|Chairman McGovern, Co-Chairman Rubio, and Members of the Commission,||麦克高文主席，鲁比奥联席主席，各位委员会成员|
|thank you for this hearing opportunity. It is an honor for me to stand in solidarity with the frontline activists. I want to thank the Commission members for their critical support for the Hong Kong people and leadership on the Hong Kong Human Rights and Democracy Act and the Protect Hong Kong Act.
|Over the past three months, the whole world has witnessed a historic David and Goliath standoff. Against all odds, the Hong Kong people are standing up to the powerful, authoritarian regime in Beijing. In this historic battle, they are not only fighting for the democratic future of 7.4 million Hong Kong people, but they also holding the regional and global frontline on preserving human dignity and rights for all people.
|The past “summer of discontent” is in fact part of years of ongoing resistance by Hong Kong people against Beijing’s encroachment on Hong Kong’s autonomy, rights, and freedoms. This peaceful resistance has included mass demonstrations against the proposed Article 23 security legislation (2003), against official brainwashing of the so-called patriotic education (2012), and against the gutting of promises of genuine universal suffrage (2014). After the clearance of the Occupy Central sites in December 2014, democracy activists left a promise inscribed on the concrete sidewalks – We will return. They have kept that promise.
||香港人多年来一直反对北京侵犯香港自治、权利和自由，而这个「躁动的夏天」实际上是这场抵抗运动的一部分。这种和平抵抗包括反对拟议的第23条安全立法（2003年）的大规模示威活动；反对官方洗脑的所谓爱国主义教育（2012年）；以及反对北京不守承诺，扼杀实现真普选（2014年）。在2014年12月占领中环结束时，民主人士们在人行道上刻下了一句承诺 - 我们会再归来。他们信守了这一承诺。
|Instead of Beijing’s hoped for movement fatigue, the protests are moving into the 15th week pressing for now five non-negotiable demands, supported by unflagging solidarity and broad participation of diverse sectors of Hong Kong society. The out-of-control lawless actions of the Hong Kong police have only provided mobilization fuel for Hong Kong people to “add oil.”
|As Chairman Mao said: “Whereever there is suppression, there will be resistance!”
The Communist Party of China leadership understands and fears this, as highlighted by Xi Jinping’s ramped up invocation of Cultural Revolution “struggle” (douzheng 斗争) terminology.
|What actions can the international community and, specifically the U.S. government, take to further support Hong Kong people in what will clearly be a long struggle?
|We need to first address the tensions that were baked into the One Country, Two Systems framework, perhaps making One Country into One System an inevitable outcome. Taiwan’s President Tsai Ing-wen’s takeaway from the current political crisis in Hong Kong hits the nail on the head—not only is One Country, Two Systems not a viable model for Taiwan, but the Hong Kong example proves that dictatorship and democracy cannot co-exist.
|Rule of law and why it matters||法治及其重要性|
|An independent functioning rule of law is essential to protecting rights and preserving Hong Kong’s promised autonomy. However, glaring rule of law deficits in the mainland “rule the country by law” approach (aside from the obvious fact it is not a rule of law) have implications for Hong Kong’s rule of law.
|• First, the mainland Chinese state Constitution and numerous high-level policy pronouncements legitimize the principle that subordinates law to the leadership of the Party. Anyone who challenges or is perceived to challenge the Party’s leadership or disagrees with its policies or criticizes “Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era” (now also enshrined in the state Constitution) runs the risk of criminal prosecution, including for inciting subversion or subversion of state power that carry potential heavy prison sentences. The reintroduction of Article 23 security legislation in Hong Kong will inevitably carry the imprints of the Party’s concept of national security.
|Notwithstanding the fact that independence is clearly not one of the five demands of the protests, Beijing’s invocation of terrorism, splittism, and separatism (China’s “three evils’ approach”) is also building a foundation for the reintroduction of Article 23 security legislation.
|• Second, the demand for complete loyalty to the Party from not only Party members, but also from judges, lawyers, teachers, media workers, and every sector of society, guts the independence of the legal profession and media, —two key pillars for ensuring a rule of law. But Hong Kong is not the mainland—yet. Despite efforts like the proposed Hong Kong national anthem law and forced loyalty requirements, loyalty, pride, and love cannot be legislated.
|• Third, the Party has expanded its control beyond the administrative branch (where Party committees are already installed in government organs at all levels) to the legislative and judicial organs. Most recently, on September 10, 2019, a Central Inspection Group of the Party announced that in addition to its inspection tours of the Supreme People’s Court, Supreme People’s Procuratorate, and Ministry of Justice, it would also work inside the SPC, SPP, and MOJ for two months. Party control of Hong Kong via the Macao Hong Kong Liasion offices is now more direct and public.
|It is not surprising then that Hong Kong people, foreign business and the international community were alarmed by the prospect of being subjected to such a “rule the country by law” system—one also marked by rights violations including torture and abuse in detention, forced disappearance, televised confessions, and criminalization of and crackdowns on legitimate exercise of rights.
|In addition, developments in Hong Kong have contributed to undermining its long- established rule of law and eroding public faith and confidence in the government, the legal system, and law enforcement, including:
|• Selective arrests and politicized prosecution of protesters, high profile democracy activists, and legislators, and the imposition of disproportionately heavier sentences related to misuse and application of the Public Order Ordinance.
|• Police acting with impunity trampling on rights to peaceful assembly, expression and freedom from torture, ill-treatment or abuse. Police misconduct includes use of excessive force in violation of international standards, refusal to show ID cards or other official identification, and increasing reports of torture, abuse, or delay in providing medical attention and restriction to access to lawyers. We see evidence of this impunity every day, in video after video.
|• The use of “decoy” undercover police disguised as protestors (initially denied by the authorities), to conduct surveillance, sow distrust, and then participate in crowd control actions and conducting arrests.
