* y/ d7 _$ p; I+ L0 k+ }; }! H2011年8月 $ m& y$ T3 G3 n# s, B$ W5.39.217.76終院破天荒主動尋求人大釋法,要求人大解釋香港是否須要跟隨中國實行外交豁免權。時任終院法官包致金反對尋求釋法,認為一國兩制之下,香港法庭未必須緊隨中央,惟終院最後以三票贊成、兩票反對,通過尋求釋法 ) V4 |& ?+ S3 |7 ?3 [3 M公仔箱論壇5.39.217.76, l# R2 f1 n! C7 h. z: T# o0 T
2012年5月 / f8 F, R, h# z" ]4 M7 B p# r0 zTVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。包致金出席記協晚會,指法官判案時,不應該「為恐怕被再詮釋而尋求某種詮釋」(to seek an interpretation for fear of a re-interpretation),對主動尋求釋法的批評,呼之欲出/ v2 _1 d% v+ m8 p2 I) S! D
tvb now,tvbnow,bttvb, M$ } g0 b* T/ {2 N! F/ j 港區人大施壓 要求釋法tvb now,tvbnow,bttvb$ I1 P' r' Z- `+ }- Y* Z* s" q
6 Q9 O8 \: Q5 p; ~3 A: c6 q2012年3月tvb now,tvbnow,bttvb0 Q) h1 k6 Z" n) R" R
30名港區人大代表聯署建議人大常委會,研究以釋法解決雙非問題,向政府施壓。 8 y; J! U; e( r% ^ j _4 D% Htvb now,tvbnow,bttvb * {, i) `- K% F# t6 Q7 u( J3 n梁愛詩批評香港法官不認識中港關係 % M' I5 f3 y2 @TVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。 ' u0 X4 O. s- }. W6 n公仔箱論壇2012年 10月 基本法委員會副主任梁愛詩,指責終院在99年就居港權一案判決,說終院無權宣佈全國人大及常委會行為無效或違反《基本法》,批評法官對中央和特區關係缺乏認識。她又指解決雙非孕婦問題,人大釋法是唯一解決辦法。公仔箱論壇0 n, F" q. B/ _
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2012年10月 終院常任法官包致金退休前,指香港法治將面對空前猛烈的風暴(I see clouds of a storm of unprecedented ferocity.) 5 T9 h/ m: f' a+ O8 w4 d) D: s# Q6 ztvb now,tvbnow,bttvbTVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。4 W% ` a# P# Q' ] 包致金臨別講話全文 . v7 _# R; r! }9 d6 ]5.39.217.765 N" R+ G6 Q/ m( s, `
[attach]1887042[/attach]tvb now,tvbnow,bttvb" C# r) j1 z; a7 T4 g
TVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。$ E2 f# @. I3 A! |" g) {+ L/ e- i3 K
司法機構10月24日為終審法院常任法官包致金舉行告別儀式。以下是他出席儀式後會見傳媒的足本講話*。 5 P6 N0 X0 b/ W+ g1 L) JTVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。 3 P- ~6 p+ ~ g# z8 q* D5.39.217.76(Q: elaboration of storm cloud)公仔箱論壇! F5 t& B8 X; N8 }
There were talks about reinterpreting a decision of the courts of long standing. That is one specific matter. And the atmosphere created by the mere fact that this cause of being made, would constitute the rest of it. " _' k# q n& z$ }% @/ {) [ 4 C9 \* T1 c3 s9 Otvb now,tvbnow,bttvb! ?2 }: Y0 d* K
(Q: Elsie Leung criticizing the judges)5.39.217.761 ^; b; K: E y0 \+ ?
