關於 may fit爭議 ，我們在網路上蒐集到這些相關的討論、資訊與評價

這個月最震驚國際的非阿富汗美軍撤離帶起的阿富汗政府投降、塔利班政權重新控制阿富汗，以及眾多阿富汗人民擠在機場試圖以生命為代價離開阿富汗的新聞。先不管塔利班政府將實施的政策舉措如何，這次的美軍撤離帶起了一個很大的倫理爭議，那就是過去協助美軍或各國使館的阿富汗僱員，他們等同於被僱主拋棄了，他們很有可能面對塔利班政權的「叛國」指控。這樣撤離卻丟下當地合作伙伴的倫理缺失，極有可能讓這些國家（尤其是美國）未來不再對各地有意願合作的當地人產生吸引力與說服力。小編今天要推薦的文章就是試著從美國官僚式、漫長且機率極低的「特殊移民簽證」來討論這個話題。

———————————

「美軍總會保護『自己人』...但這包括阿富汗人嗎？」死鬥了20年的阿富汗戰爭，在過去一星期以極度魔幻現實的方式，在全世界驚恐見證下象徵式地劃上句點。然而，對於那些自認被美國拋棄的阿富汗人——尤其是曾為美軍與西方盟邦賣命工作的「阿富汗朋友」——來說，無止盡的亡命之途才正要開始。

2021年8月，阿富汗塔利班於發動全國總攻的短短十日內，閃電擊潰阿富汗中央政府。首都喀布爾「無血開城」、總統甘尼（Ashraf Ghani）落跑走人、美軍與西方盟軍加速大撤退，大批恐慌的阿富汗人，自15日起陸續湧入唯一逃生出口的喀布爾機場（KBL），粗估至少上萬人。在這些備感遭美國與西方背叛的難民之中，尤其被塔利班視為「美帝走狗」、處境格外尷尬危險的，是那些曾經為美軍與西方盟軍冒命工作的阿富汗籍隨軍翻譯、使館雇員、情蒐人員...等。

令人瞠目結舌的「災難式撤離行動」，也迅速激起了許多美軍退伍老兵的怒火與自發性施壓救援，希望能在兵荒馬亂的最後時刻裡，拚了命地施壓美國政府：一定要全力救出這些曾經陪同美國大兵出生入死的「阿富汗戰爭翻譯」。但就算如此，白宮、美軍高層與五角大廈卻都無法承諾混亂的現況：「美國會撤出所有美國公民...但其他的朋友，我們只能盡力。」

儘管華府長年試圖透過「特殊移民簽證」（SIVs）相關制度，有限開放為美軍工作的阿富汗人申請難民庇護、逃往美國，但繁複的官僚程序、冗長無盡的審查、難以自證的忠誠與清白，終究只為總數龐大的「阿富汗之友」，打開小小一扇的庇護窄門。

美國深知撤退後，那些替美軍賣命的阿富汗人恐會喪命於塔利班治下的「帝國墳場」，為何仍選擇「拋棄」他們？如今塔利班再度攻下阿富汗全國，卡在美國與塔利班之間的「阿富汗棄民」，又該怎麼活著等到「自由女神」的庇護呢？

本週《重磅廣播》也特別邀請轉角前編輯糖蜜與我們談談，她近期因緣際會訪問一位曾任美軍口譯員的中東難民——他們為何冒命替美軍工作？尋求庇護之路又是如何艱苦漫長？

（以上引用自網頁原文）

https://global.udn.com/global_vision/story/8663/5687498
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這是前些日子爆出已經被加拿大法院接理對藏傳佛教噶舉派法王的訟訴。（加拿大法院鏈接在此：https://www.bccourts.ca/jdb-txt/sc/21/09/2021BCSC0939cor1.htm?fbclid=IwAR2FLZlzmUIGTBaTuKPVchEqqngcE3Qy6G_C0TWNWVKa2ksbIYkVJVMQ8f8）

這位法王的桃色事件，我是幾年前才聽到。但，藏傳佛教的高層有這些性醜聞，我已經聽了幾十年。我以前的一位前女友也被一些堪布藉故上她的家摟抱過，也有一些活佛跟她表白。（這不只是她，其他地方我也聽過不少）

這是一個藏傳佛教裡面系統式的問題。

很多時候發生這種事情，信徒和教主往往都是說女方得不到寵而報仇，或者說她們也精神病，或者說她們撒謊。

我不排除有這種可能性，但，多過一位，甚至多位出來指證的時候，我是傾向於相信『沒有那麼巧這麼多有精神病的女人要撒謊來報仇』。

大寶法王的桃色事件，最先吹哨的是一位台灣的在家信徒，第二位是香港的女出家人，現在加拿大又多一位公開舉報上法庭。

對大寶法王信徒來說，這一次的比較麻煩，因為是有孩子的。（關於有孩子的，我早在法王的桃色事件曝光時，就有聽聞）

如果法庭勒令要驗證DNA，這對法王和他的信徒來說，會很尷尬和矛盾，因為做或不做，都死。

你若問我，我覺得『人數是有力量的』，同時我也覺得之後有更多的人站出來，是不出奇的。

我也藉此呼籲各方佛教徒，如果你們真的愛佛教，先別說批判，但如鴕鳥般不討論這些爭議，你是間接害了佛教。

（下面是我從加拿大法院鏈接拷貝下來的內容，當中有很多細節。）

Table of Contents

INTRODUCTION

BACKGROUND

ANALYSIS

A. The Spousal Support Claim in this Case

B. The Test to Amend Pleadings

C. Pleadings in Family Law Cases

D. The Legal Concept of a Marriage-Like Relationship

E. Is There a Reasonable Claim of a Marriage-Like Relationship?

F. Delay / Prejudice

CONCLUSION



INTRODUCTION
[1] The claimant applies to amend her notice of family claim to seek spousal support. At issue is whether the claimant’s allegations give rise to a reasonable claim she lived with the respondent in a marriage-like relationship, so as to give rise to a potential entitlement to spousal support under the Family Law Act, S.B.C. 2011, c. 25 (“FLA”).

