抗爭者屢遭重判　李國能先提保司法獨立　再籲年輕人對國家負責任

近年社運人士在抗爭行動後被檢控的案例接連發生，不少人更被重判入獄，其中打響雨傘運動頭炮的衝擊公民廣場案，律政司更在黃之鋒等人被輕判後，不服上訴要求重判，引發社會關注。
終審法院前首席法官李國能今日（30日）出席香港大學法律學院畢業典禮時，提到法律從業人員應遵守專業操守，提醒「律師必須盡己所能秉持法治精神，保持司法獨立構對一國兩制下的香港至關重要。」與此同時，李國能將講話焦點移向年輕人，指出「世界各地人民都非常了解自己的權利……而有些人從社會虧欠他們的角度出發，去思考和行動」，呼籲年輕人以負責任態度行使權利，「不同層級的責任包括對我們的國家中國、香港社區、我們的職業和家庭。」

李國能致辭時以大篇幅祝賀和鼓勵即將畢業的法律界專業人士，惟演說中段話鋒一轉，提及司法獨立及人民行使權利時應負責任。

他指，法律專業「非常光榮」，法律專業人士「我們必須記住法律工作是光榮的職業，以使專業道德無論何時都得到彰顯；此外，律師必須盡己所能秉持法治精神，保持司法獨立構對一國兩制下的香港至關重要。（  we must always remember that the practice of law is an honorable profession and that professional ethics must be observed at all times to the fullest.  Further, lawyers must do their part to uphold the rule of law with an independent Judiciary which is of pivotal importance to Hong Kong under one country two systems.）」

緊接該部分，李國能則以約兩倍於論及司法獨立的篇幅，呼籲年輕人「必須負責任地行使各項權利（ all rights should be exercised responsibly）」。他指，「世界各地人民都非常了解自己的權利……而有些人從社會虧欠他們的角度出發，去思考和行動。（ people all around the world are very conscious of their rights.  They talk about their entitlements. Some even think and act in terms of what society owes them. ）」、「人們應該負責任地行使權利，此刻正是時候權衡和認知，相對於權利，責任有同等重要性；不同層級的責任包括對我們的國家中國、對香港社區、對我們的職業和家庭。我認為培養公民責任，在爭取更美好未來的過程中最為重要。 But all rights should be exercised responsibly. It is high time for the balance to be redressed and that we recognize and accord at least equal importance to our responsibilities.  Responsibilities at various levels: to our country, China, to our community in Hong Kong, to our profession and to our family. I believe that developing a strong sense of responsibility by all citizens is of fundamental importance in our strive for a better future.）」

此外，李國能亦呼籲法律專業人士「不應過度沉迷物質」，「我們身處高度物質享樂主義的世界，有些人以賺取的收入及花費衡量人的價值……我們藉由得到的去維持生計，我們藉由付出的來創造生活。你們必須準備為社會作出貢獻，最終我們的社會必須在尊重人的尊嚴的社會良知中，找到自己的靈魂。」

李國能演辭全文（英文原版）

I am honoured to be invited to participate in this Graduation Ceremony.  As we are in the year celebrating the 50th anniversary of the Faculty of Law, this is an occasion of historic significance.  I am delighted to be here at this meaningful event.

Even on the eternal clock of history, 50 years, half a century, represent a significant period for any institution.  The 50th Anniversary is a time for celebration and eflection.  It is also a time to look forward with commitment to the exciting challenges ahead.

Looking at the past, this Law School has built up a formidable reputation as our premier Law School.  It is one of the best in Asia and ranks among the top law schools in the world. It has produced graduates who form the backbone of the Judiciary and the legal profession. Its graduates also contribute in business, government and other sectors. Many occupy leadership positions in public and civic life.  I would like to express my warmest congratulations to all concerned, professors and graduates, for what you have achieved. You have every reason to be very proud of this Law School.

Of course, no institution can rest on its laurels.  Looking ahead, I am sure that this Law School will continue to strive for excellence in its teaching and research and that it will go from strength to strength. Lawyers have a crucial role to play in upholding the rule of law and lawyers are what law schools make them. That is why this Law School will continue to play such a significant role in maintaining the rule of law in our society.  I would like to wish the School every success in its important endeavours.