Well there were things being said even before Ms. Leung spoke. Ms Leung has expressed her views, which is perfectly entitled to express. But equally people who had disagreed with her, are perfectly entitled to express their disagreement. I happen to agree them.5.39.217.768 y+ K$ C- }, X. Q% S/ r2 |
tvb now,tvbnow,bttvb2 Z; E4 Y" ]8 b# A" n 6 s7 s8 G$ F& h/ m3 }% kTVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。(Q: whether Leung's comments would affect the judges), l1 e- _# A! }! W# g! y7 b k
I don't think so. I have faith in them to decide independently. Sometimes something has to be taken on faith. I know the judges. And other people don't.So I’m not going to insist that I’m right. And those people who worry are wrong. But time will tell. And i think the judges will do the right thing.. L! r* ^; g; r* y5 s) _+ m
) E# K$ ?" G N$ e7 p; m+ a8 Z : j$ b( I' i( f# z3 S6 ?公仔箱論壇(Q: whether independence of justice is being jeopardized)TVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。% H0 S6 q. ]% v% d, z, k: q
No.She expressed her view. You can't jeopardize the independence of justice in Hong Kong, simply by expressing these views. If her views were acted upon, the situation might be different.But people can say what they like. Justice would be very delicate if it was jeopardized every time somebody says something.TVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。8 Z9 d2 L* I. B! m
TVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。) X/ r2 i J1 ]' v# D' J' Q& w; i (Q: Leung saying she has freedom of speech) : ^5 j, E) {- n! L) L公仔箱論壇I think that she did have the right to say it. People who disagree with her have the right to express disagreement. And as I said, I happen to agree with them very firmly. But I don't think we can say that she wasn't untitled to say it.The wisdom of it is a matter of whom to judge. But if you choose to say it,then you're entitled to say it. Free speech is very easy to give other people if you only give them free speech to say what you agree with. But it's often been said by generations of judges, that you truly believe in free speech, ifyou're prepared to () it, to the people whose views who profoundly disagree with, and which you even think are dangerous,this is what free speech is about.tvb now,tvbnow,bttvb' y) ^6 |; C& L% i- l8 H
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(Q: CJ's reaction) * M3 e9 ^8 @( hI suppose it's a bit difficult for him. We have to see what he does. Some people might have wished he would express himself more firmly. Some people think the calls he took was wise. It's for him to judge.TVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。' }4 q% K1 Z6 ` ; J5 o, l2 T' m; u2 B! i8 u/ R. [ U4 G K, Z3 V# z( U- c公仔箱論壇(Q:Leung saying judges have made some mistakes) 8 d6 ~( S- L; m9 ]7 W% h) @TVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。[smile]I believe she thinks we have. But we haven't. 1 x+ R t. _/ {- }8 a* R! g' f公仔箱論壇 0 o) O# H( R2 Y( p5 R/ s8 e' i6 v/ o( Q1 p* ~# a
(Q: Leung emphasizing judges should consider the relationship between HONG KONG and China)5.39.217.765 y- t& E' g) d8 v+ G
No judge can fail to consider the relationship, when the relationship is the one under the one country two systems principle. 3 e* b e+ I0 |& mtvb now,tvbnow,bttvb公仔箱論壇" v1 p: k& F. C1 q: T
" p2 a# x7 \+ c) v公仔箱論壇(Q: storm cloud) " Q& [2 Z' B' F) k7 x T1 SI describe it as clouds of storm of unprecedented ferocity. I chose those words carefully. I think that's exactly what it is. But if your faith in rule of law is only when there are no problems, then you have no faith in rule of law a tall.TVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。3 y7 m' ~/ y! D! h, n/ e
