Wei Jingsheng Foundation News and Article Release Issue: A852-W546

魏京生基金会新闻与文章发布号： A852-W546

Release Date: November 30, 2014

发布日：2014年11月30日

Topic: It Is a Victory When People in Hong Kong Carry On -- Wei Jingsheng

标题：香港人民不退场就是胜利 -- 魏京生

Original Language Version: Chinese (Chinese version at the end)

此号以中文为准（英文在前，中文在后）

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It Is a Victory When People in Hong Kong Carry On

-- Wei Jingsheng

Today, on the 25th of November, 2014, people who were fighting for universal suffrage in Hong Kong were removed. The police used pepper spray (including tear gas) to force people to retreat. Leung Chun Ying, the Chief Executive of the Hong Kong Special Administrative Region, supported by Xi Jinping, claimed that was the rule of law, that the police was carrying out law enforcement with the court's ruling.

What is the modern legal system? First, it is a legal system of separation of powers. Since there is a separation of powers, the courts cannot interfere with the legislative and law enforcement; that is politics. That is because both the legislative and law enforcement agencies are elected, are directly legitimate institutions, while the judges are appointed according to certain procedures by legitimate institutions. The court is only an indirect legitimate institution and a limited arbitration body. It is illegal for it to interfere with politics directly.

Secondly, although the elections in Hong Kong are slightly better than those on Mainland China, they still do not really represent the people. In comparison with Xi Jinping's "to rule the country according to (the Communists') law", it is the difference between 50 steps backwards and 100 steps backwards (as in the Chinese legend story) without essential differences. When the people in Hong Kong demanded genuine universal suffrage to assert their fundamental rights, it was the semi-legal court that came forward to intervene, to prevent the exercise of the people's legitimate rights. This is a serious offense; it is knowingly breaking the law.

Thirdly, is it illegal for people who strive for universal suffrage to occupy the streets? No. That is because whether in ancient or modern times, it is considered legitimate for people to express their wishes. In particular in modern times we recognize that law itself is derived from the people. Besides the people having rights to elect representatives who express their wishes, they also have the right to direct express their own will. Moreover, they are simply demanding respect for the right to vote, which is not illegal. Otherwise, that law enforcement is illegal. The police and court in Hong Kong using violence to disperse the people is illegal.

During the British rule, the people of Hong Kong developed a good habit of compliance with law, to the extreme. So when the court declared it was illegal, they thought it as illegal, to the degree that some older man of "Occupy Central" tearfully admitted himself as illegal, even tragically stated that he would go surrender. This reaction is really thoroughly muddle minded -- he forgot that his original action was exactly to claim his rights that have been violated, the very rights that even the court does not have the right to deprive.

According to the prevailing practice of mankind, when people's basic rights have been violated, the people have the right to regain their rights with any means. Petitioning through occupying streets is the mildest exercise of their rights. Gun rights defined by the US Constitution are such kind of collective rights of self-defense. These articles are made based on very basic human rights. This is called natural law, not to be assigned by the people, nor changed by the people.

Now, some people there are inciting a so-called "retreat mechanism" in Hong Kong. This protest has been the most gentle one and where is there to retreat to? It is the Communist Party that is violating the Basic Law of Hong Kong that should retreat, while the people in Hong Kong have no way to retreat. Another step of retreat will lead to that kind of abyss suffered by the people in Mainland China in the past 65 years. In the name of strategy, to suggest the Hong Kong people to retreat at this time is to frame with a sinister smile.

People usually are more shortsighted, and sometimes very confused, to the degree that they could be fooled by crafty politicians and forget their true interests. The Communist Party in China is this kind of real cunning politician. It keeps repeating the so-called poll containing what percentage of people are against "Occupying Central", but does not reveal the percentage of people who are against the true universal suffrage. Why? The Communist regime does not dare to say it. That is because most people in Hong Kong do support real elections and oppose faked elections, which is true dictatorship. Taking people's shortsightedness and confused mind as its advantage, the Communist Party is fooling the people in the excuse of strategy.

So what should be the strategy in this situation of no way to retreat? It should be standing firm without a retreat -- even one step of retreat will result a fall into the deep abyss. This is the lesson we should learn from the failure of the people in Mainland China in 1989. The people in Hong Kong should not learn from Zhao Ziyang and the students in 1989. It will be bloody regardless retreat or not. The wolf will always eat the lamb. So the only way for the lamb is to stick its horns at the wolf for a desperate fight. Then it might be able to win a chance of survival.

