單仲偕:海外法官點解割席 株連式收回公屋真的合理嗎? #信燕訪談 #單仲偕 #羅冠聰 #香港法官 #公屋 (精彩全並回顧)

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19 次觀看·2024年6月29日
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Today we are talking about the so-called non-foreign permanent judges
But the so-called 47-person case, the 14 convicts
They are now being handled in the High Court
Not in the Central Court
But when these cases go to the Central Court
The non-foreign permanent judges will need to be handled
But because the so-called High Court is handling these cases
They will still need to be handled under the so-called National Security Law
Simply put, you are subject to the restrictions of the National Security Law
Firstly, you are subject to the restrictions of the National Security Law
Secondly, the judges have already been selected
It may be that the ideas are closer to the CCP
People who are closer to the CCP will be selected
At the same time, everyone understands
They have their own rules
If you are a national security judge
You may be able to get a fair judgement in the judicial system
If you don't judge well, or if you don't judge well enough
When you go to the Central Court or the High Court
You will be pushed out
This will affect your own attempts
So everyone will be more brave
To judge more seriously
Everyone understands that the Central Court
The Central Court now has a human rights committee to judge
Under these difficult circumstances
It's hard for everyone not to have any reservations
If Hong Kong is involved in a case of national security
The judicial system in Hong Kong will collapse
It will be completely isolated from mainland China
Or even more isolated than mainland China
Yes, in the past few years
Hundreds of people have been arrested because of the National Security Law
They have been deprived of their legal rights
For example, most of the people in Hong Kong
Because of the National Security Law
And become defendants
They have been refused to be compensated
Even if they can't be compensated, it's still quite violent
Many people have been detained for a long time
Among the 47 democracies in Hong Kong
Some defendants have been detained for more than two years
Is this a form of legalization?
Legalization doesn't mean it's reasonable
What the judges can judge is not very bad
What the judges can judge is whether it's legal or not
Do they have the right to do so?
But because Article 23 and the National Security Law
Give the right to the judicial system
Can be done according to the National Security Law
In fact, if you look at Article 23, the 7-person case
They were detained in February 2021
It's been more than three years
Of course, there is a reason
The serious case of the National Security Law
At least five years
Simply put, they may be forced to sit for five years
They have been detained for more than three years
It has not yet exceeded the so-called minimum sentence
I can only say
What the judges of the National Security Law do
Judging is legal, but it doesn't mean it's reasonable
According to the Hong Kong National Security Law
What the judges can do is
Judging whether the law is legal
I can't agree with them doing this
It's not reasonable
If you look at it from the perspective of the National Security Law
It's not a crime
Simply put, you haven't been sentenced
You should be free
But the Hong Kong National Security Law
Has completely overthrown this idea
If you pose a risk to national security
You will not be protected
These are not common law cases
Or common law practices
It also violates the principle of no crime
It is also completely contrary to the basic principles of the Hong Kong National Security Law
Contrary to the principle of no crime
I can only say
What the judges do is based on the law
It's legal, but it's unreasonable
It's also not rational
At present, there are eight overseas judges in the Hong Kong National Security Law
Three of them are from the UK
Five of them are from Australia and Canada
These eight overseas judges
May have received a lot of overseas attention
What do you think?
