關於 legal burden ，我們在網路上蒐集到這些相關的討論、資訊與評價

I feel sad that my friend Syed Azmi is being viciously cyber-bullied. I have worked with Mi on some cases and he's been very diligent and patient with my late night calls and has been a great mentor helping me with Humarap and the work I do with single mothers and babies.

When MoM and Humarap set up a Kitafund last year to help the vulnerable communities and children in Sabah, I set the fundraiser to RM20,000. The moment I shared it, he rang and asked for more info. It wasn't too long before PUAKPayong, an NGO that he spearheads, transferred the total amount. I then raised it to RM50K and with the help of other kindred souls, we hit the target and more.

Reading some of the nasty and unconstructive comments with regards to #JusticeForBella makes me ponder about the actual intention of some individuals. The word JUSTICE has strayed from the main concern in ensuring the best interest of the teen, is safeguarded.

He may have overlooked, he may have been seen as not being persistent enough, but I can assure you, he is NEVER malicious and I know this for a fact.

He has helped many, many people. I've been privy to some of the sensitive cases he has to deal with and as an observer from the side taking notes whilst he conducts these one on ones, I see compassion and perseverance in standing up for the most needful in the society.

Picking up from a conversation with another friend who knows Mi personally too, I echo her sentiments.

"He did what he did, said what he thought, without even insinuating anyone when there were many times he could have, even now. When he attempted to share his side of story, not just he was unfairly adjudicated, bits and pieces were extracted and used against him with no mercy, without looking at those excerpts in totality."

Azmi has newly acquired knowledge in criminal justice, so he spoke with greater caution than before, not mentioning names, not giving minute details as all these may have negative repercussions on the investigation process.

Let's hope Bella's assailants will be successfully prosecuted because too much have been out in the media which may be detrimental to the case - potential witness statements out in the public; documents and evidence likewise.

"People forget, burden of proof in a criminal case is beyond reasonable doubt. Chain of evidence must be absolutely intact to secure conviction."

And that is why I hope the dialogue for wanting justice can progress into something that will help. Let's encourage other witnesses to have the courage to tell their stories with accuracy to strengthen the case. Let us mount pressure to not just get legal procedures done swiftly, but to also ensure other caretakers of shelter homes do what they were entrusted to do - to take care of the being of the residents of their home...and more.

[Remember 12 names. Save 12 HK Youths.]

Retweet: https://twitter.com/joshuawongcf/status/1310545929699647488

Global petition: https://bit.ly/save12youthspetitions

It has been 37 days since 12 Hongkongers were arrested by the China Coast Guard in the name of illegal entry - contacts with family members lawyers are still rejected while no information has been received from the detainees.

They are a group of young people who love Hong Kong; while their detainees. Your attention on the issue, though might not be able to necessarily bring them back to Hong Kong immediately, can at least protect them, bringing a glimpse of hope to their family members.

喬映瑜 (Qiao)

Despite a lack of related information, she is a girl who loves Hong Kong. Under severe depression, hardly can we imagine how she could endure 33 days without the assistance of medicine, alone.

張俊富 22歲 (Cheung, 22)

Being a student form the Open University of Hong Kong, he should have been similar to other people, leading a simple life. Instead of opting for pleasant university life, he chose to stand up for Hong Kong. We hope that he can safely return home, together with 11 of the others.

嚴文謙 21歲 (Yim, 21)

He is also a student. It was alleged that he was in Yantian, ShangShen China. At that time, his hair had been totally shaved and his eyes dully glazed over – could anyone imagine what had he experienced?

黃臨福 16歲 (Hoang, 16)
Wong is a 16-year-old secondary school student, the youngest among the 12 detainees. Supposedly, as a teen under 18 (the legal age in Hong Kong), he cannot entrust a lawyer on his on device. John Lee Ka-Chiu, the Security for Security, however, claimed that Wong voluntarily did so. Wong’s family lawyers afterwards requested for a meeting with Chinese officials but were forced to withdraw.

鄧棨然 30歲 (Tang, 30)

Suffering from asthma and skin disease, 30-year old Tang might not have medicine since related information was not found. Worrying, his mother’s every single word in the press conference was heartbreaking to many.

