Perception of a double standard

Secretary for Justice Wong Yan-lung moved swiftly yesterday to quell the storm brewing from the lenient sentence meted out to the niece of a top judge - even though it was her third conviction for assaulting a police officer.

But will his decision to initiate a review rather than appeal help clear the air?

Since Amina Mariam Bokhary, 33, was spared jail for careless driving, refusing to take a breathalyzer test, and assaulting a cop, there has been a public outcry.

Why are people angry? Many suspect the leniency shown the woman - the niece of Court of Final Appeal Judge Kemal Mariam Bokhary - had to do with her prominent family background. The belief may be unfounded, but this is the common perception.

It's the public's expectation that justice must be seen or perceived to be served fairly. Unfortunately, magistrate Anthony Yuen Wai-ming wasn't convincing when he placed Amina on probation for one year, fined her HK$8,000, and banned her from driving for a year.

Yuen referred to her good family background in his judgment, and cited her medical condition of bipolar disorder as the grounds for leniency.

Yesterday, barrister lawmaker Ronny Tong Ka-wah disputed the justice minister's decision not to appeal directly. According to the legislation, either the prosecution or defense in a case, as well as the presiding judge can initiate a review within 14 days after the ruling. It will be presided by the same judge unless he or she recuses himself or herself.

I'm not sure if it's Wong's calculated move to start from a lower ground, and to escalate it later depending on what transpires.

I agree with Tong the minister should mount an appeal to a higher court for a clear verdict and guidelines to deal with similar situations in future. In an appeal, the case will be heard by a different judge, and this would help strengthen public confidence in the SAR's rule of law.

It will go against Hong Kong's interest for anyone to think there's one brand of justice for the rich, and another brand for the rest of us.

In initiating the review, Wong's office called Yuen's ruling inadequate and wrong in principle, but stopped short of saying how the principle had not been thoroughly upheld.

I'm sure this isn't the first time police have asked the Department of Justice to work for a review. But the current case is unique - while the cops are expected to enforce the law, the ruling has cast doubt on how it's expected to be done. No wonder the force's rank and file has reacted strongly to the case.

The reasoning offered by Yuen is unpersuasive. On one hand, he said the offenses were serious and should warrant a custodial sentence. On the other hand, he excused the defendant because of her family background and medical condition.

In any serious offense involving a mental patient, treatment would be mandatory. Has Amina ever been treated for bipolar disorder after her previous convictions?

For anyone with a family background as proud as Amina's, he or she is expected to abide by the law more than anybody else.

英文虎報
Central Station | By Mary Ma