“Johannes Chan”的意思、由来-开放百科全书

Johannes Chan Man-mun (陳文敏) SC is Professor of Law and former Dean of the Faculty of Law (2002-2014) at the University of Hong Kong.^[1] He specialises in human rights, constitutional and administrative law,^[2] and is the first and only academic silk ever appointed in Hong Kong. He is generally known as a visionary dean who has led the Faculty of Law at the University of Hong Kong to become a leading law school in the world. In February 2009, he was banned from entering Macau when he was invited to give a public lecture, which raised strong responses from both pan-democracy camps and pro-Beijing. In 2015, he was unanimously recommended by a search committee after a global search for a position of Vice-President/Pro-Vice-Chancellor of the University, but the recommendation was exceptionally not accepted by the University Council in a widely criticised decision for being an interference with academic freedom, as it was believed that the veto was due to his outspoken and liberal political stance.

Early life

Chan was born and educated in Hong Kong. He earned his LLB from the University of Hong Kong and his LLM at the London School of Economics and Political Science.^[2]

Career

Chan was called to the Hong Kong Bar in September 1982, specialising in public law and human rights. He has appeared as counsel in many leading constitutional law cases, covering a wide spectrum of issues such as free speech, fair trial, election and social welfare rights.^[3] In 2003, he was appointed the first Honorary Senior Counsel in Hong Kong, and remains so far the only academic silk in Hong Kong.

Chan joined the University of Hong Kong as a lecturer in 1985, became a Professor in 1998, the Head of Department of Law in 1999-2002, and the Dean of the Faculty of Law in 2002-2014. Being the longest serving Dean of the Faculty, Chan is well regarded both locally and internationally as a transformative and visionary Dean. During his deanship he has led the transformation of the Faculty of Law of the University of Hong Kong from a local teaching law school to one of the leading global law schools which has consistently been ranked within the top 20 law schools in the world. He has introduced many new initiatives, including the introduction of double degree programmes with different disciplines in the University and with different leading universities overseas, long before double degree programmes become popular, as well as the first (and the only) clinical legal education programme in Hong Kong. He is one of the pioneers in offering a common law training programme to train judges and legal officers of the Mainland, and together with UCL and Peking University, he introduced a series of rule of law programmes in the Mainland. Under his leadership, the Human Rights programme has been significantly expanded and has since 1999 trained graduates from many Asian countries, many of which are now included in the One Belt, One Road initiatives, twenty years before the initiative was introduced. He has built up strong and strategic academic and research relations with leading law schools at different Continents, and was one of the founders and once President of Asian Society of Law Institutes (ASLI), the largest umbrella organisation of Asian law schools. When he stepped down from deanship in 2014, he left behind as his legacy a thriving Faculty of Law that has earned international respect, a new home for the Faculty with state of arts facilities, and a strong financial cushion for development. He was conferred Life Membership by the HKU Law Alumni Association in 2015 in recognition of his great contribution to the Faculty.

Chan is also a leading academic and has published widely in the field.^[4] His book, Law of the Hong Kong Constitution, is a leading treatise on the unique constitution of One Country, Two Systems, in Hong Kong. According to declassified documents at the Public Records Office in 2018, one of his early articles on A Bill of Rights for Hong Kong has significantly influenced the thinking of the UK Foreign and Commonwealth Office and shaped the final format of the Hong Kong Bill of Rights 1991. He was a visiting professor to a number of universities in Europe and Asia, including being the BOK Visiting International Professor of Penn Law School, University of Pennsylvania (2014), Herbert Smith Freehills Visiting Professor of Cambridge University (2015), and a visiting fellow of Gonville and Caius College, Cambridge University.

He is also a outspoken critics on legal affairs. He was a founding member of the Article 23 Concern Group and Article 45 Concern Group, and has been at the forefront in opposing the attempt of the HKSAR Government to introduce a national security Bill in 2003, which bill was eventually withdrawn after half a million people went to the street in protest. He was one of the founders of Hong Kong Human Rights Monitor. Internationally, he has worked on specific issues with many non-governmental organisations (such as Amnesty International, Lawyers Committee, the International Committee of Red Cross, Article 19). He has also appeared in official international forum and acted as a trial observer in the Asian region. In 1999, he received the Human Rights Press Award.

Chan has served on many government/public and professional bodies, including the Bar Council, the Consumer Council, the Broadcasting Authority, the Press Council, the Administrative Appeals Board, the Municipal Services Appeals Board, Law Reform Sub-Committee on Privacy, Council of the Hong Kong Red Cross, and the Central Policy Unit of the Hong Kong Government. He has served on the Consumer Council for 12 years and was the chairman of its Consumer Legal Action Fund for 6 years till 2010, during which time he oversaw, among other things, the test case involving the Lehman Brothers saga. In 1995, he was elected as one of the Ten Young Outstanding Persons in Hong Kong. In 1997, he received the Badge of Honour from the British Red Cross Society for his distinguished service. Since 2012, he has worked with the former Chief Secretary the Hon Mrs Anson Chan on democratic development in Hong Kong and is a core member of Hong Kong 2020 established by Mrs Anson Chan.

