Friday 30 May 2014

The Jury Is Out ... Really Out

There were farcical scenes on the first day of Hong Kong's high-profile corruption trial involving a former government official Rafael Hui Si-yan. Following the current Hong Kong mentality, jury members cried off and complained ... which made High Court Justice Andrew Macrae discharge the entire jury and delay the start of the trial by another week.

Justice Andrew Macrae. Pic Oliver Tsang

First, a male juror told the judge that he was still in pain from his recent hernia operation and that he also would need to go back to work (to tend to his own business) at the end of each day in court. [CRY OFF]

So the judge dismissed him from the jury.

Second, immediately after that a female juror told the judge that she had changed his travel plans to South Korea but because of this her travel agent had charged her extra for rearranging her schedule. [COMPLAINT]

So the judge dismissed her and the entire jury, and sarcastically told the woman: "You can now go to Korea."

All this took 90 minutes, which definitely cost far more than the cost of a little trip to South Korea. Have these jurors no shame?


Reference

One-week delay for Hui, Kwoks corruption trial as judge discharges entire jury (SCMP; paywall)
PUBLISHED : Wednesday, 28 May, 2014, 1:44pm

Stuart Lau stuart.lau@scmp.com

The most high-profile corruption trial Hong Kong has ever seen was today put on hold for one week after the nine-member jury was discharged.

The adjournment came as two members of the jury, chosen on Monday, told the judge of reasons hindering them from sitting on the panel of nine people.

It marks a delay in the case against former chief secretary Rafael Hui Si-yan, who allegedly received HK$34 million in cash and other inducements from the heads of Sun Hung Kai Properties (SHKP) – tycoon brothers Thomas and Raymond Kwok – and others.
 
What the law says:

The law relating to the discharging of jurors is found in the Jury Ordinance.  Section 25 provides that a court may at any time discharge a juror if it considers this to be in the interests of justice or the interests of the juror.

Section 24 permits a nine member jury to be reduced to eight, seven, six, or five members in this way.  If the jury has the full nine members, at least seven of them must agree on the verdict. 

No less than six jurors must agree on the verdict if the jury is reduced to eight members.  Should the jury have less than eight members, at least five of them must agree on a verdict.

The smallest jury possible under the Ordinance is one of five members.  In such a case, they must all agree on the verdict.


The issues with the jury began when a male juror said he was still in pain from double hernia surgery in March and that he needed to return to his one-man business operation.

The jury was sent out of the courtroom for a discussion, then came back after some minutes.

High Court Justice Mr Andrew Macrae told the male juror: “I am reluctantly persuaded that I will have to exempt you.”

But then a businesswoman also raised a complaint, saying she planned to go to South Korea, but had to reschedule her flight at a cost.

The jury was sent out again, and upon returning, the judge informed the remaining eight that their services would no longer be needed.

“Thank you for your patience. All of you will have to be discharged,” they were told.

Addressing the businesswoman directly, he added: “This means you can go to Korea," which prompted laughter in the courtroom.

The judge also suggested that David Perry QC, for the prosecution, would now have time to take a trip before the trial resumes next Wednesday – a joking reference to Monday’s drama in which a number of prospective jurors refused to serve, citing summer travel arrangements to South Korea.

The move was in response to concerns raised by some of the defendants’ legal counsel, one of whom said a verdict reached by a partial jury would not be convincing to the public, given the great public and political resonance of the case.

Another legal representative expressed worry over the expected duration of the trial. Macrae had told the jury on Monday it could last until October, based on the original schedule.

The Jury Ordinance requires five members, at the very least, in a jury.

In this court sketch, the judge deliberates just moments before he decided to adjourn the trial until next week. Illustration: Adolfo Arranz

Hui, 66, faces eight charges related to bribery and misconduct in public office. Thomas Kwok Ping-kwong, 62, co-chairman of SHKP, faces one charge of conspiracy to offer an advantage to Hui and two counts of conspiracy to commit misconduct in public office.

Raymond Kwok Ping-luen, 61, also co-chairman, faces four charges, including one count of furnishing false information with Hui. Thomas Chan Kui-yuen, executive director of SHKP, and former Hong Kong stock exchange official Francis Kwan Hung-sang each face two charges.

All plead not guilty.


