2021年1月6日,香港警務處以涉嫌觸犯「港區國安法」為名,於清晨大肆拘捕曾參加於2019年舉行的民主派初選中,超過50名香港民主派人士,其中包括前立法會議員、現任區議員、醫生、律師。警方更藉法庭手令,搜查被捕人士所屬的律師樓、醫務所、議員辦事處,及要求四個傳媒機構提供與初選有關的交易詳情。但警方所持的執法理據,僅為倡議初選者及部分候選人曾提及否決財政預算案,以令政府須根據基本法重選立法會及行政長官。
On 6th January 2021, over 50 pro-democracy politicians who participated in the Primary Election were accused of violating The National Security Law and arrested by the police, and among them there were doctors, lawyers, former legislators and district councilors.
With orders issued by the court, the police searched their homes, offices and clinics.
Primary Election.
Four media companies are also demanded to handover materials that are related to the Primary Election. However, according to the statement the police offered, only those who proposed the Primary Election and candidates who advocated to ban any budget plans were arrested.
根據《香港特別行政區基本法》第73條(二):立法會可根據政府的提案,審核、通過財政預算案。審核權自然包含否決權。而根據《基本法》第52條(三),亦有列明行政長官在立法會拒絕通過財政預算案並被解散後,而重選的立法會繼續拒絕通過原案,作為其必須辭職的條件。
根據《香港人權法案》第21條,凡屬永久性居民,均應有權利及機會在真正、定期之選舉中投票及被選,及直接或經由自由選擇之代表參與政事。參選人透過初選機制,向公眾公開辯論政治立場及基本法賦予立法者的權利,並由願意參與及表達立場之公眾選擇支持與否,不應視作為違反國家安全的行為。
According to article 73(2) of the Basic Law, the Legislative Council of the Hong Kong Special Administrative Region shall examine and approve budgets introduced by the government. The legislators are also granted the right to disapprove budgets introduced by the government. Article 52 (3) also states that after the Legislative Council is dissolved because it refuses to pass a budget or any other important bill and if the new Legislative Council still refuses to pass the original bill in dispute, the Chief Executive of the Hong Kong Special Administrative Region must resign.
Article 21 of the The Hong Kong Bill of Rights clearly states that every permanent resident shall have the right and the opportunity, without any of the distinctions mentioned in article 1(1) and without unreasonable restrictions to take part in the conduct of public affairs, directly or through freely chosen representatives, and to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors.
Through the Primary Election, the candidates only exercised their rights to debate their political stance and the electors had the freedom to elect those who are in their favor, which both have been granted by The Basic Law.
They should not have been treated as violations of the National Security Law.
《港區國安法》第22條清楚列明,顛覆國家政權罪的犯罪條件為組織、策劃、實施、或者參與實施以武力、威脅使用武力或者其他非法手段顛覆國家政權。上述初選行為所討論的均在合乎基本法條文下的合法行為。
“Subversion”, as defined by The National Security Law, means when a person who organises, plans, commits or participates in acts by force or threat of force or other unlawful means with a view to subverting the State power shall be guilty of an offence.
The Primary Election is merely a legal expression of the will of the public by the definition of The Basic Law.
民間人權陣線強烈譴責警方斷章取義詮釋法律,製造大規模拘捕,意圖營造白色恐怖,並意圖損害香港人的言論自由、新聞自由、選舉權及被選舉權。我們要求特區政府馬上釋放所有政治犯,停止濫捕及損害香港人權的行為。五大訴求,缺一不可。
Civil Human Rights Front condemns the reckless accusations and arrests by the police, for they are creating white terror in the city in order to silence dissent. The freedom of speech, the freedom of the press, the right to elect and to be elected that we once were proud of are being taken away from us.
We demand the Hong Kong government to release all the political prisoners, to stop the mass political persecution and to stop the erosion on our freedom.
Five Demands, Not One Less.
民間人權陣線
Civil Human Rights Front
2021年1月6日
6th January 2021