【新唐人2014年08月19日訊】香港終審法院前首席法官李國能和現任首席法官馬道立，近日接連表態，強調香港的司法獨立，法官和法庭判案不應該受其它因素影響。他們的發聲加上香港律師公會，剛剛投票罷免親共會長林新強，對中共出臺的「白皮書」形成「三連擊」。
香港律師會8月14日晚上舉行特別會員大會，並以2392票贊成對1478票反對，通過了對現任會長林新強的「不信任動議」。
有關動議是由「香港律師會憲制及人權事務委員會」委員任建峰，與資深律師蔡家玲發起，並得到了160名律師會員的聯署支持。律師們不滿林心強日前曾公開表態，支持國務院新聞辦發表的，有關香港一國兩制「白皮書」的有關言論。
大律師公會前主席、立法會議員梁家傑認為，香港律師會做出了史無前例的舉動，表達了香港律師對於「白皮書」的關注。
他介紹說，14號晚上一共有三個決議案。第一個、就是要求律師會收回林會長關於「白皮書」的言論。第二個、是要求律師會發一個聲明，再一次說明香港司法的獨立跟法治的精神。第三個、才是表達對林會長的不信任。三個提案都以很高的票數通過。
他認為這些信息很清楚的表達出香港律師界的心聲，就是認為「白皮書」的確是從根本上挑戰香港現在的一國兩制和司法獨立。這次三個決議是為律師會討回一個公道。
參與發起不信任動議的「律師會憲制及人權事務委員會」委員任建峰在開會前透露，有同行收到中聯辦致電，也有中資機構拿著授權票表格上律師行，要求他們簽署，反對動議。
由於中共發動強大壓力，會前任建峰憂心動議通過機會不大。在看到投票結果之後，提出動議的任建峰等三人非常激動，眼泛淚光。任建峰表示出乎意料，他對香港仍有「企得硬」的律師感到欣慰，同時表示要繼續保持警覺。
梁家傑認為，林新強應該接受不信任決議案、辭職。
香港立法會議員梁家傑：「這個要等待他們星期二組委會開會之後，看看怎麼樣。但是我自己覺得，林會長根本沒有留下來的理由，因為你作為一個專業的律師團體的會長，如果有這麼多的會員表達對你的不信任，你還有甚麼基礎留下來呢？」
香港終審法院首席法官馬道立8月16號出席香港大學的研討會時表示，「白皮書」引起涉及香港法治和司法獨立的討論。
他認為，法治和司法獨立對香港的過去和未來同樣重要；法官及法庭判案只會按照法律裁決，不會受其它因素影響；而《基本法》已經訂明行政、立法、司法機關三權分立的原則，三者互不隸屬；法官獲委任與否，其司法專業是唯一考慮因素，不需要再考慮其它因素。
香港終審法院前首席法官李國能15號在《明報》撰文指出，「白皮書」將法官列為「治港者」是不適當的。更加令人關注的是「白皮書」對法官應該「愛國」的要求。社會廣泛認為「白皮書」的愛國要求，帶有親中或親港府的意味，意指支持政府、保護政府利益。但在司法獨立的原則下，法官不應該支持或反對任何人或事，「法官沒有任何主人」，只對法律本身忠誠。
梁家傑：「所以兩位首席法官提出的觀點，我想香港人都需要很小心的去聆聽，也必須要留意李國能大法官怎麼說，如果我們要繼續享有自由，我們必須要付出一個時刻都在監察政府的代價，如果我們不能每一刻都小心的警惕，那麼很容易我們現在擁有的自由就會沒了。所以這是一個非常語重心長提出的一個預警。」
香港親北京陣營17號發起遊行，反對「佔領中環」爭取普選運動。警方稱參加人數超過11萬。分析認為，這次是中共動用地下黨和所有親共力量，用所謂的「分化、瓦解和各個擊破」的手段撕裂香港、摧毀香港的行動。之前，有關方面召集中共在香港設立的各類地下黨組織、團體、商會等，到深圳和廣州開秘密會議，就是在部署反佔中遊行的事情。
採訪編輯/秦雪 後製/李勇
Hong Kong Chief Judge: Judges Are Not Supervised
The Former Chief Justice of Hong Kong Andrew Li Kwok-nang
and the current Chief Justice Geoffrey Ma Tao-li recently
expressed their attitudes regarding the White Paper
on Hong Kong.
They stressed that Hong Kong’s judicial system maintain
independence.
Judges and court cases should not be affected
by other factors.
Their voices, plus the Hong Kong Bar Association
vote to dismiss pro-Chinese Communist Party
(CCP) President Ambrose Lam, has formed a “trifecta"
against the white paper issued by the CCP.
