【禁闻】梁振英爆巨额回佣丑闻 时机敏感

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【新唐人2014年10月10日讯】香港学生的雨伞抗争仍处风口浪尖之际,特首梁振英的一则回佣丑闻,犹如在香港投下一枚震撼弹。澳洲传媒爆出,梁振英在2011年宣布参选特首后,与一家澳洲企业签订秘密协议,换取高达5,000万港元的报酬。令人关注的是,这则爆料的时间点,正值梁振英因港警察催泪弹事件,被各界要求问责下台之际。

10月8号,澳洲媒体Fairfax Media,以“香港特首梁振英面对澳洲企业支付700万澳元秘密款项的质疑”为题,披露梁上任特首前,与澳洲工程企业UGL的秘密协议。

报导说,UGL澳洲工程公司在2011年,收购了戴德梁行。同年12月2号,也即梁振英宣布参选特首后五天,UGL与刚刚辞去戴德梁行董事职务的梁,签下一份秘密协议,分两期支付他400万英镑,也就是在梁振英当上特首之后的2012年和2013年,分别支付这些款项。

而UGL向梁振英提供巨款的这份“秘密合约”,是为了支持UGL和戴德梁行在亚洲业务的回报。

香港立法会议员单仲偕:“简单的说,他有违反董事的诚信,违反《基本法》申报的规定,也有违反行政会议的申报规定。这几个问题加起来,我们会要求在立法会内,成立一个特权法授权之下的一个委员会。调查这个事件。”

消息曝光后,特首办为梁振英进行辩护。梁振英透过他的发言人和律师表示,收受这笔款项没有任何不当之处。

特首发言人在给BBC的一份书面回应中说,梁振英当时是戴德梁行亚太区主席。他在2011年11月24号辞去了该公司主席的职务。根据协议,梁振英在结束戴德梁行工作离职时,UGL向他支付一笔款项,同时为戴德梁行支付已同意,但尚未支付的奖金。

这份书面声明说,梁振英辞去戴德梁行的职务,和他同UGL公司签署的协议均发生在梁振英出任特首之前。根据目前的制度,不需要梁振英对以上收入做出申报。

不过,根据《基本法》第47条,香港行政长官就任时,应向终审法院首席法官申报财产,记录在案。

单仲偕:“《基本法》要求他将自己的资产向首席大法官申报。应收未收的款项也是资产的一部分。我们会根据《基本法》启动弹劾程序,这件事情我们相信有足够的表面证据去启动足够的弹劾程序。”

此外,报导披露,2011年,戴德梁行以约9.5亿港元的价钱,出售业务给UGL,然而,UGL今年6月正向美国私募公司TPG,出售戴德梁行业务,涉及作价约89.7亿港元。因此,外界认为,2011年曾是戴德梁行董事局成员的梁振英,有贱卖公司资产的嫌疑。

单仲偕:“第一,他没有向当时的清算官去申报,也贱卖自己的公司,违反诚信,违反作为公司的董事保护股东的利益。所以他可以涉及两个问题。第一个是作为公司董事的诚信问题,第二个是这个款啊,好像是一个合约,但也可以起著一个贿款(的作用)。”

梁振英未有申报收取UGL约400万英镑巨款的消息,引来香港政圈哗然,而更令人关注的是,爆料时间点,十分敏感。目前正处于香港各界对梁振英非常不满的阶段,要求梁振英下台的呼声高涨。

香港《苹果日报》引述一位政界人士的观察猜测,有关丑闻有可能成为梁振英下台的“黄金契机”,因为“不仅香港,连海外执法机关都随时会查”。

身兼大律师的公民党议员郭荣铿,也向《苹果日报》表示,戴德梁行前主席Tim Melville Ross,以及当时接管的安永会计师行,都不知道UGL和梁振英之间的协议,梁振英有《防止贿赂条例》第9条之嫌,廉政公署可介入调查。

采访/易如 编辑/王子琦 后制/萧宇

Does CY Leung’s Explosive Scandal Signal His Downfall?

