Articles taken from The Standard
Police uproar over light sentence for judge's niece
Police have urged the secretary for justice to review the sentence handed out to a niece of a top judge for assaulting a police officer, amid concerns over its leniency.
Serinah Ho
Wednesday, August 04, 2010
Police have urged the secretary for justice to review the sentence handed out to a niece of a top judge for assaulting a police officer, amid concerns over its leniency.
The police announcement came as junior officers inundated their association with calls and e-mails expressing disgust over the light sentence handed out to Amina Mariam Bokhary.
Barrister and legislator Ronny Tong Ka-wah - who said it was not unusual for police to make such a request - called for clarification over sentencing standards.
Police Inspectors' Association chairman Liu Kit-ming said yesterday he will send a letter to Deputy Commissioner of Police Lee Ka-chiu this week to report the concerns of frontline police officers.
Bokhary, the 33-year-old niece of Court of Final Appeal judge Kemal Shah Bokhary, was spared a jail term on Monday at Eastern Magistrates' Court, despite being convicted for a third time of assaulting a police officer.
Bokhary was put on probation for a year on the grounds she has a drinking problem brought on by bipolar disorder - or manic depression - and comes from a good family.
A spokeswoman for the Department of Justice said yesterday it is still investigating the rationale of Bokhary's sentence and will decide if a review is needed after the investigation.
Liu said: "Our police officers are highly concerned about the sentence and they worry about the corresponding treatment of similar offenses in the future. The sentence is obviously too light. Assaulting a police officer is a serious crime and this lady had repeatedly attempted the same crime."
He added that the case could give the impression that the rich can receive special treatment in court, and urged the High Court to clarify the sentencing standard so that lower courts could follow it when handling similar cases.
"We are not pointing at Bokhary nor do we hope she can be imprisoned. What we are concerned about most is [there are] guidelines for similar cases."
Lawmaker Tong said the court should clarify the sentencing standard so as to regain public confidence in the judicial system. The light sentence had evoked public anger.
Stephen Hung Wan-shun, chairman of the Hong Kong Law Society's criminal law and procedure committee, said the chance of a review of Bokhary's sentence is low. "Whether the court will review the sentences depends on whether the judgment is manifestly inadequate or wrong in principle.
"I think in this case, Bokhary's sentence of one-year probation, disqualified driving license as well as a fine of HK$8,000, are not manifestly inadequate, which may imply a lower chance of review."
Bokhary was banned from driving for a year. She had pleaded guilty last month to assault, careless driving and refusing to take a breathalyzer test.
Businessman's son avoids jail term
The teenage son of a prominent businessman was yesterday ordered to perform 150 hours of community service for drink-driving and driving his father's car without a license.
Dennis Chong
Wednesday, August 04, 2010
The teenage son of a prominent businessman was yesterday ordered to perform 150 hours of community service for drink-driving and driving his father's car without a license.
Clinton Tong Tsun-tak, 18, is the son of Carl Tong Ka-wing, vice chairman of listed company eSun Holdings and a director of Crocodile Garments.
He pleaded guilty at Eastern Magistrates' Court to drink-driving, careless driving, driving without a license, taking a conveyance without authority and using a vehicle without third-party insurance. Tong was also fined HK$12,000 and banned from applying for a driving license for one year.
The court heard that in the early hours of March 27, Tong took his father's car from his residence on Bisney Road to drive a 17-year- old female friend home.
But the car was in collision with a taxi on Victoria Road, and the taxi driver was taken to hospital.
Police found Tong had no driver's license and was driving without third-party insurance. A breathalyzer test recorded 33 micrograms of alcohol per 100 milliliters, exceeding the legal limit of 22mg/100ml.
Acting principal magistrate Bina Chainrai said she would not give Tong a jail term as he did well in school, had a positive probation officer's report and spent leisure time in charity work. Tong, who had apologized, had also made a compensation payment of HK$180,000 to the taxi driver.
His lawyer said that Tong had had a few beers at the Rugby Sevens, and was upset after breaking up with his girlfriend. He took his father's car only because he did not have enough cash to take a taxi with his friend.
The court also received mitigation letters from various well-known figures, including Basic Law Committee member Maria Tam Wai-chu and former lawmaker Selina Chow Liang Suk-yee.
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