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中英社评/天网恢恢疏而不漏 果断执法维护国安

2023-07-10 04:03:01大公报
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  香港国安法颁布实施三年来,推动香港实现由乱到治的重大转折,发挥了“一法定香江”的重大作用。但同时也要看到,当前香港仍面临严峻的国家安全风险,其中最为突出之处在于,流窜海外的反中乱港分子勾连当地反华组织与政客,不断进行煽动颠覆国家政权等非法行为,严重威胁香港的发展环境。必须指出,对于此类罪行,香港国安法具有域外效力,执法部门应果断拿起法律武器,采取必要的行动,坚定维护国家安全。

  长期以来,香港在维护国家安全方面处于不设防的状态,2019年的黑色暴乱,更是将香港推向万劫不复的悬崖边缘。所幸在关键时刻,中央果断出手,为香港制定国安法。国安法颁布实施以来,效果立竿见影。事实雄辩地证明,制定实施香港国安法完全符合香港实际,香港实现了由乱到治并走向由治及兴。正如香港市民所说,实施香港国安法是香港由乱到治的“分水岭”,为香港繁荣稳定保驾护航。这部法律对危害国家安全的极少数人是“高悬利剑”,对绝大多数市民包括在港外国人,它是人权自由的“守护神”。

  香港国安法的作用毋庸置疑,但同时也要冷静地看到,有了这部法律不代表香港就可以高枕无忧。事实上,香港面临维护国家安全的新形势、新挑战、新问题。当中最核心之处在于,破坏国家安全的形式、手段、渠道都发生了重大改变。尤其值得注意的是,流窜海外的反中乱港分子,勾连外国反华政客及组织,千方百计抹黑香港国安法,继续煽动分裂,破坏香港法治安宁。

  这类罪行主要体现在以下两方面。一是在网络空间,以各种方式、各种载体,散播煽动暴力或鼓吹“港独”的言论,蓄意制造香港与内地的矛盾,破坏香港社会稳定。二是在海外地区,一些“着草”黑暴分子及反中乱港政客,例如罗冠聪、许智峯、郭荣铿等等,明目张胆甘当西方反华势力的“烂头蟀”,对香港国安法极尽抹黑之能事,勾结反华政客鼓吹制裁特区官员及法官。当香港官员出境访问时,也有一群乱港分子如蚁附膻。最近,美国政客意图阻挠行政长官李家超出席年底在美国举行的APEC会议,背后也有出逃海外乱港分子的身影。此类行径严重影响香港维护国家安全的环境。

  这些流窜海外的反中乱港分子,之所以敢如此嚣张,一方面是自恃有外部势力撑腰,另一方面是错误地认为,他们身在海外,香港国安法“管不了他们”。但这是极其无知的想法。国安法第37条明确规定:“香港特别行政区永久性居民或者在香港特别行政区成立的公司、团体等法人或者非法人组织在香港特别行政区以外实施本法规定的犯罪的,适用本法。”这就说明,国安法具有域外效力,别以为身在海外就可以为所欲为,只要违法就有痕迹,就难逃法网。就算不回港,国安法已有足够赋权,该还的终究要还。

  香港国安法立法的初衷就是为了维护国家安全、捍卫“一国两制”,为香港好、为广大香港居民好。法律赋予了特区维护国家安全的权力,同时维护国家安全也是特别行政区应尽的宪制责任和义务。香港各界市民相信,特区政府及有关部门一定会坚定履职尽责,采取果断举措,严惩一切破坏国家安全的违法行径。

  Justice has a long reach - law enforcement action must be taken resolutely to safeguard national security

  The Hong Kong national security law, promulgated and implemented three years ago, has pushed Hong Kong for a major turn from chaos to order, playing an important role of "a law stabilising Hong Kong". However, it must also be noted that Hong Kong today still faces serious national security risks, of which the most pronounced lies in that some anti-China and trouble-making elements who have fled overseas collude with overseas anti-China organisations and politicians to incessantly engage in illegal activities of inciting subversion, posing a serious threat to Hong Kong's development environment. It must be pointed out that for such crimes, the Hong Kong national security law has extraterritorial effect. Hence law enforcement authorities should resolutely grab the legal arsenal and take necessary actions to firmly safeguard national security.