[2] The facts alleged by the claimant do not fit within a traditional concept of marriage. The claimant does not allege that she and the respondent ever lived together. Indeed, she has only met the respondent in person four times: twice very briefly in a public setting; a third time in private, when she alleges the respondent sexually assaulted her; and a fourth and final occasion, when she informed the respondent she was pregnant with his child.

[3] The claimant’s case is that what began as a non-consensual sexual encounter evolved into a loving and affectionate relationship. That relationship occurred almost entirely over private text messages. The parties rarely spoke on the telephone, and never saw one another during the relationship, even over video. The claimant says they could not be together because the respondent is forbidden by his station and religious beliefs from intimate relationships or marriage. Nonetheless, she alleges, they formed a marriage-like relationship that lasted from January 2018 to January 2019.

[4] The respondent denies any romantic relationship with the claimant. While he acknowledges providing emotional and financial support to the claimant, he says it was for the benefit of the child the claimant told him was his daughter.

[5] The claimant’s proposed amendment raises a novel question: can a secret relationship that began on-line and never moved into the physical world be like a marriage? In my view, that question should be answered by a trial judge after hearing all of the evidence. The alleged facts give rise to a reasonable claim the claimant lived with the respondent in a marriage-like relationship. Accordingly, I grant the claimant leave to amend her notice of family claim.

BACKGROUND
[6] It should be emphasized that this is an application to amend pleadings only. The allegations by the claimant are presumed to be true for the purposes of this application. Those allegations have not been tested in a court of law.

[7] The respondent, Ogyen Trinley Dorje, is a high lama of the Karma Kagyu School of Tibetan Buddhism. He has been recognized and enthroned as His Holiness, the 17th Gyalwang Karmapa. Without meaning any disrespect, I will refer to him as Mr. Dorje in these reasons for judgment.

[8] Mr. Dorje leads a monastic and nomadic lifestyle. His true home is Tibet, but he currently resides in India. He receives followers from around the world at the Gyuto Monetary in India. He also travels the world teaching Tibetan Buddhist Dharma and hosting pujas, ceremonies at which Buddhists express their gratitude and devotion to the Buddha.

[9] The claimant, Vikki Hui Xin Han, is a former nun of Tibetan Buddhism. Ms. Han first encountered Mr. Dorje briefly at a large puja in 2014. The experience of the puja convinced Ms. Han she wanted to become a Buddhist nun. She met briefly with Mr. Dorje, in accordance with Kagyu traditions, to obtain his approval to become a nun.

[10] In October 2016, Ms. Han began a three-year, three-month meditation retreat at a monastery in New York State. Her objective was to learn the practices and teachings of the Kagyu Lineage. Mr. Dorje was present at the retreat twice during the time Ms. Han was at the monastery.

[11] Ms. Han alleges that on October 14, 2017, Mr. Dorje sexually assaulted her in her room at the monastery. She alleges that she became pregnant from the assault.

[12] After she learned that she was pregnant, Ms. Han requested a private audience with Mr. Dorje. In November 2017, in the presence of his bodyguards, Ms. Han informed Mr. Dorje she was pregnant with his child. Mr. Dorje initially denied responsibility; however, he provided Ms. Han with his email address and a cellphone number, and, according to Ms. Han, said he would “prepare some money” for her.

[13] Ms. Han abandoned her plan to become a nun, left the retreat and returned to Canada. She never saw Mr. Dorje again.

[14] After Ms. Han returned to Canada, she and Mr. Dorje began a regular communication over an instant messaging app called Line. They also exchanged emails and occasionally spoke on the telephone.

[15] The parties appear to have expressed care and affection for one another in these communications. I say “appear to” because it is difficult to fully understand the meaning and intentions of another person from brief text messages, especially those originally written in a different language. The parties wrote in a private shorthand, sharing jokes, emojis, cartoon portraits and “hugs” or “kisses”. Ms. Han was the more expressive of the two, writing more frequently and in longer messages. Mr. Dorje generally participated in response to questions or prompting from Ms. Han, sometimes in single word messages.

[16] Ms. Han deposes that she believed Mr. Dorje was in love with her and that, by January 2018, she and Mr. Dorje were living in a “conjugal relationship”.

[17] During their communications, Ms. Han expressed concern that her child would be “illegitimate”. She appears to have asked Mr. Dorje to marry her, and he appears to have responded that he was “not ready”.

[18] Throughout 2018, Mr. Dorje transferred funds in various denominations to Ms. Han through various third parties. Ms. Han deposes that these funds were:

a) $50,000 CDN to deliver the child and for postpartum care she was to receive at a facility in Seattle;

b) $300,000 CDN for the first year of the child’s life;

c) $20,000 USD for a wedding ring, because Ms. Han wrote “Even if we cannot get married, you must buy me a wedding ring”;

d) $400,000 USD to purchase a home for the mother and child.

