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許仕仁上訴被駁回 從上訴庭判詞 看梁振英收5000萬

2016/2/16 — 14:33

許仕仁上訴被駁回。

許的其中一條控罪,就是說他上任政務司之前,新地巧立名目,給他送了價值幾百萬的大禮,雖然沒有証據證明許有什麼實質的回報,但也是公職人員行為失當。

廣告

就這一點,上訴庭有兩段令人激賞的判詞,分別是:

"Corrupted conduct of a public officer as senior as Chief Secretary would no doubt be committed secretly and insidiously. It is naïve to think that such an officer would necessarily leave a trail for his corrupted conduct to be detected. Further the corrupted conduct could simply take the form of an approving nod or a knowing wink and it would not be possible in such cases to identify any specific or generic act of misconduct. However, it did not mean that the failure to allege or prove such approving nod or knowing wink would mean that a charge of misconduct in public office could not be established when the officer in the position of Rafael Hui, having received very large sums of money, agreed to be or to remain favourably disposed towards his “paymaster” in his official capacity."

廣告

簡單一點的中文就是說,只有白癡的貪官才會清楚講好怎樣放水、幾時放水、放幾多水嘛,如果下下一定要證明答應了什麼實質回報才能入罪,那就大件事了。

"It will be a sad day for Hong Kong if senior public officers, such as Rafael Hui, could accept large sums of money and agreed to be favourably disposed towards their “paymasters” in their public offices with impunity because the money or other advantages were paid before they assumed or after they left public office."

這一段即是說,如果因為上任前或後收錢就沒有問題的話,還得了?

其實大家不用讀過什麼法律也想得到,如果某某大狀要當法官了,各大財團馬上巧立名目,送他三兩千萬,這樣的司法,你還會相信嗎?

至於梁振英收的5000萬嘛,哈哈,沒有九成相似也有八成了,怪不得他死命也要連任了。

 

(原刊於作者 facebook page;標題為編輯所擬。)

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