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加拿大著名人权律师安世立支持声援全球绝食抗暴的声明

   加拿大著名人权律师安世立支持声援全球绝食抗暴的声明
   Statement in Support of Gao Zhisheng and World Wide Hunger Strike by Lawyers
   I wish to add my voice to those of lawyers and human rights organizations throughout the world in condemning the shocking and unceasing affronts to human rights and the rule of law perpetrated by the Government of China against lawyers of conscience.
   
   

   China is obligated both by its own laws, which the Government of China routinely ignores, and by international treaties and conventions binding China both as a signatory and also as a member state of the United Nations, to protect lawyers and ensure they are free to carry out their professional duties as advocates for their clients. The Chinese government has made a cynical mockery of all its obligations to lawyers and human rights advocates, in total violation of its obligations under both Chinese and International Law.
   
   
   The Chinese government today is arguably the worst violator of human rights on this planet, in partnership with western corporations such as Microsoft, Nortel, Yahoo, Cisco and Google. Many western governments, with an eye on their “market share” in China, have obsequiously fawned at the feet of the Chinese dictators and willingly assisted those dictators in promoting their claims that the human rights situation in China has never been better.
   
   
   
   The last Prime Minister of Canada, Paul Martin, shamelessly congratulated the Beijing regime on its alleged progress in promoting human rights and implementing the “rule of law”, in the face of overwhelming and irrefutable evidence that the Beijing dictators are crushing human rights as never before and that they are ruthlessly determined to prevent the rule of law at any cost. Indeed, both Paul Martin and Jean Chretien before him prattled on incessantly about the “great progress” in Chinese human rights under the Beijing dictatorship even as Beijing was implementing a policy of full scale genocide against practitioners of Falun Gong.
   
   
   The first prominent human rights lawyer in China was Guo Guoting. His unbelievable courage in risking his own life and standing up to the brutal government of China has inspired a number of other honest lawyers throughout China to stand up for the rule of law, for human rights, for freedom of religion and political belief, against the Beijing regime. Today, Gao Zhisheng leads the fight inside China, while Guo Guoting, now resident in Canada, coordinates the international effort of lawyers everywhere to support their beleaguered and persecuted colleagues in China.
   
   
   Gao Zhisheng, like Guo Guoting, is a man with a level of courage probably beyond the comprehension of anyone not intimately familiar with the brutality and mendacity of the Beijing regime and the Chinese Communist Party. The Beijing regime has prevented him from practising his profession and has recently attempted to kill him. Indeed, were it not for the international attention and support he has received, the Chinese government would have succeeded in murdering him already.
   
   
   Gao Zhisheng spoke out on behalf of Falun Gong practitioners who are denied by the Chinese government their constitutional right to legal defence. He wrote an open letter to President Hu Jintao, specifically addressing the fact that these practitioners are citizens of China and must therefore have the same right to legal defence as all other Chinese citizens (which in practice is of little assistance to any citizen in any case). Mr. Gao also met in December with the United Nations emissary to China who had been sent to investigate reports of torture and other human rights abuses.
   
   
   Shortly thereafter, the Chinese authorities confiscated Mr. Gao’s licence to practise law, and closed down his law office, preventing the other ten lawyers in Mr. Gao’s office from practising their profession. The transparently false justification for these actions was that Mr. Gao had failed to report a change of address when renewing the registration of his law office!
   
   
   Since that time, several other courageous human rights lawyers from all over China have been arrested, incarcerated, harassed, threatened, and in some cases beaten, simply for discharging their professional duties as lawyers. Moreover, a recent attempt was made on Gao Zhisheng’s life, an attempt almost certainly the work of the Chinese police and military.
   
   
   Mr. Gao has now initiated a protest campaign of rotating hunger strikes by lawyers in several cities of China and Ms Sheng Xue has called on lawyers throughout the world to join this movement.
   
   
   We support Mr. Gao. We support the world wide hunger strike by lawyers of conscience. We support the demand that the Chinese government be held to at least minimum international standards of decency and civilization. And we call upon the new Government of Canada to reverse the last government’s shameful complicity in the crimes of the Beijing regime. We hope that the new Canadian government will express its support for Gao Zhisheng, for the world wide hunger strike by lawyers of conscience, and for the demand that Beijing recognize the rule of law and respect at least the minimal international norms of human rights and basic decency.
   
   Clive Ansley
   

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;   “保险财产的所有人或其他对其有利益或有责任的当事人由于海上风险的原因对第三方产生的任何责任。”
   在《海上保险法》第74条“对第三方责任”的标题下规定:
   “Where the assured has effected an insurance in express terms against any liability to a third party, the measure of indemnify, subject to any express provision in the policy, is the amount paid or payable by him to such third party in respect of such liability”.
    “被保险人已通过明示条款对第三方的任何责任进行投保,根据保险单上明示条款的规定,获得补偿的数额是其就这一责任向第三方支付或应支付的数额。”
    如果需要权威论点的话,这些法定条款对今天的包括碰撞责任在内的第三方责任保险便是权威。
   协会碰撞责任条款(Institute Collision Liability Clause)
   若未考查其历史,碰撞责任条款似乎是一个相当混杂的条款,让我们回到条款本身,即1983年10月1日协会船舶定期保险条款第8条。虽然其基本特点保持未变,该条款的格式要比船舶碰撞条款清晰和简单的多,保险人不想修改或改变原先船舶碰撞条款的适用范围和含义。四分之三(赔偿责任)的碰撞责任条款全文如下:
   8.1 The underwriters agree to indemnify the Assured for three-fourths of any sum or sums paid by the Assured to any other person or persons by reason of the Assured becoming legally liable by way of damages for
   8.1.1 loss of or damage to any other vessel or property on any other vessel
   8.1.2 delay to or loss of use of any such other vessel or property thereon
   8.1.3 general average of, salvage of , or salvage under contract of, any such other vessel or property thereon,
    where such payment by the Assured is in consequence of the Vessel hereby insured coming into collision with any other vessel.
   8.2 The indemnity provided by this Clause 8 shall be in addition to the indemnity provided by the other terms and conditions of this insurance and shall be subject to the following provisions:
   8.2.1 Where the insured Vessel is in collision with another vessel and both vessels are to blame, then, unless the liability of one or both vessels becomes limited by law, the indemnity under this Clause 8 shall be calculated on the principle of cross-liabilities as if the respective Owners had been compelled to pay to each other such proportion of each other’s damages as may have been properly allowed in ascertaining the balance or sum payable by or to the Assured in consequence of the collision.

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