2020年7月3日 星期五

新國安法下,香港從法治綠洲走向「警察國家」Hong Kong Opens Door to China’s Hulking Security State





The Wall Street Journal


China's extraordinary new national-security law for Hong Kong: a breakdown of what is in it.

Hong Kong Opens Door to China’s Hulking Security State

A new national security law will allow Beijing’s sprawling and secretive security system to establish a visible foothold in the territory.

Asia Pacific5h ago


Hong Kong Opens Door to China’s Hulking Security State

A new national security law will allow Beijing’s sprawling and secretive security system to establish a visible foothold in the territory.




The Chinese and Hong Kong flags were flown over Hong Kong on Wednesday for the 23rd anniversary of Hong Kong return to Chinese control.Credit...Anthony Wallace/Agence France-Presse — Getty Images



By Chris Buckley
July 2, 2020
阅读简体中文版閱讀繁體中文版

新國安法下,香港從法治綠洲走向「警察國家」

China’s state security apparatus has largely worked in the shadows while the Communist Party leader, Xi Jinping, expanded it over recent years into a bulwark against threats to party rule, public order and national unity.
中國的國家安全機構基本上一直在暗中運作,而最近幾年來,這個機構已被中國共產黨領導人習近平擴大為抵禦中共統治、公共秩序和國家統一所受威脅的防禦者。
Hong Kong could change that low profile.香港可能會改變中國國安部門的低調形象。

Under a national security law that went into force this week, China will openly station security officials in Hong Kong to subdue opposition to the party’s rule. The law authorizes these agents to investigate cases, collect intelligence and help oversee enforcement of the rules across schools, news outlets and social organizations. Until now, Chinese agents operated covertly in Hong Kong.
根據本週生效的港區國安法,中央政府將在香港公開派駐安全官員,以壓制那裡反對共產黨統治的聲音。該法授權這些派駐人員調查案件、收集情報,以及幫助監督國安法在學校、新聞媒體和社會組織中的執行情況。此前,中國特工在香港的活動是祕密的。
“When I was abducted to China, it was done in secret. Now it can be done openly,” said Lam Wing-kee, a Hong Kong book store owner who was snatched in 2015 and spirited to mainland China. He said that security officials placed him in solitary confinement for five months and interrogated him about publishing gossip-laden books about Mr. Xi and other party leaders.
「我被綁架到中國時,那種做法是祕密的,」林榮基說,他是香港一家書店的老闆,2015年遭綁架後被偷偷送到中國大陸。他說,安全官員將他單獨監禁了五個月之久,對他出版關於習近平和其他中共領導人的八卦書籍的事情進行了審問。
“Now that the Chinese national security agencies have official protection in Hong Kong, essentially Hong Kong will be no different from any part of China,” said Mr. Lam, who now lives in Taiwan.「現在中國國家安全機構在香港得到了正式保護,香港將基本上與中國其他地方沒有任何不同,」現居台灣的林榮基說。



The new law for Hong Kong has drawn criticism for introducing ambiguously defined crimes such as separatism and collusion that can be used to stifle protest. On Wednesday, the first full day that the law took effect, the city’s police flexed its new muscle by arresting mostly peaceful demonstrators over behavior deemed to challenge Chinese rule over the territory.
港區國安法因引入了界定模糊的罪行,比如分裂和勾結,引發了人們的批評,這些罪行可被用來扼殺抗議活動。週三,也就是國安法生效的第一個整天,香港警方逮捕基本和平的示威者,展示了法律賦予的新權力,警方認為示威者的行為挑戰了中國對香港的統治。


ImageHong Kong police officers carried a purple flag on Wednesday to warn protesters about actions that violate the new national security law.Credit...Lam Yik Fei for The New York Times


But the law also extends China’s security state into Hong Kong, where it will operate beyond the scrutiny of local laws and courts. The open yet untouchable nature of these forces signals a drastic shift for the territory, which has promoted itself as an oasis for the rule of law.國安法也將中國的警察國家延伸到了香港,中國安全機構在香港的運作將不受當地法律和法院的監督。安全機構公開運作且不受監管的性質,對香港來說意味著一個重大變化。這裡曾一直將自己標榜為一個法治的綠洲。

For Mr. Xi, Hong Kong represents a logical next step for his expansion of the party’s grip over society. Since coming to power in 2012, Mr. Xi has overseen a crackdown that has extinguished political dissent, worker protests, student activism, and ethnic unrest in Tibet and Xinjiang, several experts said.對習近平來說,香港代表著他擴大中共對社會控制的必然的下一步。一些專家表示,自2012年上台以來,他領導了壓制政治異見、工人抗議、學生運動,以及平息西藏和新疆的民族動盪的鎮壓。

