黃仁龍為曾蔭權的求情信

Ok_Scientist_691 | 1 points | Feb 22 2022 09:32:44

黃仁龍為曾蔭權的求情信

回望曩昔方知云云香港特首中曾蔭權殆最佳者而當時不覺。任期間力抵共匪赤染社稷無事向北面南皆有節操。雖香港樓價高企亦自曾蔭權始抑彼亦無使香港遽變不失為蕭規曹隨無功無過。然其下場堪坷因受賄委身囹圄而後上訴得直獲釋洗雪污名力保晚節幸甚。

而黃仁龍者曾麾下之律師司司長公正不阿護持法治嘗於曾下獄時為之繕文求情余閱斯文反覆揆度深惟旨趣奧遠意有所指是故試譯之

I have known Mr Donald Tsang since 2005. As Secretary for Justice (SJ), I worked closely with Donald as Chief Executive (CE) between October 2005 and June 2012. In addition to official dealings, I consider Donald to be a good friend and someone I admire for his dedication to public service.

我自2005年便認識曾了，於05年到12年以律政司司長身份與他緊密共事。公餘時，我把他當作好友，亦欣賞其致力奉公。

Donald's over 40 years of service and contribution to Hong Kong is a matter of public record. Others will speak to his key role in helping Hong Kong weather through stormy financial crises. Here I would refer to his significant contributions to the public based on my own personal experience particularly in the area of the rule of law in Hong Kong.

曾服務及貢獻香港逾40年，公眾有目共睹。有人或者會提到他曾經幫助香港度過金融風暴，然而我欲於此就著我的個人經驗，尤其是在法治方面，敘述他對香港的貢獻。

During my 7-year tenure as SJ, I had on numerous occasions tendered legal advice to Donald as CE. He would sometimes debate with me and test the basis of the advice; but he has never acted against such legal advice. This in itself is a remarkable attribute as the head of the HKSAR.

在我作為律政司司長的七年任期期間，我經常會為特首提供法律意見，而雖然他時常與我辯論這些意見的理據基礎，但從未表示反對。此誠特區首長的卓越品質

Donald always said to me the Governors he previously worked with, however headstrong, would always abide by the legal advice of the Attorney General, and it is important that the CE of the HKSAR should stay that way.

曾蔭權常常向我提及與他共事過的港督，無論他們如何強硬都會遵守律政司的意見，以特首亦應該保持這種作風。

[-] Ok_Scientist_691 | 1 points | Feb 22 2022 10:15:21

Congo Case
剛果案

質言之，香港不可自主外交，須由北京代理

2008年剛果國向中國中鐵批出採礦權以換取對方投資。而美國FG基金公司為剛果債主，故入稟法院，要求中國中鐵以其中約8億港元投資額，為剛果抵債。
One of the most important tasks, if not the most important task, of the CE of HKSAR is to faithfully and effectively implement the principle of "one country, two systems." The power of the Standing Committee of the National People's Congress (NPCSC) to interpret the Basic Law and its exercise have always been considered a major challenge to the post-1997 constitutional order.

特首要務在於信實有效地落實一國兩制。而人大常委會的釋法權，及其如何運用權力，亦被認為是香港回歸後面對的一大挑戰。
During my tenure as SJ, the NPCSC interpreted the Basic Law once in 2011. That was upon the reference by the Court of Final Appeal (CFA) on the question of state immunity. The issue in the case is whether the People's Republic of China’s doctrine of absolute immunity (under which no foreign state can be sued in the court at all) should be followed in Hong Kong. Prior to 1997, Hong Kong’s common law provided for restrictive immunity, where foreign states could be sued if the dispute arouse out of commercial transactions.

在我任期間，人大曾於11年釋法一次。當時終審法院就國家豁免權提請人大釋法，而癥結在於中國所規定的絕對豁免權，亦即他國不能成為法院的審理對象，是否適用於香港。97前，香港的普通法奉行有限豁免權，亦即若然法律紛爭是由商業交易所引起，他國可被法律檢控。
The HKSAR Government lost in the Court of First Instance and in the Court of Appeal. If the Government were to lose again in the CFA, it could stir up serious political and economic repercussions for China particularly vis-à-vis her African friends. National interest of China was at stake. The Ministry of Foreign Affairs was understandably very concerned.

港府已經在高等法院的原訟及上訴庭敗訴，如果再在終審法院敗訴，此將為中國帶來重大政經反響，尤其是對非洲兄弟的關係。在國家利益蒙受風險下，外交部理應十分重要。
Immense political pressure mounted. There were suggestions that Beijing should not take any risk but should consider taking more definitive measures such as an interpretation of the Basic Law before the appeal was heard. If that were to happen, on the eve of the appeal hearing, the damage to judicial independence would not be less than an overriding post-judgment interpretation.

I cannot go into further details for confidentiality reasons. However, I can testify that Donald has been solid and staunch in endorsing my stance against any extra-judicial measure in view of its adverse impact on the rule of law.
Owing in no small part to Donald's endorsement and resolve, the Central People's Government (CPG) was content to trust the HKSAR Government and the CFA, and to leave the appeal to be heard by the highest court, despite grave risk and many conflicting views given by others. At the end, the Government won in the CFA by a majority of 3 to 2. The Court further referred the relevant Basic Law provisions to Beijing for interpretation, as required under Article 158 of the Basic Law, before pronouncing the final judgment. A huge constitutional crisis was warded off. The rule of law had prevailed.
Over this difficult episode, I know Donald had been under tremendous pressure. I remember often times he suffered from acute acid reflux before and major discussions. Yet he stood firm throughout.
As CE, Donald had faithfully discharged the indispensable trust reposed by both the CPG and by Hong Kong. He had the courage to stand by what he believes to be right and the ability to address mutual concerns and to strengthen mutual understanding. He had performed well the crucial bridging role in the two-way process under "one country, two systems" at critical times.