|• Concerns regarding the role of mainland police and security forces in cooperation with the Hong Kong police: For example, in August 2018, the People’s Daily announced the establishment of the Greater Bay Area Police Cooperation Mechanism, among Guangdong, Hong Kong, and Macao. Part of or related to this mechanism, the Guangdong’s Public Security Department (gongan ting公安厅）has conducted training of key Hong Kong police personnel in Guangdong.
|• Concerns regarding potential infiltration by or use of mainland security or police forces on Hong Kong territory have also been generated by contested videos and reports of use of putonghua or phrases not commonly used by Hong Kong people such as comrade (tongzhi, 同志) and mismatches between a visible police badge belonging to a female officer worn by a male officer.
|• The Notice of No Objection has granted the police the legal tool to clamp down on any peaceful protests. Therefore, Hong Kongers face the ridiculous situation where the police can deny application for a letter of no objection filed by a group for a peaceful assembly to protest police violence. More importantly, this misuse of the procedure undermines the right to peaceful assembly under international standards by imposing unduly restrictive administrative requirements on the exercise of the right.
|Instead of addressing the rampant police violence and misconduct and misuse of law that is fueling public anger and protests, the Chief Executive has maintained a hard-line echoing Beijing’s law and order rhetoric and economic priorities. She has refused to establish an independent commission of inquiry as demanded by the protesters and in fact recommended by the UN Human Rights Committee in 2013 in addition to its recommendation that there be training for the police. Instead, she is relying on a toothless IPCC fact-finding study exercise, that is woefully inadequate in terms of independence, credibility and even competency.
|Why the UN and international human rights standards must be defended||为甚么必须捍卫联合国和国际人权标准|
|China’s aggressive activism at the UN is undermining international standards, weakening existing human rights mechanisms and processes, and restricting the participation of independent civil society voices. This cuts Hong Kong people (as well as human rights defenders in mainland China, and Tibetan and Uyghur communities) from the key international platform available to press for accountability for human rights abuses by China. Instead of the West’s hoped-for convergence, China is not only not playing by the rules; it is also vocally and persistently asserting a set of relativist criteria that it alone can unilaterally apply. A Chinese official stated at conclusion of China’s 2013 UPR: “What I want to emphasize is that whether the shoes fit, only the person knows. On the human rights situation of China, the people who are most qualified to speak are the people of China.”
|In addition to its disinformation campaign, including the egregious use by China Daily on 9/11 of a photo depicting the destruction of the World Trade Towers to warn of terrorist attack by Hong Kong protesters, Beijing is advancing a narrative of violence to frame the Hong Kong protests that is echoed uncritically by international community. Within this frame, the Hong Kong police, protected in full tactical gear, armed with rubber bullets, guns, tear gas, pepper spray, and batons, wielding the coercive power of the state is presented as one “side” of escalating violent clashes with civilian protesters. Hence calls for “both sides” to de-escalate that deflects attention away from police accountability for its excessive use of force in violation of international standards, and its complicity with non-state violence, such as the triad-related attacks in Yuen Long.
|More importantly, the narrow violence narrative framing of the situation on the ground is erasing or marginalizing (intentionally) the proliferation of diverse creative and peaceful protest actions by Hong Kong people such as:
|• Students are participating in class-boycott actions, forming a “human chain” of joined hands, shouting slogans across different campuses, and singing “Do You hear the People sing” during opening ceremony for the academic year when the Chinese national anthem was played. The motto of the school is “Live to Learn, Learn to Live.”
||学生们正在参与集体抵制行动，形成一个联手的「人链」，在不同的校园里喊口号，并在中国国歌演奏的学年开幕式上唱「Do You hear the People sing」。该校校训是「生命在于学习，学会生活」。
|• Elderly citizens—“silver-hair” volunteers—have organized “protect the children” actions or marched to support younger protesters.
|• Hong Kong people of all ages and backgrounds sing together in malls, streets, metro stations, in neighborhood gatherings,“Glory to Hong Kong,” all shared on proliferating viral videos. And Christians sing “Sing Hallelujah to the Lord” during marches and assemblies.
||所有年龄和背景的香港人在商场、街道、地铁站、邻里聚集，一起高唱「愿荣光归香港」，大家将各种视频扩散开。在游行和集会期间，基督徒唱Sing Hallelujah to the Lord。|
|• A young child leads a call and response —香港人，加油 (Hong Kong people, add oil!) —from a flyover as the stream of marchers pass below.
||一个小孩从天桥上带领大家向桥下的游行队伍叫口号 - 香港人，加油！|
|• Since August, tenants in Hong Kong’s residential estates shout out their windows every night at 10 p.m. protests slogans with calls and responses echoing across different neighborhoods in Hong Kong.
|• During the “Hong Kong Way” human chain formed by over 200,000 people stretching over 60 km (37 miles) across the city on August 23, citizens climbed up to the iconic Lion Rock, their cellphones forming an unending line of light in the dark night.
|• Since late June, Lennon Walls have appeared all over Hong Kong, in almost every district, and also in communities globally, including Japan, Canada, U.S., U.K., and Australia.
|• Last Friday was Mid- Autumn Festival: A bakery shop in Sai Wan made mooncakes with protest slogans in support of Hong Kong citizens and anti-extradition movement.
|• In typical creative humorous Hong Kong fashion, Hong Kongers are creating art, such as miniature figurines of protesters, with a life-like accurate details or a Hong Kong version of a Goddess of Democracy.
|This is what is happening on the ground. Hong Kong people are practicing democracy and exercising their freedoms for as long as possible. Hong Kongers are making the road by walking it. That is the real revolution already underway.
|Thank you again for convening this hearing. I look forward to your questions.||