Nina Wang's estate 期望「華懋慈善基金」真正造福公益

THE outcome of the battle over the huge estate of Nina Wang (who was chairwoman of Chinachem Group) was announced yesterday. Court of First Instance judge Johnson Lam found for the Chinachem Charitable Foundation and against businessman Tony Chan. The legal battle between Nina Wang and her father-in-law and that between the Foundation and Chan have dragged on for thirteen years. Who will finally control Nina Wang's estate? It may be some time before this question is finally settled because Chan has declared he will appeal. It has nevertheless been basically settled. We hope that, now the legal battle has come to a close,her huge estate will truly be devoted to charitable purposes for society's and even the world's benefit as she wished rather than squandered by any private individuals.

Chan has lost the probate case in the Court of First Instance. He has been ordered to pay the Foundation's costs. Furthermore, as the judgment says the 2006 will is a fake, he may have committed a crime. After Nina Wang had lost the litigation with her father-in-law over his husband's estate in the Court of First Instance, she was charged with forging a document, using a falsified document and attempting to pervert the course of justice. The judgement Mr Justice Lam handed down yesterday says a litigant may have committed a crime and the police should carry out investigations and prosecute will forgers.

Nina Wang's siblings and Chinachem employees were overjoyed. They held a press conference under a horizontal piece of calligraphy saying, "There is rectitude between heaven and earth." Some features of the case are such that what the setting implies is a bit perturbing. However, we believe most citizens hope the Foundation will truly give expression to the spirit of the line.

A will Nina Wang made in 2002 says she would leave all her property to the Foundation, which she and Teddy Wang had co-founded. She intended that, when she was dead, the Foundation be supervised by a body that would comprise the UN Secretary-General,the Chinese Premier and the HKSAR Chief Executive(CE). The will specifically says one of the Foundation's aims is to set up awards of global significance that would be akin to the Nobel prizes and would belong to China. However, no sooner had she died than a legal battle over her estate began. Her behests have yet to be carried out, and her estate was once in graved anger of being "divided up".

When the probate case was about to go to the court, Chan and some directors of the Foundation had talks about settling the case by dividing up Nina Wang's estate. While they made such arrangements,the Secretary for Justice became aware of their plan.

He then declared as protector of charities in a strongly-worded statement that, the case involving a charity, no settlement agreement would go through without the court's approval and the Secretary for Justice's. The settlement plan there upon fell through.

The Secretary for Justice as protector of charities once prevented Nina Wang's estate from being divided up. He did play a crucial role. That shows official supervision is essential. It is open to discussion what part the UN Secretary-General or the Chinese Premier should have in supervising the Foundation. However,we are certain that it will cause no problems for the CE to help run the Foundation. He may do so by attorney (through the agency of the Secretary for Justice or the Director of Social Welfare) to ensure that it will remain true to its purposes.

Having won the litigation and seen justice done, Nina Wang's siblings and Chinachem employees have cause for celebration. Now, society and even the world will watch how the Foundation will endeavour to carry out Nina Wang's wishes.

明報社評

2010.02.03

期望「華懋慈善基金」真正造福公益

已故華懋集團主席龔如心的巨額遺產爭奪戰揭盅，原訟庭法官林文瀚裁定華懋慈善基金（以下簡稱基金）勝訴，商人陳振聰敗訴。龔如心這筆千億元的遺產，歷經她與家翁、華懋慈善基金與陳振聰兩場漫長爭產官司，至今已經13 年，由於陳振聰聲言上訴，事態可能還會稍為拖延才確定下來，但基本大局已定。基於龔如心的心願，我們期望爭產告一段落之後，這筆巨款能夠真正作慈善用途，造福社會甚至全人類，而非變成供人揮霍的私產。

爭產首戰，陳振聰除了輸官司，要負責華懋慈善基金的巨額堂費，另外，由於法官在判辭說「2006 年遺囑是偽造的」，陳振聰可能涉嫌觸犯其他刑事罪行。龔如心當年與家翁爭產，首戰落敗之後，被控以偽造、使用虛假文書及意圖妨礙司法公正3 項罪名，昨日，法官的判辭其實說有人犯法，警方應會開展調查，檢控偽造遺囑的人。

龔如心的弟妹和華懋集團中人喜氣洋洋，他們在「天地有正氣」的橫幅下召開記者會，對應此案一些特點，這個安排意在言外，使人心有戚戚然之感。不過，相信更多市民期望， 「天地有正氣」的精神，能夠真正在華懋慈善基金體現和落實。

龔如心2002 年的遺囑，把全部財產撥歸她與王德輝共同創立的華懋慈善基金。龔如心希望在她死後，將這個慈善基金交託與聯合國秘書長、中國總理和香港特區首長組成的管理機構監管。她的遺囑特別提到，這個慈善基金目的之一，是要設立屬於中國、類似諾貝爾獎一類具有世界性意義的獎項。不過，龔如心死後掀起爭產官司，她的理想不單未見推行，中間還發生過基金險遭瓜分的插曲。

據知在爭產案進入司法程序之前，陳振聰和華懋慈善基金的董事，曾經接觸，安排和解，把基金的資產全部分了；就在雙方準備進行調解程序時，作為「慈善基金守護人」的律政司長得悉，以強烈措辭指事件涉及慈善基金，任何和解協議都必須得到律政司長及法庭批准。經律政司強烈表態後，雙方和解告吹。

律政司的守護人角色，在一度隱現的「瓜分」操作中，起了關鍵煞車作用，證明具官方身分的監察，甚為必要。聯合國秘書長和中國總理以什麼身分參與，可以探討，行政長官參與管理，肯定無問題，行政長官可以委託代表（例如律政司長或社會福利署長）參與監管，確保華懋慈善基金不變質。

總之，贏了官司，伸張了正義，龔如心的弟妹和華懋集團中人值得高興；接下來是香港社會以至全人類，都會留意龔如心的善行和理想，如何透過華懋慈善基金實現。

Glossary

estate /I'steIt/

all of a person's assets and liabilities, especiallyat death.

behest /bI'hest/

command, entreaty.

Fall through

not be carried out, not happen.