QIU Ziming, a reporter with EconomicObserver News, a mainland publication,published a series of articles allegingillegalities connected with the initial public offering ofZhejiang Kan Specialty Material Co. The SuichangCounty police regarded him as a suspect on the runand issued a warrant for his arrest. Not sooner had theaffair come to light than there was a public outcry.Under the pressure of public opinion and on the Lishuipublic security bureau's instructions, the Suichangpolice cancelled its order to arrest him. Thatinvalidated the warrant.
Qiu's reports say Kan may have misappropriatedstate-owned assets during its IPO and money mayhave been siphoned from a listed company with forgedland use certificates. According to Economic ObserverNews's account of the affair, it began towards the endof last May. When he gathered information, Qiu'sperson was threatened. To buy his silence, Kanoffered him a sum of money, which he refused. OnJuly 27, the police of Suichang (Lishui, Zhejiang),where Kan is based, issued a warrant to arrest him onsuspicion of "damaging a company's reputation".
Economic Observer News has issued a solemnstatement in support of Qiu. It says, "When the reportergathered information, he and his sources wererepeatedly threatened and offered inducements. Westrongly condemn the use of public power to suppresspublic opinion and any threats to media workers'personal safety."
The illegalities alleged in Qiu's reports about Kan'sreorganisation may amount to economic crimes.Instead of following the leads reported in those articles,the Suichang police tried to arrest and prosecute theirauthor. They have simply put the cart before the horseand stood facts on their heads.
Qiu has for the time being avoided persecution.
However, it is not yet known whether Kan will be dealtwith for its alleged illegalities. Mainland journalists whocarry out their duty of exposing injustices may come inharm's way. According to mainland legal experts,
because media workers' rights and responsibilities arenot defined by law, it is open to some to availthemselves of certain draconian provisions of thecriminal code. Therefore, it remains extremely difficultfor journalists to expose evils and speak out for thepeople as they are duty-bound to do.
"Law-enforcement in revenge" is apparently inaccordance with the law. The authorities of a localitymay use their powers to deal with reporters to "protectits government's and its departments' image" and"safeguard the locality's economic development". Whywould a locality's authorities wallow in the miretogether with its villainous groups or act as theirlackeys? That has much to do with what lies at the rootof corruption.
The authorities' attempts to deter media
supervision are proof that such supervision touchesthem on the raw. The police often act as vestedinterests' thugs and guards. Some mainlandersdescribe the Suichang police's behaviour in the QiuZiming affair as a "fragrant violation of the media'ssupervisory power". It has again given people torealise that, unless public power is further restrained,law-enforcement agencies are effectively preventedfrom abusing their powers and effective measures aretaken to prevent public power from being "privatised","law-enforcement in revenge" cannot be stopped.
It is an important task in improving the mainland'slegal system to find ways to protect the media's right ofsupervision and safeguard media workers' personalsafety. If those in power are prepared to introduce thisreform and they succeed, there will be great poweragainst corruption, and many of the mainland'sdeep-rooted problems can be readily solved.
