#OpinionArticle #court
Unfair Judgment
(13 Jun) I received a piece of news today that made me sad and angry at the same time.
A male cleaner, whose IQ is only that of a 11 year-old, was sentenced to eight months in prison for possession of detergent and a liquefied petroleum gas cylinder. Magistrate Cheung Kit-yee, who handled the case, went so far as to say that "intellectual disability is not a mitigating factor".
Firstly, the items in question do not qualify as a “Molotov cocktail”; Secondly, even if the defendant intended to make a Molotov cocktail, he did not make an actual one to injure others; Thirdly, the defendant’s IQ is only that of a 11 year-old, and is classified as an “incapacitated person (or a person with limited capacity)". Why was this not a factor of consideration when sentencing?
* * * *
Based on modern criminal theory, an offender must have a mens rea to commit a crime. Common theories of criminality assume that the offender must have sufficient mental capacity to constitute true criminal intent; If mental capacity is inadequate, the whole mens rea becomes worthy of consideration. Patients with severe mental illness may even be able to avoid imprisonment because they are "incapable of forming true intent".
Therefore, "IQ of only a 11 year-old" is definitely a factor to be considered in sentencing.
Logically, even if the judge found the case to be serious and imposed the sentence based on the "theory of prevention" (i.e. it constitutes a deterrent, prevents similar crimes from occurring, and protects the community by segregation), it does not mean that "mental capacity" is not a factor of consideration.
Moreover, the defendant genuinely needs the help and education of a special center, and a sentence alone would not prevent the defendant from repeating his actions.
Judges should exercise discretion in sentencing, taking into account the defendant's special circumstances, rather than imposing a harsh sentence.
* * * *
The verdict of Magistrate Cheung Kit-yee was hardly praiseworthy to me. The most outrageous thing is that she has, on several occasions, unconditionally accepted the police's testimonies even when they were obviously contradictory, describing the police as “truthful witnesses”. Cheung’s verdict has even been overturned by an appeal judge who said, "the handling of contradictions in the testimonies of the police officer and sergeant was rather inadequate".
In another bizarre case, a four-month jail sentence was imposed in 2018 after ruling that the prop bills for the movie, Trivisa, were counterfeit, in which Cheung claimed that a fine was insufficient to reflect the seriousness of the offence. There is really no common sense in these cases. Fortunately, the verdict was later overturned.
With these judges in Hong Kong, it is no wonder that the public has less and less confidence in the courts.
Source: Facebook
#RuleOfLaw #Judges #FailedState #incapacitatedperson #Mainlandization
Unfair Judgment
(13 Jun) I received a piece of news today that made me sad and angry at the same time.
A male cleaner, whose IQ is only that of a 11 year-old, was sentenced to eight months in prison for possession of detergent and a liquefied petroleum gas cylinder. Magistrate Cheung Kit-yee, who handled the case, went so far as to say that "intellectual disability is not a mitigating factor".
Firstly, the items in question do not qualify as a “Molotov cocktail”; Secondly, even if the defendant intended to make a Molotov cocktail, he did not make an actual one to injure others; Thirdly, the defendant’s IQ is only that of a 11 year-old, and is classified as an “incapacitated person (or a person with limited capacity)". Why was this not a factor of consideration when sentencing?
* * * *
Based on modern criminal theory, an offender must have a mens rea to commit a crime. Common theories of criminality assume that the offender must have sufficient mental capacity to constitute true criminal intent; If mental capacity is inadequate, the whole mens rea becomes worthy of consideration. Patients with severe mental illness may even be able to avoid imprisonment because they are "incapable of forming true intent".
Therefore, "IQ of only a 11 year-old" is definitely a factor to be considered in sentencing.
Logically, even if the judge found the case to be serious and imposed the sentence based on the "theory of prevention" (i.e. it constitutes a deterrent, prevents similar crimes from occurring, and protects the community by segregation), it does not mean that "mental capacity" is not a factor of consideration.
Moreover, the defendant genuinely needs the help and education of a special center, and a sentence alone would not prevent the defendant from repeating his actions.
Judges should exercise discretion in sentencing, taking into account the defendant's special circumstances, rather than imposing a harsh sentence.
