移花接木瞞利益?申報制度如虛設

Concealment of interests uncovers defect in declaration systems

主責推動新界東北發展計劃的發展局局長陳茂波,被指在區內囤地有利益衝突之嫌,雖然他一再強調妻子去年十月已出售與家族成員持有的土地權益,屬於真正交易,並非以信託方式轉移,但堅拒進一步透露細節,反而令事件再添疑團。

據已公開的資料,陳當年確實經手購入土地,由其妻子家族公司持有,直到去年才出售有關公司股份及辭任董事,由於陳妻股份是轉售予家族成員,外界質疑交易可能只是信託安排。公眾對事件流露不信任態度,正好說明現行申報制度已難以取信於民,目前問責官員與行會成員只須申報與配偶及子女共同持有的權益供公眾查閱,這套申報制度存在大片灰色地帶,如果有人蓄意瞞報,可謂易如反掌,只須將個人利益轉至家人名下,已可以逃避規管進行利益輸送。

其實,立法會議員利益申報守則何嘗不是千瘡百孔,公民黨湯家驊被揭發過去兩屆共八年內,一直漏報持有多間本港及海外公司股份利益;民主黨何俊仁亦被投訴「黨產」、「私產」不分兼漏報公司股份利益。顯而易見,目前行政與立法兩個利益申報制度各有各亂,必須重新檢討,收緊申報制度。

Paul Chan, Secretary for Development, being in charge of the promotion of the North East New Territories Development, was accused of hoarding land in the district. It drew suspicion to the potential conflict of interest regardless of his endless emphasis that his wife had sold the interests in land previously owned by her and other family members last October. He reiterated that it was a bona fide transaction and was not made in form of trust. However, his refusal to disclose further details increases public doubts.

According to published data, the land was purchased by Chan and it was held by a family company of Chan's wife. He didn’t sell the respective shares and resign as Director until last year. Since the shares owned by Chan's wife was re-sold to a family member, the public thus questioned whether the transaction was arranged in form of trust. Outpouring of public distrust of the event, it shows that the existing declaration system is devoid of public trust. Currently, accountability officials and council members are only required to disclose the interests jointly owned with their spouses and children for public inspection. There is a large grey area in this declaration system. For someone who intends to conceal his interest, it is a walk in the park for what he needs to do is transfer individual interest to the names of family members. This would be enough to evade regulation and for any transfer of benefits to take place.

In fact, the interest declaration code for members of the legislative council is full of holes. Ronny Tong from the Civic Party was discovered in the past two terms of office of eight years that he failed to declare holding a number of shares of local and overseas companies; Albert Ho from the Democratic Party was denounced for confusing "party property" and "private property ", and blamed for the omission of declaring the possession of company shares. It is obvious that the current executive and legislative declaration systems are disruptive, which call for immediate re-examination and tightening.

重要生字

bona fide 真正的

devoid of 缺乏

a walk in the park 易如反掌

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