李怡，1936年生，香港知名時事評論家、作家。1970年曾創辦雜誌《七十年代》，1984年更名《九十年代》，直至1998年停刊。後在《蘋果日報》撰寫專欄，筆耕不輟半世紀。著有文集《放逐》、《思緒》、《對應》等十數本。正在Matters連載首部自傳《失敗者回憶錄》：「我一生所主張所推動的事情，社會總是向相反趨向發展，無論是閱讀，獨立思考或民主自由都如是。這就是我所指的失敗的人生。」

Memoirs of a Loser 191: The Courage of Young People, Ashamed

Sep 5, 2022

In the midst of the clamor, I held my own opinion and chose to stand with the two of them. I wrote an article titled "Being Ashamed".

In the 2016 Hong Kong Legislative Council election, the SAR government changed the rules and required candidates to sign a "confirmation letter". Putting the administration over "suffrage" stimulates citizens to vote for democracy. As a result of the election, 6 newcomers from the local faction and the self-determination faction were elected. Although a few old people from the pan-democrats stumbled, they also completed some transitions between the old and the new. The number of non-establishment seats rose to 30.

Then came the oath storm. On October 12, members of the Legislative Council were sworn in for a new term. Under the influence of local ideological trends, some members expressed their political aspirations in different forms when they read the oath with the words "loyalty to the Hong Kong Special Administrative Region of the People's Republic of China" in the oath. The most prominent of them are Liang Songheng and You Huizhen of the Youth New Deal. When the two took the oath, they not only displayed the banner "Hong Kong is not China" (Hong Kong is not China), but also read "China" in the English oath as "China". "Republic" in "People's Republic of China" is pronounced "Re-fucking". Liang Songheng also crossed his middle and index fingers when he took the oath, which means that he did not abide by the oath. The Secretary of the Legislative Council who administers the oath does not accept such an oath.

The entire establishment criticized Liang You's oath performance, saying that the term "China" was an insult to and discriminating against the Chinese, and demanded that they be disqualified from parliamentarians. The Liaison Office and the CCP's state media also expressed their indignation and condemnation of the act.

The President of the Legislative Council, Leung Kwan-yin, decided on October 18 that Leung Chung-heng and Yau Wai-ching could once again complete the oath at the second general meeting on the 19th. However, on the afternoon of the 18th, Chief Executive Leung Chun-ying suddenly proposed judicial review and applied for a temporary injunction from the court, trying to prevent the two from taking the oath again. Netizens were outraged at Leung Chun-ying's "raid", believing that he was nakedly trampling on the "separation of powers". As a result, the High Court, with the constitutional status of the President of the Legislative Council, has the power to allow another oath, and refuse to grant the government's injunction. Leung Chun-ying filed for judicial review. Liang Junyan decided to adjourn the oath of the two and wait for the ruling of judicial review.

The judicial review begins on November 3. There is still no verdict that day. However, the next day, the Standing Committee of the National People's Congress took the initiative to propose an "interpretation", stating that the oath must be sincere and solemn, the oath must be read out accurately and completely, and props, slogans, etc. are not allowed, otherwise the oath supervisor must rule that the oath is invalid and re-swearing is not allowed. .

While the Hong Kong court is still hearing a case that is purely Hong Kong's internal affairs, the Standing Committee of the National People's Congress intervenes in the ruling by "interpreting the law". Does the independent judicial power and final adjudication power of Hong Kong as set out in the Basic Law still exist?

Under the pressure of the National People's Congress "interpreting the law", the Hong Kong court ruled in favor of Leung Chun-ying and revoked Leung and You as members. According to universal judicial principles, the new law cannot be retroactive to the behavior before the law was enacted, so Liang You appealed again, but it was still rejected. The Court of Appeal ruled that the NPC's interpretation was retroactive with an effective date of July 1, 1997, "applicable to all cases".