Remember that the free media is itself a very powerful component, may be the most powerful component in the defense of rule of law. So you're not just bystanders, you're the major players, may be THE most important player in it. I feel sorry of people who just sit and worry about it, but they don't include you. You're the free media and you have voice. You should use your voice. 3 l$ ^1 w4 R4 {. q, Utvb now,tvbnow,bttvb8 Y" }) X4 \ _) C
tvb now,tvbnow,bttvb! ^8 W3 {. D+ E/ ? (Q: about CY Leung)5.39.217.76 `' `. T1 s! X' Z" t7 C
People of Hong Kong understand their rights. And I don't think things have changed. I don't think things would have been any different if there have been a different chief executive. The commitment of the people to rule of law and freedom of HONG KONG is unshakable.公仔箱論壇' C1 A2 Q8 p3 W2 x- n) v3 Y7 W. Y
; _1 A/ Y3 K z" F9 _ : x) T) a5 D# F# M. }2 w4 @0 h( nTVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。(Q: whether judges no longer dare to give independent judgment like you) , {) _' v" `' r, Rtvb now,tvbnow,bttvbNo,I have no reason to doubt their courage. We have seen things differently. And I am sorry that I won't be there with them in times ahead. After midnight tonight I’ll be non-permanent judge. I suspect the cases they ask me to deal with will not be those type of cases. After all if they want me to deal with those cases, they will ask me to stay on. Therefore I won't be share these difficulties with my brothers and I’m sorry for that. But I have faith in them. 7 G7 G# A7 |* K) eTVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。 / ?% [/ G( _2 x- Y, gtvb now,tvbnow,bttvb z X, ]3 j% O (Q: storm cloud)TVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。/ a$ m/ ?1 l8 i
I think the storm cloud comes from anybody, whether he or she may be, who doesn't appreciate the one country two systems principle. Now why was this principle necessary to be clear? Once the handover took place, it would be one country.Nobody would have articulated the one country principle, because it's so obvious. The one country two systems principle design, is to emphasize that despite the fact as one country, it is two-systems. $ n, \ ~$ z" I/ J0 j2 j5.39.217.76 , J2 ?; I5 z4 n5.39.217.76I don't think that I’m interested in identifying particular individual for where they come from. If you do not understand this principle, and everything it means to the ordinary people of Hong Kong, then you're generating the storm that I’m talking about. ! R: U/ V8 r# F! [5.39.217.76公仔箱論壇/ y4 g( V. m0 \1 A$ s
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5.39.217.76! l9 _+ h6 S- |$ l) n (Q: are there more people disrespecting the principle?) / X9 W4 p% `* lNo I don't think it's drawing in numbers. May be they're raising their voices more than before. I don't think it's more people. In fact I think there are more people now who respect the system than when I started (my career), simply because some people who were born when I started have now grown up to the age of knowledge and understanding. So the number of people that understands the system and the rule of law has grown, not diminished. * g- h6 L: o" O, \, @0 P% Z公仔箱論壇TVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。: y6 u- j/ B) b$ G
公仔箱論壇 O! d) B- Q, f D (Q: about dismissal)tvb now,tvbnow,bttvb/ c0 x* u+ m1 m. Z" O
Who knows? I give my judgment. I don't want to speculate. If I was denied, that I’ve in fact been dismissed, then some people would say, what if his denial is wrong, either because he is saying that he hasn't been dismissed even though he has, or because he believes that he hasn't been dismissed when he has?Supposing(ly) I just denied that, it wouldn't be a good idea.1 l) X4 l. I A" c
