3 Mar 2023明報#6121
教局列校長素質 增「具國家觀念」 涵官津直資校長擬任課程 須認識國安法立法背景
Principals of government, aided and direct subsidy scheme schools must meet specific qualification requirements and complete conditions including the course for prospective principals. The Education Bureau issued a circular the day before yesterday updating the course content and listing examples of the “personal qualities” principals should possess. Compared with the 2019 version, it added descriptions including “having national awareness and a sense of social responsibility, and upholding the rule of law”. The previous version’s description of being “able to interact sincerely with others and possessing keen political sensitivity” was removed. The Education Bureau said yesterday that, as school leaders, principals must shoulder major responsibilities and lead teachers in implementing national education.
擔任官津、直資學校的校長,需符合特定資歷要求,以及完成「擬任校長課程」等條件。教育局前日發通告,更新「擬任校長課程」內容,列出校長應具備的「個人素質」例子,比對2019年版本,新增「具備國家觀念及社會責任感,恪守法治」等描述;舊版本的「能誠懇地與人交往,並具備敏銳的政治觸覺」則被刪去。教育局昨回覆,校長作為學校領導,須肩負重任,帶領教師推行國民教育。
27 Feb 2023獨媒#6109
律政司擬修例准控方就「表證不成立」上訴 涵蓋《國安法》案件
When former High Court judge Audrey Patricia Campbell-Moffat was hearing a drug trafficking case, the case against the three defendants was found to have no prima facie basis. Although the Court of Final Appeal allowed the Department of Justice’s appeal and ruled that Audrey Patricia Campbell-Moffat had wrongly usurped the function of the jury, the three defendants left Hong Kong after being acquitted. The Department of Justice has proposed amending the law to close the “loophole” by establishing an appeal mechanism for rulings that there is no case to answer in criminal trials in the Court of First Instance of the High Court. The Department of Justice told the Legislative Council today (27th) that the mechanism would also apply to National Security Law cases, and that whether defendants could be granted bail while awaiting an appeal would be considered according to the standards under the National Security Law.
高等法院前法官金貝理在審理一宗販毒案時,案件3名被告表面證供不成立,即使終院裁定律政司上訴得直,並指金貝理錯誤取代了陪審團功能,但3名被告在罪脫後離港。律政司提出修例堵塞「漏洞」,建議就在高等法院原訟庭的刑事審訊,就表面證供不成立的裁決設上訴機制。律政司今(27日)向立法會表示,《國安法》案件亦適用,而被告在等候上訴期間是否能獲保釋,會以《國安法》標準考慮。
22 Feb 2023獨媒#6087
律政司就人權、選舉政制提法律意見次數創10年新低
Besides conducting criminal prosecutions, the Department of Justice assists the Secretary for Justice by providing legal opinions when the government formulates policies, particularly to ensure that policies do not conflict with the Basic Law and human rights laws. However, departmental expenditure documents in the Budget show that the number of times the Department of Justice provided legal opinions on “human rights matters” fell to 594 last year, the lowest in 10 years. Compared with the previous year, this represented a decline of more than 20%. The number of consultations on constitutional development and elections also reached a 10-year low, falling by 40% in a single year.
律政司除了執行刑事檢控工作,還有協助律政司司長在政府制定政策時提供法律意見,特別是確保政策不與《基本法》及人權法牴觸。不過據《財政預算案》的部門開支文件顯示,律政司就「人權事宜 」提供法律意見的次數,跌至去年度只有594次,是10年來最低;與前一個年度相比,跌幅已超過兩成。至於徵詢政制發展及選舉的次數,同樣創10年新低,單年計下跌四成。
22 Feb 2023獨媒#6088
區議會前途未卜 選舉事務處先增撥5.7億「選舉開支」
The terms of incumbent district councillors expire this year, but it remains uncertain whether District Councils will still be formed through direct elections. A pro-establishment newspaper earlier suggested that, under a new electoral system, directly elected seats on District Councils would be cut to one-third, while indirect elections would be introduced and the appointed system restored. Departmental expenditure estimates in the Budget reveal that the Electoral Affairs Office’s expenditure for this financial year will increase by $570 million, mainly because of “rising election expenses”, resulting in increased funding requirements. The Electoral Affairs Office’s document states that whether “ordinary District Council elections” will be held will “depend on the outcome of the review of district administration”.