“There’s a lot of parallels between what China has domestically and what they’re imposing on Hong Kong,” said Ryan Hass, a fellow at the Brookings Institution. When Mr. Hass was a director for China at the White House National Security Council from 2013 to 2017, he dealt with members of China’s national security apparatus.「中國國內發生的情況與他們強加給香港的情況有很多相似之處,」布魯金斯學會的何雷恩(Ryan Hass)說。他在2013年至2017年間在白宮國家安全委員會擔任中國事務主管時,曾與中國國家安全機構的人打過交道。

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“They’re like clouds that hang over society,” Mr. Hass said. “They can decide when the sun is allowed to come through, and they can decide when to block it.”「他們像是籠罩在社會上空的烏雲,」何雷恩說。「他們能決定什麼時候讓陽光進來,什麼時候不讓進來。」

Communist Party leaders see Hong Kong, a former British colony, as a dangerous enclave of Western influence, anti-party sentiment and treasonous separatists on the tip of southern China. After its handover to China in 1997, Hong Kong retained its own legal system and civil liberties.中共領導人將香港這個英國前殖民地視為中國南端一塊受西方影響、充滿反黨情緒和叛國分裂分子的危險飛地。香港於1997年回歸中國後,保留了自己的法律制度和公民自由。

Chinese leaders grew increasingly alarmed and frustrated last year when pro-democracy demonstrations buffeted Hong Kong for months, sometimes bursting into violent standoffs with the police.去年,支持民主的示威活動在香港持續了數月之久,有時甚至與警方發生暴力對峙,中國領導人對香港的情況越來越擔心,而且很不滿。




Image
The Hong Kong police invoked Beijing’s new security law in arresting protesters on Wednesday.Credit...Lam Yik Fei for The New York Times


“Hong Kong is perceived as a vulnerable link in internal security of all China,” said Yun Sun, the director of the China Program at the Stimson Center, who has studied China’s national security system. “When Hong Kong people protest on the street, it immediately makes Beijing look bad, because these people are raising questions about China’s authoritarian regime.”「香港被視為整個中國內部安全的一個薄弱環節,」史汀生中心(Stimson Center)中國項目主管孫雲說,她一直研究中國的國家安全體系。「香港人上街抗議時,馬上會讓北京感到難堪,因為抗議者是在質疑中國的威權政權。」

A Communist Party meeting in October floated a vague proposal to create a national security system for the territory, leaving outsiders to wonder what Mr. Xi had in mind. The law released this week revealed a broadening of China’s security presence in Hong Kong that astonished many for its scope.
在去年10月的一次會議上,中共提出一個替香港設立國家安全系統的模糊想法,外人當時並不明白習近平腦子裡是怎麼想的。本週公布的法律揭示了中國安全機構向香港的擴大,其範圍之廣令許多人感到震驚。
The law lays out a plethora of new bodies in Hong Kong to enforce the rules against challenging Chinese rule, even peacefully.該法包括在香港設立多個新機構,對挑戰中國統治的做法進行法律制裁,即便是和平的方式。


They include a national security committee in the Hong Kong government, and units in the local police and prosecutors’ office to handle cases under the new law. Beijing will also assign an adviser to the Hong Kong committee, and establish its own security office in the territory, made up of mainland Chinese staff.這些機構包括在香港政府設立一個維護國家安全的委員會,以及在當地警方和檢察官辦公室設立涉安全法案件審理的部門。北京還將向香港的國家安全委員會派駐一名顧問,並在香港設立自己的、由大陸員工組成的維護國家安全辦公室。

“They will have the effect of intimidating activities by NGOs and other social groups,” said Willy Wo-Lap Lam, a scholar of Chinese politics at the Chinese University of Hong Kong. “Just knowing they are there will have its own effect.”「這些機構將起到恐嚇非政府組織和其他社會團體活動的效果,」香港中文大學研究中國政治的學者林和立說。「只是知道它們的存在,就會有影響。」
Beijing has brusquely dismissed criticism, more or less telling Hong Kong people to get used to much more forceful and intrusive policing to maintain order after the unrest last year.
北京已毫不客氣地駁斥了批評,基本上是在告訴香港人,去年發生了動亂之後,現在是應該接受更有力、更具侵擾性的治安手段的時候了。

The new law also allows the authorities to prosecute people over political offenses committed abroad, raising the intimidating possibility that migrants from the territory living in, say, Britain or Canada, could be arrested if they returned to Hong Kong after peacefully protesting in their adopted countries.
港區國安法還允許當局對在海外犯下政治罪行的人提起訴訟,這製造了一種令人恐懼的可能性,比如居住在英國或加拿大的香港移民,如果他們在所居住的國家舉行和平抗議後返回香港,可能會被逮捕。

