雙語社評齊齊聽

英語 (足本收聽)

普通話 (足本收聽)

【明報專訊】THE CASE of Amina Bokhary (whose uncle is Court of Final Appeal Permanent Judge Kemal Bokhary) has raised serious doubts, which have not subsided though she is now in jail. Citizens suspect the prosecution tried to let her off in deciding what to charge her with. Last week, the Department of Justice urged the Court of Appeal to give her a stiffer sentence. However, its counsel made a bizarre, "low-class" mistake. He failed to cite any precedents. Ms Bokhary was therefore given leniency. The respondent, who comes from an illustrious clan, has repeatedly been let off. Citizens cannot but have suspicions.

英語

雖然終審法院常任法官包致金的侄女Amina已經入獄，但是案件引起的公眾質疑仍未止息。該案在選擇控罪時已被質疑「放生」Amina，上周律政司向上訴庭要求加刑時，律政司代表再次犯下離奇的「低級錯誤」，無法出示案例致Amina再獲「鬆章」。同一宗案件，家世顯赫的Amina，一而再、再而三獲「鬆手」厚待，公眾自然質疑。

普通話

When Ms Bokhary was jailed for violating a condition of her probation order, the public outcry began to subside. However, something very baffling happened last week when the Department of Justice urged the court to jail Ms Bokhary immediately for refusing to give a breath sample.

英語

後來Amina因違反感化令被改判入獄，本來輿情已告平靜下來，豈料上周律政司就Amina拒絕提供呼氣樣本一罪向上訴庭要求改判即時監禁時，再次出現令人大惑不解的情節。

普通話

A Court of Appeal judge asked Deputy Direct of Public Prosecution (DPP) Kevin Zervos to cite precedents of penalty, but he failed to do so. In fact, such precedents abound, and it only takes ten to twenty minutes to find some of them. The Deputy DPP's failure is very baffling indeed. Eventually, the Court of Appeal extended Ms Bokhary's driving ban from one year to three years but decided not to jail her for the offence. The court criticised the Department of Justice, calling it "unhelpful". Ms Bokhary was let off again.

英語

當上訴庭法官要求代表律政司的副刑事檢控專員薛偉成（Kevin Zervos）提交案例時，薛偉成卻未能呈上，其實，這類案例很多，只要花十來二十分鐘翻查量刑案例，就可以找到。薛偉成的「漏招」，使人難以理解。上訴庭最後只將Amina的停牌期由1年加至3年，毋須監禁，法官批評律政司未能協助法庭（unhelpful）。如是者，Amina再次被「放生」。

普通話

Several coincidences have happened in a row to Ms Bokhary, whose kinsmen have innumerable ties with Hong Kong's legal profession. While she has got off the hook, Hong Kong's justice system has suffered. People therefore suspect that, though all are equal before the law, some are "more equal" than others.

英語

一連串的「巧合」，發生在一個家族與香港法律界有千絲萬縷關係的被告身上，結果一個人得到放生，但卻令整個司法制度蒙上陰影，令人懷疑法律面前人人平等，但有些人卻「更平等」。

普通話

One who does not believe any is legally privileged in Hong Kong may point out what we have mentioned above is pure conjecture and there is no evidence that any has tried to shield Ms Bokhary. However, justice must not only be done but also be seen to be done. Clearly, in Amina Bokhary's case, justice has not been seen to be done, and that has shaken the public's confidence in the rule of law in Hong Kong.

英語

不同意香港已出現「法律特權階級」的人會指出，上述只是毫無根據的猜測，沒有證據證實有人包庇被告；然而，司法公正不單要得到落實，還要被公眾清楚看見。在Amina一案中，司法公正明顯未能「被公眾看得見」，公眾對香港法治的信心明顯已被動搖。

普通話

The problem is equally serious even if none has tried to protect Ms Bokhary and none is legally privileged in Hong Kong, but a number of mistakes on the part of the prosecution have given the public a wrong impression.

英語

退一步來說，即使沒有人包庇Amina，也沒有所謂「法律特權階級」存在，一切只是檢控當局接連出錯，才導致公眾產生錯覺，如果這是事實的話，問題同樣嚴重。

普通話

It has long been rumoured in the legal profession that Kevin Zervos is very likely to become the next DDP. As such an important official has made such a serious mistake and the prosecution has made one mistake after the other, citizens' suspicion of or worry about shoddy prosecutions is not unfounded.

英語

法律界一直盛傳薛偉成是下任刑事檢控專員的大熱門，地位如此重要的官員，竟然犯上如斯嚴重的錯誤，加上一個接連犯錯的檢控當局，市民懷疑和擔憂檢控質素低劣是有根據的。

普通話

Shoddy prosecutions would badly damage the rule of law in Hong Kong, as would attempts to protect privileged people. The matter ought not to be regarded as an isolated case. It must not be dropped just because Ms Bokhary is now behind bars. The Secretary for Justice owes the public a persuasive account. The Legislative Council penal that should look at such cases must follow it up. Secretary for Justice Wong Yan-lung must find out and let the public know what has actually happened. Only if the authorities do so can public confidence be salvaged.

英語

不論是檢控質素拙劣，還是包庇特權，都是對香港法治的嚴重損害，不能視為個別事件，不應隨着Amina入獄而不了了之，律政司還欠公眾一個具說服力的交代。立法會相關的委員會應主動跟進事件，向官員提出質詢，律政司長黃仁龍必須主動了解事件，並向公眾交代，方能挽回市民大眾的信心。

普通話

明報社評2011.01.17

Presented by lecturers of Hong Kong Community College, PolyU and The Hong Kong Polytechnic University

Miss Zoe Lam, Lecturer, HKCC

http://www.hkcc-polyu.edu.hk/index.php?lang=eng&cms=929

袁振華博士，香港理工大學中文及雙語系講師

http://www.cbs.polyu.edu.hk/staffs/Yuen-David.php

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