[19] On June 19, 2018, Ms. Han gave birth to a daughter in Richmond, B.C.

[20] On September 17, 2018, Mr. Dorje wrote, ”Taking care of her and you are my duty for life”.

[21] Ms. Han’s expectation was that the parties would live together in the future. She says they planned to live together. Those plans evolved over time. Initially they involved purchasing a property in Toronto, so that Mr. Dorje could visit when he was in New York. They also discussed purchasing property in Calgary or renting a home in Vancouver for that purpose. Ms. Han eventually purchased a condominium in Richmond using funds provided by Mr. Dorje.

[22] Ms. Han deposes that the parties made plans for Mr. Dorje to visit her and meet the child in Richmond. In October 2018, however, Mr. Dorje wrote that he needed to “disappear” to Europe. He wrote:

I will definitely find a way to meet her

And you

Remember to take care of yourself if something happens

[23] The final plan the parties discussed, according to Ms. Han, was that Mr. Dorje would sponsor Ms. Han and the child to immigrate to the United States and live at the Kagyu retreat centre in New York State.

[24] In January 2019, Ms. Han lost contact with Mr. Dorje.

[25] Ms. Han commenced this family law case on July 17, 2019, seeking child support, a declaration of parentage and a parentage test. She did not seek spousal support.

[26] Ms. Han first proposed a claim for spousal support in October 2020 after a change in her counsel. Following an exchange of correspondence concerning an application for leave to amend the notice of family claim, Ms. Han’s counsel wrote that Ms. Han would not be advancing a spousal support claim. On March 16, 2020, counsel reversed course, and advised that Ms. Han had instructed him to proceed with the application.

[27] When this application came on before me, the trial was set to commence on June 7, 2021. The parties were still in the process of discoveries and obtaining translations for hundreds of pages of documents in Chinese characters.

[28] At a trial management conference on May 6, 2021, noting the parties were not ready to proceed, Madam Justice Walkem adjourned the trial to April 11, 2022.

ANALYSIS
A. The Spousal Support Claim in this Case
[29] To claim spousal support in this case, Ms. Han must plead that she lived with Mr. Dorje in a marriage-like relationship. This is because only “spouses” are entitled to spousal support, and s. 3 of the Family Law Act defines a spouse as a person who is married or has lived with another person in a marriage-like relationship:

3 (1) A person is a spouse for the purposes of this Act if the person

(a) is married to another person, or

(b) has lived with another person in a marriage-like relationship, and

(i) has done so for a continuous period of at least 2 years, or

(ii) except in Parts 5 [Property Division] and 6 [Pension Division], has a child with the other person.

[30] Because she alleges she has a child with Mr. Dorje, Ms. Han need not allege that the relationship endured for a continuous period of two years to claim spousal support; but she must allege that she lived in a marriage-like relationship with him at some point in time. Accordingly, she must amend the notice of family claim.

B. The Test to Amend Pleadings
[31] Given that the notice of trial has been served, Ms. Han requires leave of the court to amend the notice of family claim: Supreme Court Family Rule 8-1(1)(b)(i).

[32] A person seeking to amend a notice of family claim must show that there is a reasonable cause of action. This is a low threshold. What the applicant needs to establish is that, if the facts pleaded are proven at trial, they would support a reasonable claim. The applicant’s allegations of fact are assumed to be true for the purposes of this analysis. Cantelon v. Wall, 2015 BCSC 813, at para. 7-8.

[33] The applicant’s delay, the reasons for the delay, and the prejudice to the responding party are also relevant factors. The ultimate consideration is whether it would be just and convenient to allow the amendment. Cantelon, at para. 6, citing Teal Cedar Products Ltd. v. Dale Intermediaries Ltd. et al (1986), 19 B.C.L.R. (3d) 282.

C. Pleadings in Family Law Cases
[34] Supreme Court Family Rules 3-1(1) and 4-1(1) require that a claim to spousal support be pleaded in a notice of family claim in Form F3. Section 2 of Form F3, “Spousal relationship history”, requires a spousal support claimant to check the boxes that apply to them, according to whether they are or have been married or are or have been in a marriage-like relationship. Where a claimant alleges a marriage-like relationship, Form F3 requires that they provide the date on which they began to live together with the respondent in a marriage-like relationship and, where applicable, the date on which they separated. Form F3 does not require a statement of the factual basis for the claim of spousal support.

[35] In this case, Ms. Han seeks to amend the notice of family claim to allege that she and Mr. Dorje began to live in a marriage-like relationship in or around January 2018, and separated in or around January 2019.

[36] An allegation that a person lived with a claimant in a marriage-like relationship is a conclusion of law, not an allegation of fact. Unlike the rules governing pleadings in civil actions, however, the Supreme Court Family Rules do not expressly require family law claimants to plead the material facts in support of conclusions of law.

[37] In other words, there is no express requirement in the Supreme Court Family Rules that Ms. Han plead the facts on which she relies for the allegation she and Mr. Dorje lived in a marriage-like relationship.

[38] Rule 4-6 authorizes a party to demand particulars, and then apply to the court for an order for further and better particulars, of a matter stated in a pleading. However, unless and until she is granted leave and files the proposed amended notice of family claim, Ms. Han’s allegation of a marriage-like relationship is not a matter stated in a pleading.

[39] Ms. Han filed an affidavit in support of her application to amend the notice of family claim. Normally, evidence would not be required or admissible on an application to amend a pleading. However, in the unusual circumstances of this case, the parties agreed I may look to Ms. Han’s affidavit and exhibits for the facts she pleads in support of the allegation of a marriage-like relationship.

