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今天南华早报发表了单伟建的重要论文,谈国家安全法才真正把香港从混乱和暴乱中解放了出来。我归纳如下。

(1)国家安全法是所有主权国家都有的。香港的基本法也写得很清楚。全国人大很耐心地等待了23年。也无法再等了。

(2)实施国家安全法以来的一百多天来,我们看到了什么?香港的自由未变,暴乱平息了。悲观的人们将被证明一错再错。

(3)香港一直在比欧美更开放,今天依然如此:无税、司法体系的开放、人的流动更自由。

(4)1997年之前逃离香港、去了加拿大等国的香港人很快就回来了。香港现在有30万持加拿大护照的人。他们都是谁?香港将继续繁荣。

张化桥评论:在英语世界,对应着每一万篇批评中国的文章(有些文章有道理,有些胡说),只有大约三篇阐述中国观点的文章。而这三篇中,大约有两篇是外国人写的。中国人必须争取多发言、善于发言。单伟建的这篇文章有理有据,文字优美,有绅士风度。如果我们老是说西方国家(1)不懂中国国情、(2)搬起石头砸自己的脚,(3)必须悬崖勒马、(4)将成为千古罪人,那我们的文章无法在英语的主流媒体发表,而且根本无论说服任何人。

我们都要学好英语,入神入境。单伟建的文章不是宣传品。而宣传品的名声太差。我们必须客观、公正地说道理。(单的全文如下)

Hong Kong is a Free Society.

The enactment of the law has restored social stability and the freedoms that were suppressed by violent protesters

Hong Kong remains free and open, with its rule of law intact and an independent judiciary steeped in the common law tradition.

Weijian Shan,

Published: 1:00am, 20 Oct, 2020.

When the Hong Kong national security law was first adopted on June 30, there was much discussion about its impact. Some thought it would bring back social stability; others predicted a mass exodus of foreign businesses and capital and the demise of freedom. A senior Japanese executive told me some headlines in Japan declared that “Hong Kong is dead”.

Neither speculation nor debate could change the reality on the ground. October 8 marked the 100th day of the passage of the law. With that milestone behind us, it is time to take stock of the law’s effect based on what has transpired so far.

Hong Kong remains an open and free society under the rule of law. Although it is not a democracy, Hong Kong residents enjoy more political rights today than they did under British colonial rule. The city still has a chance to become a democracy, if the universal suffrage proposal, put forward by Beijing in 2014 but rejected by the opposition over the candidate nomination process, is reintroduced (see my opinion piece in the Financial Times last year).

In terms of openness, Hong Kong compares favourably with the United States, which I regard as the shining beacon of free society.

Citizens of the US and many other countries can travel, visa-free, to Hong Kong, and can obtain work visas as long as jobs are available in the city in almost any profession. Whereas the US collects taxes on imports, Hong Kong charges zero tariffs. I am not aware of another rich society that is so open.

When I publish books and media commentaries, I have found myself to be not as mindful of political correctness in Hong Kong as I am in the US.

Can people in Hong Kong criticize their government, or Beijing? They do, daily. You need to look no further than the South China Morning Post (in English) or the Apple Daily (in Chinese).

Hong Kong is blessed with an independent judiciary steeped in that greatest of British legacies, the common law system – so much so that judges still wear ridiculous-looking powdered wigs. Of the 22 justices in Hong Kong’s highest court, 16 are foreign nationals, including 14 non-Chinese judges from British Commonwealth countries.

The freedoms enjoyed by Hong Kong people were seriously threatened and undermined during the violent turmoil in the latter half of last year. What had begun as peaceful demonstrations against a proposed extradition law, later withdrawn, descended into violent riots that crippled much of the economy.

Rioters set a person on fire for daring to disagree with them; killed an old man who was cleaning debris they had thrown onto the highway; and beat men and women, some to a bloody pulp, for such offences as speaking Mandarin or voicing dissent. Numerous stores operated by the Maxim’s restaurant group, including several local Starbucks outlets, were trashed after the daughter of the group’s founder had the courage to say publicly that the perpetrators of violence “do not represent” Hong Kong.

