Name: 辭職法官警告：香港法治面臨 "嚴重危險 (Hong Kong's Rule of Law in ‘Grave Danger,’ Resigning Judge Warns)
Uploaded: 2024-06-11T04:46:40.000Z
Duration: 2 min 50 s

Can you tell us a bit more why these three judges have resigned?

您能告訴我們這三位法官辭職的原因嗎？

Yeah, something of a blow at least to the perception of Hong Kong and rule of law here.

是的，至少對香港和這裡的法治觀念是個打擊。

情態副詞

Lord Sumption's op-ed in the FT that you mentioned is probably the sort of clearest explanation.

你提到的薩默塞勳爵在《金融時報》上發表的專欄文章可能是最清晰的解釋。

And he talks not just about those concerns of the quote-unquote totalitarian state, but also this malaise that is hanging over rule of law in Hong Kong.

他談及的不僅僅是對極權國家的擔憂，還有籠罩在香港法治上空的頹勢。

And he talks with sort of quite a level of detail over some of the judges and the pressures that they face.

他對一些法官和他們所面臨的壓力進行了相當詳細的介紹。

That, you know, although local judges, of course, you know, he sort of gives them benefit the doubt in the sense of sort of praising their desire to act independently.

你知道，雖然當地法官，當然，你知道，他有點給他們懷疑的好處，有點讚揚他們獨立行事的願望。

But he talks about the difficulty for local judges to continue operating in an environment where they're being repeatedly called to make patriotic judicial decisions, as well as some of the sort of criticism when they have shown some leniency, when they have, for example, acquitted people or granted people bail in relation to national security cases, the criticism that they face.

但他談到，地方法官很難在一個反覆被要求做出愛國司法決定的環境中繼續工作，而且當他們表現出一些寬大，比如在涉及國家安全的案件中無罪釋放或准予保釋時，他們也會面臨一些責備。

So he lays out in quite a detailed way this sort of backdrop for judges, not just sort of for the Court of Final Appeal, but judges in this city at large.

是以，他以相當詳盡的方式為法官們，不僅僅是終審法院的法官們，而是整個城市的法官們描述了這樣一種背景。

I think the Hong Kong chief executive, John Lee, was chimed in on this issue during this weekly press briefing just a couple of minutes back.

我想，就在幾分鐘前，香港行政長官李約翰在每週新聞發佈會上也談到了這個問題。

I want to play it out for our viewers to see, and then we'll talk about it after.

我想先播放給觀眾看，然後我們再討論。

Judges' professional expertise is on law, based on his legal knowledge and experience.

法官的專業知識是法律，以其法律知識和經驗為基礎。

Judges' professional expertise is not on politics.

A judge can like a particular system or dislike it.

法官可以喜歡某個系統，也可以不喜歡它。

He may also like a particular law or not.

他也可能喜歡某項法律，也可能不喜歡。

But his professional duty is to interpret and apply that particular piece of law in accordance with legal principles and evidence.

但他的專業職責是根據法律原則和證據解釋和適用該特定法律。

So I guess the big picture question there, what does this mean for the rule of law?

是以，我想，最重要的問題是，這對法治意味著什麼？

Well, it's important to say, as we point out, that John Lee has rebuffed these criticisms very, very firmly.

重要的是，正如我們所指出的，約翰-李非常、非常堅定地回擊了這些責備。

And it's something that the government takes very seriously, because they have repeatedly in the past touted the benefits of Hong Kong's system, rule of law, independent judiciary, as well as specifically this benefit of having overseas judges.

政府非常重視這一點，因為他們過去曾多次吹噓香港製度、法治、司法獨立的好處，特別是擁有海外法官的好處。

So the fact that we have just a handful now does somewhat dent the case, not least because it's accompanied by very direct criticism over what's happening to rule of law.

是以，我們現在只有少數幾個人，這在一定程度上影響了案件的審理，尤其是因為這還伴隨著對法治正在發生什麼的非常直接的責備。

So certainly we should expect to see more scrutiny.

是以，我們當然希望看到更多的審查。

 And I think there will be some sort of feeling as well and some worry about what happens to the Court of Final Appeal.

我認為，人們也會對終審法院的命運感到某種憂慮。