[40] Because this is an application to amend - and Ms. Han’s allegations of fact are presumed to be true - I have not considered Mr. Dorje’s responding affidavit.

[41] Relying on affidavit evidence for an application to amend pleadings is less than ideal. It tends to merge and confuse the material facts with the evidence that would be relied on to prove those facts. In a number of places in her affidavit, for example, Ms. Han describes her feelings, impressions and understandings. A person’s hopes and intentions are not normally material facts unless they are mutual or reasonably held. The facts on which Ms. Han alleges she and Mr. Dorje formed a marriage-like relationship are more important for the present purposes than her belief they entered into a conjugal union.

[42] Somewhat unusually, in this case, almost all of the parties’ relevant communications were in writing. This makes it somewhat easier to separate the facts from the evidence; however, as stated above, it is difficult to understand the intentions and actions of a person from brief text messages.

[43] In my view, it would be a good practice for applicants who seek to amend their pleadings in family law cases to provide opposing counsel and the court with a schedule of the material facts on which they rely for the proposed amendment.

D. The Legal Concept of a Marriage-Like Relationship
[44] As Mr. Justice Myers observed in Mother 1 v. Solus Trust Company, 2019 BCSC 200, the concept of a marriage-like relationship is elastic and difficult to define. This elasticity is illustrated by the following passage from Yakiwchuk v. Oaks, 2003 SKQB 124, quoted by Myers J. at para. 133 of Mother 1:

[10] Spousal relationships are many and varied. Individuals in spousal relationships, whether they are married or not, structure their relationships differently. In some relationships there is a complete blending of finances and property - in others, spouses keep their property and finances totally separate and in still others one spouse may totally control those aspects of the relationship with the other spouse having little or no knowledge or input. For some couples, sexual relations are very important - for others, that aspect may take a back seat to companionship. Some spouses do not share the same bed. There may be a variety of reasons for this such as health or personal choice. Some people are affectionate and demonstrative. They show their feelings for their “spouse” by holding hands, touching and kissing in public. Other individuals are not demonstrative and do not engage in public displays of affection. Some “spouses” do everything together - others do nothing together. Some “spouses” vacation together and some spend their holidays apart. Some “spouses” have children - others do not. It is this variation in the way human beings structure their relationships that make the determination of when a “spousal relationship” exists difficult to determine. With married couples, the relationship is easy to establish. The marriage ceremony is a public declaration of their commitment and intent. Relationships outside marriage are much more difficult to ascertain. Rarely is there any type of “public” declaration of intent. Often people begin cohabiting with little forethought or planning. Their motivation is often nothing more than wanting to “be together”. Some individuals have chosen to enter relationships outside marriage because they did not want the legal obligations imposed by that status. Some individuals have simply given no thought as to how their relationship would operate. Often the date when the cohabitation actually began is blurred because people “ease into” situations, spending more and more time together. Agreements between people verifying when their relationship began and how it will operate often do not exist.

[45] In Mother 1, Mr. Justice Myers referred to a list of 22 factors grouped into seven categories, from Maldowich v. Penttinen, (1980), 17 R.F.L. (2d) 376 (Ont. Dist. Ct.), that have frequently been cited in this and other courts for the purpose of determining whether a relationship was marriage-like, at para. 134 of Mother 1:

1. Shelter:

(a) Did the parties live under the same roof?

(b) What were the sleeping arrangements?

(c) Did anyone else occupy or share the available accommodation?

2. Sexual and Personal Behaviour:

(a) Did the parties have sexual relations? If not, why not?

(b) Did they maintain an attitude of fidelity to each other?

(c) What were their feelings toward each other?

(d) Did they communicate on a personal level?

(e) Did they eat their meals together?

(f) What, if anything, did they do to assist each other with problems or during illness?

(g) Did they buy gifts for each other on special occasions?

3. Services:

What was the conduct and habit of the parties in relation to:

(a) preparation of meals;

(b) washing and mending clothes;

(c) shopping;

(d) household maintenance; and

(e) any other domestic services?

4. Social:

(a) Did they participate together or separately in neighbourhood and community activities?

(b) What was the relationship and conduct of each of them toward members of their respective families and how did such families behave towards the parties?

5. Societal:

What was the attitude and conduct of the community toward each of them and as a couple?

6. Support (economic):

(a) What were the financial arrangements between the parties regarding the provision of or contribution toward the necessaries of life (food, clothing, shelter, recreation, etc.)?

(b) What were the arrangements concerning the acquisition and ownership of property?

(c) Was there any special financial arrangement between them which both agreed would be determinant of their overall relationship?

7. Children:

What was the attitude and conduct of the parties concerning children?

[46] In Austin v. Goerz, 2007 BCCA 586, the Court of Appeal cautioned against a “checklist approach”; rather, a court should "holistically" examine all the relevant factors. Cases like Molodowich provide helpful indicators of the sorts of behaviour that society associates with a marital relationship, the Court of Appeal said; however, “the presence or absence of any particular factor cannot be determinative of whether a relationship is marriage-like” (para. 58).

[47] In Weber v. Leclerc, 2015 BCCA 492, the Court of Appeal again affirmed that there is no checklist of characteristics that will be found in all marriages and then concluded with respect to evidence of intentions:

[23] The parties’ intentions – particularly the expectation that the relationship will be of lengthy, indeterminate duration – may be of importance in determining whether a relationship is “marriage-like”. While the court will consider the evidence expressly describing the parties’ intentions during the relationship, it will also test that evidence by considering whether the objective evidence is consonant with those intentions.

