【禁闻】大碰撞: 学联闯京与占区禁制齐来

【新唐人2014年11月15日讯】香港学联宣布,他们将派出3名代表飞往北京,希望有机会向中共领导人和人大常委会反映香港人争取“真普选”的诉求。同时,小巴团体申请的延长旺角占领区禁制令也生效,并加进了对违反警务处理的细节。那么,香港争取“真普选”的运动,接下来会怎样发展呢?请看报导。

香港学联秘书长周永康13号向外界透露,包括他自己在内的3名学联代表,将于15号下午5点乘飞机前往北京,要求与国务院总理李克强等中共官员会晤,表达港人对普选的诉求。

周永康表示,如果北京不准他们入境,就代表他们害怕港人声音。那么港人未来的抗争只会更加炽烈。

香港学联也发表声明说,这次学联派代表上京有两个目的,第一、是把香港的真正民意带给中共当局,防止中共因消息不准确而作出错误决定。第二、就是强烈抗议把中国制度强加于香港。

学联还强调说,此次学联去北京是逼不得已,并非挑战中央权威,更不是破坏“一国两制”。

此外,香港学联还会在3个占领区放置的“我要真普选”横幅上,让市民写上对香港政改的意见,然后他们将把有关横幅带到北京。

香港中文大学政治学副教授马岳:“他们觉得特区政府不能代表他们的意见,所以应该要直接到北京去反映香港人对民主的意见。但是我相信,他们能真正见到中央官员的机会非常低。”

香港中文大学政治学副教授马岳表示,如果中共官员不见学生代表,那也是他们对香港民众的态度。而学生想要取得“真普选”的机会,就需要北京改变以前的决定。他们此前请求前香港特首董建华等出面联系北京,没有得到回应。所以马岳认为,学生们闯北京是无奈之举。

香港《开放杂志》总编辑金钟对《法国国际广播电台》表示,中国宪法第62条11款指明说,人大常委不适当的决定是可以“改变或者撤销”的。所以要中共人大撤销或修改关于香港普选特首的831决定,这是占中抗命的大方向。

不过,香港《明报》从调停学生占中与港府的中间人那里了解到,北京给予中间人和港府的资讯是“中央不会退让,为免麻烦,学联连北京也不能进入,会搭机返港”。

中共官媒《环球时报》此前也说,学联代表“没有权利要求直接会见中央政府或人大领导人。如果技术上做得到,不让他们入境应是第一选择。”

与此同时,在香港围绕占中的冲突也在加剧。

14号,法庭在的士及小巴团体申请的延长临时禁上又盖了印,这让在旺角占领区、金钟中信大厦外的禁制令生了效。法官还在禁制令中增加了对违反警务处理的细节。

不过法律界却质疑禁制令的做法。

香港《苹果日报》报导,法律界元老级人物、终审法院前常任法官列显伦,对原告潮联小巴公司根本没有向法庭提交任何清除路障计划,法庭仍颁布禁制令的做法感到奇怪,而原告在禁制令发出后,从未执行禁制令更是让列显伦诧异。他表示,在首份禁制令未获执行时,再颁布第二次禁制令是令人难以想像的。

列显伦此前还说,小巴商会申请的临时禁制令,属于香港律政司的责任范围,用私人诉讼公众秩序不合适。

《苹果》的报导说,香港大学法律学院教授陈文敏也批评,政府拟动用庞大警力执行禁制令,变相以公帑执行一宗民事诉讼的判决,程式上完全错误。

香港立法会议员、资深大律师梁家杰:“在一个民事案,来要求警方帮助你执行一个民事的法庭判处来的禁制令,这个呢,我当了30年的大律师,从来没见过的。”

香港立法会议员、资深大律师梁家杰认为,这种禁制令混淆了民事和刑事法庭的内容,也破坏了本应由政府执行公共秩序诉因问题的惯例。

但马岳指出,即使警方真的在旺角、金钟清场,学生还是可以到其他地方去继续占领。所以香港不政改,占中也不会在短期内解决。

采访/秦雪 编辑/宋风

HK Student Representatives Will Travel To Beijing For Appeal

Hong Kong Federation of Students (HKFS) announced that, three
representatives will visit Beijing, to hopefully appeal to
party leaders and the NPC delegates for
general democratic elections.
At the same time, injunctions ordering the cleanup of occupied
areas are extended, as requested by Hong Kong taxi and
light bus groups.

