眾新聞 Logo
眾新聞 CitizenNews
眾聞

政府「雙禁」馬凱 大律師公會:須解釋原因


大律師公會發聲明,關注《金融時報》亞洲編輯、外國記者會第一副主席馬凱(Victor Mallet),被特區政府拒發工作簽證及拒絕入境,政府卻未有解釋原因。公會表示,本地及海外關注特區政府的決定,是否對言論自由造成無理干預,由於政府未有給予解釋,公眾難以判斷及釋除疑慮;香港尊重法治、保障居民基本權利的聲譽也會受損。

大律師公會表示,《基本法》保障香港居民的表達自由,政府有責任和義務尊重,不論是否同意相關意見。表達自由不是絶對,但以社會利益作為限制表達自由,必須提出具說服力的證據支持。公會要求政府解釋,拒向馬凱發簽證、拒馬凱入境的原因,以便公眾評估有關理據是否充分。政府亦應該證明會履行責任,保障《基本法》載有的權利和自由。

《金融時報》亞洲編輯馬凱。資料圖片

Statement of the Hong Kong Bar Association on Victor Mallet

The Hong Kong Bar Association (“the HKBA”) expresses its concern that the Hong Kong Government last month refused the application of Mr Victor Mallet, a senior journalist with a respected international publication, to renew his work visa and more recently refused him entry into Hong Kong as a visitor (“the Decisions”). The Government has refused to explain the reasons for the Decisions.

The right to freedom of expression is enshrined in the Basic Law. It includes the freedom to receive and impart information and ideas without interference by public authorities. Everyone, in particular the Government, has an obligation to respect such freedom whether one agrees with the information or ideas or not.

Whilst the right to freedom of expression is not absolute, any restriction on its exercise in a society which respects and protects such a right must be a proportionate response with the aim of upholding a legitimate societal interest and backed by cogent and persuasive evidence.

In the light of Mr Mallet’s recent involvement in a public lecture, the HKBA considers that the public, both domestically and internationally, is justifiably concerned whether the Decisions constitute undue interferences with the right to freedom of expression. Without any reasons being given by the Government, the public is in no position to judge whether the Decisions are proportionate responses to protect a legitimate societal interest as aforesaid and thereby have its concerns removed. Hong Kong’s reputation as a society which is governed by the rule of law and is protective of the fundamental rights of its residents is being damaged.

The HKBA therefore calls upon the Government to explain the Decisions so that the public can see if good reasons exist for them. The Government should demonstrate that it will fulfil its duty to safeguard all the rights and freedoms enshrined in the Basic Law.




請加入成為眾新聞的月費訂戶,長期支持我們的工作。所有訂戶都可以收到我們的「每周時事」通訊 。

月費訂戶網址:hkcnews.com/aboutus/#subscribe