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【國際人權公約：沒有民主 那有國安】

今日具中國特色的「國家安全」定義廣闊無疆，早於90年代已經惹來英方高度關注，尤其於90年代確立香港人權法案後，各種有「國家安全」成分的殖民條例需要大幅檢視其潛在違反人權的條文，從中就可更清楚看出對「國家安全」、「勾結外國勢力」等含糊概念的英方視覺。

一份近年才解密的英檔（FCO 40 3731 Hong Kong Bill of Rights: Societies Amendment Bill）【註一】，透露當年英國外交部已就與國家安全相關的《社團條例》研究「大裝修」，由其法律顧問Jill Barrett指出條文6(2)條：「如果社團有與外國政治性團體有聯繫，保安局局長可以禁止該分支機構運作」本身已經明顯與《香港人權法案》有衝突 （is clearly incompatible with BoR Article 18(2)），亦指明從人權法案保障的框架裡，即使外國社團分部存在破壞與其他國家的關係，也不應成為限制結社自由的理據 (Damage to relations with another country is not one of the grounds on which Article 18(2) BoR permits freedom of association to be restricted)。由此可見，社團條例中的「勾結外國勢力」條文，也有劃出一條保障自由權利的「基本底線」，亦是為了防止政權可輕易地將任何與外國組織合作的形式扣上勾結外國勢力罪名。

此外，當年英方也有考慮中方對於《社團條例》修訂時的反對聲音。檔案中可見英國駐華大使麥若彬 (Robin McLaren) 承認，中英雙方對於「威脅國家安全」的理解相差甚遠 (very different perceptions of what might constitute threats to security)，而港英政府當時表明不會接受中方對顛覆的定義（have never accepted the chinese definition of “subversion”)，其中更強調保障香港市民的言論自由與及不會打壓本地之組織。現時訂立港版國安法時聲稱《基本法》中的自由權利會繼續受到保障，但實際上條文及定義卻廣闊得深不見底，明顯看到英方對於運用國安理由針對社團之大不同。

在解密檔案裡，英方法律顧問Jill Barrett有個相當重要的提醒，就是旦凡要動用國安理由而定豁免人權法保障，不只是要真正為了國家安全利益 (genuinely in the interests of national security)，同時更「在民主社會是必須」(necessary in a democratic society)，意味著沒有民主體制，就不能以國安之名豁免各種人權保障，此乃聯合國於60年代訂立《公民權利及政治權利國際公約》(ICCPR) 時由法國提案加入的前提【註二】，現時《基本法》亦訂明須遵守《公民權利及政治權利國際公約》的規定。故此她認為引起「宗主國政府」(Host government)或者「鄰國政府」 (neighbouring government)的不滿，其實不足以構成威脅國家安全的理由，否則高壓政府可以名正言順地禁止任何「睇唔順眼」的社團 (any repressive government could justify the banning of any society on the basis of its own intolerance)。

如按此思路，由一個專制政府引入國安法到現今非民主體制的香港，任何動用國安理由本質上都已違反《國際人權公約》的「莊嚴承諾」，更惶論那些是否「真正」影響國家安全的理由，抑是只是為了借「國安」之名打壓結社、言論自由與人權。

參考文本及檔案：

【註一】1992 FCO 40 3731 Hong Kong Bill of Rights: Societies Amendment Bill. The National Archives.

【註二】 Nihal Jayawickrama (2017). The Judicial Application of Human Rights Law National, Regional and International Jurisprudence. Cambridge University Press.

#人權底線去左邊
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You don't need to know everything! - Tony Fernandes

Tony Fernandes's top 10 tips for entrepreneurs

1) You don’t need to know everything

I came from the music business. I knew nothing about planes. To all the entrepreneurs out there, you don’t need to know everything about what you want to do. It’s all about the idea, it’s about passion, it’s about implementing it.

2) Just do it!

Don’t let anyone tell you that you can’t do it. You’ve got one life, so you can’t press the rewind button and say ‘I wished I had done that.’

So I recommend to all of you out there, just do it. Live your life to the utmost, be positive. If you fail, at least you have tried.

I have failed miserably at Formula One, but I have no regrets because I got to stand with the greats from Ferrari, McLaren, and others.

3) Passion is a key problem-solver

Dreams do come true. Don’t worry about failure. You have one life, make the most out of it. Nine times out of 10, if you have the passion, you will find a way to work through it.

4) Invest in marketing

If you have the greatest idea in the world, please, please, please put some money on marketing. This is because if you don’t put money on marketing, nobody is going to hear about your great idea.

There are so many great ideas that never took off because of a lack of marketing.

Marketing is not about the dollars, it is also about public relations (PR). In AirAsia, we had no money. So I ran around with a red cap on and said controversial things so that the press would always take a picture of me. That was our marketing in AirAsia’s early days.