Denied entry by Macau

On 27 February 2009 Chan was invited to give a public lecture on the right to fair trial at the University of Macau. Under the newly enacted Macau national security law he was not allowed to enter Macau.^[5] The blockage was widely reported internationally and the Macau Government was criticised of interfering with free speech and academic freedom. Chan believed the entrance block was related to his role in the Article 23 concern group in 2003 when he was among the most severe critics of the National Security Bill introduced by the HKSAR Government, as the visit fell within the week when the Macau Legislature adopted its National Security Law. .^[5] He had no difficulty of visiting Mainland China or Taiwan. The only explanation given by Macau officials on the block was that his name was on a stop list and that they were just doing their job.^[5] Legislator Nelson Wong said "it seems that Hong Kong lawmakers, journalists and academics are inferior to gamblers, sex tourists and loan sharks."^[6] Ronny Tong said it would be better for Hong Kong people not to travel to Macau (casinos) for entertainment.^[6] Pro-Beijing camp Regina Ip said the SAR government must react since it affects the human rights of citizens.^[6] Albert Ho called on the Hong Kong government to stop allowing Macau senior officials from entering Hong Kong if they continued to turn away pro-democracy politicians.^[7] Chief Executive of Macau Edmund Ho said that his officials had acted according to the law. He personally believed it has nothing to do with the legislation of Article 23.^[6] Casino tycoon Stanley Ho said "those who were barred deserved what they got".^[6]^[8]

Pro-vice-chancellor selection controversy

Thought to be front-runner for the post of pro-vice-chancellor for staffing and resources of the University of Hong Kong, and having been unanimously recommended by a search committee of the University after s global search for the position in Nov 2014, Chan was criticised in Wen Wei Po and Ta Kung Pao, the two pro-China newspapers, for his liberal pro-democracy stance.^[9]^[10] Wen Wei Po, citing from a then embargoed University Grants Commission report, stated that the HKU Law Faculty lost its leading research position to Chinese University of Hong Kong when Chan was the Dean of the Law School. The pro-China newspapers accused Chan of allowing the Faculty to be too involved in politics and for not taking steps to prevent his staff Associate Professor Benny Tai from carrying out the turbulent civic movement of Occupy Central.^[11] For the following nine months Chan was subject to extensive public attacks of a scurrilous nature by the pro-establishment media. When the University Grants Commission Report was published, it showed that HKU Law Faculty lost only by a small margin in the research assessment exercise 2014 and HKU has a much larger number of returnable staff than CUHK. During Chan's deanship, HKU Law has consistently been ranked within the top 20 law schools in the world and the top law school in Asia by QS World Rankings and Times Higher Education World Rankings in the discipline of law ^[12] According to an article written by Kevin Lau in Ming Pao, parties close to the government applied pressure on committee members behind the scenes to block Chan's appointment.^[9]^[21]^[13] Chief Executive Leung Chun-ying has been reported to have telephoned members of the committee to persuade them to vote against Chan's appointment,^[21] whilst Sophia Kao, member of the Central Policy Unit, admitted that she may have mentioned Chan's candidature to someone "casually" but said she did not recall with whom and in what context.^[14]^[15] CY Leung's lieutenant Fanny Law, who was found to have interfered with institutional autonomy in 2007 whilst she was Education Secretary,^[16] categorically denied having intervened.^[13] Leung also denied allegations he intervened in the selection.^[17]

The council was criticised when it repeatedly deferred the decision to appoint Chan, stating that it should wait until a new provost was in place. The decision was repeatedly delayed through votes on 30 June and 28 July. On 29 September 2015, the council rejected Chan's appointment (by 12 votes to 8) through a secret ballot in a closed meeting; no reason for the decision was provided.^[18] Subsequent leakage of the discussions at the council meeting suggested that the reasons for rejection had nothing to do with the merits of his appointment. HKU successfully obtained an injunction restraining publications of such leaked information.

