雙語社評齊齊聽

英語 (足本收聽)

普通話 (足本收聽)

【明報專訊】YESTERDAY chaos reigned in the legislative chamber as expected because of the oath-taking trouble. Legislative Council (Legco) president Andrew Leung adjourned the meeting on the grounds that it was impossible to chair it. Such is the nature of the trouble that has arisen from the way Sixtus Leung and Yau Wai-ching swore that controversy will persist even if the verdict on the judicial review (JR) case which the administration has filed and of which the hearing is to begin next Thursday will soon be handed down because what is at stake is two Legco seats. The legislative chamber being the place where the struggle takes place, Legco business will inevitably be held up.

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昨日立法會大會一如所料，由於宣誓風波亂作一團，主席梁君彥以無法主持會議宣布休會。按梁頌恆和游蕙禎宣誓爭議的實質，即使下周四法庭審理政府提出的司法覆核很快就有裁決，由於涉及兩名議員議席之去留，相信屆時引發的爭議不會止息，立法會作為鬥爭前線，議事無可避免受到影響。

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It was not yesterday that legislators' oath-taking ways began to cause controversy. Certain members of the past three Legcos put on shows or declared their politics when they were sworn in. On each of those occasions, the Legco president accepted the particular legislator's oath. No trouble arose because the SAR government and Beijing tolerated them. What has just happened is different from what happened then mainly because Sixtus Leung and Yau Wai-ching have challenged "one country" with the intention of separating Hong Kong from China.

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立法會議員宣誓有爭議並非始於今日，過去3屆都有議員藉宣誓「做騷」或宣示政見立場，獲當時的立法會主席接納過關，政府和北京中央予以容忍，未釀成風波。檢視今昔不同，與議員宣誓的加料實質有關，主要是梁游挑戰「一國」，意圖把香港從中國分離出去。

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None of the oaths members of the three previous Legcos swore departed from "one country, two systems" in form or substance, though they had perhaps additions or omissions. Slogans critical of the situation in China actually evidenced their yellers' links to China. Even the one regarded as "the craziest of all" did not overtly or covertly express anything separatist when he gave his oath. The authorities therefore took no exception. A possible interpretation is that they tolerated what those legislators did, regarding it as consequent on the differences between the "two systems". Now those in the pro-establishment camp take the view that it is against the principle of solemnity for legislators to put on shows when they are sworn in. They think that shows they do not respect their oaths and will not abide by them, what is wrong is regarded by some as right because legislators were allowed to do so and that is why efforts to put things to rights have led to much trouble. This view certainly has to do with the arguments the parties to the JR case in question will put forward at the hearing. We can only wait for the court's ruling. What is most important from the political perspective is that one should never cross the red line Beijing has drawn.

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回顧過去3屆立法會議員宣誓，議員們無論是加料、減料，從方式到內容都未偏離「一國兩制」範疇。一些口號對中國情况的批評，實際上折射他們與中國的紐帶，即使是被認為「最癲」的議員，也未利用宣誓表達或明或暗的分離意識，權力當局就此並未提出異議，可理解為視議員的做法為「兩制」之異，予以包容。至於現在建制陣營認為容忍議員藉宣誓「做騷」，本就違背莊嚴原則，反映「做騷」議員不尊重誓辭，更不會遵守，而過去容許這樣做，演成積非成是，今日撥亂反正則引發風波。這個說法，相信會涉及日後司法覆核的控辯爭議，且待法庭判決，就政治角度而言，最重要應該是未踰越北京中央的紅線。

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The things Sixtus Leung and Yau Wai-ching said and the banners they displayed when they gave their oaths are clearly indicative of gangdu (Hong Kong's independence or Hong Kong separatism). Their body language showed they held the swearing-in ceremony in contempt. It is absurd and totally outrageous for them to have insulted China, our country, with "chee-na" and English swear words. The government's attempt to deal with the trouble with litigation will have a profound impact. If the judiciary is unable to deal with gangdu, the possibility of Beijing taking the matter in hand must not be ruled out. The swearing-in trouble has stripped "one country, two systems" of ambiguity and faced Beijing with gangdu. As a litigant either wins or loses, the case will be a zero-sum game of wrestling. Hong Kong is now in a very unfavourable position because it is open to Beijing to deal with the situation by having Basic Law articles "interpreted". When it is hoped that the authorities will impose as few restrictions as possible and tolerate as much as possible, it is not right to corner them. It is again clear from the trouble that problems will arise unless people recognise the limitations of "one country, two systems" and properly conduct themselves. A big problem has now arisen.

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梁頌恆和游蕙禎的宣誓，從誓辭和展示的標語，「港獨」意涵明顯，身體語言則顯示他們蔑視宣誓儀式，其中以「支那」辱華；以英文粗口辱國，更是荒唐離譜，完全不能接受。政府今次以法律手段應對，影響深遠，設若法庭未能處理「港獨」，不排除北京將會出手。今次宣誓風波，是剝開了「一國兩制」的模糊空間，要北京直接面對「港獨」，循司法途徑解決只有勝負，成為一場零和角力，以香港的位置十分不利，因為北京擁有以「釋法」處理的主動權。因此，期望權力當局盡量少「限制」、盡量多「包容」，就不應該把它逼到牆角。今次風波，再一次說明不接受「一國兩制」有局限，不知所行止，就會出事。現在就出事了。

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明報社評2016.10.27

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

Tony Kwok
Lecturer
www.hkcc-polyu.edu.hk/staff_directory/language_communication/KWOK,_Tony_Chun-tung-111.html

邱蔚
講師
www.hkcc-polyu.edu.hk/staff_directory/language_communication/QIU,_Tina_Wei-367.html