I believe that some overseas judges in the UK
When they are on duty, they may not be on duty
There are three more
Of course, as I said earlier
The judges have their own timetable
They may be handling the cases in their own countries
Secondly, if they are handling cases that are not related to the Hong Kong National Security Law
If they don't use Article 23 or the Hong Kong National Security Law to sue
They may have the space to do the work that should be done according to their training
Simply put, if they follow Article 23 or the Hong Kong National Security Law
I think they have no space
But if they follow the existing law
They have a certain amount of space
It depends on whether they were invited to handle the case
At that moment, whether the case is related to Article 23 or the Hong Kong National Security Law
There are not that many cases in the Hong Kong National Security Law
The judges may not always need to handle cases in Hong Kong
When they are not handling the case
When they don't know what case to handle
They may continue to maintain this status
If they are not invited to handle these cases
To handle other cases, such as commercial cases
They may be able to play the case freely
But when it comes to cases related to the Hong Kong National Security Law
Or cases related to political issues
I believe at that moment
The British judges may slowly consider whether they need to postpone the case or not
Yes, the judges in charge of the case
Usually consists of the Chief Justice, three Hong Kong judges
And a judge from a foreign country
As a judge from the Central Court of Justice
The salary of overseas judges is up to 40,000 pounds
Yes
But I don't think money is a critical issue
Although 40,000 pounds is not a generous amount of money
Everyone understands that the whole judicial system is the same
If some people in the judicial system want to make money
They may not choose to be judges
They may choose to be so-called big shots
They may make a lot of money
When they choose to be judges
I can't say that every judge is like that
They may feel that their contribution to the law is greater than the other
That's why they choose to be judges
I don't think judges choose to be judges because of the 40,000 pounds
So they don't want to postpone the case or not
They have different considerations
They may still want to have a certain amount of money
But there are two sides to this
One side is that a good judge may feel
Even if I am a bad judge, I can do more in the space
Of course, there are also some people who say
Don't be close to these bad judges
Don't add more bad judges to the Hong Kong system
There are two sides to this
But I believe that the UK is unique
Because the UK was the so-called central power during the colonial era
So for some judges in the UK, their history may be more extensive
So the number of people who left the country
Or because the number of people who left the country was more
So the number of people who left the country is bigger
But you can see that after 2020
There are no more judges who are willing to be judges
Basically, only judges from Canada and Australia are willing to be judges
So no matter how much money they give
They may not want to add more to the Hong Kong system
Yes
I don't think money is the most important factor
We should treat the judges who have been in the system
Or the judges who are still in the system
Don't give them too much suspicion
They are in this position because of money
Yes, that's right
The mother of the former Hong Kong Speaker of the House, Lau Kuan-chun
The only public housing unit in the East China Sea
Was claimed by the government
The House of Representatives claimed that there was a lease
Violated the lease agreement
The notice was issued on March 8
Terminated the lease agreement
Completed the procedure in June
Recovered the public housing
Here it says there was a lease
Everyone wants to know when it happened
There was a lease
Was it just a few years ago?
The House of Representatives did not specify
Is there any suspicion of forced housing acquisition?
It's like a文革式抄家
強行沒收房屋
株亂九族
Mr. Chen, what do you think?
First of all, in Hong Kong
In the past
Recovering a public housing unit
Was actually a very long time
In the past
Some units may take a long time to recover
Of course, this is related to whether the owner is willing to move out
If the owner is willing to move out
First of all, in Hong Kong
There are a lot of public housing units
Are owned by Chinese people
Chinese people
If they are
They can apply for a lease
Directly from the Chinese government
To the Hong Kong Government
Simply put
Even if a lot of people
Can't pay the rent
It's not that easy to move out
Of course
One important point is
Why would a public housing unit be recovered?
Such a thing
Is exposed to the press
Even if the person who was recovered
They may not necessarily want to be so high-profile
To put it simply
If it's Luo Kuan Chong or his family
When they want to express their opinion
They can hold a press conference
If they choose not to hold a press conference
If they choose not to expose
They may choose to be low-profile
So we have to respect them
But even if we respect them
We have to see
If it's the so-called tenant
General situation
If you want to rent
Even if it's a lease
It will take some time
To move out
There are also a lot of public housing units
They don't have money
The process of applying for a lease
Then to get the lease
That period
Public housing units
Generally speaking
It's not that easy
To get the money
If the unit is
When someone lives in Hengshun
So this matter
It took three months
To finish
I believe
I didn't
I didn't ask Luo Kuan Chong
I didn't contact Luo Kuan Chong's family
Because maybe they want to be low-profile
I just infer
Maybe the landlord
Or the tenant
Sorry, the tenant
The tenant didn't have
A normal communication with the tenant
So in the absence of communication
The tenant
Used the law
To allow
To take back the unit
And put some
Assets
The assets in the unit
Moved to that unit
The unit
It's clear
Within a period of 14 days
If the tenant
Went back to get the unit
If they didn't
They would have to
Keep the unit
Until they have time to take it back
That law
Maybe for a short period of time
Like 14-15 days
So is it related to the demolition?