“The central authorities have the power and responsibility to take all the measures necessary to protect national security,” Zhang Xiaoming, a deputy director of the Chinese government office for Hong Kong, told reporters in Beijing this week. Asked about sanctions imposed by Western countries, he said: “What’s this got to do with you? This is entirely our domestic affair.”
「中央有權力也有責任採取一切必要的措施維護國家安全,」中國政府駐香港辦公室副主任張曉明本週在北京對記者說。當被問及西方國家實施制裁的問題時,他說:「這關你什麼事?這完全是我們的內政。」

Zhang Xiaoming, a deputy director of the Chinese government office for Hong Kong, said the authorities could “take all the measures necessary to protect national security.”Credit...Greg Baker/Agence France-Presse — Getty Images


The Chinese conception of “national security,” however, differs from the standard Western idea that focuses on terrorism, external threats and diplomatic rivalry. In Chinese, the very term for it, guojia anquan, also means “state security,” and official policy is more focused on domestic threats and protecting the Communist Party.不過,中國的「國家安全」概念與西方的標準不同,後者側重於恐怖主義、外部威脅和外交競爭。中文的「國家安全」說法本身包含「政府安全」的意思,有關國家安全的官方政策更多地強調來自國內的威脅,以及維護共產黨的統治。



China’s Central National Security Commission, which Mr. Xi first convened in 2014 to steer policymaking, is controlled by the Communist Party leadership, rather than the civilian administration, making it — like the People’s Liberation Army — a direct arm of the party.

“The Chinese conception of national security goes way beyond what normal foreign policy would cover,” said Ms. Sun of the Stimson Center. “The pivotal starting point is regime security.”

Even by China’s tight-lipped standards, its security agencies are strikingly secretive.

The Ministry of State Security, which investigates serious national security cases and gathers intelligence at home and abroad, rarely makes public comments and does not have a phone number to answer questions from journalists. The National Security Commission rarely surfaces in public, and clues about its activities must be found scattered on local government websites, which sometimes mention its meetings and directives.

The Commission last met a few months ago, when China was struggling to manage its coronavirus crisis. Mr. Xi called a meeting that focused on the threats facing the country in a pandemic-stricken world, according to brief reports on Chinese government websites.

“We are confronted with more and more nontraditional security threats,” Chen Wenqing, the Chinese minister of state security, wrote in an article for a Communist Party journal in April, one of his rare public statements. “Faced with the schemes of hostile forces at home and abroad to challenge our core interests, we have to make a clear stand and be unafraid of showing our hand.”




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Protesters in Hong Kong on Wednesday. The pro-democracy demonstrations over the past year have alarmed and frustrated mainland officials.Credit...Lam Yik Fei for The New York Times


In China, national security priorities have become increasingly prominent in propaganda.

Mr. Xi has created a National Security Education Day every April to warn citizens to be on guard against spies and saboteurs, including foreign agents who are said to lure their targets with romantic dinners. Local governments hold inspections to ensure that companies and factories do not leak secrets. Universities and colleges regularly report on ideological tendencies among students and teachers.


The Hong Kong law also calls for stricter oversight of schools, news media, internet outlets and associations. Advisers from Beijing may help bring in — probably in a more muted form — some of the monitoring and pressure tactics used in China to stifle potential troublemakers, opponents of the law said.

“We used to think of ‘secret police’ as something abstract,” Nathan Law, a prominent leader of the Hong Kong protests, said in a statement issued by the Hong Kong Democracy Council. “Now it is a very real fear.”
「『祕密警察』在我們的腦子裡曾是一個抽象概念,」香港抗議活動的著名領導人之一羅冠聰在海外港人組織「香港民主委員會」(Hong Kong Democracy Council)發表的一份聲明中說。「現在,它是一種非常現實的擔憂。」
Mr. Law later indicated in a Facebook post that he had fled Hong Kong out of fear of the security law. He did not disclose his destination.羅冠聰後來在Facebook上發帖表示,由於害怕國安法,他已逃離香港。他沒有透露自己去了哪裡。





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Chris Buckley is chief China correspondent and has lived in China for most of the past 30 years after growing up in Sydney, Australia. Before joining The Times in 2012, he was a correspondent in Beijing for Reuters. @ChuBailiang
A version of this article appears in print on July 3, 2020, Section A, Page 11 of the New York edition with the headline: New Law Lets China’s Security Agents Operate Openly in Hong Kong. Order Reprints | Today’s Paper | Subscribe

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