/ P2 B9 o1 v- F( \( S4 P5.39.217.762011年5月 公民黨律師協助東涌居民提出司法覆核，嘗試推翻港珠澳大橋環評報告，曾蔭權不點名抨擊公民黨，以環保之名濫用司法程序阻撓基建工程 ; B4 n/ D5 I; _5 V公仔箱論壇tvb now,tvbnow,bttvb& Q" R; p. O [# L 終審法院主動要求人大第四次釋法tvb now,tvbnow,bttvb9 I& @* z% ]4 z x
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2011年8月, D/ W5 Y/ |! s5 M; R p
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5.39.217.76$ V$ _, F9 c6 O& N( ^( L+ `& X A
3 I5 N8 b4 m" z) y Y6 R2012年5月 + W: D; k4 ^' \5.39.217.76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+ y0 j' |9 c' e' q9 `
tvb now,tvbnow,bttvb P9 F' w& n8 _ 港區人大施壓 要求釋法 3 Z; l- B* o& s2 S# x/ m9 z5.39.217.76 4 f/ Z* v5 H, o- p2 J" Z: U5.39.217.762012年3月公仔箱論壇* C: j" Y: ^# V0 L) o* T! P$ N
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。 2 A7 `- W$ \/ Htvb now,tvbnow,bttvb & p' [- m b7 ?+ u( J% `公仔箱論壇梁愛詩批評香港法官不認識中港關係tvb now,tvbnow,bttvb/ ^5 f, q' D: w4 P0 T* f
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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。5.39.217.76, r3 E' }3 g, A( K$ W8 R- L# G) B
' D0 a$ G2 Q- v2012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.） / T7 e% H9 L+ }8 }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。& G" y$ W7 q4 q6 Y$ Z# D 包致金臨別講話全文 4 ?; L+ f& ^* r9 m+ _- K: ] 9 V8 h, z; O: F: i6 WTVBNOW 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。[attach]1887042[/attach]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。# j0 N' h6 b; a, s
tvb now,tvbnow,bttvb& ?/ U! Y' G& |9 d1 `
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*。tvb now,tvbnow,bttvb% F, X0 A5 h# b8 D; B
. ~/ w7 j2 c) t8 { (Q: elaboration of storm cloud)& N4 G9 ^3 G' L6 S* f6 _
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.5.39.217.76( a) G0 ^) Y4 j; 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。2 e& e0 O& f9 H' X$ a8 U 公仔箱論壇 _ o8 g2 o* G* `6 g
(Q: Elsie Leung criticizing the judges) 8 P5 N( E! c& j3 z" F6 dWell 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., w8 g3 t* p. `9 s) r# h9 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。, w. V- {; z* q2 {+ U" Z2 p5 A* F tvb now,tvbnow,bttvb( e4 z) p$ w- T1 v
(Q: whether Leung's comments would affect the judges)公仔箱論壇+ q) @4 `' ]3 h( L( ^7 H4 X: u
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.tvb now,tvbnow,bttvb/ q; E8 L4 J' n2 O- e( n, J6 }* D
" D' `, D; U2 Z: i" V" Q5 d公仔箱論壇 / R( ?" ^8 v; |* B(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。5 v0 \) a- Y7 b P3 m& X2 V
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. [' ?) ~8 [+ `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。tvb now,tvbnow,bttvb& w8 E2 b, j3 ?9 |2 O# R: J& Y' w (Q: Leung saying she has freedom of speech)( ~$ x1 A, R4 u. n4 p2 n# t' _
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. ; f& r2 s+ p3 uTVBNOW 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 T7 Q3 P5 A7 Y; _1 o公仔箱論壇 7 l4 g) X0 @5 d2 a; ~8 q$ R' d. j5.39.217.76(Q: CJ's reaction) ; N$ G. o6 f' MI 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.5.39.217.76! `; A" u G9 }4 k* ~& ] ) m7 }3 m- D0 V2 xtvb now,tvbnow,bttvb 9 P( ~( o% c" C4 v# g9 B9 o# e(Q:Leung saying judges have made some mistakes)& p, X$ K9 |% x: ~- \ c* `
[smile]I believe she thinks we have. But we haven't.1 Y5 u: @; r& K# Q" f4 a8 S" f' D
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(Q: Leung emphasizing judges should consider the relationship between HONG KONG and China)公仔箱論壇6 ]- z" v6 E+ ]# P# p