李宇軒 29歲 (Andy Li, 29)

He is a 29-year old youngster who has a strong interest in Manga. As a computer engineer, he endeavoured on the career path with self-study. But if he was to choose between personal interest and the future of Hong Kong, he undoubtedly chose the latter. Nevertheless, due to the possible retrospective period of the National Security Law, his trust in the legal systems vanished, having no choice but to escape.

張銘裕 20歲 (Cheung, 20)

As a youngster in his twenty, Cheung originally was similar to other young people, having hobbies ranging from playing football, rock climbing to diving. Since he is relatively more mature, he takes care of himself well. Such an active youngster was however arrested during the Anti-extradition Law movement, being entitled with a criminal charge.

Cheung had once told his father that he needs to “fight for democracy and freedom”, which was questioned by his father as to for what he was fighting for. “For the next generation”, Cheung answered resoundingly. Such a firmed belief continued to glow upon the moment he was on board. He understood that to fight for the next generation, he should first stay alive.

李子賢 29歲 (Lee, 29)

Lee is a 29-year old cat lover - going to sleep with the two cats he adopted was the most valuable moment in his life. Attempting to leave Hong Kong, he took the initiative to take a photo with his mother. Before going on board, he took out the photo, thinking about his mother who was always proud of his helpfulness and filial piety. Tracing back to his mother’s birthdays on which he made cheesecake and sang a song, he hoped that his mother would know he loves Hong Kong, too.


郭子麟 18歲 (Kok, 18)

Apart from his family, Kwok, an HKU Engineering Student who loves drama, was also thinking about a girl whom he knew from the Drama Club. Perhaps she is, indeed, the main cast of his life.

Before leaving his homeland, he plucked up all his courage to confess to the girl, echoing to one of HKU students’ sayings - “striving all your effort and leaving no regrets (BJMF)”. Life is like a play. Contemplating on the rippling waters, was he wondering whether this his affection would simply be buried, like a pearl sinking into in the vast ocean?

鄭子豪 17歲 (Cheng, 17)

Bringing with him a fishing rod and bucket; claiming that he was going to fishing – it was the way Cheng waved goodbye to his family; it was the white lie Cheng told in order to leave without notice, protecting his family from worrying.

Before leaving, Cheng used his pocket money to purchase a phone for his mother as a birthday gift. The phone is still here while the receiver has been so distant away. Cheng loves Hong Kong no less than his family. He was willing to bear the burden and go away, taking all the fishing equipment and leaving overnight.

廖子文 17歲 (Liu, 17)

Liu will become 18 after less than one week. To celebrate his birthday, he used to dine outside with his family – such usual practice, however, became a memory. Nevertheless, he actually has already participated in the Rites of Passage Ceremony – because what he experienced was much more than any other others.

Liu is a tough guy, hiding most of the emotions.

When he was small, knowing his older brother being bullied, he would directly ride on a bicycle to drive away the bullies. Most probably, his insistence on justice was what drives him to embark on the journey of the Movement.

黃偉然 29歲 (Wong, 29)

“Forgive my selfishness. In face of the parting of life and death, millions of words inside my throat can only be expressed between written lines.” – this was what written by Wong, a 29-year old motor mechanic, who left in his room the letter written with wordings like “I’m so sorry”, “sorry, mom” and “forgive my selfishness”.

Even since being released from Lai Chi Kok Reception Centre, Wong had been more distant to his friends and family. Rarely did he have dining with his family, but often did he lock himself inside the room. He even reduced contacts with two of his favourite cats. Probably, he was paving the way for the departure with his family who may be more accustomed to living a life without Wong.

My recent article😎😎😎
我最新的評論文章💪💪💪

Opinion | A misleading slogan by the opposition camp: political prosecution HK

Current2小時前

By Athena Kung

LegCo members Lam Cheuk-ting (hereinafter referred to as "Lam") and Ted Hui Chi-fung (hereinafter referred to as "Hui") were arrested at their residence respectively in the morning on 26th of August 2020. In the afternoon on 27th of August 2020, they were brought before Magistrate Peter Law Esq. sitting in West Kowloon Magistrates' Courts. Both of them faced a count of attempting to perverting the course of justice. Lam was also charged of 1 count of riot. Hui further faced 2 more charges, including criminal damage and access to computer with criminal or dishonest intent. Their bail application was objected by prosecution. After all, the court granted bail to both Lam and Hui. Their cases were adjourned for mention.