* * * *
The verdict of Magistrate Cheung Kit-yee was hardly praiseworthy to me. The most outrageous thing is that she has, on several occasions, unconditionally accepted the police's testimonies even when they were obviously contradictory, describing the police as “truthful witnesses”. Cheung’s verdict has even been overturned by an appeal judge who said, "the handling of contradictions in the testimonies of the police officer and sergeant was rather inadequate".
In another bizarre case, a four-month jail sentence was imposed in 2018 after ruling that the prop bills for the movie, Trivisa, were counterfeit, in which Cheung claimed that a fine was insufficient to reflect the seriousness of the offence. There is really no common sense in these cases. Fortunately, the verdict was later overturned.
With these judges in Hong Kong, it is no wonder that the public has less and less confidence in the courts.
Source: Facebook
#RuleOfLaw #Judges #FailedState #incapacitatedperson #Mainlandization
#NetizensVoice
Hollywood movie The Departed in real-life: youth nurtured into "gangster judges" serving as executioners in Hong Kong Judiciary
(13 Jun)As we all know, Hong Kong court magistrates have recently been making controversial decisions on cases arising from last year's Anti-ELAB (Extradition law amendment bill) movement. Examples include Judge Kwok Wai-kin praising the "noble qualities" of a stabbing case convict, Judge Heung [Lau] suk-han joining the interrogation of witnesses and Judge Chan wai-mun, who determined that a middle-aged man's "action may have led to the destruction of social order" when the police fired a teargas canister directly at him as he was getting off a minibus. He was sentenced to 200 hours of community service. Yesterday sparked even more outrage when Judge Debbie Ng Chung-yee not only ignored the inconsistencies in a police officer's testimonies but made unfounded claims that the defendant, despite being injured during the arrest, is not well-suited to be a teacher because the judge claimed he had a personality disorder [without a doctor’s diagnosis]. He is remanded to Siu Lam Psychiatric Centre to await his sentence...
This series of infuriating violations of common legal principles fully imbue one with the sense that district court magistrates and the police are buddies: no matter how ridiculous the charge, even with confessions extracted through torture, the judges will complement the police without any reservation. The conviction will stand and the sentence will be harsh.
Many years ago, when the typical citizen's impression of the court was based on a Hong Kong film, The Unwritten Law, the older generation would tell the young people, "Don't become a lawyer, bend the truth and send innocent people to jail. It has no merit." Looking back at the movie now, the many plot holes are obvious but people have always believed that sending someone [innocent] to jail is an extremely immoral act. People with morals have self-limitations that maintain their integrity and increase their merit. A tyrannical autocracy holds a different mentality when it comes to recruiting thugs to become their lackeys: a big fat government paycheck can hire a bunch of underqualified people to handle things. Precisely because they lack competitiveness and skill, such people cannot survive without depending on [political] power. They don't need any special orders to wantonly commit any morally atrocious act as a demonstration of their loyalty.
Full translation: https://telegra.ph/Hollywood-movie-The-Departed-in-real-life-youth-nurtured-into-gangster-judges-serving-as-executioners-in-Hong-Kong-Judiciary-06-23
Source: Edkin
https://bit.ly/2BAehQE
#ChinaInfiltration #Judges #RuleOfLaw #HongKongJudiciary #AntiELAB
Hollywood movie The Departed in real-life: youth nurtured into "gangster judges" serving as executioners in Hong Kong Judiciary
(13 Jun)As we all know, Hong Kong court magistrates have recently been making controversial decisions on cases arising from last year's Anti-ELAB (Extradition law amendment bill) movement. Examples include Judge Kwok Wai-kin praising the "noble qualities" of a stabbing case convict, Judge Heung [Lau] suk-han joining the interrogation of witnesses and Judge Chan wai-mun, who determined that a middle-aged man's "action may have led to the destruction of social order" when the police fired a teargas canister directly at him as he was getting off a minibus. He was sentenced to 200 hours of community service. Yesterday sparked even more outrage when Judge Debbie Ng Chung-yee not only ignored the inconsistencies in a police officer's testimonies but made unfounded claims that the defendant, despite being injured during the arrest, is not well-suited to be a teacher because the judge claimed he had a personality disorder [without a doctor’s diagnosis]. He is remanded to Siu Lam Psychiatric Centre to await his sentence...