揚弊記者竟遭全國通緝地方官商勾結無法無天
內地《經濟觀察報》記者仇子明接連發表多篇報道,指浙江凱恩集團在上市過程中,涉嫌有不法行為,竟被遂昌縣公安局以「刑拘在逃人員」,發出全國通緝令。事態揭露後群情洶湧,迫於輿情,在麗水市公安局責成下,遂昌公安局撤銷對仇子明的刑事拘留,通緝令自然也無效。
仇子明的報道,指凱恩集團在上市過程中,涉嫌侵吞國有資產、通過他人偽造土地使用權、從上市公司套取資金等問題,據經濟觀察報社披露的〈情况說明〉,事態由 5 月下旬開始,仇子明在採訪中遭到人身威脅,凱恩集團也曾嘗試給予仇子明一筆「封口費」,被仇子明拒絕。到本月27 日,仇子明被凱恩集團所在地浙江麗水遂昌縣公安局以「涉嫌損害公司商業信譽」罪名,認定為刑拘在逃人員,並已向全國發出通緝令。
《經濟觀察報》的嚴正聲明,全力支持仇子明,並表示「在採訪過程中,相關當事人和記者多次受到利誘、威脅。對於有人試圖借助公權力壓倒輿論監督,威脅新聞工作者人身安全,我們表示強烈譴責」。該報要求國家新聞總署及中國記協採取維權行動,維護新聞工作者的正當採訪和報道權,保護新聞工作者的人身安全。
仇子明報道凱恩集團改制過程中種種問題,已經涉嫌經濟犯罪。遂昌縣公安局對媒體所報道的經濟犯罪線索不立案調查,卻對報道違法犯罪問題的記者進行刑事追訴,完全是捨本逐末,是非顛倒。
仇子明暫時得以免遭逼害,但是他所揭露的凱恩集團涉嫌的問題,會否得到正視和處理,還在未知之數;至於記者執行公務,揭露不公平而陷身險境,內地法律專家認為,基於內地對新聞監督的權利、責任,缺乏法律界定,為一些人利用刑法中的極端條例解決問題,提供了條件。所以內地記者在履行揭露黑暗面、為民喉舌的天職,仍然舉步維艱。
這類報復性打壓,都披上「依法辦事」外衣,以「維護地方和部門形象」、「保護地方經濟發展」為由,借助公權力對付記者。至於公權力為何與地方惡勢力沆瀣一氣或為虎作倀,那是觸及貪污腐敗的深層原因。
官員打壓輿論監督,其實正好說明輿論監督擊中其要害,而在打壓中,公安警察經常成為利益集團的打手、貪污腐敗的保護神。就遂昌公安局對付仇子明事件,內地有人形容為「是對媒體輿論監督權的公然施暴」,使人再一次體認,內地若未能加強制約公權力,未能有效控制執法者行使權力的裁量權,未能遏止公權力「私有化」,則「報復性執法」也就不可能杜絕。
保護輿論監督、保護新聞工作者人身安全,是中國法治建設的重要環節,若改革成功(當權者願意改革的話),不但是對付貪污腐敗的強大力量,內地許多深層次問題也可以迎刃而解。
Glossary
illegality /Ili:'galItI/illegal act.
misappropriate /mIs ?'pr ?ʊyprIeIt/If you misappropriate another's property, youapply it to your own use.
touch on the raw
If you touch a person on the raw, you upsethim on a sensitive matter.
2010年8月2日星期一
2010年6月7日星期一
Tsang talks but Beijing has final say
Chief Executive Donald Tsang Yam- kuen and his political lieutenants continued their roadshow, taking to the streets again to drum up greater support for the 2012 electoral proposal.
Tsang is trying his best to exorcise the curse that even though public opinion polls have consistently shown majority support for the proposed reform package, diehard opposition lawmakers are determined to ignore what most people want.
The chief executive hopes that by reaching out to the masses, the public can become a force strong enough to change the minds of at least a few to vote for the package at the critical moment.
It's clear Tsang is keen to engage the public to spread the message. He opted to do it quietly the first time, so that he could talk to the people freely wherever he went. This unpublicized approach angered political foes and the media. The open-top bus tours a week ago attracted scathing attacks as they were kept hush- hush until after the tours were finished.
Yesterday's outings were different - the government gave the timetable and roadmap of activities in order for the media to deploy reporters and photographers. The chief executive, chief secretary and financial secretary were to lead three different teams on Hong Kong Island, Kowloon and the New Territories at 3pm. Itinerary details were announced to the press shortly before 1pm.
The advance notice was accommodating to the media, but it also allowed protesters to lay in waiting for the officials. Some suggested the League of Social Democrats somehow obtained the itinerary and posted it on the internet for its supporters to go after the officials, hence yesterday's commotion.
As seen by many people, Tsang's "Act Now" campaign may be a show. But it also confirms the helplessness of his administration over the situation, since in the end, it's the central government that has the final say.
Self-contradiction is evident in the SAR government's latest tactics. On one hand, Tsang and senior officials, including Executive Council members, have been seeking to lower community expectations for the 2012 package by sounding pessimistic about the outcome of the legislative vote.
On the other hand, the chief executive and government officials have embarked on an unprecedented political exercise to raise expectations to press for a two-thirds majority result for the vote.