Hong Kong Bar Association held an Extraordinary General
Meeting on Aug. 14, and passed a “no-confidence motion"
on the incumbent president Ambrose Lam
with 2392 to 1478 votes in favor.
The motion was initiated by the members of Constitutional
Law Society and Human Rights Committee Kevin Yam
and senior lawyer Cai Jialing, and supported
by 160 signatory members lawyers.
Lawyers are not satisfied with the relevant speeches
recently given by Ambrose Lam publicly in support
of the White Paper on Hong Kong published
by the CCP’s State Council Information Office.
Former President of the Bar Association, legislative councillor
Alan Leong Kah-Kit believes that the Association
has made an unprecedented move by expressing the
attention Hong Kong lawyers’ have given to the White Paper.
He said that on the night of Aug. 14th,
there were a total of three resolutions.
The first asks President Ambrose Lam
to revoke his remarks on the White Paper.
The second requires the Bar Association once again
to send a statement about the spirit of the rule of law
in Hong Kong, and the independence of the judiciary.
The third is an expression of no confidence
in president Ambrose Lam.
Three resolutions were all passed
with a large number of votes in favor.
He believes that such information clearly expresses
the aspiration of Hong Kong lawyers who believe
the White Paper indeed fundamentally challenges
the current Hong Kong regime of one nation
with two systems, and the independent judiciary.
The three resolutions seek justice for lawyers.
Kevin Yam, one of the members of Constitutional Law Society
and Human Rights Committee, also involved in the initiation
of the no-confidence motion, revealed that prior
to the meeting, some lawyers received calls from
the Liaison Office of the CCP in Hong Kong.
Some employees of Chinese state-owned companies
or companies owned by Mainland Chinese even visited
lawyer’s office to appoint lawyers as companies’ consultant
but required lawyers to sign for the opposition motion.
Due to strong pressure from the CCP, before the meeting,
Kevin Yam worried that the motions were unlikely to pass.
However, after witnessing the results of the voting,
three of the motions’ initiators, including Kevin Yam,
felt very excited and were on the verge of tears.
Kevin Yam said it’s unexpected, and he was pleased
with the fact that Hong Kong has conscientious
and steadfast lawyers, but he said they need
to remain vigilant.
Alan Leong Kah-Kit believes that Ambrose Lam
should accept the resolution of no confidence and resign.
Hong Kong Legislative Councillor Alan Leong:
“This needs to wait to see what happens after the meeting
of the group committee on Tuesday.
I think that Ambrose Lam has no reason to remain
President, because he, as a President of a professional
lawyers association,
if there are so many members distrustful of him,
what basis can support his staying?"
When the Chief Justice of the Court of Final Appeal
Geoffrey Ma attended the seminar at the University
of Hong Kong on Aug. 16, he said the White Paper caused
the discussions on the rule of law and independent judiciary.
He believes that the rule of law and independent judiciary
are equally important to Hong Kong’s past and future.
Judges and the courts will decide cases in accordance
with legal rulings, and will not be affected by other factors.
While the “Basic Law" has been prescribed as the principle
of separating administrative, legislative and judicial powers,
and these three powers are in non-subordination
to each other.
Judge appointed or not is the only consideration in the legal
profession, and there is no need to consider other factors.
Chief Justice of Hong Kong Andrew Li Kwok-nang
published an article in Ming Pao on Aug. 15
which points out that the White Paper listing judges
as administrative staff is inappropriate.
What is even more concerning is the patriotism requirement
of White Paper on the judges.
The public widely considers the patriotism requirement
of the White Paper to mean pro-CCP or pro-HK Government,
which indicates to support and protection
of the Government’s interests.
However, based on the principle of judicial independence,
judges should not support or oppose any person or thing,
“the judges have no boss" and they are loyal only
to the law itself.
Alan Leong Kah-Kit: “So for the views put forward
by the judges, I think Hong Kong people need to listen
very carefully.
You must also pay attention
to what Andrew Li Kwok-nang said.
If we want to continue to enjoy freedom, we have to pay
the cost of monitoring the government all the time.
If we cannot keep careful vigilance at every moment,
then we could easily lose the freedom we now have.
So this is a very earnest warning."
On Aug. 17, Hong Kong’s pro-Beijing camp launched
a demonstration to oppose “The Occupation Central
Movement" and fight against the universal suffrage
movement.
Police said the number of participants
was more than 110,000.
Analysts believe that the underground Communist
members and all pro-Communist forces are tearing
and destroying Hong Kong with so called “differentiation,
collapse and crushing one by one" means.
Before the demonstration, the authorities summoned
all kinds of Hong Kong underground Communist Party
organizations to attend secret meetings in Shenzhen
and Guangzhou. which were for arranging a parade.
Interview & Edit/QinXue Post-Production/LiYong