[24] The question of whether a relationship is “marriage-like” will also typically depend on more than just their intentions. Objective evidence of the parties’ lifestyle and interactions will also provide direct guidance on the question of whether the relationship was “marriage-like”.

[48] Significantly for this case, the courts have looked to mutual intent in order to find a marriage-like relationship. See, for example, L.E. v. D.J., 2011 BCSC 671 and Buell v. Unger, 2011 BCSC 35; Davey Estate v. Gruyaert, 2005 CarswellBC 3456 at 13 and 35.

[49] In Mother 1, Myers J. concluded his analysis of the law with the following learned comment:

[143] Having canvassed the law relating to the nature of a marriage-like relationship, I will digress to point out the problematic nature of the concept. It may be apparent from the above that determining whether a marriage-like relationship exists sometimes seems like sand running through one's fingers. Simply put, a marriage-like relationship is akin to a marriage without the formality of a marriage. But as the cases mentioned above have noted, people treat their marriages differently and have different conceptions of what marriage entails.

[50] In short, the determination of whether the parties in this case lived in a marriage-like relationship is a fact-specific inquiry that a trial judge would need to make on a “holistic” basis, having regard to all of the evidence. While the trial judge may consider the various factors listed in the authorities, those factors would not be treated as a checklist and no single factor or category of factors would be treated as being decisive.

E. Is There a Reasonable Claim of a Marriage-Like Relationship?
[51] In this case, many of the Molodowich factors are missing:

a) The parties never lived under the same roof. They never slept together. They were never in the same place at the same time during the relationship. The last time they saw each other in person was in November 2017, before the relationship began.

b) The parties never had consensual sex. They did not hug, kiss or hold hands. With the exception of the alleged sexual assault, they never touched one another physically.

c) The parties expressed care and affection for one another, but they rarely shared personal information or interest in their lives outside of their direct topic of communication. They did not write about their families, their friends, their religious beliefs or their work.

d) They expressed concern and support for one another when the other felt unwell or experienced health issues, but they did not provide any care or assistance during illness or other problems.

e) They did not assist one another with domestic chores.

f) They did not share their relationship with their peers or their community. There is no allegation, for example, that Mr. Dorje told his fellow monks or any of his followers about the relationship. There is no allegation that Ms. Han told her friends or any co-workers. Indeed, there is no allegation that anyone, with the exception of Ms. Han’s mother, knew about the relationship. Although Mr. Dorje gave Ms. Han’s mother a gift, he never met the mother and he never spoke to her.

g) They did not intend to have a child together. The child was conceived as a result of a sexual assault. While Mr. Dorje expressed interest in “meeting” the child, he never followed up. He currently has no relationship with the child. There is no allegation he has sought access or parenting arrangements.

[52] The only Molodowich factor of any real relevance in this case is economic support. Mr. Dorje provided the funds with which Ms. Han purchased a condominium. Mr. Dorje initially wrote that he wanted to buy a property with the money, but, he wrote, “It’s the same thing if you buy [it]”.

[53] Mr. Dorje also provided a significant amount of money for Ms. Han’s postpartum care and the child’s first year of life.

[54] This financial support may have been primarily for the benefit of the child. Even the condominium, Ms. Han wrote, was primarily for the benefit of the child.

[55] However, in my view, a trial judge may attach a broader significance to the financial support from Mr. Dorje than child support alone. A trial judge may find that the money Mr. Dorje provided to Ms. Han at her request was an expression of his commitment to her in circumstances in which he could not commit physically. The money and the gifts may be seen by the trial judge to have been a form of down payment by Mr. Dorje on a promise of continued emotional and financial support for Ms. Han, or, in Mr. Dorje’s own words, “Taking care of her and you are my duty for life” (emphasis added).

[56] On the other hand, I find it difficult to attach any particular significance to the fact that Mr. Dorje agreed to provide funds for Ms. Han to purchase a wedding ring. It appears to me that Ms. Han demanded that Mr. Dorje buy her a wedding ring, not that the ring had any mutual meaning to the parties as a marriage symbol. But it is relevant, in my view, that Mr. Dorje provided $20,000 USD to Ms. Han for something she wanted that was of no benefit to the child.

[57] Further, Ms. Han alleges that the parties intended to live together. At a minimum, a trial judge may find that the discussions about where Ms. Han and the child would live reflected a mutual intention of the parties to see one another and spend time together when they could.

[58] Mr. Dorje argues that an intention to live together at some point in the future is not sufficient to show that an existing relationship was marriage-like. He argues that the question of whether the relationship was marriage-like requires more than just intentions, citing Weber, supra.

[59] In my view, the documentary evidence referred to above provides some objective evidence in this case that the parties progressed beyond mere intentions. As stated, the parties appear to have expressed genuine care and affection for one another. They appear to have discussed marriage, trust, honesty, finances, mutual obligations and acquiring family property. These are not matters one would expect Mr. Dorje to discuss with a friend or a follower, or even with the mother of his child, without a marriage-like element of the relationship.

[60] A trial judge may find on the facts alleged by Ms. Han that the parties loved one another and would have lived together, but were unable to do so because of Mr. Dorje’s religious duties and nomadic lifestyle.

