美國國務院2015年各國人權報告

美國國務院2015年各國人權報告



美國國務院周三發表2015年各國人權報告，批評中國打壓維權律師，亦提到香港銅鑼灣書店事件。

報告指中國的壓制和脅迫情況明顯增加，數以百計律師遭到問話、調查甚至在未被起訴情況下遭關押在秘密地點數個月，並不准見律師和家屬。

報告又批評香港銅鑼灣書店五名股東及員工被失蹤事件，指事件相信是中國公安所為。
報告中有關香港的部份，指香港最重大的人權問題是市民透過自由公平選舉參政及改變政府的能力有限、新聞和言論自由受限制、學術自由受到關注等。

報告提及香港銅鑼灣書店五名股東及員工被失蹤事件，指事件相信是中國公安所為。報告亦提到香港大學校委會否決陳文敏出任副校長，是港大首次拒絕物色委員會推薦的人選。

另外，報告指去年一些壓制性政府採取打壓手段，加上極端分子肆虐，令全球人權受到的保障減弱。報告除了重點批評中國、北韓、古巴、伊朗外，亦特別批評過去一年實施專制手段的國家，如俄羅斯、盧旺達、剛果、委內瑞拉、阿塞拜疆、烏干達、埃及、越南等。

報告亦譴責伊斯蘭國、博科聖地、青年黨、塔利班等極端組織殘踏人權。


Hong Kong Policy Act Report


Report
BUREAU OF EAST ASIAN AND PACIFIC AFFAIRS
April 10, 2015


In 1993 and annually from 1995 through 2007, the Department of State submitted reports to Congress, pursuant to the Hong Kong Policy Act of 1992, as amended (the Act). This report responds to the requirement in the House explanatory report 113-499 accompanying H.R. 5013, the State, Foreign Operations, and Related Programs Appropriations Bill, FY2015. The following highlights key developments since June 2007.

Summary

The United States has considerable and longstanding interests in Hong Kong. Cooperation between the United States Government and the Hong Kong Government (HKG) remains broad, highly effective, and mutually beneficial. Our relationship with Hong Kong is based on the framework of “one country, two systems,” enshrined in Hong Hong’s Basic Law, which serves as a virtual (or de facto) constitution. Under this system, Hong Kong exercises autonomy in all areas except foreign policy and defense affairs. Hong Kong participates actively and independently in a range of multilateral organizations and agreements such as Asia-Pacific Economic Cooperation (APEC) and the World Trade Organization (WTO), with trade policy objectives that generally align with our own, and is recognized as a separate customs territory by the United States.

There are more than a dozen U.S.-Hong Kong agreements currently in force. Our day-to-day bilateral law enforcement cooperation is on par with many of our closest allies. Hong Kong’s strong traditions of rule of law, low levels of corruption, and high levels of public safety make it a preferred choice for American businesses in the region. The United States enjoys diverse cultural, educational, scientific, and academic exchanges with the people and Government of Hong Kong.

Hong Kong maintains a comprehensive strategic trade controls system that follows multilateral export control regimes, and our governments work closely together to maintain and strengthen measures to prevent illegal diversion of controlled items. Since 2007, the United States and Hong Kong have signed three bilateral agreements, including two in 2014. There were no suspensions under section 204(a), terminations under section 204(d), or determinations under section 201(b) of the Act during the period covered by this report.

Since the issuance of the last report in 2007, Hong Kong has maintained a high degree of autonomy under the “one country, two systems” model sufficient to justify continued special treatment by the United States for bilateral agreements and programs. Since 2007, the people of Hong Kong, the HKG, and the Central Government have vigorously debated the nature, scope, and pace of democratic and electoral reforms.

U.S. - Hong Kong Relations

The United States has a long history of positive bilateral relations with Hong Kong and is committed to its stability, prosperity and continued success as an international trade and financial center. We also have long supported democratic development in Hong Kong in accordance with the Basic Law. The United States and Hong Kong share many values, including respect for rule of law and for civil liberties. U.S. interests are enhanced by Hong Kong's continued autonomy, stability, and prosperity; protection of civil liberties; and the preservation of Hong Kong's respect for the rule of law under “one country, two systems.”

There are more than 1,300 U.S. businesses operating in Hong Kong, drawn in part by Hong Kong’s openness, transparency, and strong rule of law. Hong Kong is home to an estimated 65,000 U.S. citizens, and more than one million U.S. citizens visited or transited Hong Kong in 2014. It is America’s 9th-largest export market for manufactured goods and it is 6th-largest for total agricultural exports, including 1st for tree nuts, 4th for beef products, and 4th for wine. The United States is Hong Kong’s second largest trading partner after mainland China.

The United States and Hong Kong have developed a robust law enforcement relationship – including export control, counterterrorism, counter-proliferation, anti-money laundering, counter-narcotics, and anti-corruption – in which Hong Kong works with the United States to protect our shared security interests. In each of the past three years, an average of 13 U.S. Navy ships per year made port calls in Hong Kong. U.S. educational institutions and Hong Kong counterparts hold extensive regular exchanges, including short-term visits by U.S. faculty, summer programs for students, and multi-year exchanges of faculty and staff. Hong Kong is among the largest per capita sources of students who travel to the United States for study.

