雙語社評齊齊聽

[英語 (足本收聽)]

[普通話 (足本收聽)]

THE SAR GOVERNMENT and mainland public security authorities have signed new arrangements on the reciprocal notification mechanism. Time limits have been set for the notifications of various kinds of cases and the scope of cases to be covered has also been widened. In the Causeway Bay Books saga last year, bookstore owner Lee Bo went missing for many months after he had "returned to the mainland using [his] own methods". The government had tried many times to contact the mainland authorities by means of the notification and collaboration mechanism but after a long time it still got no detailed replies. Technically speaking, implementing a new notification mechanism will, to a certain degree, help avoid a communication gap between law enforcement departments of the two sides. But still it may not be enough to dispel Hong Kong people's political doubts. If mainland officers cross the border to enforce laws, even a new mechanism in place would only be futile.

[ENG audio 1]

The notification mechanism established between Hong Kong and the mainland in 2001 has prescribed that the SAR government can obtain detailed information of Hong Kong residents who have been detained for criminal investigation in the mainland. In this way, the government will be able to inform their families as soon as possible and provide appropriate assistance to them. In the last ten or so years, more than fifteen thousand notifications have been made by the mainland authorities to the SAR. However, in the case of the mysterious disappearances related to Causeway Bay Books, the failure to receive notifications from the mainland has given people the feeling that the mechanism has existed in name only. Now the SAR government and the Ministry of Public Security have inked a new deal of arrangements, whose main purposes are to improve transparency, increase the number of notification channels and reduce ambiguity by clarifying the counterpart units for getting connection.

[ENG audio 2]

According to the new arrangements, agencies including public security authorities, state security authorities, customs and anti-smuggling departments or prosecuting authorities are required to notify the SAR of cases of imposing criminal compulsory measures on or instituting criminal proceedings against Hong Kong residents inside the mainland. On the mainland side, the key unit in charge of making notifications has been the Office of Hong Kong , Macao and Taiwan Affairs of the Ministry of Public Security in Beijing. But now the Shanghai Municipal Public Security Bureau is also included as a counterpart unit. Theoretically this can reduce miscommunication. Cases related to anti-terrorism and national security have become notifiable and a set of notification time limits has also been introduced for the first time. After criminal detention by mainland authorities, the agencies concerned should make notification within a period of seven, fourteen or thirty working days depending on the category of the case. They have to state clearly the suspected offence committed by the Hong Kong resident(s) involved, the legal basis and location of the detention. Theoretically this can also help heighten transparency and avoid further circumstances of disclosing ambiguous information.

[ENG audio 3]

The new mechanism will certainly help straighten out the exchange of information between law enforcement agencies of the two sides. However, what remains people's utmost concern is whether or not the mechanism will be "out of order" at critical moments and fail to perform its function in case something politically sensitive has happened.

[ENG audio 4]

The Causeway Bay Books incident has dealt a blow to Hong Kong people's confidence in "one country, two systems". Modifying the notification mechanism can help lessen the chance of matters being handled in a cloak-and dagger manner, but in the eyes of Hong Kong people this is only a side issue. The core of their worry is about mainland officers crossing the border to enforce laws. The relationship between the mainland and Hong Kong is a sensitive issue that needs to be handled with care by both sides. The central government has emphasised ruling the country by law and has guaranteed to keep "one country, two systems" from losing shape or being deformed. Not only should the mainland authorities unequivocally pledge that they will not send their officers across the border to enforce laws, but they should also keep their word. On the other hand, Hong Kong society should also remain rational and calm at all times and differentiate between reasonable worries and self-created suspicions. Only by this can we find the right antidote to the disease and really solve the problem.

[ENG audio 5]

新通報機制理順溝通 跨境執法疑慮未釋除

特區政府與內地公安機關簽署通報機制新安排，就不同種類案件註明通報時限，擴大通報範圍。去年銅鑼灣書店事件，李波「以自己方式返回內地」，多月不知所終，政府多番循通報和協作機制聯絡內地，遲遲未獲告知詳情。新通報機制落實後，從技術層面而言，對避免兩地執法部門出現溝通斷層，相信有一定幫助，然而要釋除港人的政治疑慮，恐怕並不足夠，若有內地人員跨境執法，即使有了新通報機制亦屬徒然。

[PTH audio 1]

2001年，本港與內地建立通報機制，若有港人在內地遭刑事拘留調查，特區政府可以得知具體情况，盡快通知當事人家屬，提供適當協助。過去10多年，內地部門向特區作出超過1.5萬次通報，可是在銅鑼灣書店事件中，通報機制卻有形同虛設之感。今次特區政府與公安部簽署新協議，主要目標是改善透明度，增加通報渠道，將對口單位明確化，減少含糊之處。

[PTH audio 2]

新安排訂明，公安機關、國家安全機關、海關緝私部門和檢察機關，若對身處內地港人採取刑事强制措施又或提出刑事檢控，均需通報，內地主要通報單位是公安部港澳台事務辦公室，並將上海市公安局納入直接對口單位，理論上可以減少溝通混亂；新機制將反恐和國家安全相關案件加入通報範圍，並且首次引入通報時限，內地機關採取刑事行動後，要按照案件類別，在7日、14日或30個工作日內通報，列明涉事港人涉嫌罪名、相關法律依據、刑事拘留地點等資料，理論上亦有助提高透明度，避免再有資料含糊情况。

[PTH audio 3]

新機制對於理順兩地執法部門信息交流，有一定幫助，然而一旦遇上敏感政治事件，機制會否在關鍵時刻「失靈」，未能發揮應有功效，仍然是最令人關心的問題。

[PTH audio 4]

銅鑼灣書店事件挫損了港人對一國兩制的信心，改善通報機制，有助減少「不明不白」情况，然而對港人來說只是枝節，擔心跨境執法才是問題核心。內地與香港關係是敏感課題，需要雙方慎重處理。中央強調要依法治國，確保一國兩制不走樣不變形，內地當局不僅需要明確承諾不會跨境執法，更要說到做到；至於香港社會亦需要時刻保持理智冷靜，將合理憂慮和杯弓蛇影加以區分，有利對症下藥，解決問題。

[PTH audio 5]

明報社評2017.12.15

Presented by lecturers of Hong Kong Community College, PolyU and The Hong Kong Polytechnic University

Ms CHENG, Joyce Yu-ting

Lecturer

www.hkcc-polyu.edu.hk/staff_directory/language_communication/CHENG,_Joyce_Yu-ting-85.html

冒晟

講師

www.hkcc-polyu.edu.hk/staff_directory/language_communication/MAO,_Michelle_Sheng-352.html

【Bilingual Editorial】