It indirectly has an effect
But if the tenant
Is willing to take it back
The law allows him to take it back
But of course
Is this an abnormal situation?
In such a short period of time
To be able to
Take back the unit
This period of 3 months
Is legally allowed to be done in the shortest time
This is
I don't believe there is a violation of the law
Because
Whether it's taking back the unit
According to their lease
Whether it's a violation of the law
But simply put
In the past, the Hong Kong office
Had a lot of flexible mechanisms
This time, there is no flexible mechanism
It's done in a very tough way
Maybe
If the tenant doesn't have a normal relationship
They will take action unilaterally
But I
I see it this way
There are two things
The first is
Why is this matter
Revealed to become
A news?
Why do so many media
Reveal and report it?
Of course it's Lai Kwun Chung
But even if the tenant
Is taking back the unit
He shouldn't
Reveal this matter
Because this involves
Personal privacy
Even if the tenant
Is taking back the unit
He shouldn't
Reveal it in such detail
This is the first thing
The second thing is
It's very obvious that
It's not a private matter
This time, I'm just
Saying
In a certain way
This is a low-cost method
To suppress the so-called
Those who have been notified
Or those who are still overseas
If you know that
Lai Kwun Chung
Has been notified
To attack his family
Or supporters
Lai Kwun Chung
Is not the first one
Among the eight
Who have been notified
Many families
Have been invited to investigate
Recently
Chow Hung-tung
In prison
Involved in the so-called
Kidnapping
His family
Including his mother
And his uncle
Have been arrested
We don't know if they will be prosecuted
There are other members
For example, Lai Kwun Chung's wife
Has also been arrested
It seems that
Many protesters
Especially some overseas
His family
Seems to be involved
Or especially
Involved his family
Simply put
The government may use different methods
To attack
Some overseas
Hong Kong supporters
If his family
Is still in Hong Kong
He will attack them
In different ways
Either arrest and threaten
Or
Use the so-called
Anti-corruption law
I think
These are the methods
To suppress
As a unit
The Ministry of Defense
Is working hard
But there is such a good case
To highlight
Its effectiveness
More than the current method
The Ministry of Defense
Has announced
That the relevant units
And 55 items will be found outside the building
Including television,
Fridge, air conditioner, etc.
The Ministry of Defense
Has taken the items away
And will be back in 14 days
But
It seems that June 3rd
Has already passed 14 days
The items
Belong to the Ministry of Defense
If they are leased
They will be fine
Will the Ministry of Defense
Be in a hurry
To move the items away?