On this happy occasion, I would like to convey to all graduates at both first degree and postgraduate levels my warmest congratulations.  I am sure that the graduating students will agree with me when I say that you owe a great debt of gratitude to your families and your teachers for their unstinting support and wise guidance.  It is a debt of honour which I am sure you will never forget. They must be very happy today and have every reason to be proud of your achievements. To them, I also wish to extend my congratulations and best wishes.

The body of alumni is a most important stakeholder of any Law School and can provide it with invaluable support.  You have received much from this School and I trust you will do your part to contribute to the development of your Alma Mater in future years.

When this Law School was founded some 50 years ago in 1969, the world was a very different place. Compact discs were unknown, let alone computers and the Internet.  Hong Kong had a Legislative Council the members of which were all appointed by the Governor. We had no cross harbor tunnel at all. The Hunghom tunnel was only completed in 1972. 

Those somewhat idyllic times are long past.  The last half century has witnessed the most momentous changes in the world.  We have seen the most amazing advances in science, technology and in every field of human endeavor.  As a striking example, it has been pointed out that there is today more computer power in a Ford family car than there was in Apollo II when Neil Armstrong took it to the Moon in 1969.  All around the globe, there have been sea changes in the geopolitical landscape. Above all, our Motherland, China, has emerged as a modern and strong nation.

By the time the graduating students of today reach the prime of their working lives in say 20 to 30 years’ time, we will be marching towards the middle of this century.  What will the world be like then? What does the future hold? Looking in the future, we can only be certain of one thing. The pace of change in all fields is likely to accelerate.  The only certainty is uncertainty and the only security is the ability to cope with insecurity. I wish to offer our graduates a few thoughts which may provide them with guidance in meeting the exciting challenges ahead.

First, amongst rapid and accelerating changes, we must always remember that the practice of law is an honorable profession and that professional ethics must be observed at all times to the fullest.  Further, lawyers must do their part to uphold the rule of law with an independent Judiciary which is of pivotal importance to Hong Kong under one country two systems.

We must develop a strong sense of responsibility.  Today, people all around the world are very conscious of their rights.  They talk about their entitlements. Some even think and act in terms of what society owes them.  But all rights should be exercised responsibly. It is high time for the balance to be redressed and that we recognize and accord at least equal importance to our responsibilities.  Responsibilities at various levels: to our country, China, to our community in Hong Kong, to our profession and to our family. I believe that developing a strong sense of responsibility by all citizens is of fundamental importance in our strive for a better future.

We live in a highly materialistic world, with some people measuring human worth by how much one earns and spends.  But legal professionals should not be obsessed with materials possessions. I hope you will remember that, as has been well said, we make a living by what we get but we make a life by what we give.  You must be prepared to contribute to the welfare of our society. Ultimately our society must find its soul in its social conscience based on respect for human dignity.

So act honorably and ethically, develop a strong sense of responsibility and contribute to the welfare of society.

Secondly, it is important to be and to remain adaptable at all times in order to meet changing circumstances.  This is essential for success and indeed survival. As has been wisely observed, it is not the strongest or the most intelligent who survive.  It is those who are most adaptable to change that are able to survive.

In order to remain adaptable, we must believe in and practice learning for life.  This would ensure that we would have the knowledge and skills required from time to time in order to survive and thrive.  Things taught at schools and universities are not an education but only a means to an education and there are no limits and boundaries to learning.  We must be keen to continue to learn from experience in the university of life. As has been wisely observed, experience is the teacher of all things.

Thirdly, it is most important to develop the strength of character, the inner strength, to overcome adversity.  Life’s journey is a long distance one. As you progress through it, there will be many ups and downs. Sometimes, the sun will shine on you.  But at other times, life can be stormy. Sometimes, the sailing will be plain. At other times, the territory will be rugged. It is important always to move on, with the determination to overcome adversity.  “For sweet are the uses of adversity” as Shakespeare pointed out. You must face life’s challenges with great vigor and courage.

In concluding, I am sure that with the excellent education you have received at this law School, you are well prepared to continue on life’s journey and to face life’s many challenges.

You should aim high and strive to make a difference.  Each of you has the opportunity to fly as high as your ability, commitment and industry will take you.  I wish all graduates every success and happiness.

Thank you.  Good Health and Good fortune to you all.