In June 2013, the United States Government pursued assistance from the HKG in apprehending Edward Snowden based on a U.S. arrest warrant. Mr. Snowden was nonetheless permitted to depart Hong Kong on June 23. While Hong Kong continues to honor its mutual legal assistance treaty obligations in the vast majority of requests, the incident strained our relations with Hong Kong and, due to its intersection with issues related to foreign affairs and security, revealed a limit to Hong Kong’s autonomy in law enforcement cooperation.

Electoral Reform

On June 10, 2014, China’s State Council released a first-ever “White Paper” on its Hong Kong policy. The paper stressed Beijing’s “comprehensive jurisdiction” over the SAR and indicated that Hong Kong must be governed by “patriots,” including the Chief Executive. Hong Kong’s legal sector found fault with the White Paper’s description of judges as “administrators” within the HKG, rather than as members of an independent, judicial branch with a duty to interpret the law of the SAR.

The “White Paper” was issued at a particularly sensitive time, following an initial round of public consultations to discuss the implementation of universal suffrage for the 2017 Chief Executive election. The debate surrounding the 2017 election began in 2007 when the National People’s Congress Standing Committee (NPCSC) determined that the election of Hong Kong’s Chief Executive “may be implemented by the method of universal suffrage” in 2017 and that Hong Kong may elect the Legislative Council by universal suffrage beginning in 2020. Hong Kong’s Basic Law states the "ultimate aim" of political development is election by universal suffrage of the Chief Executive and the Legislative Council (LegCo). Currently 40 of 70 LegCo members are directly elected, while the Chief Executive is selected by a 1,200-person Election Committee dominated by members traditionally seen as pro-Beijing.

Following the initial round of public consultations, the HKG in July 2014 submitted a report to Beijing stating that “mainstream opinion” in Hong Kong supported a nomination process restricted to a nominating committee based on the election committee used for previous Chief Executive elections. This statement was dismissed by pro-democracy advocates. On August 31, 2014, the NPCSC issued a decision allowing universal suffrage for the 2017 election, but with a strict limit on the number of candidates and a strict 50 percent threshold of support needed from the nominating committee to become a candidate. The NPCSC decision also reiterated that the Chief Executive must be a person who “loves the country and loves Hong Kong.”

Demonstrations against the NPCSC decision on universal suffrage took place throughout September 2014. On September 28, 2014, following a week of student protests and the detention by police of a group of student leaders who had entered restricted grounds outside the HKG headquarters, police used tear gas in an attempt to disperse a steadily growing crowd gathered in areas around the HKG headquarters and Legislative Council. This marked the beginning of mostly peaceful protests that occupied key commercial and transportation centers in Hong Kong for 79 days. Police announced the arrest of 955 persons for committing various offences related to the protests, although most were released without charge. According to the Hong Kong government, 130 police officers were injured, and 221 protesters received medical treatment.

Efforts by pro-Beijing Chinese media in Hong Kong and state-controlled media in mainland China to paint the protests as the result of interference by “foreign forces,” primarily the United States, contributed to an increasingly polarized political atmosphere and a chilling of freedom of expression contrary to Hong Kong’s traditional spirit of openness to the global community.

While it may be that the NPCSC’s decision conformed to the requirements of the Basic Law in the literal sense, it was criticized by many in Hong Kong as violating the SAR’s commitments under the International Covenant on Civil and Political Rights (ICCPR) and as effectively blocking non-establishment candidates from competing in the election for Chief Executive. The United States has called for the conduct of a multi-candidate competitive election for Chief Executive in 2017, which would enhance the legitimacy of Hong Kong’s Chief Executive, would be a major step forward in Hong Kong’s political development and would bolster Hong Kong’s stability and prosperity.

Developments in Media Freedom

Hong Kong news outlets regularly publish a wide variety of reports and opinions, including articles critical of the Central and Hong Kong Governments. Hong Kong’s netizens can freely access web sites, including those blocked in the Mainland. However, concerns over constrictions of Hong Kong’s press freedoms have grown in recent years, including increasing reports of self-censorship regarding issues deemed sensitive by the Central Government. The Hong Kong Journalists Association said in a July 2014 report that the past year had been “the darkest for press freedom” in several decades. Since 2010, Hong Kong has dropped 27 places, to 61st, in the Reporters Without Borders ranking of press freedoms. Chief among these concerns has been a series of still-unsolved violent assaults on journalists. Some media companies have also drawn criticism for firing journalists critical of the Central Government. Pro-democracy media outlets reportedly experienced a sharp increase in cyber-attacks.