But I'm concerned about the downsides associated with the two- pronged approach that is contradictory. The warning of low - or even no - confidence in the vote may be tactical in managing public expectations. There are shortfalls that, should the reforms be rejected, there will be substantial backlash from raised public expectations charged up by the campaign. Time is truly pressing. The vote will likely be held in a few weeks. Yet, everybody in town, including those in the SAR government, Democratic Party and Central Government's Liaison Office, is waiting for word from Beijing.
Meanwhile, it's still best to let society focus on striving to pass the proposals.
英文虎報 - Central Station | By Mary Ma
Tsang is trying his best to exorcise the curse that even though public opinion polls have consistently shown majority support for the proposed reform package, diehard opposition lawmakers are determined to ignore what most people want.
The chief executive hopes that by reaching out to the masses, the public can become a force strong enough to change the minds of at least a few to vote for the package at the critical moment.
It's clear Tsang is keen to engage the public to spread the message. He opted to do it quietly the first time, so that he could talk to the people freely wherever he went. This unpublicized approach angered political foes and the media. The open-top bus tours a week ago attracted scathing attacks as they were kept hush- hush until after the tours were finished.
Yesterday's outings were different - the government gave the timetable and roadmap of activities in order for the media to deploy reporters and photographers. The chief executive, chief secretary and financial secretary were to lead three different teams on Hong Kong Island, Kowloon and the New Territories at 3pm. Itinerary details were announced to the press shortly before 1pm.
The advance notice was accommodating to the media, but it also allowed protesters to lay in waiting for the officials. Some suggested the League of Social Democrats somehow obtained the itinerary and posted it on the internet for its supporters to go after the officials, hence yesterday's commotion.
As seen by many people, Tsang's "Act Now" campaign may be a show. But it also confirms the helplessness of his administration over the situation, since in the end, it's the central government that has the final say.
Self-contradiction is evident in the SAR government's latest tactics. On one hand, Tsang and senior officials, including Executive Council members, have been seeking to lower community expectations for the 2012 package by sounding pessimistic about the outcome of the legislative vote.
On the other hand, the chief executive and government officials have embarked on an unprecedented political exercise to raise expectations to press for a two-thirds majority result for the vote.
But I'm concerned about the downsides associated with the two- pronged approach that is contradictory. The warning of low - or even no - confidence in the vote may be tactical in managing public expectations. There are shortfalls that, should the reforms be rejected, there will be substantial backlash from raised public expectations charged up by the campaign. Time is truly pressing. The vote will likely be held in a few weeks. Yet, everybody in town, including those in the SAR government, Democratic Party and Central Government's Liaison Office, is waiting for word from Beijing.
Meanwhile, it's still best to let society focus on striving to pass the proposals.
英文虎報 - Central Station | By Mary Ma
2010年5月31日星期一
2010年5月23日星期日
2010年5月16日星期日
2010年5月13日星期四
2010年5月2日星期日
2010年4月26日星期一
Philanthropy
YESTERDAY in Shanghai Yu Panglinannounced he would donate his entirefortune, worth nearly HK$10 billion, to charity.He began to donate money to charity thirty years ago.His decision to use his fortune to do society goodinstead of leaving his children any money bestrepresents his care for people's hardships. It is mostcommendable that Mr Yu has made necessaryarrangements to ensure that his charitable efforts willsurvive him. There is no lack of Hong Kong tycoonswho are enthusiastic about philanthropic work. If they,like Mr Yu, try to make sure that their charitable effortswill continue after they have passed away, the worldwill become much better.
Mr Yu would leave his children nothing because ofhis peculiar point of view. He once said, "Why should Ileave any of my sons any money if they have morestrengths than I or if they have more weaknesses thanI? If they are resourceful, they will do better than I. Ifthey don't compare with me, they may indulge indissipation - gambling, whoring and even doing drugs.Then it would harm them to leave them any money."Mr Yu said he had appointed HSBC as the trusteeof his fortune and stipulated that no part of it might beinherited, sold or invested and all of it should be usedfor charitable purposes. He has made thisarrangement and openly announced it because hewants to make sure that resources will be available sothat his charitable work can be continued after hisdeparture from this world. That shows how determinedhe is to devote his fortune to charity.