[61] The question I raised in the introduction to these reasons is whether a relationship that began on-line and never moved into the physical world can be marriage-like.

[62] Notably, the definition of a spouse in the Family Law Act does not require that the parties live together, only that they live with another person in a marriage-like relationship.

[63] In Connor Estate, 2017 BCSC 978, Mr. Justice Kent found that a couple that maintained two entirely separate households and never lived under the same roof formed a marriage-like relationship. (Connor Estate was decided under the intestacy provisions of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13 ("WESA"), but courts have relied on cases decided under WESA and the FLA interchangeably for their definitions of a spouse.) Mr. Justice Kent found:

[50] The evidence is overwhelming and I find as a fact that Mr. Chambers and Ms. Connor loved and cared deeply about each other, and that they had a loving and intimate relationship for over 20 years that was far more than mere friendship or even so-called "friendship with benefits". I accept Mr. Chambers' evidence that he would have liked to share a home with Ms. Connor after the separation from his wife, but was unable to do so because of Ms. Connor's hoarding illness. The evidence amply supports, and I find as a fact, that Mr. Chambers and Ms. Connor loved each other, were faithful to each other, communicated with each other almost every day when they were not together, considered themselves to be (and presented themselves to be) "husband and wife" and were accepted by all who knew them as a couple.

[64] Connor Estate may be distinguishable from this case because Mr. Chambers and Ms. Connor were physically intimate for over 20 years, and presented themselves to the world as a married couple.

[65] Other decisions in which a marriage-like relationship has been found to exist despite the parties not living together have involved circumstances in which the couple lived under the same roof at previous points in the relationship, and the issue was whether they continued to be spouses after they took up separate residences: in Thompson v. Floyd, 2001 BCCA 78, the parties had lived together for a period of at least 11 years; in Roach v. Dutra, 2010 BCCA 264, the parties had lived together for approximately three years.

[66] However, as Mr. Justice Kent noted in Connor Estate:

[48] … [W]hile much guidance might be found in this case law, the simple fact is that no two cases are identical (and indeed they usually vary widely) and it is the assessment of evidence as a whole in this particular case which matters.

[67] Mr. Justice Kent concluded:

[53] Like human beings themselves, marriage-like relationships can come in many and various shapes. In this particular case, I have no doubt that such a relationship existed …

[68] As stated, Ms. Han’s claim is novel. It may even be weak. Almost all of the traditional factors are missing. The fact that Ms. Han and Mr. Dorje never lived under the same roof, never shared a bed and never even spent time together in person will militate against a finding they lived with one another in a marriage-like relationship. However, the traditional factors are not a mandatory check-list that confines the “elastic” concept of a marriage-like relationship. And if the COVID pandemic has taught us nothing else, it is that real relationships can form, blossom and end in virtual worlds.

[69] In my view, the merits of Ms. Han’s claim should be decided on the evidence. Subject to an overriding prejudice to Mr. Dorje, she should have leave to amend the notice of family claim. However, she should also provide meaningful particulars of the alleged marriage-like relationship.

F. Delay / Prejudice
[70] Ms. Han filed her notice of family claim on July 17, 2019. She brought this application to amend approximately one year and nine months after she filed the pleading, just over two months before the original trial date.

[71] Ms. Han’s delay was made all that more remarkable by her change in position from January 19, 2021, when she confirmed, through counsel, that she was not seeking spousal support in this case.

[72] Ms. Han gave notice of her intention to proceed with this application to Mr. Dorje on March 16, 2021. By the time the application was heard, the parties had conducted examinations for discovery without covering the issues that would arise from a claim of spousal support.

[73] Also, in April, Ms. Han produced additional documents, primarily text messages, that may be relevant to her claim of spousal support, but were undecipherable to counsel for Mr. Dorje, who does not read Mandarin.

[74] This application proceeded largely on documents selected and translated by counsel for Ms. Han. I was informed that Mandarin translations of the full materials would take 150 days.

[75] Understandably in the circumstances, Mr. Dorje argued that an amendment two months before trial would be neither just nor convenient. He argued that he would be prejudiced by an adjournment so as to allow Ms. Han to advance a late claim of spousal support.

[76] The circumstances changed on May 6, 2021, when Madam Justice Walkem adjourned the trial to July 2022 and reset it for 25 days. Madam Justice Walkem noted that most of the witnesses live internationally and require translators. She also noted that paternity may be in issue, and Mr. Dorje may amend his pleadings to raise that issue. It seems clear that, altogether apart from the potential spousal support claim, the parties were not ready to proceed to trial on June 7, 2021.

[77] In my view, any remaining prejudice to Mr. Dorje is outweighed by the importance of having all of the issues between the parties decided on their merits.

[78] Ms. Han’s delay and changes of position on spousal support may be a matter to de addressed in a future order of costs; but they are not grounds on which to deny her leave to amend the notice of family claim.

CONCLUSION
[79] Ms. Han is granted leave to amend her notice of family claim in the form attached as Appendix A to the notice of application to include a claim for spousal support.

[80] Within 21 days, or such other deadline as the parties may agree, Ms. Han must provide particulars of the marriage-like relationship alleged in the amended notice of family claim.

[81] Ms. Han is entitled to costs of this application in the cause of the spousal support claim.

