許仕仁-min

許仕仁 案終極判決:廉署應即對梁振英採取行動

許仕仁 有終極判決, 許仕仁違反公職人員行為失當罪維持原判。大家最關注係判詞,因為呢單案嘅判詞,會同時影響曾蔭權爵士案,以及廉署應否對梁振英採取行動呢個問題。而根據判決,以及唔少已經浮上水嘅資料,廉署應該儘早對梁振英採取行動,而立法會唔肯彈劾梁振英,亦完全一啲道理都無。

黃金枷鎖係 許仕仁 案嘅主要元素

喺 許仕仁 案終極判詞第78段,係咁寫

The misconduct in this case was a continuing act of disloyalty, since the performance of a public office in golden fetters is to act disloyally and without integrity. It is a continuing breach of the public officer’s obligation to act with integrity in the public interest and is at the heart of what the offence of misconduct in public office is designed to deter.

好明顯,UGL案果封信,並唔係所謂離職合約,而係一個 continuing act of disloyalty。當然,佢作為DTZ董事,UGL嘅合約已經某程度上係 golden fetters is to act disloyally and without integrity,但呢個係對股東嘅。如果UGL喺香港無任何業務,梁振英仲勉強可以打甩,但UGL同港鐵公司係有好多合作,港鐵公司係UGL主要客戶,而會否因為呢筆款項,令UGL喺DTZ交易以外,仲有其他優待,呢個係公眾必須要知道嘅一件事。

第18段亦好值得注意

When he was Chief Secretary and during his time as a member of ExCo, Rafael Hui made no express declaration or disclosure of interest arising from his relationship with SHKP. His only declarations of interests were limited to the ownership of a flat in Wanchai, his connection with the Hong Kong Jockey Club and his status as a prospective or existing civil service pensioner.

梁振英刻意唔披露喺DTZ相關嘅交易,係一種有意圖嘅不披露嚟,所以日本DTZ交易搞啲乜嘢鬼,係一件好關鍵嘅事嚟。

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