TIMELINE: Jury discharged at Hong Kong's most high profile corruption trial (SCMP; paywall)
PUBLISHED : Wednesday, 28 May, 2014, 9:42am

Stuart Lau, Patsy Moy, Enoch Yiu, Danny Lee

The prosecution in the most high profile graft trial in Hong Kong's history was today put on hold after issues with the jury forced its dismissal. The city's former number two official and the co-chairmen of one of the world's major real estate firms are in the dock. Former chief secretary Rafael Hui Si-yan is accused of receiving HK$34 million in bribes and other financial inducements from billionaire brothers Thomas Kwok Ping-kwong and Raymond Kwok Ping-luen, the chairmen of Sun Hung Kai Properties (SHKP).

11.30am: The case has been adjourned.

11.20am: "Thank you for your patience. Your services will no longer be required," the judge tells the eight jury members. Addressing the woman with the flight booked, he adds: "You can now go to Korea."

11.15am: The panel of eight jurors are summoned back to the courtroom and they are all discharged, throwing the process into disarray. All are told to leave the court.

10.55am: Scenes in court are becoming farcical as another juror raises objections. She tells the judge she had changed the date of a flight to South Korea to serve on the jury, but now the travel agent wants to charge her for switching the flight. The eight remaining jurors are again sent out.

10.48am: After some discussions about the juror's medical condition and his working hours - the juror in question had earlier also mentioned he had to get to work after the trial had wrapped up for the day - the judge has dismissed him. It is unclear whether the case can now continue.

10.38am: Discussions over. The jury, consisting of four women and five men, is summoned back to the courtroom. The nine were chosen from a 150-strong pool of potential candidates, in a selection process on Monday that took around two hours.

10.18am: There's a delay to the opening as a juror tells the judge he is still in pain following a double-hernia operation in March. The entire jury is sent out of the courtroom while the matter is discussed. The discussions cannot be reported for legal reasons.

Prosecutor David Perry QC arrives in court. Photo: SCMP 10.11am: The defendants, all dressed in suits and ties, sit in the glass-encased dock in two rows. In the front is Thomas Kwok, flanked by brother Raymond and Rafael Hui, while the co-defendants are seated behind.

10.04am: Mr Justice Andrew Macrae arrives at 10am on the dot. The nine-member jury files in a short time later, with the juror who fell sick yesterday, detaining the opening of the prosecution for half a day, back to good health. It will be a long slog for everyone involved, as the case is penned in to run possibly until October.

9.47am: Prosecutor David Perry QC enters the courtroom. The prosecution is expected to open its case against the five defendants - brothers Raymond Kwok Ping-luen and Thomas Kwok Ping-kwong; Thomas Chan Kui-yuen, former chief secretary Rafael Hui Si-yan, and executive director of SHKP and former Hong Kong Stock Exchange official Francis Kwan Hung-sang - at 10am.

Reporters and cameramen crowd around the doors of Hong Kong's High Court, ahead of proceedings. Photo: SCMP9.40am: With tempers finally calmed scores of reporters and members of the public file up to the fifth floor of the courthouse, as lawyers carrying bundles of documents enter the courtroom. Raymond Kwok stops in front of photographers to allow them to take pictures before entering the building.

9.30am: Good morning and welcome to the SCMP's live coverage of Hong Kong's biggest ever graft trial. Colourful scenes at the courthouse ahead of the opening of the prosecution, with journalists clamouring for spots in the High Court. Media outlets had started to queue for seats as early as 7pm Tuesday night. This morning tempers flared among journalists as one was caught trying to remove pre-registered names from the media seating plan.






Thursday 29 May 2014

1387 HKSAR Name of the Day

Sarene Chan, illustrator, SCMP, Hong Kong

Bananageddon by Sarene Chan


About Novel HKSAR Names
Name Category: Creation

Tuesday 27 May 2014

Top Excuses To Get Out Of Jury Service

Hong Kong's biggest corruption case begins today, following the selection of the 9-panel jury. The case will focus on former chief secretary Rafael Hui Si-yan who is alleged to have received HK$34 million in cash and other inducements from the heads of Sun Hung Kai Properties (SHKP) and others.

During the jury selection process, there were 150 candidates with many citing various excuses as to why they thought they were unsuitable inconvenienced to perform their public duty, such as ...

1) Planned holidays, with one woman going to South Korea to meet "a handsome man" who acted in the well-known science fiction series My Love from the Star. Mr Justice Macrae joked: "It looks like the court will have to move to Korea."

2) Having to plan a funeral.

3) Caring for a newborn.

4) Going on honeymoon.

5) Attending the World Cup in Brazil.