While the umbrella revolution continues, Hong Kong chief
executive Leung Chun-ying’s scandal involving a huge bonus
fee has exploded like a bombshell.

Australian media’s report on Leung’s secret contract with an
Australian company reveals that he pocketed $6.4 million
in 2011 after he announced to run for chief executive.

This news has come at a sensitive time when Leung is being
asked to step down following Hong Kong police
using tear gas against the student movement.

On Oct. 8, Fairfax Media’s report, “Hong Kong chief executive
CY Leung faces questions over secret [AU]$7 million payout
from Australian firm”, revealed a secret contract between
Leung and Australian engineering firm UGL.

The report says that in 2011, UGL acquired property services
firm DTZ Holdings, where Leung was the Asia Pacific director.
The report says: “The arrangement is outlined in a secret
contract dated December 2, 2011, before he was elected
chief executive, in which Australian engineering company
UGL agreed to pay the Beijing-backed politician £4 million.
The payments were made in two instalments,
in 2012 and 2013, after he became Hong Kong’s top official.”

These payments were made in return for promoting UGL
and DTZ’s Asian business ambitions.

Sin Chung-kai, Hong Kong Legislative Council member:
“Simply put, he has violated good faith practice as a director,
violated the provisions of Basic Law
and the provisions of declaration of the Executive Council.
We will ask the Legislative Council to authorize a committee
under the law of a privilege to investigate this case.”

The Chief Executive’s Office defended for Leung,
including Leung’s spokesman and lawyer.

Leung’s spokesman Michael Yu told BBC that Leung
announced his resignation from DTZ on Nov. 24.
Leung’s spokesman in a statement,
“According to an agreement between UGL (which was at that
time acquiring DTZ) and Mr Leung on the conclusion of his
employment with DTZ, UGL undertook to make payments
to him over two years and to underwrite for DTZ the payment
of outstanding agreed bonus.”

Yu also added: “Both the resignation from DTZ
and conclusion of the agreement with UGL took place before
Mr Leung was elected as the chief executive.

There is no requirement under our current systems of
declaration for Mr Leung to declare the above.”

However, according to Article 47 of Basic Law, “The Chief
Executive, on assuming office, shall declare his or her assets
to the Chief Justice of the Court of Final Appeal of the Hong
Kong Special Administrative Region. This declaration shall
be put on record.”

Sin Chung-kai: “Basic Law requires declaration of his [Leung’s]
assets to the Chief Justice.
The amounts receivable are also part of the assets.

We will start impeachment proceedings according
to the Basic Law.
We believe that there is sufficient prima facie
evidence to initiate impeachment proceedings.”

In addition, Hong Kong’s Apple Daily reported DTZ was sold
to UGL at a price of $122 million in 2011.
UGL is now selling DTZ to U.S. private equity firm TPG,
for the amount of $1.15 billion.
Leung is suspected to sacrifice DTZ assets as a member of its
board of directors.

Sin Chung-kai: “He didn’t report his assets to the then
government for one, and he sold his own company cheaply.
He has breached the trust of a director to protect the interests
of shareholders of the company.
He could be faced with two questions.

First is his the credibility as a director of the the company,
the second is the money, which is in the contract,
but can also play [the role of] a kickback.”

This news of Leung not declaring assets of about $6.4 million
from UGL has caused uproar in Hong Kong’s political circles.
But even more interesting is that the timing of the news
comes following increasing demands for Leung
to step down as dissatisfaction against him grows.

Apple Daily quoted politicians’ observation that the scandal
may become the golden opportunity for Leung Chun-ying
to step down.

He will be subject to investigation not just in Hong Kong
but also by overseas law enforcement agencies.

The Fairfax report says, “DTZ’s administrators, Ernst & Young,
and its chairman at the time of its sale to UGL,
Tim Melville Ross, said they were not aware of the Hong Kong
politician’s agreement with the Australian company.”
Leung is thus suspected of violating section 9 of Prevention
of Bribery Ordinance, which is under the jurisdiction
of the ICAC (Independent Commission Against Corruption).

Interview/YiRu Edit/Wang Zhiqi Post-Production/XiaoYu

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