美國總統特朗普
日前簽署由美國參眾兩院通過、簡稱「台北法案」的《2019年台灣盟邦國際保障與強化倡議法》(Taiwan Allies International Protection and Enhancement Initiative Act)。
或許該法案與本港並非直接相關,只是集中闡述美國支持台灣為「外交盟友」(diplomatic alliances);加上在
主權移交後,大部分人習慣把自治權與外交關係假手於人,因此「台北法案」未有在本地產生什麼回響。
然而自去年逃犯修例後,泛民黃色議員及群眾再把「今日香港,明日台灣」的口號掛在口上。如果這是大家所相信的說法,今日(至少)理應懂得從本港「一國兩制」的失敗去理解
《台北法案》的國際政治意義,又應該知道該部法案其實是與香港息息相關。
《台北法案》包含以下四個範疇:
1) 與台灣之外交關係(Diplomatic Relations with Taiwan):簡述台灣近年政治狀況及中台關係;說明美國總統於保護台灣主權所擔任的角色;
2) 美台經貿關係(Trade and Economic Relations with Taiwan):美台應加強雙邊貿易關係,從而刺激兩地經濟;
3) 有關台灣參與國際組織之政策(Policy of the US with regard to Taiwan’s Participation in International Organization):以不同方式支持台灣參與各個國際組織;
4) 加強美台關係(Strengthening of Ties with Taiwan):支持加強美台外交關係,以不同方式支援台灣之國際關係、繁榮穩定(prosperity)及安全(security);每年提交報告予國會之委員會(congressional committees)。
以上四個範疇,是美國直接承認及加強台灣的國際地位之法律框架,並不止是在外交關係上「認可」(endorse)台灣;與
香港關係法相較,後者只是概括地說明香港主權移交後美國對港政策之保證。
由此理解,《
台北法案》
用字較為進取(例如“
strengthening of ties”、“
strengthening bilateral trade and economic relations”、“
advocate for Taiwan’s membership”);而
香港關係法則較保守(例如“
continued application”、“
seek maintain and expand economic and trade relations”、“
respect Hong Kong’s status”)*。
結論:如果你曾經想過今日香港是明日台灣的話,那就請你花時間思考一下,為什麼
《台北法案》是與香港人直接相關,甚至乎是香港存亡未卜的關鍵。
*註:當然,在香港關係法在1992年通過時,誰會想到今日香港是中共一制。
Source: Chung-Tai Cheng 鄭松泰
https://www.facebook.com/chengchungtai/posts/1468502379990781
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Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019
...
(7) Taiwan’s
unique relationship with the United States, Australia, India, Japan, and other countries are of significant benefit in strengthening Taiwan’s economy and preserving its international space.
...
It is the sense of Congress that—
(1) the United States and Taiwan have built a strong economic partnership, with the United States now Taiwan’s second largest trading partner and with Taiwan the 11th largest trading partner of the United States and a key destination for United States agricultural exports;
(2) strong United States-Taiwan economic relations have been a positive factor in stimulating economic growth and job creation for the people of both the United States and Taiwan; and
(3) the United States Trade Representative should consult with Congress on opportunities for further strengthening bilateral trade and economic relations between the United States and Taiwan.
...
It should be the policy of the United States—
(1)
to advocate, as appropriate—
(A)
for Taiwan’s membership in all international organizations in which statehood is not a requirement and in which the United States is also a participant; and
(B) for Taiwan to be granted observer status in other appropriate international organizations;
(2) to instruct, as appropriate, representatives of the United States Government in all organizations described in paragraph (1) to use the voice, vote, and influence of the United States to advocate for Taiwan’s membership or observer status in such organizations; and
(3) for the President or the President’s designees to advocate, as appropriate, for Taiwan’s membership or observer status in all organizations described in paragraph (1)
as part of any relevant bilateral engagements between the United States and the People’s Republic of China, including leader summits and the U.S.-China Comprehensive Economic Dialogue.
It is the sense of Congress that the United States Government should—
(1)
support Taiwan in strengthening its official diplomatic relationships as well as other partnerships with countries in the Indo-Pacific region and around the world;
(2)
consider, in certain cases as appropriate and in alignment with United States interests,
increasing its economic, security, and diplomatic engagement with nations that have demonstrably strengthened, enhanced, or upgraded relations with Taiwan; and
(3)
consider, in certain cases as appropriate, in alignment with United States foreign policy interests and in consultation with Congress,
altering its economic, security, and diplomatic engagement with nations that take serious or significant actions to undermine the security or prosperity of Taiwan.
