As BNO, 按 The Bill of Rights 1688，係有憲制上的權利直接向英皇請願。本信涉及兩件事一併請願。1.元朗恐襲同2. 警暴涉事英警官。若非BNO或團体可分兩信比英首相 Boris Johnson, 前一信作日己公開樣本，警暴一事樣本明天公開。若分兩信給 Your Queen 亦可，可寫更多詳情(copy the content from letter to PM)。(請廣傳及代貼連登)
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Wong, Kwok Ngon
(address)
25th July, 2019
Her Majesty The Queen Elizabeth II,
Buckingham Palace
London
SW1A 1AA
Dear Madam,
My name is KN Wong, a British Nationals Overseas (“BNO”) in Hong Kong. In exercise of my constitutional right to petition guaranteed in The Bill of Rights 1688, I would like to submit this petition letter to Your Majesty.
Firstly, I would like to draw Your Majesty’s attention on an organized attack on ordinary citizens in Yuen Long, a district in Hong Kong, at the night of 21st July, 2019. It is now widely alleged to be an act of terrorism. I shall leave the details to your able servants and advisers.
The fact that Your Majesty’s Kingdom is a popular destination of immigration and study among the indigenous villagers in Yuen Long is widely known among HongKongers. It appears that there is a need for Your Majesty’s concern over this matter as both the attackers, the attacked and the organizer(s) may include a significant number of British Subjects and British Nationals Overseas.
I therefore submit that Your Majesty’s exercise of right Royal Prerogative to punish the villains and protect the innocents. I would also like to urge Your Majesty to instruct your Government to make investigations into the “Yuen Long Terrorists Attack”, and based on the findings, repeal or suspend the British Subjects of those involved, including their family members as appropriate, and frozen their property in UK as appropriate. Such investigation may include any British Nationals Overseas (BNO) , if appropriate.
Furthermore, Madam, please be noted a speech by Your Right Honourable MP Helen Goodman in the Parliament on 2n July 2019, asking what Your Majesty’s Government should do to pursue explicit “police brutality” committed by Justin Shave and 2 other two senior police officers. Your Majesty’s Government is concerned as these three officers are British subjects and are known to be responsible for the ordering of a number of incidents of police brutality the crackdown on peaceful demonstrations by students and young persons in Hong Kong, in which there was unjustified, wide use of tear gas, rubber bullets and pepper sprays, and excessive baton attacks on non resisting citizens.
Pursuant to The Statute of International Criminal Court 1998 (ICC, Rome Statute), in which Your Majesty’s Kingdom has been a signatory state, the aforesaid police brutality should be classified as a crime of torture, a crime against humanity that falls within the jurisdiction of the ICC and the Rome Statute. (Art 5(b))
According to Art.7(2)(e) of the ICC, Rome Statue, "torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused. This definition is in line with the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the General Assembly of the United Nations on 10 December 1984.
At the same time, The Laws of Hong Kong (Crimes (Torture) Ordinance, Cap. 427) defines torture as “intentionally inflicts severe pain or suffering on another in the performance or purported performance of his or her official duties.” Thus, the said police officers in Hong Kong cannot excuse themselves by claiming that they do not know that torture is by itself a crime locally and internationally.
As Your Majesty may be well aware, the ICC has governing jurisdiction on “The State of which the person accused of the crime is a national.” (Art 12(2)(b)) Therefore, ICC has jurisdiction to investigate and prosecute Justin Shave and any British Subject police officers in Hong Kong for the said police brutality. Your Majesty’s Government, as signatory state, is thus under an international obligation to assist and facilitate all relevant investigations and subsequent prosecutions.
On the other hand, I take this opportunity to urge Your Majesty to clarify one position important to all police officers in Hong Kong who are holders of the British Nationals (Overseas) passport (“BNO”). The Laws of the United Kingdom recognize the British Nationals (Overseas) as a class of British Nationality. I therefore assume that BNO holders are also subject to the jurisdiction of the British Government and the ICC unless those holders had renounced their BNO passports and thus their status of being a British National before the commission of police brutality.
It would be much comforting for all humble BNO holders, including me, if we could be furnished with a reply from Your Majesty at your earliest convenience.
With greatest respect,
KN Wong (Mr.)
LLB, LLM, Mphil, BA Philosophy
A retired law lecturer
Hong Kong ID ....
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