Major Books Edited and Authored

See also

References

1. ^Siamdailynews.com. "Siamdailynews.com." Hong Kong Legislative Council to debate Macau’s entries denials today. Retrieved on 4 March 2009.
2. ^¹{{cite web |url=http://www.hku.hk/law/faculty/staff/chan_johannes.html |title=Professor Johannes M M Chan SC (Hon) |publisher=Faculty of Law, The University of Hong Kong |accessdate=5 January 2010}}
3. ^See, for example, Lam Siu Po v Commissioner of Police (2009) 12 HKCFAR 237; Kong Yunming v Director of Social Welfare (2013) 16 HKDFAR 950; Chief Executive of the HKSAR v President of the Legislative Council of the HKSAR (2015)
4. ^See https://www.law.hku.hk/faculty/staff/Files/JC_publication.pdf
5. ^¹²Taipeitimes.com. "Taipeitimes.com." HK professor, politicians barred from Macau visit. Retrieved on 4 March 2009.
6. ^¹²³⁴The Standard. "Tit-for-tat policy urged over entry rules of Macau" {{webarchive|url=https://web.archive.org/web/20110604120553/http://www.thestandard.com.hk/news_detail.asp?pp_cat=30&art_id=79144&sid=22981439&con_type=1&d_str=20090305 |date=4 June 2011 }}. Retrieved on 4 March 2009.
7. ^Google.com. https://www.google.com/hostednews/afp/article/ALeqM5gfDsEKD74Ji5Lr6YzMMPLJjCxNRQ. Retrieved on 4 March 2009.
8. ^South China Morning Post. "HK lawmakers unite against Macau over entry denials." SCMP, Retrieved on 4 March 2009.
9. ^¹http://www.ejinsight.com/20150212-apple-daily-leung-tried-to-stop-chans-hku-appointment/
10. ^"Ex-HKU dean feels Beijing media heat". The Standard, 4 February 2015
11. ^HKU law faculty falls short in research field {{webarchive|url=https://web.archive.org/web/20150213103227/http://www.thestandard.com.hk/news_detail.asp?pp_cat=11&art_id=153643&sid=43765907&con_type=1 |date=13 February 2015 }}. The Standard, 27 January 2015.
12. ^[https://www.topuniversities.com/university-rankings/university-subject-rankings/2014/law-legal-studies]
13. ^¹{{cite web|url=http://hk.apple.nextmedia.com/realtime/news/20150212/53429851|title=傳政府阻港大陳文敏升職羅范：點會重蹈覆轍|work=Apple Daily |language=zh}}
14. ^{{cite web|url=http://www2.hkej.com/instantnews/current/article/989711/%E9%AB%98%E9%9D%9C%E8%8A%9D%E6%89%BF%E8%AA%8D%E3%80%8C%E8%8C%B6%E9%A4%98%E9%A3%AF%E5%BE%8C%E3%80%8D%E6%9B%BE%E8%A8%8E%E8%AB%96%E9%99%B3%E6%96%87%E6%95%8F%E4%BA%8B%E4%BB%B6|title=高靜芝承認「茶餘飯後」曾討論陳文敏事件|work=hkej.com|language=zh}}
15. ^{{cite web|url=https://hk.news.yahoo.com/%E9%83%AD%E6%A6%AE%E9%8F%97-%E9%AB%98%E9%9D%9C%E8%8A%9D%E8%BA%AB%E5%88%86%E7%89%B9%E6%AE%8A-%E6%98%AF%E5%90%A6%E4%B8%BB%E5%8B%95%E8%AB%87%E9%99%B3%E6%96%87%E6%95%8F%E9%83%BD%E6%9C%89%E5%95%8F%E9%A1%8C-131000147.html|title=郭榮鏗：高靜芝身分特殊　是否主動談陳文敏都有問題|date=12 February 2015|work=Yahoo 新聞香港|language=zh}}
16. ^{{cite web |author=Scarlet Chiang |title=Li cleared of wrongdoing by HKIEd commission |date=21 June 2007 |publisher=The Standard |url=http://www.thestandard.com.hk/news_detail.asp?pp_cat=11&art_id=47373&sid=14151427&con_type=1&d_str=20070621&sear_year=2007 |accessdate=31 July 2008 |deadurl=yes |archiveurl=https://web.archive.org/web/20110522073621/http://www.thestandard.com.hk/news_detail.asp?pp_cat=11&art_id=47373&sid=14151427&con_type=1&d_str=20070621&sear_year=2007 |archivedate=22 May 2011 |df= }}
17. ^¹²Lau, Kenneth (13 February 2015). "Leung denies torpedoing uni selection" {{webarchive|url=https://web.archive.org/web/20150213102502/http://www.thestandard.com.hk/news_detail.asp?we_cat=11&art_id=154279&sid=43887756&con_type=3&d_str=20150213&fc=8 |date=13 February 2015 }}. The Standard.
18. ^{{cite news|last1=Cheng|first1=Kris|title=Explainer: The HKU Council pro-vice-chancellor debacle|url=https://www.hongkongfp.com/2015/09/30/explainer-hku-council-rejects-johannes-chan-appointment-to-pro-vice-chancellor/|work=Hong Kong Free Press|date=30 September 2015}}