Shortly after being released by the court, Lam and Hui strongly criticized the arrest and prosecution and described it as a "public prosecution". All along, whenever any members of the opposition camp have been arrested and prosecuted, then their whole group with the local and foreign media supporting them would together accuse the HKSAR Government of making a political prosecution with an aim to suppress the dissidents. They would also try their best to condemn the HKSAR Government's such act as being a violation of the Sino-British Joint Statement and Hong Kong Basic Law. From time to time, they further attack the Government's such acts as suppressing their freedom of speech.

It appears that whenever the opposition camp alleges the Government conducts a political prosecution, all they mean is that the Government is making use of the political reasons to arrest or prosecute them. Recently, the term "political prosecution" has been the slogan made use of by the opposition camp frequently for the purpose of smearing the Hong Kong Police, Department of Justice, the Judiciary as well as the whole HKSAR Government. The motive behind is to provoke the public's hatred towards the HKSAR Government and even the Central Government, which has been a very important step in the Colour Revolutions instigated by the US Government all over the world.

Everyone is equal before the law. Even the LegCo Members must comply with all the laws in Hong Kong. No doubt, according to the Legislative Council (Powers and Privileges) Ordinance, Cap 382, Laws of Hong Kong (hereinafter referred to as "the Ordinance"), the privileges and immunities to be enjoyed by the LegCo Members include:

(1) Freedom of speech and debate "in the Council or proceedings before a committee" under Section 3 of the Ordinance.

(2) Immunity from legal proceedings, namely no civil or criminal proceedings shall be instituted against any member for "words spoken before, or written in a report to, the Council or a Committee, or by reason of any matter brought by him therein by petition, Bill, resolution, motion or otherwise" under Section 4 of the Ordinance.

(3) Freedom to arrest under Section 5 of the Ordinance, including:

(a) No member shall be liable to arrest for any civil debt whilst going to, attending at or returning from a sitting of the Council or a committee;

(b) No member shall be liable to arrest for any criminal offence whilst attending at a sitting of the Council or a Committee.

In short, the privilege, immunity and freedom of speech and debate can only been exercised by the LegCo Members when they are performing their duties in making speech and debate in the Council or during the committee proceedings. The charges faced by Lam and Hui occurred in Yuen Long MTR Station on 21st of July 2019 or outside Tuen Mun Police Station on 6th of July 2019 respectively. Clearly, on both days, Lam and Hui were not performing their duties in the Council or before any Committee. On 26th of August, they were arrested at their home, but not during their attending at or returning from the Council or any Committee. Obviously, the LegCo Members from the Opposition Camp often exaggerate their privilege, immunity and freedom of speech to mislead the public.

Outside the Council and Committees, all LegCo Members must obey to all the laws in Hong Kong. Being the lawmakers who play a significant role in discussing and passing the Bills in the Legislative Council, as expected by the society, they have to behave themselves properly and setting up as good models for the public to follow and imitate, particularly for those youngsters who are immature. Their keeping on showing no respect at all towards the law and order is step by step ruining Hong Kong's rule of law, which has been the cornerstone of the success gained by the Pearl of the Oriental.

The Opposition Camp often alleges that the HKSAR Government has violated the Sino-British Joint Statement and the Hong Kong Basic Law. However, never have they pointed out which part of the 2 documents have been breached by the HKSAR Government. Obviously, such condemn is slogan as well without any concrete support at all, aiming at spreading the hatred towards the Government in the society.

So long as the Opposition Camp is of the view that any prosecution has insufficient basis to support the charge, all they should do is to face the trial bravely instead of keeping on criticizing the Government wrongfully from time to time. In court, they may have the right to deny the charges against them. The burden of proof lies on the prosecution whereas the standard of proof is beyond reasonable doubt. Defence discharges of no burden of proof at all. All defendants in criminal cases are presumed to be innocent. Prosecution had the duty to produce evidence to prove all elements of the charges they are facing. They also have the right to have their legal representation, call their own witnesses and decide whether to give evidence during the court process. Even if they are convicted after trial, they still have the right to appeal against the conviction and/or the sentence.

The author is Barrister-at-law.

The views don't necessarily reflect those of Orange News.

責任編輯：CK Li

編輯：Whon