Judicial Independence Put to Test
曾唐兩大疑案 考驗香港司法獨立
文章日期:2012年4月27日

雙語社評齊齊聽

英語 (足本收聽)

普通話 (足本收聽)

【明報專訊】WHAT has come to light in the past few days concerning Donald Tsang Yam-kuen's "Tycoongate" scandal is really shocking. Informed sources close to the ICAC point out that, if the media reports are true, Tsang may be prosecuted for violating the Prevention of Bribery Ordinance and for the common law offence of misconduct in public office.

英語

曾蔭權身陷「富豪門」事件,連日來披露的細節叫人震驚。有接近廉政公署消息人士指出,若傳媒報道內容屬實,曾蔭權已涉嫌干犯《防止賄賂條例》及普通法下的「公職人員行為失當」罪行。

普通話

Henry Tang Ying-yen's "Basementgate" scandal is equally serious. Tang has lied and lied again, and claims that the basement was built only after an occupation permit was received. However, as many building professionals have pointed out, it is quite unimaginable that a basement more than 2,000 square feet in area can be built after the property's superstructure. If the professionals are correct, Tang may be prosecuted for a serious criminal offence.

英語

唐英年的「僭建門」醜聞情節也非常嚴重,唐不單謊話連篇,更聲稱是在取得入伙紙之後才僭建,但不少專業人士均指難以想像超過2000方呎的大地庫可以在大屋建成後才加建;若情况真如專業人士所言,唐英年可能涉及嚴重罪行。

普通話

The public are expecting the law enforcement bodies to look thoroughly into the two cases. The rule of law is a core value that the Hong Kong public regard as most important. The authorities concerned must not, when carrying out their investigations, drag their feet simply because the persons involved are the government's highest ranking officials. They must not only be fair and accurate in their investigations, but must also be seen by the public as so.

英語

社會期望執法機關必須徹查。法治是港人極為重視的核心價值,執法部門絕不能因相關人等是特區最高級別官員而「放軟手腳」,整過調查過程不單要公正嚴明,更要讓公眾看得到是公正嚴明。

普通話

The principal figures involved in the two scandals are the Chief Executive and the former Chief Secretary for Administration. We cannot but wonder why, with the great responsibility and authority vested in them, they seem to believe they can do anything with impunity. The law enforcement bodies must rise to the occasion and fully investigate the two cases so that the offenders may be punished or, if the media reports are found to be false, their names may be cleared. If even the law enforcement bodies fail to meet the public's expectations, the public will come to believe that the rule of law no longer exists and those in authority are always above the law. The result will be endless protest demonstrations, and there will be no peace and harmony in Hong Kong.

英語

這兩大醜聞的主角,是特首和前政務司長,令人疑慮他們二人為什麼官職愈高,權力愈大,愈是任意胡為?執法機關必須挺身而出,徹查事件,並把涉案人繩之於法,若證實只是傳媒炒作,也可還他們的清白。若連執法機關也不能給予港人交代,民眾質疑當權者總可逍遙法外,法治已死,抗議示威必接踵而至,社會勢必動盪難安。

普通話

The two cases also constitute a trial to the Central Government's principle of "Hong Kong people ruling Hong Kong". If the Chief Executive and the former Chief Secretary for Administration are arrested for criminal offences, the Central Government will find itself in a very awkward position. However, if political considerations are put before the rule of law, Hong Kong will soon turn into a corruption-ridden society. The Central Government must therefore not try to intervene, but should keep itself apart from the two cases.

英語

此事也在在考驗中央政府對「港人治港」的信任。一旦特首與前任政務司長也涉違法被捕,勢將令中央政府尷尬萬分,但若法治在政治面前靠邊站,香港將變成貪腐之都。中央政府必須跟事件保持距離,絕不能插手干預。

普通話

The scandals also make it clear that there are serious loopholes in the bribery prevention regulations governing the Chief Executive. Sections 3 and 8 of the Prevention of Bribery Ordinance should have been applicable to the present case involving the Chief Executive: Section 3 forbids public officials from soliciting or accepting any advantage without permission, and Section 8 prescribes that nobody, without lawful authority or reasonable excuse, should offer any advantage to any public servant employed by the government or other public bodies while having dealings with the government or those public bodies. However, in 2008, when the Legislative Council revised the Ordinance, the government's proposal to waive these two regulations with respect to the Chief Executive was accepted with the help of lawmakers of the establishmentarian camp.

英語

此外,事件更揭示規管特首的防賄條例存在重大漏洞。

《防止賄賂條例》第3條和第8條本來適用於調查特首出事的情節。第3條禁止公務人員未經許可索取或接受任何利益,第8條禁止任何人與政府或公共機構交往時,無合法權限或合理辯解而向政府或公共機構僱員提供利益。只是,2008年立法會修例時在建制派護航下,接受政府建議豁免特首受這兩項條文規範。

普通話

If the ICAC investigates the Chief Executive's case, there is one important question to be answered. According to Article 57 of the Basic Law, the ICAC is "accountable to the Chief Executive". In other words, the ICAC is headed by the Chief Executive, and how are we to ensure that the ICAC is objective and fair when investigating its own chief? There is as yet no consensus in this regard. What is most important is therefore the establishment of a system that is open and transparent, and can prevent the Chief Executive from interfering with the investigations.

英語

一旦廉署對特首展開調查,將引伸出另一更重要的問題。根據《基本法》第57條,廉署「對行政長官負責」,廉署調查特首等同調查自己的直屬上司,如何保持客觀公正,目前社會還未有共識,但最重要的是,必須建立一套透明公開的制度,確保特首不能干預調查。

普通話

明報社評2012.02.27

Presented by lecturers of Hong Kong Community College, PolyU and The Hong Kong Polytechnic University

Ms. Wience Lai

Lecturer, Hong Kong Community College, PolyU

http://www.hkcc-polyu.edu.hk/index.php?lang=eng&cms=928

周文駿

香港專上學院講師

http://www.hkcc-polyu.edu.hk/index.php?cms=651&lang=big5

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