在此報告，我們概括了2018年度影響香港法治的事件，提供法律分析，並向政府及其他持份者作出建議。(Great thanks to our team and media friends for making the launch of our inaugural Rule of Law Report a success! In our Rule of Law Report 2018, we record events which affected the rule of law in Hong Kong in 2018, provide legal analysis of the same, and make recommendations for the government and stakeholders.)
Written in 2019, a report on Hong Kong’s rule of law may make for uncomfortable reading – but to the authors, it is also a reminder that there is much work to be done. Next month the Progressive Lawyers Group (PLG) will launch what it hopes will be an annual tradition: a record of major events affecting Hong Kong’s rule of law, paired with its own legal analysis and recommendations.
2019年2月12日，香港特別行政區政府（「特區政府」）保安局向立法會保安事務委員會提交修訂香港法例第503章《逃犯條例》以及第525章《刑事事宜相互法律協助條例》的建議（「該建議」）。若該建議修訂獲通過，特區政府將能夠移交刑事案件的疑犯至尚未與香港簽訂正式雙邊引渡協議的司法管轄區（「非協議地區」），包括中國內地、台灣和澳門 (On 12 February 2019, the Security Bureau of the Hong Kong SAR government submitted a proposal (the “Proposal”) to the Legislative Council’s (the “Legco”) Panel on Security to amend the Fugitive Offenders Ordinance (Cap. 503) (“FOO”) and the Mutual Legal Assistance in Criminal Matters Ordinance (Cap. 525) (“MLAO”). If adopted, the amendments will allow the SAR government to surrender suspects in criminal cases between Hong Kong and jurisdictions with which the SAR has not entered into a formal bilateral extradition agreement (“non-contracting jurisdictions”), including mainland China, Taiwan and Macau).
該言論反映律政司背離了其長久以來的一貫政策，這是十分危險的。因為它破壞了律政司在公眾認知中不偏不倚的形象和誠信，同時亦削弱市民對香港法治的信心。毋庸置疑，大眾亦關注是次事件會否成為先例，為日後選擇性檢控政府官員提供藉口。(The Remarks show that there is a departure from the DOJ's longstanding policy, which is dangerous as it would undermine public perceptions of the impartiality and trustworthiness of the DOJ and reduce public confidence in the rule of law in Hong Kong. No doubt the public would also be concerned as to whether it would become a precedent for excusing the prosecution of government officials in the future on a selective basis.)
On Wednesday, the Department of Justice (DoJ) finally issued a statement on the ICAC investigation into allegations of corruption and misconduct in public office against the Hong Kong ex-Chief Executive Leung Chun-ying and lawmaker Holden Chow.
A fringe pro-independence party and a historic journalists’ club have been thrust into the forefront of the intensifying battle over free speech and the rule of law in Hong Kong, a semi- autonomous Chinese territory that has long prided itself on its civic freedoms.
A tiny and previously little-known political party with no presence in the legislature would have languished on the fringes of Hong Kong’s political sphere were it not for attempts by the city’s government to crush the group.
Now, the Hong Kong National Party finds itself in the limelight, raised to an unaccustomed level of prominence in a dispute that is fast becoming a test for the city’s autonomy.
眾新聞和立場新聞聯合主辦「法治危機 — 這條路能怎樣走下去？」座談會，邀請立法會前法律界議員吳靄儀、大律師公會前主席李志喜、「法政匯思」召集人吳宗鑾擔任主講嘉賓。
Multiple civic groups and student unions expressed strong concerns over the government’s proposed ban on the pro-independence Hong Kong National Party (HKNP), saying the planned clampdown amounts to curbing free speech and other constitutional rights.
A demonstration has been called for Saturday to voice the feelings of various groups that are opposed to the administration’s plans, the Hong Kong Economic Journal reports.
Regrettable. That was Chief Executive Carrie Lam Cheng Yuet-ngor's response to critics of the six-year jail term imposed on localist leader Edward Leung Tin-kei for rioting. Meanwhile, a spokesman for the Progressive Lawyers Group, Chris Ng Chung-luen, questioned the High Court's refusal to take personal background as a mitigating factor. Speaking on a radio program, he said the court has the responsibility to rehabilitate people, meaning it should consider basic mitigating factors.
最近復活節假期，抽空看了去年上映、由馬田史高西斯執導的宗教電影《沉默》（Silence）。相信很多讀者－－尤其是基督徒－－都對這部鉅著不會陌生。 和很多普通觀眾一樣，我看完也是帶著一堆問號離開的。 走去跟神父求教，獲贈的卻是句很玄的「在沉默中，依然相信」。作為一個「俗家弟子」，暫且撇開艱澀的神學不談（免得班門弄斧），就談談這部電影讓我立即聯想到的兩三事。
我們維持我們的看法——即政府提出的一地兩檢安排，將無可避免地違反基本法。(We maintain our view that the co-location arrangement will inevitably violate the Basic Law.)
Police are looking into complaints filed against Hong Kong’s beleaguered justice minister, with sources saying one line of inquiry will be whether she “intentionally misled” a bank to secure a mortgage without mentioning an illegal basement at her house.
Amid calls from Hong Kong’s pro-Beijing elite for sweeping new national security laws, government advisers and lawyers say the legislation is likely to be tougher than proposals shelved 14 years ago, raising fears about the city’s cherished freedoms.
Those demanding urgency for the long-delayed Article 23 are using a fledgling independence movement in the former British colony as justification – even though the independence debate would have been allowed when Article 23 was first proposed in 2003.
Lawyers, diplomats and activists fear the new pressure could lead to legal “overkill” in an open city already struggling with increased interference from Beijing’s Communist Party rulers.
As he curled his spindly legs around the metal bars, the sight of the bespectacled teenager with his floppy mop of hair valiantly trying to scale the three-metre-high barrier, along with fellow student leader Alex Chow Yong-kang, galvanised others into action.
Another youth leader, Nathan Law Kwun-chung, then on stage at the demonstration, called on the others to join in the storming of the forecourt that they had dubbed “Civic Square”. They wanted to “reclaim” the space that had been the site of previous protests, they declared.
近日我們的律師成員Leo Ng出席了由明愛青少年及社區服務舉辦的「寒戰2」小型電影分享會，與青少年分享他對法治的看法。(Our solicitor member Leo Ng attended the “Cold War 2” movie sharing session held by Caritas Youth and Community Service to share his views on the rule of law with young people.)