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Ken Tsang Beating Case - Trial and Comments

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  1. #21

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    Today's SCMP

    "The fact that our colleagues will be prosecuted for doing their work certainly has depressed many but we still have faith in Hong Kong's justice system," Tung said.
    Apparently the police think they a) were merely doing their job when they "allegedly" assaulted Ken b) but they still have faith in the justice system, and I assume, what they mean is that they still believe that the courts will also side with them that they were merely doing their jobs.

    Asked if he was worried the decision to lay charges would mean more officers accused of using excessive violence during the Occupy protests could be prosecuted, the officer said: "This case is quite rare in that it was captured on video.
    One would have hoped the officer would have said "This case is quite rare", but no, it is quite rare because it was captured on video.

    TheBrit likes this.

  2. #22

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    @shri and other Legal enthusiasts . My friend prosecutor just sent me the below statistics from the Law Society. I have no point to make, just thought I'd share:


  3. #23

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    Quote Originally Posted by jrkob
    @shri and other Legal enthusiasts . My friend prosecutor just sent me the below statistics from the Law Society. I have no point to make, just thought I'd share:

    It doesn't cover barristers here eh? Only solicitors?

    Barristers are technically the senior branch of the legal profession. But they in practice depend on solicitors to refer cases to them to handle. Since barristers are forbidden from directly initiating contact with clients, they must go through solicitors to represent their case in court.

    Nor are barristers allowed to form partnerships in a law firm, they must represent themselves in a self-employed capacity. They do share offices in a "chamber" but they in theory can represent opposing clients in the same trial within the same chamber.

    Also, it used be that only barristers have the rights of audience in courts (right to represent a client in a trial conducted at a court), but solicitors now also have the rights of audience, at least in the lower courts.

    So, all in all, life is tough for barristers, and getting tougher all the time.

    As for this Ken Tsang's case, we'll see which barristers their law firms will get.
    Last edited by Cho-man; 15-10-2015 at 04:51 PM.

  4. #24

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    now we know why overseas QCs are involved. essentially the government is trying to confuse the issue and countercharge Ken Tsang...deplorable...


  5. #25

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    QCs are involved because it costs the government less to fly a QC over in Business and book him into the Conrad, then it would to hire a HK based SC to prosecute the case.
    I never got why they don't have professional prosecutors though.


  6. #26

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    Quote Originally Posted by Cho-man
    It doesn't cover barristers here eh? Only solicitors?
    Yes sir. I don't know why I keep saying my "friend solicitor", he resigned 2 years ago to setup his own practice. Much more lucrative !

  7. #27

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    The trials against Mr Tsang and the seven police officers will however be held separately. The former will be tried in the Magistrates' Courts, whereas the latter will be tried in the District Court.
    Anyone more knowledgable know why Ken's case will be held in a magistrate court and the cops are in a district court ?

  8. #28

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    Magistrate courts deal with offenses warranting no more than a 2y jail sentence.
    Offenses warranting between 2y and (excluding) 7y jail sentence go to district courts.
    7y exactly or more than 7y jail sentences cases go to the high court.

    shri and Cho-man like this.

  9. #29

  10. #30

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    It's disgraceful that they've taken a year to come to a prosecution. That means these assholes got an extra year salary which they didn't deserve.

    David Smith likes this.

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