The people of Hong Kong should not think that after this removal, the Communist Party would only punish the leaders and leave the average people alone. Look at what has happened after the June 4 Massacre in 1989. After the removal of the students in Tiananmen Square, there was a nationwide manhunt, which was followed with examining everyone carefully, and then a big setback for the whole country until now which has been a step by step backwards towards the Cultural Revolution period. The people already had no way to retreat.

The leaders have even less room to retreat. They should not show timidness and become a vampire to help the evil. Do not be afraid of the Communist jails. You will be responsible for what you did, as heroes should be. Should you regret now, why did you bother with the past actions? After all, there is no way to retreat and one should not daydream about the benevolence of the Communist regime giving special treatment to the traitors who surrendered. Just look at what happened to the student leaders of 1989, and do not bother with the illusions.

Why should one be afraid of a jail sentence? Before I was put on trial in 1979, both Ye Jianying and Hu Yaobang warned that the Communist Party should not make a hero and idol for the opposition of the people. Where there is some idol to follow, there will be a continuity of heroes and leaders from the people, one wave after another. Throughout the 1980's, this truth was proven true.

Although you may suffer in prison physically, your career can continue to expand outside the prison. For the eighteen years jail time I spent, I do not think it as a pain. I had confidence with joy. So what do you have to be afraid of? Afraid of being heroes? This psychology would be terrible. What is a cultural desert? When everyone does not dare to be the birds who streach their heads out, they become a group of egg-laying hens instead. Even hens know that in order to protect their baby chickens, they must fight against the eagles. If you do not dare to have this desperate fight for the happiness of your future generations, then you are no better than chickens.

Instead, now is the time for you to learn from the Beijing residents who had the desperate fight with the Communist army, after the students retreated after the June 4 Massacre in 1989. They are the backbone of the Chinese nation, even though many took death as glorious. They won ration and faith for the people, with their own lives and blood. Unfortunately, the democracy movement of 1989 was not continued when all the leaders were in full retreat from the situation. What people in Hong Kong should do now is to stop the retreat by these weak leaders -- to support their foothold without retreat.

Even if Xi Jinping has the courage of Deng Xiaoping, he does not have Deng's strength. If Xi learned from Deng Xiaoping to clear the area with force, then to resign with an apology, he would not have an easy exit. There are many wolves in the back waiting to make a meal of him. We will see to believe.

To hear Mr. Wei Jingsheng's related commentary, please visit:

http://www.weijingsheng.org/RFA/RFA2014/WeiJS141125onHKpersistance.mp3

(Written and recorded on November 25, 2014. Broadcasted by Radio Free Asia.)

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中文版

Wei Jingsheng Foundation News and Article Release Issue: A852-W546

魏京生基金会新闻与文章发布号： A852-W546

Release Date: November 30, 2014

发布日：2014年11月30日

Topic: It Is a Victory When People in Hong Kong Carry On -- Wei Jingsheng

标题：香港人民不退场就是胜利 -- 魏京生

Original Language Version: Chinese (Chinese version at the end)

此号以中文为准（英文在前，中文在后）

如有中文乱码问题，请与我们联系或访问:

http://www.weijingsheng.org/report/report2014/report2014-11/WeiJS141130onHKpersistanceA852-W546.htm

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香港人民不退场就是胜利

-- 魏京生

今天25号，香港争普选的民众遭到了清场。警方使用了比辣椒水更厉害的催泪水，迫使民众不得不后退。习近平支持的梁振英高喊着，这是法治，法院有判决，警方在执法。

什么是现代的法制？首先它是三权分立的法制。既然是三权分立，法院不能干预立法和执法，也就是不能干预政治。因为立法和执法机构都是由选举产生，是直接的合法机构。而法官则是由合法机构按照一定的程序任命。法院只是间接的合法机构和有限的仲裁机构。它直接干预政治就属于非法行为。

其次，香港的选举虽然比大陆略好，但仍然不能真正代表民意。和习近平的“依法治国”，也就是五十步与百步之差而已，没有本质的区别。当香港人民要求真正的普选，伸张自己的基本权利的时候，已经是半合法的法院出面干预，阻止人民行使自己的合法权利。这是严重的违法行为，是知法犯法。

