709 阿桑奇與黎智英

法律是甚麼? 法律是一種由規則組成的體系，由國家的強制力保證實施，從而規範個人行為。在不同的地方，法律體系會以不同的方式來闡述人們的法律權利與義務。於三權分立的澳洲民主社會, 法律由人民選出來的代表制訂, 由執政的政府執行, 並由獨立的司法人員作出審理判決。在歷史中的專制國家, 法律卻是由統治者隨意訂出, 變成統治者管理人民的工具, 要求人民對管治者絕對服從的工具。

漢高祖劉邦的「約法三章」：「殺人者死，傷人及盜抵罪」相信是中華民族專制管治者最早及最簡單的法規。其後各朝的法律, 都是說明犯了甚麼行為的罪, 該受哪種刑罰, 並不重視人民權利, 亦無司法獨立的概念。可以說, 中華文化之中, 法律從來都只是統治者控制人民行為的工具, 目的並不是保障人民權利。

西方民主社會由於管治者要向人民負責, 法規就由人民代表所制定, 執行法律者亦獨立於政府以外。法律也用來約束政府, 保障公民權利, 並嚴格禁止政府濫用權力, 成為專制及極權社會, 控制人民。

維基解密創辦人阿桑奇以社會公眾利益為理由, 以違法方式來取得及發佈全世界不同國家政府不義的行為, 2010年被美國政府起訴及要求引渡。14 年來, 阿桑奇以美國憲法第一修正案給媒體的保護來辯解維基解密並非違法。在一週多前與美國政府達成共識, 以承認間諜法中收集、發佈及公開國防訊息被控, 並被判處已在英國監獄時間為刑期, 即時獲得釋放, 並回到澳洲。

澳洲總理阿爾巴尼斯促成了這一個協議,在執政、執法及司法系統都能接受下, 令到被全球大多數人認為是保障人權而受美國政府迫害的阿桑奇, 可以成為自由的人, 是值得讚賞和肯定的。當然, 仍有人相信傳媒監督政府的權力未受到尊重, 因為阿桑奇承認了控罪。

比起今天在香港監獄囚禁了超過3年仍未曾有判決的《蘋果日報》出版人黎智英及不少以發表不同香港政府言論而入獄人仕, 分別只是在於法律到底是重視保護人民權利及社會上不同群體的利益,  還是法律被政權利用為控制人民的工具。

要記得, 中華民族數千年來, 都沒有要求有公開、透明及公平的法律來保謢個人權利, 而是盼望有敢於堅持正義的官員, 能在極權者容許下, 改正濫權枉法的官員的不法行為吧。

周偉文 社長

What is ‘law’? It is a system of rules made mandatory by the government to confine personal acts. Legal systems in different places could be implemented in different forms for human right and responsibility. In the democratic society of Australia where we have separation of powers, laws are made by public elected authority, executed by the government while independent judiciary would do the trial and sentence. In totalitarian countries throughout history, laws however were there merely according to the wishful decision of the rulers who make use of laws to have their full control of the people.

Han Gaozu Liu Bang’s Chapter 3 of the Constitution said  “murderers were punished by death,  injuries and thefts were punished according to the crime…” could be the first set of laws imposed by the Chinese nation practicing autocratic governance. Subsequent laws in the different dynasties only covered what crimes would entail what punishment but with no concern on people’s right nor on judiciary independency. In another words, all along Chinese laws have been tools for the rulers to rule the people with no regard to the protection of their human rights.

In western democratic societies because rulers are accountable to the public so laws are made by people representatives and the judiciary would be independent of the government. Laws are also made to govern the government, to protect human right, as well as to guard the government from abusing power in its autocratic ruling on people.

WikiLeaks founder Julian Assange, citing public interest, obtained and published acts of injustice by various governments around the world through illegal means. He was indicted by the US government in 2010 and faced extradition requests. For 14 years, Assange defended WikiLeaks under the protection of the First Amendment of the US Constitution, arguing it was not illegal. Recently, he reached an agreement with the US government, acknowledging charges related to espionage laws concerning the collection, publication, and dissemination of national defense information. He was sentenced to time served in a UK prison and immediately released to return to Australia over a week ago.

It is good to see Australian PM Albanese have managed to reach a compromise workable under the government, law enforcement and legal systems whereby Assange, a law breaker meant to uphold human right thus being persecuted by the US, was freed. But there are noises that media monitoring on government’s abuse of power was failing as he pleaded guilty.

In comparing with Apple Daily publisher Jimmy Lai who has been jailed for over 3 years but yet to be sentenced in Hong Kong, and the others in similar situation for their anti-government voices, we can see the difference between laws being on the side of protecting human right and various interests of the society as against being used as a tool of the authority to control people.

Noting that for several thousands of years Chinese has never been asking for an open, transparent and fair legal system in the interest of human right, but just in the hope that there are some in power who, as far as monocratic ruling permits, can pursue righteousness against those exploiting the legal system.

Mr. Raymond Chow, Publisher