No judge can fail to consider the relationship, when the relationship is the one under the one country two systems principle.公仔箱論壇9 b' l- }3 S# r
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公仔箱論壇3 H2 j8 |* F% y6 K (Q: storm cloud) , T# Z c; x2 g, @6 b* A% }4 c5.39.217.76I 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. . b( ~/ B t/ P" N$ [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% E. [2 e& b# G+ Etvb now,tvbnow,bttvb公仔箱論壇# l U; B5 ^+ F- l2 Y
2 g+ Y0 \& [( } ?( ` (Q: about CY Leung)tvb now,tvbnow,bttvb/ c5 f! t+ U, n9 l/ v
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.5 J6 n6 n- w$ g8 S- p* T1 J: H
" W" \2 K& g c2 f) hTVBNOW 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。 5 N+ c! }1 Y2 |+ L+ d) S+ z3 f* y(Q: whether judges no longer dare to give independent judgment like you)tvb now,tvbnow,bttvb) J3 {3 G" j! k
No,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.5.39.217.76 \: d1 A5 P' [
8 w+ i L8 Y3 M% t! o$ pTVBNOW 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 e* A, F7 }0 x6 W公仔箱論壇(Q: storm cloud) K" }% E1 R( O8 g# @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. ) G+ K6 G; Z. C/ ~5 qTVBNOW 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。" c! Y. C. ~7 H) K+ j8 i
I 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. $ z( I) d" ?3 [' ^tvb now,tvbnow,bttvb5 W* s. O1 P5 L4 f% \
$ G; Q/ w2 H2 j7 d3 V4 l5.39.217.76TVBNOW 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' G% L- C" v% d/ K (Q: are there more people disrespecting the principle?)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 c6 `, a) R5 T
No 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. / d* [; q- G' K: g5 Atvb now,tvbnow,bttvb5.39.217.76, A7 L3 i. z/ `( Z
4 H+ b) Z4 A3 LTVBNOW 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: about dismissal) 2 p8 ^9 M. E+ I7 n T' Ktvb now,tvbnow,bttvbWho 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. 8 ]. Y1 F7 P( ?9 `$ I/ D公仔箱論壇 " f0 e7 j; H p8 m- C2 e( J( S公仔箱論壇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. ) q+ z& H$ W, [! e5.39.217.76 6 m( D1 D: c& e! WTVBNOW 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。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. * a0 m# F8 r4 B0 W1 G) f公仔箱論壇 x. L" q) _# QYou'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. 3 K0 r: @; J/ c5 j% ~; ~7 X( P公仔箱論壇 : j" ?/ H: S( W& N3 H# M: rIf 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. + u: j- N9 T, [4 m# w; x5.39.217.76 ) U* u T$ B. e5 |5 A/ {2 gtvb now,tvbnow,bttvb & H. h, `5 o9 M2 sTVBNOW 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: feeling of retirement)) P9 x; B7 [/ W/ R/ s- 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.5.39.217.76( @, w5 Q9 r4 \$ K+ U2 e/ z) A
" z' q8 x+ ?3 D7 i; p 3 Q5 r# P* q; o8 Z' d! qtvb now,tvbnow,bttvb(Q: interpretation of Basic 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。) h6 K3 W ~5 d
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.5.39.217.76% a/ m8 l* z5 u& ^+ m: m- G
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(To media)Thank you very much. Continue to do your good work. " `/ u0 u0 z3 [* v! w1 xTVBNOW 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。( z1 `7 _( M% z& ^ |
8 S/ s/ o8 ]0 G, m& o(Q: few words to the public)公仔箱論壇. \( O0 n: j5 R. W/ t1 H
We're very lucky to have free media in HONG KONG. " C7 v1 O! d$ I- ^: g/ p$ s7 {2 N4 X; b+ Utvb now,tvbnow,bttvb - f$ M# _% C% x) G' ctvb now,tvbnow,bttvb作者: lenway 時間: 2012-10-27 10:36 AM