Of course, I don't want to speculate
The method of the Luo family
I believe
There is a
Possibility that
They have no communication
And can't contact
It seems that
In the past
If the tenant
Was still in the unit
The Ministry of Defense
Would be lazy
To clean up the site
I don't know
The Ministry of Defense
Has any communication
With the Luo family
We don't know
And the Ministry of Defense
Has not explained
If they can't contact
So they use this method
But I believe
I can only say
If the Ministry of Defense
Can contact the tenant
If the tenant refuses
And has no money to pay
There is still a long way to go
Some may take
More than a year
To move them out
The Ministry of Defense
Has a mechanism
Even if they don't pay
You can apply for a lease
If you don't have money
You apply for a lease
When you meet the conditions
If you can get a house
And live there
You have to live there for 7 years
Most families live there for 7 years
If you meet the conditions
To apply for a lease
If you can't pay
You apply for a lease
If you get a lease
The agency will pay
So
There are not many chances
To move out
If you can't pay
There are other reasons
For example
If you don't want to
Violate the regulations
The Ministry of Defense
Has different regulations
If you violate the regulations
You will be
Forced to move out
But in this situation
It's obvious
I think
It's a political pressure
Although it's a political pressure
But
Maybe
Law's family
And the Ministry of Defense
Lost communication
So
You didn't
Don't
Use the method
To preserve the unit
The Ministry of Defense
Don't use the method
The Ministry of Defense
Will use all the power
To preserve the unit
I think
There is a pressure
Because
He said
Maybe a few years ago
When did you apply for a lease
He didn't say now
Many Hong Kong people
Have applied for a lease
So
I think
There is a pressure
But
The whole thing
Shouldn't be disclosed
Of course
We can't explain it clearly
But on the other hand
The Ministry of Defense
Shouldn't expose
Individual units
To the public
Of course
When the Ministry of Defense
Was invited by the government
You can't
If you don't explain
It's a breach of privacy
There should be
An investigation
But
Simply put
The public
Because everyone knows
Law and his family
Don't want to
Reveal the situation
We have
Too many speculations
About their situation
I think
Everyone should be careful
If Law Kwan Chung or his family
Want to explain the unit
Did he give up
Or he doesn't live in Hong Kong
Or he doesn't live in the unit
So it doesn't matter
I think in the past three years
Since Law Kwan Chung left Hong Kong
He and his family
I think
Are often harassed
He may be more reluctant
To continue living in that situation
And so on
We can't speculate too much
But it's obvious
As I said
It's not a trivial matter
There are a few things that are not trivial
First, it's such a short time
And such an efficient way to recover the unit
Second, why
Is it exposed to the media
And so on
I think this aspect
In terms of protecting
The private property of the tenant
Is not done well
Yes, that's right
Recently, Zhang Xiaoming
Has been removed
I would like to ask Mr. Shan
What is your opinion?
First of all, Zhang Xiaoming
Has been in charge of Hong Kong affairs for a long time
Everyone knows
His background is as an assistant to Liao Fei
After Liao Fei
Retired, other members
took over as
The director of HK and Macao Affairs
He went up there
And then he went to Hong Kong
To be the director of HK and Macao Affairs
After that
He went back to Beijing to be the director of HK and Macao Affairs
During his time
In Beijing
When Hong Kong was under the direction of HK and Macao Affairs
And then when he went back to Beijing to be the president of the Hong Kong government
The so-called anti-extradition movement took place in Hong Kong
Although the anti-extradition movement was later suppressed from the Chinese point of view
They used the term black cloth
But I believe that Tsang Hsiao-ming has been in charge of Hong Kong affairs for a long time
You may understand the domestic mechanism
He has to take political responsibility
The first thing he did was to be the vice-secretary-general of the government
Although he was more of a political commissioner
Later, he gradually reduced his positions
Recently, he has been so-called retired
He is not that old
I think he is just 60 years old
But he has been in charge of Hong Kong affairs for a long time
In the eyes of China, it is not a political responsibility for Hong Kong
But his judgment is that he has made a mistake in Hong Kong policy
I have also contacted Tsang Hsiao-ming
When he was the director of the Liaison Office in Hong Kong
He had also been to the Legislative Council of Hong Kong
At that time, the Legislative Council of Hong Kong
Had also set up a banquet to welcome him
The director of the Legislative Council of Hong Kong, Tsang Hsiao-ming
Came to the Legislative Council for lunch
At that time, it was also arranged by the then Secretary of State
At that time, Carrie Lam was still the Secretary of State
Carrie Lam was the Chief Executive
Under her arrangement, she communicated with various parties
At that time, I was a member of the Democratic Party
I was still in the Legislative Council