Yu Panglin, who got smuggled into Hong Kong inthe 1950s, has worked hard all his life. He once didodd jobs and worked as a rickshaw man. He owes hisaccomplishments to his own efforts. Now it seemsclear that it is his dream to do philanthropic work. Manycherish dreams. It is common knowledge how HenryFok, who worked hard to become rich, requited hisnative town and the nation. A dream he cherished inhis later years was to turn Nansha, a swamp, into ascientific research centre. However, he made noappropriate financial arrangements for realising thatdream. His children are so concerned about returnsthat peanuts still grow on the site for the HKUST FokYing Tung Graduate School, whose completion wasscheduled for the end of 2008.
Furthermore, Nina Wang stated in her 2002 willthat the whole of her $100-billion estate should betransferred to the Chinachem Charitable Foundation,which she and Teddy Wang, her husband, hadfounded. Nina Wang had a dream. However, becauseshe failed to make concrete arrangements when shewas alive, Tony Chan contended for her legacy assoon as she died. God knows whether her wish will becarried out.
Tycoons may have dreams of benefiting societyby devoting their wealth to charitable purposes.However, if they fail to make concrete arrangements,none can be certain that their dreams will come true.Yu Panglin's fortune is perhaps peanuts to what manya tycoon has. However, because he has madenecessary arrangements, his dream is very likely tocome true. This is what tycoons who intend to benefitsociety with their wealth would do well to pay heed to.
余彭年盡捐百億家財無私善行仁義可風
余彭年昨日在上海宣布,把接近100 億港元家財,全部用於慈善事業。余彭年捐款行善已30 年,他選擇把龐大家財造福社會,而非留給子孫,這是民胞物與、痌瘝在抱精神和情懷的最高體現。最可貴者是余先生已經作好安排,確保就算有朝一日百年歸老了,他的善行仍然可以延續下去。本港熱中慈善事業的富豪大不乏人,如果他們能與余彭年一樣,做好善行可持續下去的安排,則這個世界會更美好。
余彭年不留家財給後輩,有一套觀點,他認為「兒子強與我,留錢做什麼;兒子弱與我,留錢做什麼;兒子如果有辦法,他比我做得更好,兒子不如我,他們每天花天酒地,甚至於黃賭毒都有,這樣反而害了他」。余彭年表示他的所有財產全部委託香港匯豐銀行託管、監管,並明確定下所有財產不繼承、不變賣、不投資,全部用於慈善事業。余彭年這個安排和公開宣示,是為確保一旦乘鶴西去之後,他所致力的慈善事業仍然有資源繼續推行下去,顯示他要把財產做善事的決心之大和堅定。
余彭年畢生奮鬥,1950 年代偷渡來港,做過雜工,拉過黃包車,憑努力成就一番事業,現在看來,做善事是他的夢想。許多人都有夢想,已故的霍英東先生也是奮鬥致富,他回饋國家、鄉梓的事,街知巷聞,他晚年的夢想是把一片沼澤荒地的南沙發展成為科研中心,只是霍老有生之年,並未就這個夢想在財務上作更適當安排,而他的後人關注回報問題,使得原本2008 年底完工的「香港科技大學霍英東研究院」,現在仍是種花生的田野。
還有,龔如心的千億元遺產,她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。龔如心空有夢想,生前並無具體落實安排,使她死後隨即掀起陳振聰的爭產官司。她的遺囑能否實現,只有天曉得。
富豪縱有做善事回饋社會人民之夢,若無具體落實安排,則無人可以保證其夢想可以延續和實現。與許多富豪相比,余彭年的家財可能只及零頭,但是余老先生已經做了必要安排,夢想能夠實現的可能性很高,這一點,值得有意以家財濟世的富豪參考。
Glossary
philanthropy /fI'lan r pI/the practice of helping the poor and those inneed, especially by giving money.
survive
exist or live longer than (somebody).dissipation /dIsI'peI ʃ()n/behaviour which is enjoyable but is harmful.
Mr Yu would leave his children nothing because ofhis peculiar point of view. He once said, "Why should Ileave any of my sons any money if they have morestrengths than I or if they have more weaknesses thanI? If they are resourceful, they will do better than I. Ifthey don't compare with me, they may indulge indissipation - gambling, whoring and even doing drugs.Then it would harm them to leave them any money."Mr Yu said he had appointed HSBC as the trusteeof his fortune and stipulated that no part of it might beinherited, sold or invested and all of it should be usedfor charitable purposes. He has made thisarrangement and openly announced it because hewants to make sure that resources will be available sothat his charitable work can be continued after hisdeparture from this world. That shows how determinedhe is to devote his fortune to charity.