This series of infuriating violations of common legal principles fully imbue one with the sense that district court magistrates and the police are buddies: no matter how ridiculous the charge, even with confessions extracted through torture, the judges will complement the police without any reservation. The conviction will stand and the sentence will be harsh.
Many years ago, when the typical citizen's impression of the court was based on a Hong Kong film, The Unwritten Law, the older generation would tell the young people, "Don't become a lawyer, bend the truth and send innocent people to jail. It has no merit." Looking back at the movie now, the many plot holes are obvious but people have always believed that sending someone [innocent] to jail is an extremely immoral act. People with morals have self-limitations that maintain their integrity and increase their merit. A tyrannical autocracy holds a different mentality when it comes to recruiting thugs to become their lackeys: a big fat government paycheck can hire a bunch of underqualified people to handle things. Precisely because they lack competitiveness and skill, such people cannot survive without depending on [political] power. They don't need any special orders to wantonly commit any morally atrocious act as a demonstration of their loyalty.
Full translation: https://telegra.ph/Hollywood-movie-The-Departed-in-real-life-youth-nurtured-into-gangster-judges-serving-as-executioners-in-Hong-Kong-Judiciary-06-23
Source: Edkin
https://bit.ly/2BAehQE
#ChinaInfiltration #Judges #RuleOfLaw #HongKongJudiciary #AntiELAB
Telegraph
Hollywood movie The Departed in real-life: youth nurtured into "gangster judges" serving as executioners in Hong Kong Judiciary
(13 Jun)As we all know, Hong Kong court magistrates have recently been making controversy decisions on cases arising from last year's Anti-ELAB (Extradition law amendment bill) movement. Examples include Judge Kwok Wai-kin praising the "noble qualities" of…
#OpinionArticle #SimonShen
Appointing Judges in a Police State
[ #LivingUnderaRock ] Nazi Germany was a notorious police state. After Hitler came to power, the parliament under his control passed a law that enabled him to appoint civil servants and judges as the Führer. The "old Germans" who believed in the Weimar Republic's democratic system and the separation of powers were mocked for living under a rock. In 1942, Hitler appointed the senior Nazi party member, Otto Thierack, as the Reich Minister of Justice. Thierack then took further steps to overhaul the judges. He issued a series of "Letters to All Judges"* to instruct them on how to "lawfully" persecute the Jews and other minorities, much to Hitler's satisfaction.
Editor's Note:
* i.e. Richterbriefe
Source: Simon Shen’s Facebook
#Nazi #PoliceState #Judges #Jews
Appointing Judges in a Police State
[ #LivingUnderaRock ] Nazi Germany was a notorious police state. After Hitler came to power, the parliament under his control passed a law that enabled him to appoint civil servants and judges as the Führer. The "old Germans" who believed in the Weimar Republic's democratic system and the separation of powers were mocked for living under a rock. In 1942, Hitler appointed the senior Nazi party member, Otto Thierack, as the Reich Minister of Justice. Thierack then took further steps to overhaul the judges. He issued a series of "Letters to All Judges"* to instruct them on how to "lawfully" persecute the Jews and other minorities, much to Hitler's satisfaction.
Editor's Note:
* i.e. Richterbriefe
Source: Simon Shen’s Facebook
#Nazi #PoliceState #Judges #Jews
Facebook
堅離地城：沈旭暉國際生活台 Simon's Glos World
【#孤陋寡聞🇩🇪】納粹德國是著名Police State。希特拉上台後，他控制的國會通過法案，讓他作為元首可以委任公務員和法官，令相信威瑪共和民主體制、三權分立的「舊德國人」，被譏笑為孤陋寡聞。1942年，希特拉委任資深納粹黨員Otto Thierack為司法部長，他上台後進一步整頓法官，發出一系列「給法官的信」，教導他們如何「依法」對猶太人和各類弱勢社群判案，令希特拉大為滿意。 ▶️...
#Court #Judges #Jury
National Security Law states 3 judges will replace the jury
According to the Chinese National Security Law implemented in Hong Kong, the Secretary for Justice can decide to judge a case by 3 judges instead of the jury in order to "protect national secrets".
Former Deputy Director of Public Prosecutions John Reading suggested that this was not a common practice.