I also met Tsang Hsiao-ming under this circumstance
When Tsang Hsiao-ming first came to the Legislative Council
When he first came to Hong Kong as the middle-aged president
He also gave some so-called advice
To people from different parties in Hong Kong
To express friendship
Of course, what happened in Hong Kong later
Is that Tsang Hsiao-ming was demoted
Because the Standing Committee of the National People's Congress
Announced that the so-called presidential election of 8.31 was canceled
This so-called Tsang Hsiao-ming movement appeared later
And when he returned to the main office of the Legislative Council of Hong Kong
When the anti-extradition bill movement appeared
This is obviously a big responsibility
But what I want to say is
In exchange, Tsang Hsiao-ming did not mean that Hong Kong was better
Let's see who was replaced
You know, after the anti-extradition bill movement
Two people were also demoted
That is, Tsang Hsiao-ming, the head of the Legislative Council of Hong Kong
And Tsang Hsiao-ming, the head of the Standing Committee of the National People's Congress
They all became members of the party's historical group
Simply put
Because of the anti-extradition bill movement
Two people in charge of Hong Kong affairs
The head of the Standing Committee of the National People's Congress and the head of the Legislative Council of Hong Kong were also demoted
But in exchange
The biggest problem is that they are more conservative than Tsang Hsiao-ming and Tsang Hsiao-ming
The current Xia Baolong is very clear
Whether he will rise or fall, I am not sure
In the case of a major military crackdown
He was transferred to the head of the Standing Committee of the National People's Congress
He is more than half
It's almost the same as the boss of Li Ka-siu
He is only half
But the position is already very different
You know, when Tsang Hsiao-ming just came back
At that time, the Chief Executive of Hong Kong
The position is completely different from the current position
At that time, the relationship between Tsang Hsiao-ming and Tsang Hsiao-ming was more direct
So he may be like half the position of the Chief Executive of the National People's Congress
More than half of the position of the Chief Executive of the National People's Congress
It's very simple now
The Chief Executive of Hong Kong was demoted
Even the so-called Chief Executive of Guangdong Province is not as good as him
Not to mention the secretary of Guangdong Province
So there are two situations
First, the Chief Executive of Hong Kong was demoted under the system of mainland China
Second, the new Chief Executive of Guangdong Province
I believe he is a relatively conservative person
I dare not say the most conservative
He is almost the most conservative
And his so-called policy
Including the order to implement the National Security Law
Article 23
And so on
He is more conservative than the previous Chief Executive
He is more familiar with Hong Kong's freedom and rule of law
Of course, I understand
I don't think Tsang Hsiao-ming made a great contribution to Hong Kong
But because Tsang Hsiao-ming was in charge of the Hong Kong and Macau Affairs for a long time
He had a negotiation in the Liao-hui era
The Sino-British negotiation
The Sino-British negotiation was before 1984
He joined the Hong Kong and Macau Affairs in 1986
Simply put, he had already drafted the Basic Law
He had already completed the Sino-British Declaration
And already had the Basic Law
He was just in the process of returning
He joined the Hong Kong Affairs in 1986
But I see that since he became the Central Committee
Until he became the Hong Kong and Macau Affairs
His policy towards Hong Kong is still strong
But among the strong ones
Compared to the current Chief Executive of the Hong Kong and Macau Affairs
He is not as good as the current
I don't know if everyone knows
We call him Xia Bolong
He is even stronger
His policy towards Hong Kong is even stronger
He recently made a statement in March
He told Li Ka-shiu
At the opening of the National People's Congress
He told the political figures in Hong Kong
The politicians in the National People's Congress
Including Li Ka-shiu
Hong Kong needs to have zero-point thinking
To put it simply, it needs to start from the beginning
Don't think that what is left in the UK will be of any use
But everyone understands that the success of Hong Kong
Although the British are the so-called central figures of the People's Party
They have left behind a so-called rule of law system
It is also a successful foundation for Hong Kong
And Xia Bolong is now, step by step
Not step by step, but very quickly
Destroying Hong Kong's rule of law system
Zhang Qiaoming has not reached this level
Zhang Qiaoming has just
Interfered a lot in the so-called general election policy
Delayed it
But the so-called Hong Kong general election
During the so-called anti-extradition
During the so-called extradition
From 2012 to 2014
When fighting for the general election
In 2014, there was the so-called anti-extradition movement
During the anti-extradition movement
When the People's Party was elected
At that time, he was the central figure of the People's Party
He must have had a big role
What was the plan?