It is common sense that the law is not retroactive, but Zhang Juneng, a judge of the Court of Appeal, said that the interpretation of the law by the National People's Congress is the law of mainland China, and the "common law" of Hong Kong cannot be questioned. The legal profession had "great reservations" about such a ruling, but Zhang Jineng later stepped up, taking over as chief justice of the Hong Kong Court of Final Justice in January 2021.

The development of the Liang You incident fully shows that under the dictatorship of the CCP, not only did the executive interfere with legislation and the court's determination of the power of the Legislative Council, but also during the trial of the case, the People's Congress intervened in judicial proceedings. And the courts can only obey. This means that judicial independence is dead, and the separation of powers is dead.

Liang Songheng and You Huizhen, two young people, were the most influential figures after Liang Tianqi in 2016. Their actions caused social controversy, and their responses to opponents and public opinion were sometimes naive and unskilled. For a while, the vast majority of the media and political circles attacked them, including many pro-democracy MPs and pro-democracy people. Some people dug up Liang's contact with the Liaison Office of the Central Committee when he was in college, and You once worked as an intern at Ta Kung Pao, so there was public opinion that they were "ghosts" (meaning working for the CCP) connected with the CCP, and some people said that Their sworn actions in the Legislative Council were "stupid" and ignorant of current affairs.

In the midst of the clamor, I held my own opinion and chose to stand with the two of them. I wrote an article titled "Being Ashamed". I excerpted it here:

What do you think of Liang Tianqi? Humbled. What do you think of Liang Songheng and You Huizhen? Humbled.

I am forever ashamed of those who dared to fight against power, no matter how wrong they were.

Even though I was in my twenties, I did not have the courage of Liang Tianqi. Seeing that one country, two systems was raped and endangered, and the whole city was sleeping, I bravely threw an egg against a high wall. He said that after Liang You took the oath, because he was still on bail pending trial for the crime of rioting, he chose not to say a word, and he admitted his cowardice. He expressed that he would share the responsibility for Liang You's oath to make mistakes.

The whole city is scolding Liang You almost overwhelmingly. If you honestly look back on the Internet in the past few years, is "China" a specific reference or an insult to the Chinese around the world? Looking back over the decades, is "Hong Kong not China" exactly what China and the UK have declared to the world? Calling them both ghosts and calling them stupid, have you ever considered that ghosts need to be smart, how could they be stupid?

Why don't you listen to the teachings of experienced people and wait until you are sworn into Parliament before you fight? They are indeed wrong. But when the oath was taken, who expected an interpretation? In the world, there are many Confucius after the fact. Not to mention that young people make mistakes when they don’t understand the world, but can’t older people make mistakes when they understand the world?

Some people say that they have made demands for Hong Kong independence and asked all Hong Kong citizens to pay the bill. But who provoked the issue of Hong Kong independence? Didn't Leung Chun-ying raise this issue in his policy address last January? Hong Kong independence can be said to be an unrealistic idea, but we have no right to smash the only hope young people have in this society. Let us ask ourselves honestly: Do you really think democracy can be achieved under one country? Do you really think that because of Liang You's actions, the CCP's interpretation of the law and Leung Chun-ying's judicial review violence? Do you really think that just being obedient will save you from tyranny and abuse?

In this era full of smart people, there will always be someone willing to stand up and fight, so that society will not despair. Failure is almost certain. The egg is thrown to the high wall, how can it not be smashed to pieces? After the transfer of sovereignty, how can all the struggles for democracy and universal suffrage succeed? But always let the powers know that although most people choose to be submissive, there are still people who resist the decline of society with great disparity.

wrong? who doesn't? The most wrong thing is to keep silent, to give in, to separate, to protect oneself, and the most despicable thing is to rely on the protesters who resist the sinking of society. To all the protesters who throw eggs at the wall, no matter how wrong they are, no matter how stupid they are, I feel ashamed in front of them.

Later, You Huizhen said in an interview that he was flattered to read my article. how could be? This is my sincere feeling!