Reading questioned, for example, if there were only two judges and they disagreed, majority voting would take place. This was not common practice, however, along with the other problems that will arise out of the various procedures. Reading stressed that all this was unusual.
Source: Cable TV
#Jul5 #nationalsecuritylaw
National Security Law states 3 judges will replace the jury
According to the Chinese National Security Law implemented in Hong Kong, the Secretary for Justice can decide to judge a case by 3 judges instead of the jury in order to "protect national secrets".
Former Deputy Director of Public Prosecutions John Reading suggested that this was not a common practice.
Reading questioned, for example, if there were only two judges and they disagreed, majority voting would take place. This was not common practice, however, along with the other problems that will arise out of the various procedures. Reading stressed that all this was unusual.
Source: Cable TV
#Jul5 #nationalsecuritylaw
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#Judiciary
US Report Condemns Judges Handpicked for National Security Cases in Hong Kong: Judiciary Independence "In Name Only"
The United States-China Economic and Security Review Commission (#USCC) released its annual report to the US Congress on November 18, 2021.
In the Chapter on Hong Kong, the Commission stated that Hong Kong's judiciary independence has been impaired under Beijing's imposition of the #NationalSecurityLaw.
The report also criticized that the judge's impartiality in handling national security law cases has been questioned. The report especially named three judges involved in such cases. They are District Court Judge Stanley CHAN Kwong-chi; Magistrate Victor SO Wai Tak; and judge Johnson Lam. These pro-establishment judges are handpicked by the Hong Kong authorities to handle national security charges.
The report reiterated that the National Security Law has impaired media freedon and subverted Hong Kong's social and political environment. The report pointed out that the independence of the judiciary in Hong Kong was "in name only," as the judiciary is no longer impartial especially when dealing with cases relating to the Chinese government under National Security Law.
To make It worse, Beijing decides which judges in which jurisdiction to trial national security cases, so as to ensure an outcome that is what the Chinese Communist Party (#CCP) wants.
While US and Taiwan scholars commented that the possibility for the US to impose sanctions against Hong Kong judges shall not be ruled out, it takes time to evaluate the strategy. In any case, the "distrust" of the rule of law in Hong Kong will continue to be a concern of foreign companies and will seriously weaken Hong Kong's business status.
Full report:
https://www.uscc.gov/sites/default/files/2021-11/2021_Annual_Report_to_Congress.pdf
Source from: RFA #Nov19
https://www.rfa.org/cantonese/news/htm/us-hk-11192021072903.html/ampRFA
#PoliceState #Freedom #USCongress #Beijing #Report #Court #Judges
US Report Condemns Judges Handpicked for National Security Cases in Hong Kong: Judiciary Independence "In Name Only"
The United States-China Economic and Security Review Commission (#USCC) released its annual report to the US Congress on November 18, 2021.
In the Chapter on Hong Kong, the Commission stated that Hong Kong's judiciary independence has been impaired under Beijing's imposition of the #NationalSecurityLaw.
The report also criticized that the judge's impartiality in handling national security law cases has been questioned. The report especially named three judges involved in such cases. They are District Court Judge Stanley CHAN Kwong-chi; Magistrate Victor SO Wai Tak; and judge Johnson Lam. These pro-establishment judges are handpicked by the Hong Kong authorities to handle national security charges.
The report reiterated that the National Security Law has impaired media freedon and subverted Hong Kong's social and political environment. The report pointed out that the independence of the judiciary in Hong Kong was "in name only," as the judiciary is no longer impartial especially when dealing with cases relating to the Chinese government under National Security Law.
To make It worse, Beijing decides which judges in which jurisdiction to trial national security cases, so as to ensure an outcome that is what the Chinese Communist Party (#CCP) wants.
While US and Taiwan scholars commented that the possibility for the US to impose sanctions against Hong Kong judges shall not be ruled out, it takes time to evaluate the strategy. In any case, the "distrust" of the rule of law in Hong Kong will continue to be a concern of foreign companies and will seriously weaken Hong Kong's business status.
Full report:
https://www.uscc.gov/sites/default/files/2021-11/2021_Annual_Report_to_Congress.pdf
Source from: RFA #Nov19
https://www.rfa.org/cantonese/news/htm/us-hk-11192021072903.html/ampRFA
#PoliceState #Freedom #USCongress #Beijing #Report #Court #Judges