Details were also released on punishing violators
of the order.
What is the next step for Hong Kong’s democratic movements
seeking general democratic elections?
Let’s take a look at the report.

Alex Chow Yong-Kang, the secretary general of HKFS, said on
Nov.13 that he and 2 other HKFS representatives would take the
flight to Beijing at 5 p.m. on 15th.

They will request a meeting with Li Keqiang and other
Chinese Communist Party (CCP) leaders, to directly reflect
Hong Kong people’s demands for general democratic elections.

Chow said, if Beijing denied their entry at immigration, then
the CCP are telling the world that they are afraid of
listening to the Hong Kong people’s voice.

If that happens, resistance from Hong Kong will
only become stronger.

According to a statement by HKFS, the visit to Beijing has
two purposes: first, to convey the real will of HK people to
CCP leaders, such that they will not make wrong decisions
based on false information;
second, remonstrate against forcibly imposing
the CCPs regime on Hong Kong.

HKFS said, the travel to Beijing is a compelling move.

It has no intent to challenge the CCPs authority, or the
“One Country, Two Systems" principle.

In addition, HKFS said they would ask Hong Kong residents to
write down their political opinions on the three
“We Want Real General Democratic Elections" banners placed
at occupied areas.
The banners will then be brought to Beijing
by the representatives.

Ma Ngok, associate professor of political science at CUHK:
They feel that the HK government cannot deliver messages for
them so they should directly visit Beijing to
speak for themselves.
However, I think they will have little chance to meet
CCP central officials in Beijing.

Ma said if CCP officials refuse to meet HK student
representatives, this can also be regarded as an indication of
their attitude toward HK people.

In addition, Beijing may have to take back its decision if
they positively respond to students’ demands.
Previously, students received no response when they asked
former HK chief executive Chee-Hwa Tung to contact Beijing.
Ma thus believes that HKFS has no other choice but to
directly visit Beijing.

Editor-in-chief of Open Magazine Jin Zhong told RFI that,
according to Article 62 Section 11 of the CCP’s Constitution,
improper decisions by the NPC Standing Committee can be
changed or canceled.
Based on this, Occupy Central protesters are directing to
demand cancellation or revision of the NPC’s Aug 31 decision
on HK chief executive election.

On the other hand, Ming Pao learned from mediators between
students and HK government that they were told by Beijing that
the CCP would not compromise.

HKFS representatives will not be allowed to enter Beijing.
They will be directly sent back to Hong Kong via air.

A short time ago, the CCP mouthpiece Global Times reported:
HKFS representatives are not eligible to request a meeting
with CCP central officials or NPC leaders.

The best option is to block them at immigration,
if technically doable.

Meanwhile, the conflicts around occupied areas
in Hong Kong are turning worse.

On No.14, HK High Court extended an injunction over occupied
areas in Mongkok and Admiralty, upon request by HK taxi
and light bus groups.

The judge also added details about punishment against those
resisting police in executing the order.

Hong Kong legal workers are questioning the court decision.

Apple Daily quoted Mr. Henry Litton, senior legal professional
and a non-permanent judge of the Court of Final Appeal,
questioned the court decision.

Litton said it was odd for the court to issue injunctions in a
situation that Chiu Luen Public Light Bus Limited,
the plaintiff, did not give any plan of area cleaning.

Litton said he was further astonished by the fact that
the plaintiff never executed the order after the
injunction was issued.

Litton said it is “unimaginable" to issue a second order when
the first order was not even being executed.

Previously, Litton also commented on the injunction : a civil
court process was being invoked for what I feel is
a public order issue.

An Apple Daily report quoted Johannes Chan, the Dean of
the Faculty of Law for the University of Hong Kong.
Chan criticized that the HK government is planning to use
massive police power in executing an injunction order
resulting from a civil suit, which is completely incorrect
in legal procedure.

Alan Leong, member of HK Legislative Council and
senior lawyer: for a civil suit to request police help in
executing the injunction order, I have never seen things like
this throughout my 30 years of being a lawyer.

Alan Leong said, the injunction order muddles between
decisions of civil court and criminal court, and thus disrupts
the convention that it is the government that brings
public order issues to suit.

Ma Ngok further commented that, even if police clear occupied
areas in Mongkok and Admiralty, student protesters can still
move to other places.

Therefore Occupy Central will not easily see an end if the
HK government denies any kind of political reform.

Interview/QinXue Edit/SongFeng

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