Yu Panglin, who got smuggled into Hong Kong inthe 1950s, has worked hard all his life. He once didodd jobs and worked as a rickshaw man. He owes hisaccomplishments to his own efforts. Now it seemsclear that it is his dream to do philanthropic work. Manycherish dreams. It is common knowledge how HenryFok, who worked hard to become rich, requited hisnative town and the nation. A dream he cherished inhis later years was to turn Nansha, a swamp, into ascientific research centre. However, he made noappropriate financial arrangements for realising thatdream. His children are so concerned about returnsthat peanuts still grow on the site for the HKUST FokYing Tung Graduate School, whose completion wasscheduled for the end of 2008.
Furthermore, Nina Wang stated in her 2002 willthat the whole of her $100-billion estate should betransferred to the Chinachem Charitable Foundation,which she and Teddy Wang, her husband, hadfounded. Nina Wang had a dream. However, becauseshe failed to make concrete arrangements when shewas alive, Tony Chan contended for her legacy assoon as she died. God knows whether her wish will becarried out.
Tycoons may have dreams of benefiting societyby devoting their wealth to charitable purposes.However, if they fail to make concrete arrangements,none can be certain that their dreams will come true.Yu Panglin's fortune is perhaps peanuts to what manya tycoon has. However, because he has madenecessary arrangements, his dream is very likely tocome true. This is what tycoons who intend to benefitsociety with their wealth would do well to pay heed to.
余彭年盡捐百億家財無私善行仁義可風
余彭年昨日在上海宣布,把接近100 億港元家財,全部用於慈善事業。余彭年捐款行善已30 年,他選擇把龐大家財造福社會,而非留給子孫,這是民胞物與、痌瘝在抱精神和情懷的最高體現。最可貴者是余先生已經作好安排,確保就算有朝一日百年歸老了,他的善行仍然可以延續下去。本港熱中慈善事業的富豪大不乏人,如果他們能與余彭年一樣,做好善行可持續下去的安排,則這個世界會更美好。
余彭年不留家財給後輩,有一套觀點,他認為「兒子強與我,留錢做什麼;兒子弱與我,留錢做什麼;兒子如果有辦法,他比我做得更好,兒子不如我,他們每天花天酒地,甚至於黃賭毒都有,這樣反而害了他」。余彭年表示他的所有財產全部委託香港匯豐銀行託管、監管,並明確定下所有財產不繼承、不變賣、不投資,全部用於慈善事業。余彭年這個安排和公開宣示,是為確保一旦乘鶴西去之後,他所致力的慈善事業仍然有資源繼續推行下去,顯示他要把財產做善事的決心之大和堅定。
余彭年畢生奮鬥,1950 年代偷渡來港,做過雜工,拉過黃包車,憑努力成就一番事業,現在看來,做善事是他的夢想。許多人都有夢想,已故的霍英東先生也是奮鬥致富,他回饋國家、鄉梓的事,街知巷聞,他晚年的夢想是把一片沼澤荒地的南沙發展成為科研中心,只是霍老有生之年,並未就這個夢想在財務上作更適當安排,而他的後人關注回報問題,使得原本2008 年底完工的「香港科技大學霍英東研究院」,現在仍是種花生的田野。
還有,龔如心的千億元遺產,她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。龔如心空有夢想,生前並無具體落實安排,使她死後隨即掀起陳振聰的爭產官司。她的遺囑能否實現,只有天曉得。
富豪縱有做善事回饋社會人民之夢,若無具體落實安排,則無人可以保證其夢想可以延續和實現。與許多富豪相比,余彭年的家財可能只及零頭,但是余老先生已經做了必要安排,夢想能夠實現的可能性很高,這一點,值得有意以家財濟世的富豪參考。
Glossary
philanthropy /fI'lan r pI/the practice of helping the poor and those inneed, especially by giving money.
survive
exist or live longer than (somebody).dissipation /dIsI'peI ʃ()n/behaviour which is enjoyable but is harmful.
2010年4月20日星期二
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