Rule of law emerges unharmed from a challenge year

2015年1月14日

【明報專訊】THE YEAR JUST PAST saw the rule of law - the cornerstone of Hong Kong's stability and prosperity - caught up in the tumultuous political strife of the Occupy movement. What happened during the movement shows all the more clearly how important it is to maintain the rule of law and judicial independence.
cornerstone:    /ˈkɔː.nə.stəʊn/
 tumultuous  /tjuːˈmʌl.tjʊəs/:very loud, or full of confusion, change or uncertainty



strife             /straɪf/  violent or angry disagreement


At the opening of the new legal year yesterday, Chief Justice Geoffrey Ma Tao-li, Secretary for Justice Rimsky Yuen Kwok-keung, and Bar Association chairman Paul Shieh Wing-tai all talked about the Occupy movement and its impact on the rule of law. As Chief Justice, Ma passed no judgment on the legality of the movement. He referred to the various injunction proceedings, stressing that the court made its decisions strictly according to the law, and the detailed, reasoned judgments were open to public scrutiny. He said the rule of law has once again proved to be central to the well-being of our society.
Geoffrey(jack free)


Yuen said the rule of law is the bedrock of democracy and universal suffrage, and constitutional reform or universal suffrage without the rule of law is like a house without foundations. Speaking of those who suggest that there are different levels to the concept of the rule of law, and that obeying the law is the lowest level, Yuen said the law remains the law, and is there to be obeyed. If one does not even respect the fundamental requirement of the rule of law, how can one escalate oneself to the higher levels? 

bedrock:/ˈbed.rɒk/ the main principles on which something is based
           

Shieh's interpretation of the rule of law is different from Yuen's. He said the rule of law does not mean blind adherence to laws, but should mean respect for an independent judiciary, the need to ensure the existence of laws that protect human rights, and respect for the rights and liberty of the individual when law enforcers exercise their discretionary powers. He also said the indiscriminate use of the phrase "rule of law" could confer undeserved moral respectability on a "rule by law" or "rule by man" regime.

blind /blaɪnd/
judiciary/dʒuːˈdɪʃ.ər.i/
liberty/ˈlɪb.ə.ti/
confer/kənˈfɜːr/ to exchange ideas on a particular subject, often in order to reach a decision on what action to take


While Ma did not criticise the Occupy movement, he was evidently not happy that the court's injunctions were challenged. "The recent injunctions granted by the court," he said mildly but resoundingly, "were expected by the community to be complied with."
resoundingly/rɪˈzaʊn.dɪŋ/ : loud


Shieh's official position was such that he could speak more openly about the Occupy movement - and his comments were very pointed. Referring to those who in word or in deed overstepped legitimate limits during the Occupy movement, he said, "Regrettably, many influential figures have distorted or even denied such limits." He especially criticised those who claim that disobeying civil court injunctions will not adversely affect the rule of law, and that the rule of law is a concept which only constrains the government, and can never be harmed by citizens' conduct. Shieh's comments are fair and reflect the general opinion of society.
A pointed remark, question, or manner is intended as a criticism of the person it is directed to:
in deed an intentional act

Those in the legal profession who took part in the Occupy movement deliberately distorted the real meaning of the rule of law for political reasons. This was one of the regrettable aspects of the Occupy movement.

明報社評2015.01.13﹕法治歷經不尋常一年 基石受衝擊屹立不倒

剛過去的一年，本港穩定繁榮的基石——法治，因為佔領行動而陷入政治鬥爭漩渦。佔領行動一役，更突顯維護法治與司法獨立的重要。

昨日新法律年度開啟典禮，終審法院首席法官馬道立、律政司長袁國強與大律師公會主席石永泰分別致辭，其中內容都談到佔領行動與法治的關係。馬道立身為大法官，就佔領行動違法與否，並未定性；他強調法院在涉及佔領的幾宗禁制令訴訟，都是依據法律和程序進行，法官嚴格遵照法律斷案，詳列理由的判決書公開讓公衆查閱。他也認為，這是再次體現法治在香港社會的核心地位。

袁國強說法治是民主與普選的基石，認為沒有法治，政改或普選將猶如欠缺地基的樓房。他指出有人提到法治概念分不同層次，守法只是最低層次，但是袁國強批評這個說法，認為法律始終是法律，理應遵守；若法治概念中最基本的守法要求也不尊重，談何踏上法治的更高階梯？

石永泰解讀法治，與袁國強不同。石永泰認為法治不僅僅是盲目地「守法」，而是包括尊重獨立的司法機構，法律條文也必須對人權有所保障，執法者在行使法律賦予的酌情權時必須尊重個人的權利和自由等。他認為隨意亂用「法治」一詞，往往會不慎為一些「以法管治」或「人治」的政權錯誤鍍金，給他們加上名不符實的道德冠冕。

馬道立雖未批判佔領行動，但是對法庭頒布的禁制令受到挑戰，顯露不滿。他說「由法院頒下的判決和命令，理應獲得尊重和遵行」。馬道立的說法，即使較溫婉，仍然可收擲地有聲之效。

石永泰的身分較少包袱，對佔領行動的批評顯得劍及履及。他對一些人在佔領行動的言行，超出了可接受的限制，認為「遺憾地，很多具影響力的名人卻試圖扭曲甚至否定這些限制」。他特別指出，有人聲稱民事法庭頒布的禁制令，不服從也不算損害法治；辯稱法治概念只用於約束當權者，公民做任何事都不可能對法治有負面影響，云云。石永泰的這些描述，已屬公論。

涉及佔領行動的法律界人士，因為有政治考量，扭曲法治的真義。這是今次佔領行動的敗筆之一。

■Glossary

adherence﹕the act of behaving according to a particular rule or belief, or supporting a particular idea, even in difficult situations

resounding﹕leaving no doubt; very definite