View Poll Results: Are prosecutorial decisions impartial in HK?

Voters
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  • Yes - Always

    3 15.79%
  • Yes - Unless you are linked to anti-government issue

    5 26.32%
  • No

    8 42.11%
  • I don't know

    3 15.79%
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Prosecutorial decisions impartial?

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  1. #11

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    Here's a view from a Canadian judge (retired chief justice) who sat in on HK's court:

    https://nationalpost.com/news/courts...-judging-stint


  2. #12

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    Quote Originally Posted by Cornmeal:
    Here's a view from a Canadian judge (retired chief justice) who sat in on HK's court:

    https://nationalpost.com/news/courts...-judging-stint
    If you’re not looking for further promotion as a part-time judge at the highest court, then yes, your judicial independence is probably not compromised.

    Not much of a reflection of the cases brought before you to be impartial about either. That depends on prosecutorial discretion.
    timonoj, East_coast and Gatts like this.

  3. #13

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    Quote Originally Posted by AsianXpat0:
    If you’re not looking for further promotion as a part-time judge at the highest court, then yes, your judicial independence is probably not compromised.

    Not much of a reflection of the cases brought before you to be impartial about either. That depends on prosecutorial discretion.
    Having just seen 27 Police offices (plus 3 that stated they worked for a government but were not police - one was immigration!!) stop and search 3 students and check their ID cards and personal belongs in detail while being ominously overbearing it is quite clear that some sections of society are targeted more than others.
    AsianXpat0, CharSiuNow and Sage like this.

  4. #14

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    A very small and echoey survey but less than 1 in 10 think the DoJ are impartial so far.


  5. #15

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    Quote Originally Posted by East_coast:
    A very small and echoey survey but less than 1 in 10 think the DoJ are impartial so far.
    Maybe they need another rebrand. This one mustn't have been very convincing.
    Judiciary unveils brand to signify 
institutional independence
    https://stepworks.co/en/branding-age...&type=featured

  6. #16

  7. #17

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    More on the impartial decision to take the above case to the court of appals - related to the desecrating the national flag charge.

    Purely from a strategy point of view - don't they teach lawyers - do not ask questions if you do not know what the answer will be? Or do they know how the CA will rule on this issue?

    Deputy director of public prosecutions Vinci Lam Wing-sai argued that community service was a “manifestly inadequate” sentence and that the magistrate was “wrong in principle” in sparing Law Man-chung, 21, jail.

    “The applicant believes a custodial sentence is appropriate,” Lam said on Wednesday.

    The prosecutor also urged the Court of Appeal to clarify the sentencing considerations for the lower courts to follow, and specifically asked whether jail terms were reserved for repeat offenders or those who had burned flags, which Law did not.
    https://www.scmp.com/news/hong-kong/...kong-protester

  8. #18

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    Quote Originally Posted by shri:
    More on the impartial decision to take the above case to the court of appals - related to the desecrating the national flag charge.

    Purely from a strategy point of view - don't they teach lawyers - do not ask questions if you do not know what the answer will be? Or do they know how the CA will rule on this issue?



    https://www.scmp.com/news/hong-kong/...kong-protester
    Strangely, as a member of the public, I don’t feel harmed or threatened by somebody else stepping on a piece of cloth. Especially to the extent of requiring a jail term.

    Maybe they should look into the “manifestly inadequate” investigation into the Yuen Long incident instead.
    MatthieuTofu likes this.

  9. #19

  10. #20

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    All of the focus of this thread appears to be about the lack of political impartiality (political meaning Democracy Vs BJ i n this threads context).

    It is clear to me however (and several high profile criminal defence layers I have spoken to) that prosecutorial decisions are definitely not impartial on average.

    Certain classes of crime and criminals are prosecuted much more judiciously (sic) than others. The democracy vs BJ scenarios being addressed is only once class of decisions that aren't impartial.

    Teresa Cheng is notorious amongst professionals - that should tell you all you need to know.

    AsianXpat0 likes this.