現任區議員任期今年屆滿,但區議會是否仍然靠直選產生仍是問號,有建制報章早前更放風,新選制下區議會直選議席大減至三分一,更引入「間選」及恢復委任制。《財政預算案》的部門開支透露,選舉事務處今年度將增加5.7億元開支,稱主要因為「選舉開支上升」,令所需撥款增加。而是否舉行「區議會一般選舉」,選舉事務處在文件標示將「視乎地方行政檢討的結果而定」。
22 Feb 2023獨媒#6089
賀建奎獲批「高才通」入境處:懷疑有人作虛假陳述,簽證無效並作刑事調查
Ming Pao reported yesterday (21st) that scientist He Jiankui, who was convicted on the mainland of illegal medical practice over the “gene-edited babies” incident and sentenced to three years in prison, had successfully obtained approval under the Top Talent Pass Scheme. The Immigration Department issued a statement late at night saying that, after reviewing the application, it suspected that someone had obtained the visa through false statements. The Director of Immigration has declared the visa invalid in accordance with the law, and a criminal investigation will be conducted.
《明報》昨日(21日)報導在內地因「基因編輯嬰兒」事件非法行醫罪成、判囚3年的科學家賀建奎,透過「高端人才通行證計劃」成功獲批。入境處深夜發稿指,經檢視有關申請後,懷疑有人以虛假陳述獲得簽證,入境處處長已依法宣告其簽證無效,並會進行刑事調查。
21 Feb 2023獨媒#6083
教育局宣布為公社科內地考察師生 安排一次性辦理回鄉證
The Civic and Social Development subject, formed through the reform of senior secondary Liberal Studies, requires, among other things, at least one study visit to the mainland. The Education Bureau announced today that it will arrange a one-off Home Return Permit application service for Secondary 5 students and accompanying teachers travelling to the mainland for study visits in April or May.
高中通識「改革」而成的「公民與社會發展科」(公民科),要求包括須回內地考察至少一次。教育局今日宣布,將為四月或五月出發到內地考察的中五學生及隨團教師,安排一次性辦理回鄉證的服務。
21 Feb 2023明報#6086
基因嬰案判囚 賀建奎高才通獲批 稱港「開放包容城市」 擬研遺傳病基因治療
The government launched the Top Talent Pass Scheme (TTPS) at the end of last year to attract high-income earners and graduates of top universities. More than 10,000 applications have been received and 7,700 approved so far. The newspaper learned that mainland scientist He Jiankui, who attracted widespread controversy over the “gene-edited babies” incident and was convicted in the mainland of illegal medical practice and sentenced to three years in prison, was among those approved. He confirmed to the newspaper that he had been approved for the TTPS and would conduct scientific research into gene therapy for rare genetic diseases after coming to Hong Kong. Asked whether his mainland imprisonment record had affected his application, whether he would continue researching genetically modified babies, and whether he would stay in Hong Kong permanently, he did not respond directly, saying: “Hong Kong is an open and inclusive city, and I am optimistic about Hong Kong’s prospects.”
政府去年底推出「高端人才通行證計劃」(高才通)招攬高收入和頂尖學府畢業生,至今有逾萬宗申請、7700宗獲批,本報獲悉,曾因「基因編輯嬰兒」事件引發軒然大波、在內地非法行醫罪成判囚3年的內地科學家賀建奎是其中之一。賀建奎向本報確認已獲批高才通,來港後會從事罕見遺傳病基因治療的科學研究。被問內地服刑紀錄有否影響高才通申請、會否繼續研究改造基因嬰兒及會否長留香港,他沒正面回應,稱「香港是一個開放、包容的城市,我看好香港的前景」。
20 Feb 2023法庭線#6074
律政司建議修例 法院准海外律師參與涉國安案前 須先獲特首證明書
Next Media founder Jimmy Lai was allowed to hire UK King’s Counsel Tim Owen to defend him in his national security case, after which the Standing Committee of the National People’s Congress issued an interpretation on the matter. The Department of Justice submitted a paper to the Legislative Council proposing amendments to the Legal Practitioners Ordinance. It proposed that, before a court allows an overseas barrister to come to Hong Kong to handle a case involving national security, the barrister must first apply to the Chief Executive and obtain a certificate.
