 1980's changed their regulations to reflect the changes in which democratic societies requested more oversight over their government.* The HK Police Force Ordinance does not mention its duty to the Public! In Part V of that law, nothing mentions how Police must listen to us. Or what our rights are in determining police conduct.
HK governance has not been able to keep up with leading Western democracies and therefore HK is no longer competitive as a "World City" or an international financial centre - there are only two World Cities being New York City, USA and London, UK.
In our blog Amnesty (part 2 of 3) "Amnesty for Hong Kong extradition bill protesters would heal society and close rifts with mainland China" SCMP contributors Phil Chan and Paul Serfaty argue that it is undeniable that the government’s objection to amnesty is driven, at least in part, by Beijing’s resolve that protesters face criminal repercussions, lest the idea of protests driving political reform spread across the increasingly fragile border. However, in extending amnesty, the government will demonstrate that it really has “listened” to Hongkongers and is sincere about healing Hong Kong society. Doing so will halt further instability in Hong Kong and fissures between Hong Kong and China. It will, therefore, serve both Hong Kong’s and Beijing’s interests.
On 26 August 2019 RTHK reported that pro-democracy activist and Occupy Movement co-founder Benny Tai is calling on the government to grant amnesty not only to the hundreds of extradition protesters arrested over the past few months, but also any police officers who have abused their powers while on the front line. Similarly Anson Chan, the Chief Secretary of the HK Government under the last British Governor Chris Patton, has also called for an amnesty.
HK protesters’ five current demands are:
Implement as soon as possible democratic Universal Suffrage elections for C.E. and LegCo (the most important demand);
Establish an Independent Inquiry of Police;
Drop all charges against protesters, release the arrested persons and guarantee no political retaliation (amnesty);
Retract the characterization of the protests as “riots”;
Withdraw the extradition bill through formal procedures. (This bill has now been formally withdrawn in LegCo, 23rd October 2019)
A referendum in effect draws a line connecting the "dots" together - the dots include the 5 demands. The referendum lays the framework for the resolution of the 5 demands, for example:
We need Universal Suffrage democratic elections for our Political Leader and for the Legislative Council consisting of only Geographic Constituencies (most important demand)
Amnesty for all across the board (which pardons protesters, Police and others);
Couple the Amnesty with Judge-led Independent Inquiries into the HK Government and the Police operations. Findings will, within a democratic system, ensure the development of governance and the rule of law to meet the needs of HK people.
A Truth & Reconciliation Commission, or similar, to heal the rifts within HK society.
The idea of a referendum is for the Will of the HK people to define what they want. What the people want becomes the action to be implemented by a Universal Suffrage democratic elected government - this nullifies China's breach of the Joint Declaration allowing this agreement to continue. We have UN human rights to participate online and offline in elections.
The government of China must start treating HK fairly and perform in a less authoritarian manner. Many are hoping it will. If it does not perform in a just manner China will then face internationally the consequences of its failure to perform under an agreement that it signed. Beyond the CCP and China there are many other stakeholders who remain interested and invested in HK's future.
*Letter of the Law, Prof. Bryane Michael, SCMP 21 February 2017.
中國共產黨（中共）從未與香港人民誠實坦率地交往 - 請參閱我們的博客，這是香港死產民主的秘密歷史。問題出在中共。中國現在由中共控制。中國不是中共。
根據中共控制的中華人民共和國全國人民代表大會常務委員會（NPCSC）在2007年做出的決定，2017年香港（HK）行政長官選舉可能由普選產生。中共重新履行其承諾，觸發了2014年佔領中環 - 雨傘運動。
南華早報撰稿人Philip Bowring在我們的博客大赦（第1部分，共3部分）中闡述了1977年最近一次香港面臨的政治問題：“1970年代香港的教訓：不受制止的警察權力的危險，以及法官主導的調查和大赦如何奏效。” 他針對的情況是當時廉政公署正調查警察的腐敗行為，而香港警察包圍了廉政公署（ICAC）總部。1977年的政治問題 - 直到2019年仍然如此 - 是香港人沒有任何對香港政府或警察的監督。
SCMP撰稿人Phil Chan和Paul Serfaty在我們的博客特赦（第3部分，第2部分，共3部分）中說：“對香港引渡法案的抗議者可以治愈社會並與中國大陸建立裂痕。”不可否認，政府反對特赦的動機是至少在某種程度上，北京方面堅決表示抗議者將面臨刑事後果，以免抗議推動政治改革的想法遍布日益脆弱的邊界。但是，在大赦的過程中，政府將證明它確實“聽過”香港人，並真誠地醫治了香港社會。這樣做將阻止香港進一步的動盪以及中港之間的裂痕。因此，它將為香港和北京的利益服務。
香港電台於2019年8月26日報導，民主運動人士和占領運動聯合創始人班尼·戴（Benny Tai）呼籲政府不僅對過去幾個月被捕的數百名引渡示威者大赦，還對所有濫用職權的警察給予大赦他們在前線的力量。同樣，前任英國總督克里斯·帕頓（Chris Patton）的香港政府首席秘書陳方安生也呼籲大赦。
*Letter of the Law, Prof. Bryane Michael, SCMP 21 February 2017.