Export Controls

The United States enjoys excellent cooperation with Hong Kong counterparts on strategic trade control and counter-proliferation initiatives. The HKG actively implements relevant United Nations Security Council resolutions and acts quickly to detain and investigate suspect shipments. As part of a longstanding dialogue on strategic trade controls, the U.S. and Hong Kong have held joint seminars for industry groups and published due diligence guidance to raise industry awareness about the risks inherent in transshipment. On December 23, 2014, the Department of Commerce’s Bureau of Industry and Security amended the Export Administration Regulations to expand license requirements for exports and re-exports to Hong Kong of items controlled for national security reasons (see 79 FR 76867). This change better aligns U.S. export license requirements with Hong Kong import license requirements.

Bilateral Agreements and Multilateral Forums

Hong Kong continues to participate actively and independently in a range of multi-lateral forums, including the WTO, APEC, and the Financial Action Task Force. In 2009, the United States and Hong Kong entered into a protocol on scientific cooperation in the earth sciences. In 2014, Hong Kong signed a Tax Information Exchange Agreement with the United States, along with an Inter-Governmental Agreement to facilitate implementation of the Foreign Account Tax Compliance Act. Additionally, there are more than a dozen U.S.-Hong Kong bilateral agreements currently in force. While these have generally functioned very well, the HKG has effectively suspended the transfer of American prisoners to the United States since November 2012, stating it needed more time to review cases. Additionally, Hong Kong’s legal requirement for "sovereign assent" by the Central Government to some forms of international liaison hindered timely cooperation and in some instances resulted in denial of cooperation.

Treatment Under Hong Kong Policy Act

There were no suspensions under section 204(a), terminations under section 204(d), or determinations under section 201(b) of the United States-Hong Kong Policy Act of 1992, as amended, during the period covered by this report.




回應美國人權報告
港府：政改屬內部事務不應干預

【HKG訊】中美戰略與經濟對話結束後，美國國務院即時發表年度人權報告，指香港新聞自由受到限制，以及港人通過選舉參與和改變政府的能力亦有限。特區政府發言人回應有關報告時重申，政制發展屬於國家內部事務，外國政府應尊重這個原則，不應以任何形式作出干預。報告同時亦批評中國的人權狀況。

港府發表聲明指，特區政府進行了兩輪公眾諮詢後，向立法會提出合憲、合法、合情、合理的普選方案，惟最終被立法會否決。聲明又指，港人享有集會、遊行和示威的權利，警方便利合法、和平的公眾集會，同時，亦絕不容忍任何違法或暴力行為，港人表達訴求時應守法。

港府發言人強調港府十分重視新聞自由和言論自由，會繼續致力維護這些重要的核心價值。


回應美國人權報告
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　　就美國國務院二○一五年度人權報告中對香港特別行政區（香港特區）的評論，香港特區政府發言人今日（四月十四日）回應傳媒查詢時表示：

失蹤人口案件
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　　自回歸以來，香港特區政府一直嚴格按照「一國兩制」的原則及《基本法》處理香港特區的事務。根據香港法律，香港以外的執法機關在香港無權執法。除在法律准許的情況下，我們不能容許任何人或任何機構進行未獲授權的執法行動。所有香港境外的執法人員如果在香港執法，是違反香港法律的。

新聞及言論自由
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　　政府堅決維護言論自由和新聞自由。這些自由是受到《基本法》及《香港人權法案條例》保障的基本權利。我們支持新聞工作編輯自主的原則，亦不會容忍任何不論是否針對傳媒的暴力行為。

學術自由
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　　學術自由是香港一直推崇的重要社會價值，受《基本法》所保障，更是香港高等教育界賴以成功的基石。香港特區政府一直致力維護學術自由及院校自主。

　　八所大學教育資助委員會（教資會）資助院校均為獨立自主的法定機構。這些院校有各自的條例及規程，載述其成立宗旨、職能和管治架構。法例訂明院校所享的權力和自由，以履行其成立宗旨和職能。此外，教資會亦保障學術自由及院校自主。事實上，教資會的《程序便覽》已明確界定教資會、政府及各院校在高等教育界的角色。其中，《程序便覽》臚列院校自主的主要範圍，包括甄選教職員、甄選學生、控制課程和學術水準、接納研究項目，以及在院校內分配資金。

　　就香港大學（港大）委任副校長一事，港大是法定機構，其條例及規程訂明，副校長一職由校務委員會按其訂明的條款和條件委出，政府在這事宜上並無任何角色。

非華語學生學習中文
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　　政府在二○一四年公布一系列措施加強對少數族裔的支援，包括進一步支援非華語學生學習中文。由二○一四／一五學年開始，政府已每年預留約二億元的撥款，進一步加強支援非華語學生學習中文，包括在中小學實施「中國語文課程第二語言學習架構」及建構共融校園。同時，我們為教師提供專業培訓及學習材料，幫助非華語學生解決學習中文作為第二語言的困難。此外，在高中階段提供應用學習中文（非華語學生適用）課程，提供額外途徑讓非華語學生獲取中文資歷，提高日後升學和就業的能力。

　　我們重申，香港特區政府一直按照《基本法》及《香港人權法案條例》保障香港市民的各種權利。外國政府不應干預香港特區的內部事務。
完

２０１６年４月１４日（星期四）
香港時間１２時４８分