  For a long period of time, Hong Kong had remained undefended with regard to safeguarding national security. The riots by black-clad mobsters in 2019 even pushed Hong Kong to the verge of the abyss of perdition. At such a crucial moment, fortunately, the Central Government took resolute action to legislate a law for Hong Kong to safeguard national security. The law produced an immediate effect upon its promulgation and implementation. Facts convincingly prove that the legislation and implementation of the Hong Kong national security law is fully in accord with Hong Kong's reality, enabling the SAR to transit from chaos to order and then advance to prosperity. As Hong Kong citizens say, the implementation of the Hong Kong national security law is a "watershed" marking Hong Kong's transition from chaos to order, and protects Hong Kong's prosperity and stability. For an extremely minority of people damaging national security, this law is like a "sword of Damocles" hanging over their heads. For the absolute majority of citizens including foreigners living in Hong Kong, this law is their "guardian angel".

  The effectiveness of the Hong Kong national security law is beyond doubt. But at the same time, we must be soberly aware that having such a law is not meant Hong Kong is free of worries. As a matter of fact, Hong Kong faces new circumstacnes, new challenges and new problems when safeguarding national security is concerned. The crux of the matter lies in that major changes have taken place in the forms, means and channels of damaging national security. What is noteworthy in particular is that anti-China and trouble-making elements who have fled overseas now collude with foreign anti-China politicians and organisations and do everything possible to smear the Hong Kong national law and continue inciting sedition and jeopardising Hong Kong's rule of law and peace.

  Such crimes are committed mainly in two ways. One is in the cyberspace to spread the words of instigating violence or advocating "independence for Hong Kong" in all kinds of forms and through all kinds of carriers, attempting deliberately to drive a wedge between Hong Kong and the Mainland and bring damage to Hong Kong's social stability. The second is in some places overseas, some fugitive mobsters and anti-China and trouble-making politicians, such as Nathan Law Kwun-chung, Ted Hui Chi-fung and Dennis Kwok Wing-hang, have the impudence to act as Western anti-China forces' hatchet men and do everything possible to smear the Hong Kong national security law and collude with anti-China politicians to advocate sanctions against SAR officials and judges. Whenever some Hong Kong government official travels abroad, there is also a group of trouble-making fugitives following them everywhere like ants pursuing a stink. Behind the recent attempt by some American politicians to block Chie Executive John Lee Ka-chiu from attending the APEC (Asia-Pacific Economic Cooperation) meeting to be held in the United States at the end of this year, the silhouettes of some trouble-making elements fleeing from Hong Kong could be noticed. Such evil acts have a seriously negative impact on the environment for Hong Kong's safeguarding national security.

  Such anti-China and trouble-making elements fleeing overseas from Hong Kong dare to act so arrogantly because, on the one hand, they are self-assured for having the backing of foreign forces, and, on the other hand, they mistakenly think they are out of the Hong Kong national security law's jurisdiction since they are outside the SAR. However, it is ignorant to think this way. Article 37 of the national security law unambiguously stipulates: "This Law shall apply to a person who is a permanent resident of the Hong Kong Special Administrative Region or an incorporated or unincorporated body such as a company or an organisation which is set up in the Region if the person or the body commits an offence under this Law outside the Region." This means the national law has extraterritorial effect. So no one should think they could do whatever they want to as long as they are not in Hong Kong. Anyone who breaks the law leaves traces and cannot escape the law. Even if they do not come back to Hong Kong, the national security law gives sufficient empowerment. What is to be paid will be paid eventually.

  The original intention of legislating the Hong Kong national security law is exactly to safeguard national security, to defend "one country two systems", and for the betterment of Hong Kong and of the vast majority of Hong Kong people. The law empowers the SAR to safeguard national security. At the same time, safeguarding national security is also the SAR's constitutional responsibility and obligation. Hong Kong citizens from all walks of life believe that the SAR Government and authorities concerned will dutifully perform their duties and take action resolutely to heave-handedly crack down on unlawful acts of damaging national security.

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