雙語社評齊齊聽

英語 (足本收聽)

普通話 (足本收聽)

【明報專訊】SHIH CHIAO-JEN, 73, lied about his age using a fake document to continue to work as a security guard. He was caught by police and prosecuted. A judge sentenced him to four months' imprisonment. He appealed against his sentence with the assistance of warm-hearted social activists and lawyers, but the judge upheld it.

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73歲的施教仁（下稱施伯），以假證虛報年齡繼續當保安工作，結果被警方揭發檢控，法庭判囚4個月。施伯在熱心社運和法律界人士協助下申請覆核刑期，原審法官維持原判。

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The ruling on the "fake-ID guard" case is solidly based on law and evidence. In coming to it, the judge had regard to human feelings. Nevertheless, it has left many feeling helpless. The case should perhaps be used to have citizens realise it is not an option to break the law for any reason, however proper it may be. Whoever commits an offence must pay. Even Mr Shih (whose case has touched many heartstrings) is no exception. This is a message the case conveys to society: that none should defy the law.

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法官對這宗「假證保安」案件的判決，法律基礎強固理據充分，也顧及人情寬容，儘管判決使不少人感到無奈。這或許可視為對社會的一個機會教育，就是無論有多麼正當理由，違法犯罪都不應該是選項。犯罪就要付出代價，即使是動人心弦的施伯也不能例外。這是此案對社會釋出的信號，警惕任何人切勿以身試法。

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Unless his case is appealed again, Mr Shih will complete his time next June. He will then be in no condition to continue to work as a security guard. In fact, given his health, he can hardly work again. Evidently, he and his wife, an elderly couple, should no longer persist in relying on themselves. The Social Welfare Department should concern itself with their lives. It should have its officers urge them to apply for CSSA (Comprehensive Social Security Assistance) so that they may spend their remaining years without worry.

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若案件不再上訴，施伯在6月內就刑滿；按他的情况，不可能再做保安工作。事實上，以施伯的健康狀况，再工作也十分勉強，看來他和妻子兩位老人家，不宜再堅持命運自主了，社會福利署應該關注他們日後的生活，派員勸說兩老申領綜援，安度晚年。

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Many elderly people have unshakable values of life. They think "only lazy people would live on CSSA". Not to be so labelled, they would find ways to support themselves rather than apply for CSSA. They would be dishwashers or cleaners and even take other objectionable jobs. Were a universal retirement protection scheme in place in the SAR, elderly people would not have to work to feed themselves, and no cases like Mr Shih's would arise. How can it be made possible for elderly people to get employment? This is a question society ought to deal with.

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社會上不少長者，對人生價值有固執一面，他們認定「綜援養懶人」，不希望領取綜援被標籤，以致想出不同辦法，甚至接受厭惡性工作如洗碗、清潔工等來養活自己。若香港已經有一套全民退休保障制度，長者毋須為餬口而工作，則類如施伯的情况就不會出現，否則應該如何為長者創造工作機會和空間，是需要應對的問題。

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Take Mr Shih. He purchased a bogus identity card with a view to finding a job. He risked being jailed because he was past the age limit of security guards. But for the age limit, he would not have committed the offence. Furthermore, it is debatable whether it is a form of age discrimination to set any age limit. Therefore, the authorities should look at the possibility of abolishing the age limit of security guards. For example, security guards may be required to produce every year or every two years medical certificates showing they are fit to keep their jobs. Such a change is in keeping with the fact that human beings now tend to live long and stay healthy.

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以施伯為例，他因為年紀超逾做保安工作的限制才鋌而走險，購買偽造假身分證謀職；設若沒有年齡限制，施伯就毋須犯法。况且年齡設限，是否屬於年齡歧視，也有爭議。因此，當局宜研議是否取消保安工作年齡限制的規定，例如從業員每年或每兩年須出具醫生證明，顯示健康狀况適宜從事保安工作；這樣的改動，也符合人類愈來愈健康和長壽的趨勢。

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Because of advances in medicine and health care, many septuagenarians are as healthy as quinquagenarians were in the past. If they want or expect to go on working, society should make it possible for them to do so. It is fair and reasonable to abolish age limits and leave it to employers to decide whether to hire people on the basis of their health. As society is ageing and the workforce shrinking, the government has already begun to consider raising civil servants' retirement age. It should also look at the possibility of changing or abolishing age limits of other kinds of employees and making it a rule that whether one is fit to continue to work depends on one's health. This is a problem that has arisen from the "fake-ID guard" case. The government ought to deal with it.

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由於醫學昌明，醫療進步，許多人到了70來歲之齡，健康狀况與過去相比，恍如50來歲的人；若他們願意或期望繼續工作，社會理應給予機會和空間。如果在規定上年齡不設限，由僱主按健康狀况決定是否聘用，應該是較公平合理的安排。因應老年社會，政府已經研議延長公務員年齡，以應對工作人口減少，那麼在其他行業、工種，當局也應全面檢視，撤銷或調整年齡規限，改由健康狀况去決定一個人是否適宜繼續工作。這是施伯「假證保安」衍生出來的問題，政府宜回應處理。

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明報社評2015.05.06

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

William Tsang

Senior Lecturer, HKCC

www.hkcc-polyu.edu.hk/staff_directory/social_communication/details.php?id=75&lang=eng

焦妮娜

香港理工大學專上學院講師

www.hkcc-polyu.edu.hk/staff_directory/social_communication/details.php?id=108&lang=chi

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