【新唐人2014年08月19日讯】香港终审法院前首席法官李国能和现任首席法官马道立，近日接连表态，强调香港的司法独立，法官和法庭判案不应该受其它因素影响。他们的发声加上香港律师公会，刚刚投票罢免亲共会长林新强，对中共出台的“白皮书”形成“三连击”。
香港律师会8月14日晚上举行特别会员大会，并以2392票赞成对1478票反对，通过了对现任会长林新强的“不信任动议”。
有关动议是由“香港律师会宪制及人权事务委员会”委员任建峰，与资深律师蔡家玲发起，并得到了160名律师会员的联署支持。律师们不满林心强日前曾公开表态，支持国务院新闻办发表的，有关香港一国两制“白皮书”的有关言论。
大律师公会前主席、立法会议员梁家杰认为，香港律师会做出了史无前例的举动，表达了香港律师对于“白皮书”的关注。
他介绍说，14号晚上一共有三个决议案。第一个、就是要求律师会收回林会长关于“白皮书”的言论。第二个、是要求律师会发一个声明，再一次说明香港司法的独立跟法治的精神。第三个、才是表达对林会长的不信任。三个提案都以很高的票数通过。
他认为这些信息很清楚的表达出香港律师界的心声，就是认为“白皮书”的确是从根本上挑战香港现在的一国两制和司法独立。这次三个决议是为律师会讨回一个公道。
参与发起不信任动议的“律师会宪制及人权事务委员会”委员任建峰在开会前透露，有同行收到中联办致电，也有中资机构拿着授权票表格上律师行，要求他们签署，反对动议。
由于中共发动强大压力，会前任建峰忧心动议通过机会不大。在看到投票结果之后，提出动议的任建峰等三人非常激动，眼泛泪光。任建峰表示出乎意料，他对香港仍有“企得硬”的律师感到欣慰，同时表示要继续保持警觉。
梁家杰认为，林新强应该接受不信任决议案、辞职。
香港立法会议员梁家杰：“这个要等待他们星期二组委会开会之后，看看怎么样。但是我自己觉得，林会长根本没有留下来的理由，因为你作为一个专业的律师团体的会长，如果有这么多的会员表达对你的不信任，你还有什么基础留下来呢？”
香港终审法院首席法官马道立8月16号出席香港大学的研讨会时表示，“白皮书”引起涉及香港法治和司法独立的讨论。
他认为，法治和司法独立对香港的过去和未来同样重要；法官及法庭判案只会按照法律裁决，不会受其它因素影响；而《基本法》已经订明行政、立法、司法机关三权分立的原则，三者互不隶属；法官获委任与否，其司法专业是唯一考虑因素，不需要再考虑其它因素。
香港终审法院前首席法官李国能15号在《明报》撰文指出，“白皮书”将法官列为“治港者”是不适当的。更加令人关注的是“白皮书”对法官应该“爱国”的要求。社会广泛认为“白皮书”的爱国要求，带有亲中或亲港府的意味，意指支持政府、保护政府利益。但在司法独立的原则下，法官不应该支持或反对任何人或事，“法官没有任何主人”，只对法律本身忠诚。
梁家杰：“所以两位首席法官提出的观点，我想香港人都需要很小心的去聆听，也必须要留意李国能大法官怎么说，如果我们要继续享有自由，我们必须要付出一个时刻都在监察政府的代价，如果我们不能每一刻都小心的警惕，那么很容易我们现在拥有的自由就会没了。所以这是一个非常语重心长提出的一个预警。”
香港亲北京阵营17号发起游行，反对“占领中环”争取普选运动。警方称参加人数超过11万。分析认为，这次是中共动用地下党和所有亲共力量，用所谓的“分化、瓦解和各个击破”的手段撕裂香港、摧毁香港的行动。之前，有关方面召集中共在香港设立的各类地下党组织、团体、商会等，到深圳和广州开秘密会议，就是在部署反占中游行的事情。
采访编辑/秦雪 后制/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