A Hong Kong branch of DBS, a Singaporean bank, was vandalised after Singapore’s Prime Minister Lee Hsien Loong opined that the rioters did not mean to solve Hong Kong’s problems but to humiliate and bring down the government.

More than 100 of the 190 or so branches of Bank of China were smashed or burned. The British bank HSBC also was attacked for closing an account linked to protest fundraising.

Few of the victimised institutions, including one American bank which saw a Mandarin-speaking employee beaten up by a “protester” outside its Hong Kong office, dared to condemn the violence or utter a word of protest. All were terrorised.

When self-proclaimed liberators and revolutionaries of our times deny freedom, including the right of free speech, to all but themselves, they are not freedom fighters but terrorists.

The damage caused to Hong Kong and its population was far greater than the violation of human rights and the destruction of property. The unrest sent the city’s economy into a recession in the second half of 2019, with tourism, a main pillar of Hong Kong’s economy, down 39.1 per cent in the second half of last year, led by a 40.8 per cent drop in the number of mainland tourists.

The national security law ended this reign of terror.

Article 23 of the Basic Law, Hong Kong’s mini-constitution, obligates it to adopt a national security law. China’s National People’s Congress has the power to enact one. But Beijing had been patient for 23 years, until the security situation in Hong Kong had clearly become untenable. So far, the law has restored social stability as well as the freedoms suppressed during the violent unrest.

The national security law outlaws secession, subversion, terrorism and collusion with foreign forces. All free societies in the world have similar laws. To be sure, treason and sedition are crimes under the federal law in the United States.

Hong Kong people deeply care about the freedoms they enjoy and rightfully worry that they might be taken away. Some fear that anything they do or say might run afoul of the national security law, out of concern that the law is written so broadly that it might give the government too wide a berth for abuse. What if the government determines that the things I say, such as “Hong Kong’s economic future is bleak”, “Hong Kong’s government is incompetent” or “democracy will be good for Hong Kong” – all of which I believe – violate the national security law, and hauls me to Beijing to stand trial?

That is simply not how Hong Kong’s legal system works. The security law does not operate in isolation of established common law principles and practices, nor of an independent judicial system under which judges determine if a crime is committed. In the common law tradition, laws are built on legal principles and precedent dating back hundreds of years, often in the absence of a written law.

The Magna Carta, which in 1215 established the principle of no taxation without representation, was written on a single page (albeit a big one). The United Kingdom does not even have a written constitution. Yet, precedent and past practices fill the void of the written law, leaving little wiggle room for judges to improvise.

In the years leading up to China’s takeover in 1997, many people, fearful that Hong Kong would cease to be a free society, emigrated. Canada was the most popular destination. The fear turned out to be unfounded. Today, there are 300,000 Canadian citizens living in the city, far more than any other foreign nationalities. The vast majority are Hong Kong natives who have returned.

The national security law is here to stay. I believe that Hong Kong will remain an open and free society. For doubters, time will tell.

Weijian Shan is chairman and CEO of PAG, a leading Asia-focused private equity firm. Prior to PAG, he was a partner of the private equity firm TPG, and co-managing partner of TPG Asia (formerly known as Newbridge Capital). Previously, Shan was a managing director of JP Morgan, and a professor at the Wharton School of the University of Pennsylvania. He is the author of Money Games: The Inside Story of How American Dealmakers Saved Korea's Most Iconic Bank (2020) and Out of the Gobi: My Story of China and America (2019).
 

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张化桥

张化桥

1392篇文章 2年前更新

香港慢牛投资公司董事长。瑞士银行11年 (研究主管/投行副主管)。86-89年任职人行总行。五年(2001-05)"机构投资者"杂志评选的中国分析师第一名。

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