, F5 B9 C, o; F; {TVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。So let me say this. If you don't think it's a problem, that's the end of it. If you think that it's a problem, then whether you're member of the media, the profession or the academy or anything else, that should not diminish your determination to uphold the rule of law. That should increase your determination. ' c( I' L. w! ^5 x0 z/ Mtvb now,tvbnow,bttvb $ c# Q' p" G' T( M2 E公仔箱論壇Let’s not worry about what has happened to me. Let’s just say, assume the worst if you like. That doesn't diminish your duty to uphold the rule of law. It increases your duty to uphold the rule of law.TVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。' T {& u/ c& K
& P9 s% m3 M9 C0 H/ v- c7 w2 xYou're the media. You have a role to play. Therefore you're the farthest to worry about than anybody else. People who feel powerless would just feel that they're tossed in winds of events. But you people make things happen. So don't be discouraged.tvb now,tvbnow,bttvb1 r- J3 e/ ~. l/ y
3 S3 ~, E: G" I: c3 p% V; ^tvb now,tvbnow,bttvbIf you think there's any problem that should increase your determination to support the judiciary. If you think there's no problem, that's fine. If you think there's a problem, you have to support the judiciary more than before. I have great faith in the judges. 5 n _/ a# h4 a* K3 V, U7 Z6 B( itvb now,tvbnow,bttvb $ e7 B- R2 w6 w6 o . o; F8 y- e! V4 s1 C* D9 I5.39.217.76(Q: feeling of retirement)tvb now,tvbnow,bttvb9 A% ^6 x7 ]5 w8 Y0 Q& c2 z- x' A
I’m sorry to go. I will be going to active retirement and it does give more time for the family. I’m not unaware of the positive sides of it, but on the whole I’m sorry to go. Mainly because there may be problems and I will be on the sidelines. It would not be pleasant not to be there for the most difficult times. But whatever happens it happens.5.39.217.762 Q7 L0 \* B0 r& S
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tvb now,tvbnow,bttvb9 a7 u5 M2 P- m7 }/ M& @ (Q: interpretation of Basic Law) 9 N# l# \: F( l' i0 aTVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。The duty of the court to seek an interpretation is laid down by the Basic Law. And the basic law contemplates that the court will discharge that duty. And the court should discharge that duty in those cases where an interpretation is sought. But if the court doesn't seek an interpretation, then i think seeking reinterpretation is fundamentally wrong. 0 U) G" L7 F, U$ z6 [2 @公仔箱論壇) g" z: `# N9 l- v
(To media)Thank you very much. Continue to do your good work. " r7 _; a$ r5 w/ P& S, bTVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。 1 a- c) R0 u. T" m$ R. g& ~5.39.217.76 ; B: n/ ` @) n; L0 |TVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。(Q: few words to the public)tvb now,tvbnow,bttvb! [3 _0 ^1 f F! c* W
We're very lucky to have free media in HONG KONG.tvb now,tvbnow,bttvb# j6 P5 z1 P1 a5 G2 O
: g, o' m) C+ Z0 C* X& i. O, @5 Mtvb now,tvbnow,bttvb作者: lenway 時間: 2012-10-27 10:36 AM
+ Q1 o5 w9 s& e; {# v魯平及陳佐洱硬砌港獨蔓延,要嚴正應付,從意識形態鬥爭角度來看,並不尋常。對港情稍有認識者,都不會贊同港獨蔓延之說。遊行示威高舉港英時代龍獅旗,不足以推論出港獨巳成勢。網民不滿政治現狀,所以才有高舉龍獅旗行為。真正港獨既要有政治論述及行動綱領,並付諸實行。近月真正提倡港獨,只有立法會議員鐘樹根在咭片上印上People's Republic of Hong Kong,即香港人民共和國,而事後他已澄清是助理手文之誤。5.39.217.763 c& r. i+ k' r6 z$ \. Q
]' F# s P' P1 Q" Q8 k9 }6 {今次港澳辦前高層官員高調砌港獨,梁振英駁斥城邦自治論互相呼應,香港人需要正視。從政治鬥爭角度而言,硬砌港獨可以達到以下幾個目的: 3 I, ~7 w5 y+ w. K# s' s+ @ 2 w$ [! ^# x# w- B, J; \TVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。1)嚇窒本土社運:七一有近四十萬人上街反梁振英,七●廿九有七萬上街反國教,九月初十二萬人包圍政府總部,社運抬頭已成勢。一旦將社運與港獨拉上關係,自然會令一般中產群眾有戒心,因港獨並非香港主流。TVBNOW 含有熱門話題,最新最快電視,軟體,遊戲,電影,動漫及日常生活及興趣交流等資訊。, O6 ]: l2 v8 ~% r' n