Source: US Congress
https://www.congress.gov/bill/116th-congress/senate-bill/1678/text?fbclid=IwAR2SW9b0vX7NcqAFLy8mRma5IRWh_sKlSJXSy3B7E9pAgdLt2X8L1ToF2n8
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UNITED STATES-HONG KONG POLICY
...
§5711. Bilateral ties between United States and Hong Kong
It is the sense of the Congress that the following, which are based in part on the relevant provisions of the Joint Declaration, should be the policy of the United States with respect to its bilateral relationship with Hong Kong:
(1) The United States should play an active role, before, on, and after July 1, 1997, in
maintaining Hong Kong's confidence and prosperity, Hong Kong's role as an international financial center, and the mutually beneficial ties between the people of the United States and the people of Hong Kong.
(2) The United States should
actively seek to establish and expand direct bilateral ties and agreements with Hong Kong in economic, trade, financial, monetary, aviation, shipping, communications, tourism, cultural, sport, and other appropriate areas.
(3) The United States should seek to maintain, after June 30, 1997, the United States consulate-general in Hong Kong, together with other official and semi-official organizations, such as the United States Information Agency American Library.
(4) The United States should
invite Hong Kong to maintain, after June 30, 1997,
its official and semi-official missions in the United States, such as the Hong Kong Economic & Trade Office, the Office of the Hong Kong Trade Development Council, and the Hong Kong Tourist Association. The United States should invite Hong Kong to open and maintain other official or semi-official missions to represent Hong Kong in those areas in which Hong Kong is entitled to maintain relations on its own, including economic, trade, financial, monetary, aviation, shipping, communications, tourism, cultural, and sport areas.
...
§5712. Participation in multilateral organizations, rights under international agreements, and trade status
It is the sense of the Congress that the following, which are based in part on the relevant provisions of the Joint Declaration, should be the policy of the United States with respect to Hong Kong after June 30, 1997:
(1) The United States should
support Hong Kong's participation in all appropriate multilateral conferences, agreements, and organizations in which Hong Kong is eligible to participate.
(2) The United States should
continue to fulfill its obligations to Hong Kong under international agreements, so long as Hong Kong reciprocates, regardless of whether the People's Republic of China is a party to the particular international agreement, unless and until such obligations are modified or terminated in accordance with law.
(3) The United States should
respect Hong Kong's status as a separate customs territory, and as a WTO member country (as defined in section 3501(10) of title 19), whether or not the People's Republic of China participates in the World Trade Organization (as defined in section 3501(8) of title 19).
§5713. Commerce between United States and Hong Kong
It is the sense of the Congress that the following, which are based in part on the relevant provisions of the Joint Declaration, are and should continue after June 30, 1997, to be the policy of the United States with respect to commerce between the United States and Hong Kong:
(1) The United States
should seek to maintain and expand economic and trade relations with Hong Kong and should
continue to treat Hong Kong as a separate territory in economic and trade matters, such as import quotas and certificates of origin.
(2) The United States should
continue to negotiate directly with Hong Kong to conclude bilateral economic agreements.
(3) The United States should continue to treat Hong Kong as a territory which is fully autonomous from the United Kingdom and, after June 30, 1997, should treat Hong Kong as a territory which is fully autonomous from the People's Republic of China with respect to economic and trade matters.
(4) The United States should continue to grant the products of Hong Kong nondiscriminatory trade treatment by virtue of Hong Kong's membership in the General Agreement on Tariffs and Trade.
(5) The United States should recognize certificates of origin for manufactured goods issued by the Hong Kong Special Administrative Region.
(6) The United States should continue to allow the United States dollar to be freely exchanged with the Hong Kong dollar.
(7) United States businesses should be encouraged to continue to operate in Hong Kong, in accordance with applicable United States and Hong Kong law.
(8) The United States should continue to support access by Hong Kong to sensitive technologies controlled under the agreement of the Coordinating Committee for Multilateral Export Controls (commonly referred to as "COCOM") for so long as the United States is satisfied that such technologies are protected from improper use or export.
(9) The United States should encourage Hong Kong to continue its efforts to develop a framework which provides adequate protection for intellectual property rights.
(10) The United States should
negotiate a bilateral investment treaty directly with Hong Kong, in consultation with the Government of the People's Republic of China.
(11) The change in the exercise of sovereignty over Hong Kong should not affect ownership in any property, tangible or intangible, held in the United States by any Hong Kong person.
Source: US Congress
https://uscode.house.gov/view.xhtml?path=/prelim@title22/chapter66&edition=prelim