“Master Elwood”

Michael加油！

(Please scroll down for English version)
【背水一戰，無險可守 —— 彭卓棋積極考慮出選香港島直選】

十年前的今天，是一場單一議題的「實現真普選，廢除功能組別」的「五‧一六公投」。 十年過去了，普選依舊仍未於這土地出現。

十年後的今天，不但沒有真普選，傀儡香港政府背後真正掌權者——中國共產黨，於這十年間，用盡政治、經濟、文化根本上「去香港化」、「中國式殖民化」。 去年開展起的「反送中」運動，更赤裸裸地告訴我們，政權經已不再搽脂抹粉打壓人民，而是比「陽謀」更陽地明目張膽全民接管香港，推行惡法。 面對香港如此危急存亡之時，香港人對反惡法、反極權這最後底線，透過血汗、個人前途甚至一眾手足的生命去抵抗，重光香港的時代革命，再非口號。 但我們必須刻骨銘記，現在以空間換取的政治緩衝時間，是香港人以灑熱血，拋頭顱換取的。 而前路，我們仍有《國歌法》、「二十三條」的危機。

「知易行難 知難行更難 」
去年，我本著「重奪議會」的理念，參與2019年的區議會選舉。 我懷着不能讓建制保皇派及其親共黨羽自動當選的決心，以及給予居民多一個選擇的信念，最終有幸當選成為南區區議員，服務赤石。 競選之初，我深信前路非常艱鉅，當選後，更深明香港政局是苦征惡戰。 因為，香港政局，再不是能透過協商去解決問題。 若果《中英聯合聲明》作為一個歷史文件，不再具有任何現實意義；若果港澳辦和中聯辦（兩辦）高調亂釋《基本法》是正確；若果721即時拘捕白衣人是不切實際；若果黑警不用為著其暴行而負上種種責任；若果五大訴求仍得不到回應…… 抱歉，我們必需去掉幻想，全面抗爭。 我們已沒有時間、成本再作妥協。

「枉尺直尋 都不妥協 去掉幻想 全面抗爭」
馬丁路德金所言：「改變不會自動到來，而是需要經過不斷的抗爭。」 要香港改變，必須付出代價。 要付出代價，必須全面搶攻抗爭平台。 「街頭抗爭」、「議會抗爭」、「國際支援」，缺一不可。

九月的立法會選舉是香港自由的終極之戰，退無可退，無險可守，「35+」是這場選舉的主軸，以「議會抗爭攬炒」達至迫使政府回應「五大訴求」。 這是沒有妥協的空間。 合適的立法會代議士只有一個條件：就是無論是否取得「35+」，都會堅實不移地執行「議會抗爭」的路線：不惜以一切手段迫使政府回應「五大訴求」，不論立法會的大會或所有委員會，都要有極其堅定的「抗爭意志」來制衡這個不公義的議會，抗衡這個沒有民意授權的政府。

我，彭卓棋亦會積極考慮參與九月立法會港島區地區直選，會以一切可行的方法來進行「議會抗爭」，肢體抗爭的手段更是在所難免。 阻撓惡法，即使有機會被DQ、被控告，又何足道哉？ 只有這份決心，這份意志，才能對得起每一位在運動中犧牲的香港人，才能真正踏出改變的第一步。

最後，十年前的五區公投到今天，「普選」仍未出現。 但我心存感激，自小得到前輩們的啟蒙，投身社運。 但亦因為這份啟蒙，令我看到每個人都無法不肩負時代的責任，只是跑道的不同，無分你我。 這份巨大的責任，就是要以一整代人來肩負。 同樣「光復香港，時代革命」也不要幻想是一次區議會選舉，或立法會選舉就能達成，一切都只是開始，這場未來至少十年的硬仗，讓我們吹起「煲底之約」的號角，闊步昂首對抗極權！ 光復香港！

2020年5月16日 彭卓棋

Ten years ago, I participated in the 5 constituencies referendum protest calling for an abolition of the functional constituencies as well as genuine universal suffrage. Today, not only does true democracy not exist, but Hong Kong is strangled even tighter by the suffocating hands of totalitarian China.

In fact, over the last ten years we have seen increasing Mainlandisation, be it in our education system, property development, economy, culture and arts scene - not to mention, greater control over our political participation.

The 2019 Anti-Extradition Bill protests - specifically, the brutal and unaccountable crackdown that came in response to it - was the most blatant display of tyranny that we have experienced yet. And indeed, it is the recent National Security Law unilaterally passed by the Chinese Communist Party that has decisively declared that “One Country, Two Systems” is dead.

Countless students, activists, religious leaders, professionals and other Hong Kong-loving citizens have sacrificed themselves - their personal safety, security and entire futures - to safeguard what once was an open and free society. It is important that we remind ourselves of their sacrifice every day; to recognise that for these people, “fight[ing] for freedom” and “stand[ing] with Hong Kong” is not simply a catchy slogan, but a real and wholehearted battle.

Last year, I ran for District Council election with the simple intention of offering my constituency with a democratic alternative in the face of a potential pro-establishment automatic reelection. One of the cornerstones of democracy is pluralism and choice - and I am still humbled that a democratic majority of Stanley and Shek O residents chose me as their representative.

Nevertheless, as I ran for, and eventually, as I took up office, I saw the fight for a more open and accountable political future would be a hugely difficult - indeed, nigh on impossible - one. The establishment has trampled over all promises that once guaranteed the autonomy of our city. The Sino-British joint declaration holds little - if any - weight; our Basic Law is arbitrarily reinterpreted to fit the governing ideology of an Orwellian state; the facts of police brutality are entirely denied; while protests are routinely deemed illegal and even labelled as acts of “terrorism”.