再其次，争取普选权的民众占领了街道，是违法行为吗？不是。因为不管是古代还是现代，人民表达意愿都被认为是合法的。特别是现代，法本身来源于人民，人民除了有选举代表表达意愿的权利，也有直接表达意愿的权利。何况是表达要求尊重选举权，没有违法一说。否则你那个执法就是违法的，港警和法院使用暴力驱散人民就是违法的。

香港人民在英国统治期间养成了很好的遵纪守法的习惯，以至于进入了迷信的程度。以为法院说违法就是违法，所以有占中的老爷子们痛哭流涕地预先承认自己违法，还假装悲壮地要去自首。这真是糊涂透顶，忘记了自己的行为正是依法伸张被侵犯的权利，法院也无权剥夺的权利。

按照人类通行的惯例，当人民的基本权利被侵犯的时候，人民有权用任何手段夺回自己的权利。占领街道请愿是最温和的行使权利。美国宪法的持枪权就是这样的集体自卫权，就是依据这一条最基本的人权而制定的。这叫做自然法，不是人指定的也不是人可以改变的。

现在有人在那儿煽动什么退场机制。这都已经是最温和的了，还往哪儿退？要退也是违反基本法的共产党退，香港人民已经退无可退。再退一步就是大陆人民六十几年来的那种深渊。这个时候以策略为借口忽悠香港人民退场，就是在一脸奸笑地陷害。

老百姓通常都比较短视，有时会很糊涂。以至于经常会被那些狡猾的政客给忽悠了，忘记了自己真正的利益之所在。共产党就是这种真正狡猾的政客，所以他们一再重复什么百分之几十几十的民意调查反对占中，而不说百分之几十的人民反对真普选。为什么？共产党不敢说。因为大多数香港人民支持真普选，反对假选举、真独裁。共产党这是在利用人民的短视和糊涂，在以策略为借口愚弄人民。

在这种退无可退的形势下，什么是策略？就是站稳脚跟不后退，退一步就是万丈深渊。八九年大陆人民的失败教训就在于此。不要去学八九年的赵紫阳和学生，因为退不退都要流血。狼总是要吃小羊的，唯一的活路就是挺起你的犄角拼死一搏，或许能赢得一线生机。

香港人民不要以为共产党清场之后的秋后算账，只不过是枪打出头鸟，咱们老百姓没事儿。看看八九年的六四屠杀吧。清场之后是全国大搜捕；再之后是人人过关；再之后是全国政治形势大倒退；再之后是一直到现在还在一步步地退向文化大革命。人民已经没有退路了。

出头鸟们就更没有退路。不要再表现自己的胆怯，为虎作伥了。蹲监狱有什么可怕？既然做了，好汉做事好汉当，既有今日何必当初。反正已经没有退路了，不要再幻想共产党法外施仁，格外照顾投降的叛徒。看看八九年的学生领袖们如何被照顾的，就别再抱什么幻想了。

蹲监狱有什么可怕？七九年审判我之前，胡耀邦和叶剑英就警告共产党不要制造英雄，不要为人民的反抗制造偶像和领袖。只要有了偶像，人民的反抗就会英雄辈出。只要人民的反抗英雄辈出，领袖不断，就会一波未平，一波又起。整个八十年代验证了这条真理。

你在监狱里受苦，可你的事业在监狱外继续扩大。我十八年都不以为苦，得意洋洋，愈挫愈勇，信心百倍。你们怕什么，怕当英雄吗？太可怕了，这叫什么心理，这叫文化沙漠吗？人人都不敢当出头的鸟，你们就成了一群下蛋的母鸡。母鸡还知道为了保护小鸡和雄鹰搏斗。如果你们不敢为了子孙后代的幸福拼死一搏，那你们香港人就还不如鸡。

现在倒是应该学习八九六四学生退场后，和共军拼死一搏的北京市民了。那是中华民族的脊梁，虽死犹荣。他们以自己的生命和鲜血，为人民赢来了理智和信心。可惜在领袖全线撤退的形势下，没有形成民主运动的延续。香港人民现在要做的，就是制止软弱的领袖们撤退。要支持他们站稳脚跟不后退。

习近平就是有邓小平的胆量，也没有邓小平的实力。他要是东施效颦学邓小平武力清场，然后金盆洗手下台谢罪，可就没有邓小平那么轻松了。无数只狼在后边等着他的肉呢。不信咱们走着瞧。