The paper proposed that the new requirement for a Chief Executive’s certificate apply to all cases related to endangering national security. Besides cases under the National Security Law, these would also include criminal, civil and other types of cases. The paper also stressed that defendants in criminal cases “have never had the right to be represented by an overseas barrister”, and therefore the legislative proposal would not deprive defendants of any lawful rights.
The Department of Justice said it was consulting the Judiciary and the two legal professional bodies on the main contents of the legislative proposal, and planned to submit the bill as soon as possible in the first or second quarter of 2023.
壹傳媒創辦人黎智英獲准聘用英國御用大律師 Tim Owen 在國安案中抗辯,及後全國人大常委會就此釋法。律政司向立法會提交文件,提出修訂《法律執業者條例》,建議法院在涉及國安的案件中,容許海外執業大律師來港處理案件之前,須先向特首提出並取得證明書。
文件建議將特首證明書的新要求,適用於所有危害國安相關的案件,除《國安法》案外,亦包括刑事、民事及其他性質的案件。文件亦強調,刑事案被告「從來都沒有由海外大律師代表的權利」,因此相關立法建議沒有剝奪被告的合法權利。
律政司指,正就立法建議主要內容,諮詢司法機構和兩個法律專業團體,並表示計劃盡快在 2023 年第一季或第二季提交條例草案。
20 Feb 2023獨媒#6076
環保基金主席稱將要求申請者遵守國安 兼審查曾否涉「港獨」活動
Wen Wei Po earlier criticised, on its A1 front page, environmental groups for using environmental protection as a pretext to apply for government funding from the Environment and Natural Conservation Fund and then organising “Hong Kong independence” activities. In a media interview, the Fund Committee chairman, Eric Kam Chung Cheng, the father of DAB Legislative Council member Cheng Wing-shun, said the fund had required applicant organisations and their persons in charge to declare their positions and comply with the Hong Kong National Security Law. It would also check whether applicants had previously been involved in or participated in “Hong Kong independence” activities.
《文匯報》早前在A1頭版,批評有環團借環保之名,申請政府「環境及自然保育基金」撥款後搞「港獨」活動。基金委員會主席、民建聯立法會議員鄭泳舜的父親鄭錦鐘接受傳媒專訪時指,稱基金已要求申請機構及負責人需聲明立場及遵守《香港國安法》,亦會查看申請者過去有否涉及參與「港獨」活動。
17 Feb 2023獨媒#6065
「全政府動員」演練惹文職公僕不滿:我哋唔係紀律部隊
The first drill at the “whole-of-government mobilisation” level was completed yesterday, with about 10,000 civil servants notified to enter a state of alert. Among them, 300 were required to arrive at North Point Community Hall by 3 p.m. Reports said civil servants were “angry but afraid to speak out”, believing that emergency incidents did not fall within the scope of civilian staff’s duties. Leung Chau-ting, general secretary of the Federation of Civil Service Unions, said again on a radio programme today that there were reservations among civil servants about organising emergency response teams. “Everyone was saying: ‘Wow, are you kidding? We’re not a disciplined service—we’re just employees. We’re not an emergency response unit. Why do we have to do this?’”
「全政府動員」級別首次演練昨日完成,約1萬名公務員獲通知進入戒備狀態,當中300人須在下午3時前到達北角社區會堂。惟有報導指公務員「敢怒不敢言」,認為緊急事故並非文職人員工作範圍。公務員工會聯合會總幹事梁籌庭今在電台節目再表示,公務員內部對要組織應變隊有微言,「大家都話:『嘩,有冇搞錯!我哋唔係紀律部隊嚟喎,打工啫,唔係應變部隊嚟喎。點解我哋要咁呢?』」
Translations are supplied by the source workbook. Consult the original reporting for context.