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              ?中英社評/天網(wǎng)恢恢疏而不漏 果斷執(zhí)法維護國安

              2023-07-10 04:03:01大公報
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                香港國安法頒布實施三年來,推動香港實現(xiàn)由亂到治的重大轉(zhuǎn)折,發(fā)揮了“一法定香江”的重大作用。但同時也要看到,當前香港仍面臨嚴峻的國家安全風險,其中最為突出之處在于,流竄海外的反中亂港分子勾連當?shù)胤慈A組織與政客,不斷進行煽動顛覆國家政權(quán)等非法行為,嚴重威脅香港的發(fā)展環(huán)境。必須指出,對于此類罪行,香港國安法具有域外效力,執(zhí)法部門應果斷拿起法律武器,采取必要的行動,堅定維護國家安全。

                長期以來,香港在維護國家安全方面處于不設防的狀態(tài),2019年的黑色暴亂,更是將香港推向萬劫不復的懸崖邊緣。所幸在關(guān)鍵時刻,中央果斷出手,為香港制定國安法。國安法頒布實施以來,效果立竿見影。事實雄辯地證明,制定實施香港國安法完全符合香港實際,香港實現(xiàn)了由亂到治并走向由治及興。正如香港市民所說,實施香港國安法是香港由亂到治的“分水嶺”,為香港繁榮穩(wěn)定保駕護航。這部法律對危害國家安全的極少數(shù)人是“高懸利劍”,對絕大多數(shù)市民包括在港外國人,它是人權(quán)自由的“守護神”。

                香港國安法的作用毋庸置疑,但同時也要冷靜地看到,有了這部法律不代表香港就可以高枕無憂。事實上,香港面臨維護國家安全的新形勢、新挑戰(zhàn)、新問題。當中最核心之處在于,破壞國家安全的形式、手段、渠道都發(fā)生了重大改變。尤其值得注意的是,流竄海外的反中亂港分子,勾連外國反華政客及組織,千方百計抹黑香港國安法,繼續(xù)煽動分裂,破壞香港法治安寧。

                這類罪行主要體現(xiàn)在以下兩方面。一是在網(wǎng)絡空間,以各種方式、各種載體,散播煽動暴力或鼓吹“港獨”的言論,蓄意制造香港與內(nèi)地的矛盾,破壞香港社會穩(wěn)定。二是在海外地區(qū),一些“著草”黑暴分子及反中亂港政客,例如羅冠聰、許智峯、郭榮鏗等等,明目張膽甘當西方反華勢力的“爛頭蟀”,對香港國安法極盡抹黑之能事,勾結(jié)反華政客鼓吹制裁特區(qū)官員及法官。當香港官員出境訪問時,也有一群亂港分子如蟻附膻。最近,美國政客意圖阻撓行政長官李家超出席年底在美國舉行的APEC會議,背后也有出逃海外亂港分子的身影。此類行徑嚴重影響香港維護國家安全的環(huán)境。

                這些流竄海外的反中亂港分子,之所以敢如此囂張,一方面是自恃有外部勢力撐腰,另一方面是錯誤地認為,他們身在海外,香港國安法“管不了他們”。但這是極其無知的想法。國安法第37條明確規(guī)定:“香港特別行政區(qū)永久性居民或者在香港特別行政區(qū)成立的公司、團體等法人或者非法人組織在香港特別行政區(qū)以外實施本法規(guī)定的犯罪的,適用本法?!边@就說明,國安法具有域外效力,別以為身在海外就可以為所欲為,只要違法就有痕跡,就難逃法網(wǎng)。就算不回港,國安法已有足夠賦權(quán),該還的終究要還。

                香港國安法立法的初衷就是為了維護國家安全、捍衛(wèi)“一國兩制”,為香港好、為廣大香港居民好。法律賦予了特區(qū)維護國家安全的權(quán)力,同時維護國家安全也是特別行政區(qū)應盡的憲制責任和義務。香港各界市民相信,特區(qū)政府及有關(guān)部門一定會堅定履職盡責,采取果斷舉措,嚴懲一切破壞國家安全的違法行徑。

                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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