Reference

Corruption trial of Rafael Hui and the Kwok brothers opens after jury selected (SCMP; paywall)

Corruption trial of former chief secretary and the Kwok brothers will begin today, with the judge saying it could last about four months
PUBLISHED : Monday, 26 May, 2014, 12:06pm
UPDATED : Tuesday, 27 May, 2014, 8:46am

Stuart Lau and Patsy Moy stuart.lau@scmp.com


(From left) Former chief secretary Rafael Hui Si-yan, billionaire brothers Raymond Kwok Ping-luen, Thomas Kwok Ping-kwong, co-defendants Thomas Chan Kui-yuen, executive director of SHKP and former Hong Kong Stock Exchange official Francis Kwan Hung-sang, arrive at the court at the start of their trial. Photos: Reuters, AFP, SCMP

The city's most high-profile corruption case gets under way this afternoon and is likely to last for about four months after a jury was selected yesterday.

Mr Justice Andrew Macrae told the jury the High Court trial - which involves what he called "relatively straightforward" issues - might run until October.

That is two months over the original 70-day schedule.

Nine jurors - four women and five men - will hear claims that former chief secretary Rafael Hui Si-yan received HK$34 million in cash and other inducements from the heads of Sun Hung Kai Properties (SHKP) and others.

During the two-hour jury selection process, some among the 150-strong pool gave various reasons for why they were unsuitable to perform their public duty.

Several said they had planned trips to South Korea, with one woman going there to meet "a handsome man" who acted in the science fiction series My Love from the Star. Mr Justice Macrae joked: "It looks like the court will have to move to Korea."

And after one said he planned to go to Thailand, the judge replied: "There's a coup there."

Other excuses included having to plan a funeral, caring for a newborn, going on honeymoon and attending the soccer World Cup in Brazil.
The judge warned them they had to declare if they or close relatives had personal links to the defendants or people and firms related to the hearing.

But those who had bought flats from SHKP would be eligible as long as they did not have legal disputes with the developer.

Mr Justice Macrae told the pool that the court would excuse them only when there were "compelling reasons" to do so.

"Inconvenience is not a sufficient reason to be excused," he said. "Without people's cooperation, the jury system, which we are lucky and are proud to have, cannot work properly and smoothly."

He also warned the jurors not to conduct their own research, read related news or discuss the case with others on Facebook. He asked them to keep a "fresh, open mind" and to rely only on evidence they heard in the court.

He said: "It is not necessary that the jury is completely ignorant as to the identity of the persons they are about to try. Otherwise, the famous could never be tried."

He said the issues in the case were "relatively straightforward", though it did not mean evidence would not be complex.

Hui, 66, faces eight charges related to bribery and misconduct in public office.

Thomas Kwok Ping-kwong, 62, co-chairman of SHKP, faces one charge of conspiracy to offer an advantage to Hui and two counts of conspiracy to commit misconduct in public office.

Raymond Kwok Ping-luen, 61, also co-chairman, faces four charges, including one count of furnishing false information with Hui.

Thomas Chan Kui-yuen, executive director of SHKP, and former Hong Kong stock exchange official Francis Kwan Hung-sang each face two charges. All plead not guilty.








1386 HKSAR Name of the Day

Fish Yu (ms), spokesperson, Green Sense, Hong Kong

About Novel HKSAR Names
Name Category: Creation; Nature based; Phonetic based?

Sunday 25 May 2014

1385 HKSAR Name of the Day

Conita Kwok, manager of official distributor HK Ticketing, Hong Kong

About Novel HKSAR Names
Name Category: Creation

Friday 23 May 2014

1384 HKSAR Name of the Day

Wyss Yim, honorary professor, department of earth sciences, University of Hong Kong
  see other Wyss profiles in Hong Kong

About Novel HKSAR Names
Name Category: Creation

Wednesday 21 May 2014

1383 HKSAR Name of the Day

Nova Hu, 25-year-old attendee, 2012 Hong Kong International Film Festival (HKIFF)

About Novel HKSAR Names
Name Category: Creation for males; Rare for females

Monday 19 May 2014

Saturday 17 May 2014

1381 HKSAR Name of the Day

Jeny Yeung Mei-chun, Commercial Director, MTR Corporation Ltd, Hong Kong
  see story (Standard)

About Novel HKSAR Names
Name Category: Creation; Deletion

Friday 16 May 2014

Dogowners and Doppelgangers

Owners who look like their pets. Why is this? The short answer is Familiarity (according to psychologists).

Tim Leung with bulldog, Oxford at Stanley Plaza. Photo: Antony Dickson

The "dog whisperer" (story below) talks a lot of sense. Pet owners should understand that looking after pets is similar to looking after two-year old kids.

