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Ken Tsang Beating Case - Trial and Comments

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  1. #1

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    Ken Tsang Beating Case - Trial and Comments

    I don't get this - seems like a simple assault case where the cops beat up Ken Tsang in front of TV cameras.

    I'd assume there is plenty of video / unbiased evidence.

    So... why would the justice department need to consult with overseas lawyers - including a QC? Not sure where I'd read that a QC's opinion was sought in this. This is not a death penalty / life imprisonment case - so why spend money on overseas opinions?

    He said it had taken the department a year to give the advice because the Occupy movement had increased the caseload of the force and the department had to seek opinion from overseas lawyers.
    I've seen a number of high profile cases being turned over to overseas counsels - SC / QC etc. Don't they have the legal depth in HK to deal with things locally?

    On a side note ... when a QC comes to HK to work on a case, do they have to apply for a work visa for him/her? (Some businessman got arrested a couple of years ago, delivering a seminar in HK on a tourist visa?)
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  2. #2

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    Politics


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    So, politics implies that colonial symbols on post boxes are not ok, but wigged counsels of the queen are ok?


  4. #4

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    Quote Originally Posted by shri
    So, politics implies that colonial symbols on post boxes are not ok, but wigged counsels of the queen are ok?

    I think its politics in the sense that they are trying to drag out the process and avoid a prosecution decision for as long as possible.

    Common assault cases, as you said, does not require QC's opinion. There are ample legal expertise in the Justice Department to handle this. But the powers that be don't want to make that prosecution and is looking for all kind of excuses, including this QC consultation, to hopefully make everyone forget the case. But turns out, its not working for them.
    Last edited by Cho-man; 14-10-2015 at 11:21 AM.

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    Quote Originally Posted by Cho-man
    I think its politics in the sense that they are trying to drag out the process and avoid a prosecution decision for as long as possible.
    And that cannot be done using local QC/SC/C?

  6. #6

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    Quote Originally Posted by Cho-man
    I think its politics in the sense that they are trying to drag out the process and avoid a prosecution decision for as long as possible.
    yes, as cho-man has said, politics in the sense of taking their sweet arse time about it.

  7. #7

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    Quote Originally Posted by shri
    And that cannot be done using local QC/SC/C?
    Local senior counsel are no longer called queen's counsel, HK is no longer a British colony anymore. In any case, whether its local or international advice is irrelevant, what matters is that this process can be dragged out longer. If taking QC's advice will mean a longer processing time, that is the path they will take.
    Last edited by Cho-man; 14-10-2015 at 11:24 AM.

  8. #8

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    Justice minister Rimsky Yuen Kwok-keung said: "The Department of Justice has given our legal advice to the police last week. At this stage, it would not be appropriate for me to reveal the details of the legal advice. But I believe and I understand the police would be acting upon our advice."
    If I am not mistaken, is it not the DOJ who press charges not the police? Is the SOP not that the police investigate, hand over their findings to DOJ after which DOJ decide if they do or do not press charges ?

    Weeks later the officers were suspended from duty and formally arrested on suspicion of assault causing actual bodily harm and released on bail.
    Is it common to be released on bail when suspected of handcuffing and taking rounds with 6 of your mates in beating someone ? I remember reading cases where persons who are suspected of far less serious crimes have been denied bail.
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  9. #9

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    Quote Originally Posted by henkka
    If I am not mistaken, is it not the DOJ who press charges not the police? Is the SOP not that the police investigate, hand over their findings to DOJ after which DOJ decide if they do or do not press charges ?



    Is it common to be released on bail when suspected of handcuffing and taking rounds with 6 of your mates in beating someone ? I remember reading cases where persons who are suspected of far less serious crimes have been denied bail.
    Politics.
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  10. #10

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    It should be a Judge's dream case. Clear video evidence, plenty of witnesses, victim had to be hospitalized. Yet, in HK it takes half a year to assess the situation and then make it more complicated than it really is. Such a clear cut case should waste no more taxpayer's time and money than 1 day before the court or 7 days max in total, that is 1 day or each of the seven thugs.

    Last edited by Azuremain; 14-10-2015 at 11:33 AM.

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