10 Nov 2022法庭線#5699
環保署前督察宣誓簽「天日昭昭」被命退休 申覆核許可被拒 上訴再遭駁回
From the end of 2020, the government required civil servants to take an oath pledging allegiance to the Hong Kong government and upholding the Basic Law, or leave the civil service. In February 2021, a senior inspector of the Environmental Protection Department signed “Heaven bears witness” three times on his oath declaration. The authorities said he had failed to properly sign the declaration and ordered him to retire early. He challenged the decision as unconstitutional and applied for leave to seek judicial review, but permission was refused. He subsequently appealed.
Judges Au Hing-cheong and Anderson Ka Ming Chow handed down their judgment on Thursday (10th), finding that none of the appellant’s grounds had merit. They dismissed the appeal and ordered the appellant to pay the costs.
政府 2020 年底起要求公務員宣誓，效忠港府及擁護《基本法》，否則須離職。環保署高級督察 2021 年 2 月，三度在宣誓聲明上簽署「天日昭昭」，被局方指沒簽妥聲明而下令他提早退休。他質疑當局決定違憲，申請司法覆核許可但被拒，其後再上訴。
上訴庭法官區慶祥及周家明周四 (10 日) 頒下判決，認為上訴人所有理據均沒有可取之處，駁回上訴，頒令上訴人須付訟費。
24 May 2022獨媒#2023
環境督察宣誓簽「天日昭昭」司法覆核申請被拒
A senior environmental protection inspector signed the four characters “Heaven sees clearly” when signing a declaration to uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region last year. He was regarded as having refused to sign and was ordered to take early retirement. He filed for judicial review seeking to overturn the decision. Foreign judge Ko Ho-man handed down his judgment today, finding the application wholly without merit and refusing it. The judge said “Heaven sees clearly” was a well-known phrase, the last words of Song dynasty general Yue Fei before his execution, and was a slogan rather than a signature. He also criticised more than 29 memos and documents submitted by the environmental inspector as a pile of lengthy, repetitive and archaic language and legal jargon—almost an impenetrable jungle of words. He quipped that if civil servants could keep their jobs while working in this way, it might help accelerate calls for civil service reform.
一名高級環境保護督察去年在簽署聲明擁護《基本法》和效忠特區時，簽上「天日昭昭」四字，被視為拒簽兼被勒令提早退休。他入稟申請司法覆核要求推翻決定，外籍法官高浩文今判下判詞，認為全無理據，拒絕申請。法官表示「天日昭昭」一詞為人熟知，是宋朝將軍岳飛被斬首前的遺言，是一句口號而非簽名。法官又批評環保督察逾29份便箋和文件，全是一堆冗長、重覆而古老的語言和法律用語，幾乎是一堆無法穿越的文字叢林。他謔稱若公務員這樣工作仍可保住飯碗，或者可以加快公務員改革的呼聲。
30 Nov 2021立場新聞#1709
【公務員宣誓】曾問何謂「違反聲明」遭令退休 助理稅務主任申司法覆核
An assistant taxation officer with the Inland Revenue Department was ordered to retire after asking the department whether civil servants were required to take the oath, and has filed for judicial review in the High Court.
稅務局助理稅務主任因向局方詢問公務員宣誓是否必須而遭勒令退休，入稟高院提出司法覆核。
Translations are supplied by the source workbook. Consult the original reporting for context.