Of course, the plan was not just about him
But he also had a plan
It was a very conservative plan
After the general election
Hong Kong people voted for it
Hong Kong people did not agree and did not accept
So there was the so-called anti-extradition movement
But after the general election
Hong Kong people have already
The chance to have a general election
It's almost the same
So all the political reforms in Hong Kong in the future
It must require the passing of the National People's Congress
But when Xia Bolong became the Hong Kong President
His policy has completely changed
From the so-called Hong Kong people's self-government
To this
Hong Kong people's self-government
To this national self-government
Simply put, all the candidates
Including the Chief Executive, the Legislative Council, and the District Council
All passed the general election
Passed a so-called political review
Are you a patriot?
Only then can you become a candidate
Simply put, all the democratic people
Are also excluded from the electoral list
So
For Hong Kong people
We won't say he is a traitor
Maybe he is secretly
Smiling
But
He has become
Even more powerful than Xiaoping
Even more powerful
So
Now
Xi Huan
Is already the boss of the Chief Executive of Hong Kong
The current Chief Executive of Hong Kong
Is almost the boss of the boss
I think everyone understands
The Chief Executive of Hong Kong
Has been demoted
His status is very low
Is Jiang Xiaoming
Like
A pawn
Abandoned by the CCP?
Yes
Can you repeat it?
Yes
Is Jiang Xiaoming
Like
A pawn
Abandoned by the CCP?
Is Jiang Xiaoming
Like
Abandoned by the CCP?
Yes
Can you hear me?
Yes
I believe
He hasn't been deposed yet
Simply put
If Jiang Xiaoming
Can still retain his status
He hasn't been deposed yet
Simply put
He hasn't been deposed yet
But he has been working for
The Hong Kong and Macau Affairs Office
For 30 years
Almost 30 years
From 1986 to now
Almost 40 years
More than 30 years
But
If we want to
Investigate his past violations
I believe it's not difficult
Of course
He has been deposed
But he hasn't been released
From the Hong Kong and Macau Affairs Office
If he is released
The consequences
Will be worse
But
Let's see if Beijing
Will keep him
But it's clear
He has been
Deposed
He has been removed
From all his duties
He has been demoted
But
In China's politics
There is a big crisis
You know
Once he is demoted
What can he avoid?
The investigation
Of his past corruption
So
We have no evidence
But there are rumors
The Hong Kong and Macau Affairs Office
So
The former director of the Hong Kong and Macau Affairs Office
Liao Fei
Is a greedy person
And
You know
Greedy people
Have assistants
To help him
With a lot of work
And the so-called Hong Kong and Macau Affairs Office
Why can Xiaoming
From an assistant
To a director
And later to the director of the Central Committee of the Communist Party of China
And then to the director of the Hong Kong and Macau Affairs Office
But Liao Fei supports him
So
You have done some things for the boss
So the boss
May have some help
You know there is a saying in Mainland China
What is it?
Doing ten good deeds for the boss
Is not as important as doing one bad deed for the boss
If he
Had done a lot of
Related work
Then
He may have to be promoted
But if
He is to be investigated
There is a lot of space for investigation
Of course
You know
How many people are there in the Communist Party?
How many?
Will they do the work?
Of course after the investigation is done
They can join in
But we will wait and see
But for Hongkongers
We don't know much about
What Zhang Yiming
Has done for Hongkong
At least we don't see
He can
Help Hongkong
Implement the Basic Law
As a candidate
Yes
Do you have anything to add?
Yes, I don't have anything to add
Thank you very much, thank you Mr. Shen
See you next time, bye
Bye