To quote Martin Luther King Jr, “change does not roll in on the wheels of inevitability, but comes through continuous struggle.” And struggle is what we must do if we do not want Hong Kong to fall to the hands of tyranny - be it on the streets, on social media, or within our institutions. We each have our calling and we each have our station to make the best use of our abilities. And I believe my place resides within political office.

Therefore, I, Michael Pang, hereby declare that I strongly consider the possibility of running for Legislative Council for Hong Kong Island in the upcoming election in September. Despite whatever threats or obstacles that might come our way, I am more determined than ever to stand by my fellow comrades and take my place in this fight for freedom.

Let us not despair, but let us forge solidarity in adversity - against tyranny and against evil, and liberate Hong Kong.

Michael Pang
16 May 2020

✮ 領養代替購買 ✮
✮ Adopt a pet, save a life. ✮
✩ 新手請單獨飼養一隻 ✩
✩ To have one hamster only if you're a novice.✩

▷ 倉鼠基本飼養知識 (新手必看) ◁
https://goo.gl/Lce2LS

合養詳細 (搬自:https://youtu.be/oKU3ZtgBB7A)

網絡上有太多人一直勸我不要合養
首先感謝你們的勸告
我也怕有人看過我影片 隨便的就搞個合養
所以藉此再詳細的說一次:

:3 合養事項 (建議新手勿試)：
To see if they're suitable to live together：
合養6大條件: [[[ 品種 + 性別 + 性格 + 空間 +食物 + 環境 ]]]
6 conditions:

I.品種: 侏儒倉鼠 (一線/三線/老公公/老婆婆鼠 等)
不同品種不建議合養 最好就是從小就一起長大的
Phodopus is the only possible species.

II.性別: 同性 (異性的最大問題是會一直生...一胎又一胎...)
Same gender.

III.性格: 這要看他們的互動
一般來說放了大半天 兩隻還經常保持距離的話就不能合養
If their nature can fit.

IV.空間: 建議用整理箱(貯物箱), 不建議用籠子
每1隻要大約1平方公呎(30公分*30公分)的面積
我家這個整理箱(影片中)是 35公分*55公分
Cage size: at least 30cm*30cm for each.

V.食物: 經常保持充足...鼠鼠也會偏食
所以更準確的說是:保持"牠們想吃的食物"充足
才不會為了食物而起爭議
Give abundant food for them so they won't fight for (desired) foods.

VI.環境: 主人不能偷懶, 夏天/潮濕天每隔1~2天要把箱子+所有用品洗乾淨, 冬天則最多3天.
Always keep their living place clean.

另外要預備至少一個籠子作分隔用
Also, prepare a spare cage for separation if some of it/them get hurt/illness/dominating others etc.

//

1. 如果鼠鼠只是用手打來打去而沒有叫:
可以在觀察中讓牠們進行 不用分開 一般都是在玩而已
我家這鼠鼠常常用手打來打去的
If they are "fighting" without screaming.
Don't need to separate but further observation is needed.

2. 鼠鼠一直叫不停 甚至用咬的攻擊對方:
把比較強的拿到籠子裡 幾個小時再放回去看看
如果不久後再發生 檢查一下鼠鼠會不會是生病或什麼的(眼睛腫了? 之類) 沒有異常的話就不建議合養了.
Separate them if the fight with screaming.

合養好處: 1.免疫力提高
2.互相整理毛髮
3.在寒天,鼠鼠互相依靠取暖(不能合養的 同樣不能在冬天這樣做)
4. 保持良好情緒
Pros to live together：
1. Immunity increased
2. Hygiene increased
3. Stay together to keep their body warm.
4. Better

合養壞處: 1.比較偏向把食物藏著 會有更大的機會出現頰囊發炎
2. 生病會互相感染 (如有任何病徵請隔離)
3. 會因同伴離去而傷心(不適應) 影響健康

Cons:
1. May tend to store food by mouth, have a higher risk to get oral problem.
2. if one of them have any illness, all of them should be separate until it is recovered.
3. they we feel bad if anyone was gone.

但請不能隨便合養!
最後想說 養什麼寵物也好 也要有照顧牠們的責任心
寵物不是禮物, 不要當作禮物的送給別人!!
Pets are not toys.

by Carl Ho

這是我的倉鼠 :D
喜歡看更多關於牠的影片 可以到我的倉鼠頻道觀看喔!
They are my Hamster~
Come to my hamster channel if you like them!

▷ 我的倉鼠頻道 My Hamster Channel 私のハムスターチャンネル ◁
https://goo.gl/8sNzHy

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BGM1: "If I Had a Chicken" by Kevin MacLeod
BGM2: 「Twin Musicom」創作的「Old Bossa」是根據「Creative Commons Attribution」(https://creativecommons.org/licenses/by/4.0/) 授權使用
演出者：http://www.twinmusicom.org/
BGM3: "Dog and Pony Show" by Silent Partner

~~~~~~~~~~~~~~~~~~~~~~~~~~

(ﾟ∀ﾟ) ノシ
更多關於我的More about me

▷ DIY教學 DIYs Guide ◁ https://goo.gl/u4ENC7
▷ 趣味系列 Funny Video ◁ https://goo.gl/SrmBPm
▷ 挑戰系列 Challenges◁ https://goo.gl/IGt6Kg
▷ 實驗系列 Experiments ◁ https://goo.gl/MzwL7f
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▷ Unboxing Pokemon 開箱系列 ◁ https://goo.gl/CE6MpC