We have been through so many issues, and marketing played a key role in overcoming them.

Remember SARS (severe acute respiratory syndrome)? At that time, nobody wanted to fly; we all thought we are going to die.

Everyone cut their advertising, but I told my guys not to cut because this was the best time to build our brand. In fact, we tripled our advertising and everyone looked at me and said, “Are you on drugs?” I said, no, it is the best time because no one else is advertising.

When the first Bali bomb attack happened, everyone cancelled their flights. I said to the guys, we cannot let the Bali route die. We must continue to fly.

So we came up with ‘Love Bali’ campaign, giving away 10,000 free seats, and it worked. All 10,000 seats were snapped up in like under one minute. And all those who got those seats told all their friends about it on social media. Your best advertisement is your customers.

5) Leverage social media

When Malaysians get a good deal, they will tell the whole world about it. So the 10,000 people who went and had a good time in Bali, told 10,000 people that they had a good time. That was the early gestation of AirAsia’s social media.

We realised the power of social media very early on, so when Facebook and Twitter came up, we latched onto them. We were early adopters. We now have 32 million people on our various social media platforms, and 7 per cent of our business comes directly from social media.

The Bali campaign taught us that our best advertisements are our customers.

6) Don’t be scared of complaints

Complaints are actually free market research. Someone took the effort to write to you to tell you where things went wrong and how they should be improved. These are things that companies pay a lot of money for consultants to tell them that same thing.

So we treat every email preciously.

7) Focus on one image when it comes to branding

During the early days, there was the word ‘AirAsia’ and a logo of a bird in our branding.

If you look at the top brands in the world, there’s only one image that comes to your mind. When I say “Shell,” you think of the Shell logo. When I say “Coca-Cola,” you think of the word ‘Coke’ in italics, and when I say “Nike,” you think of the swoosh.

So, back to our earlier AirAsia brand, we said drop the bird – we felt it was facing the wrong way anyway – and we used ‘AirAsia’ as our logo. Just one image. Why spend double the money to promote two images?

We also dropped the blue and the green colours. I tried very hard not to go with red, because everyone thinks that I want to be Richard Branson [the Virgin Group founder and Fernandes’ former boss] ... but it was the best colour, so we picked red.

So yes, the colour does make a big difference!

8) Go on the ground

What I used to do – although I don’t do this anymore – was that once a month, I would carry bags, I would be a cabin crew [member], and also at the check-in counter.

I did this for two reasons. The first is that you can’t be an effective CEO (chief executive officer) unless you go on the ground to experience the real situation.

Here’s a true story. The baggage handling team told me that they needed belt loaders. I told them, “No, we can’t buy that as it’s too expensive.”

So one day when I was tasked to carry bags, they put me on one of the Indonesia flights. People who fly with us generally bring their house with them, but people who fly to Indonesia bring their neighbour’s house as well!

So there was a lot of bags. I broke my back in the process, and I told my team that they were right and I was wrong, and let’s buy the belt loaders.

If I didn’t do that [go on the ground] and just sat comfortably in the office, I would have made a wrong decision, damaged a lot of bags, and probably started a union.

The second reason [for going on the ground] is that I wanted to look for talent. I wasn’t looking for the talents from Oxford or Cambridge, I was looking for the Grade 3 SPM [O Levels equivalent] kind of guys who needed a second chance.

9) Never underestimate the potential of your staff

I broke all the rules in terms of hiring people. To me, as long as you have a dream, you can do anything.

There was an ex-cabin crew member – she came up to me one day and told me that her dream was to become a pilot. I told her to go for it.

Then she called me up one day and asked if she could take part in the Miss Thailand [beauty pageant], and I told her okay, as long as I get to use her photographs in our marketing materials.

She won the [Miss Universe Thailand] pageant and recently became a captain – so we are the only airline in the world with a Miss Thailand flying with us.

The moral of the story is that we have such a flat structure that she was able to tell me what her dreams were, and we were able to make a raw diamond into a diamond.

Another one of my boys, a baggage handler in Kuching, told me he wanted to become a pilot. I told him to go for it. He passed all the exams ... he had the top marks in the flying academy. Today, he is a captain.

We have many of such stories at AirAsia.

Your biggest assets, besides your ideas, are your people – because at the end of the day, it is the people who will deliver your ideas.

10) Data is king

We have a huge amount of data that we don’t know what to do with it, but everyone else wants our data ... so we figured it must be something very valuable and there must be an opportunity there.

We are investing in a few ventures. We plan to launch our own version of TripAdvisor, a travel dongle, a new YouTube-type of channel and more – data will be playing an essential role in these ventures. Data will be king. —

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