Other look-alike or doppelganger or perceptions posts:

The Pot Calling the Kettle Ugly

The Pot Calling the Kettle Cute

Stand Out Face

Avatar Doppelganger Caricature


HK Doppelganger 2

HK Doppelganger 1


Disclaimer: As mentioned in About HK Doppelgangers, no offence is intended, and any resemblances are entirely due to one’s own perceptions shaped by experience and exposure to life’s wonderful social diversity.


Reference

Dog whisperer shows Hong Kong pet lovers why he's leader of the pack (SCMP)

TV's Cesar Millan tells Hongkongers that owners often need more training than their pets
PUBLISHED : Sunday, 11 May, 2014, 4:58am
Christy Choi christy.choi@scmp.com

Cesar Millan

As a celebrated "dog whisperer", Cesar Millan knows a thing or two about animal behaviour. But often it's the owner he needs to teach.

According to him, Hongkongers who say dogs are too much of a handful for their hectic lifestyles are only making excuses.

"[Saying] 'I'm busy or it's hectic' - it's just an excuse to not be there for someone," Millan told hundreds of dog-lovers at Stanley Plaza yesterday.

The 44-year-old dog trainer to the stars is in town to promote and film two episodes of his reality TV show. He will also perform at the AsiaWorld-Expo tonight.

Between 2010 and 2012, almost 20,000 abandoned and wild dogs were put down in Hong Kong, with many others left in kennels and shelters. But Millan denied that the city's pace and lack of space made it unsuitable for dogs.

Isabelle Ho with Molly. Photo: Antony Dickson"Someone who abandons their dog is likely to abandon their families as well. The difference is, the family can drive away, but the dog can't. It's left there." Owner responsibility is a strong theme in his reality TV shows Dog Whisperer and Cesar to the Rescue.

But owners need to be more than just responsible. Balanced dogs, Millan says, require strong 'pack leadership' from owners, in the form of exercise, discipline and affection. Most people give too much affection, and not enough exercise and discipline.

"My clients went to Harvard, but they don't know how to walk a Chihuahua. They're smart, but they don't understand nature."

He pointed to a teenage girl who was clutching her terrier protectively as it was introduced to a bulldog several times its size.

"See what she did there?" he asked, as the terrier yapped. The terrier would not naturally be afraid of the larger dog, but it had become aggressive after picking up on its owner's fear, he said. "The dog acts that way because they want to protect the human, because the human is scared."

He picked up another dog which had become alarmed by the crowd. "The best thing to do is give him a massage. Don't let him hold the experience. Change the experience."

Millan's demeanour calmed the dog instantly.

One fan, Jack Hoi, 58, a retired civil servant, admitted to having "some problems at home" with his mini-pinscher, Mickey.

Hoi said he watched Millan's YouTube show every night. "I love his philosophy on how to teach the owner," he said.
 




Thursday 15 May 2014

1380 HKSAR Name of the Day

Astor Leung Wai- hing (Ms), managing director, CM Square (a men-only slimming centre), Hong Kong
  see story (Standard)

About Novel HKSAR Names
Name Category: Creation

Tuesday 13 May 2014

1379 HKSAR Name of the Day

Dodo Kwok Tsui-yuk, 40, a core member of Bon du Fond, a new women's team that is competing in the 2011 Hong Kong International Dragon Boat Races on Victoria Harbour
  (cf Dodo Cheng, Hong Kong celebrity)

About Novel HKSAR Names
Name Category: Creation

Monday 12 May 2014

Kimiko Date-Krumm Still Walloping Balls at 43

Kimiko is still going strong and getting headlines. How long can she go on?


Japan's Kimiko Date Krumm is not ready to hang up her racquet yet. Photo: EPA


Related Posts

Wimbledon Wow Factor

Healthy And Fit From My Perspective


Reference

Kimiko Date-Krumm still going strong at 43

Japanese player jokes that cryogenic freezing would help her further her career as she is not ready to retire yet
PUBLISHED : Friday, 02 May, 2014, 11:49pm

Agence France-Presse in Tokyo

Japan's Kimiko Date-Krumm has no plans to quit tennis at the ripe old age of 43, but said she would have to be cryogenically frozen to carry on for too much longer.

The former world number four joked that going into a deep freeze like spoof spy Austin Powers and being defrosted in time for the 2020 Tokyo Olympics would appeal to her as she battles minor injuries in the run-up to the French Open.

"If I'd just have to sleep and then when I wake up it's like it's yesterday, that might work," Date-Krumm said ahead of a workout at a Tokyo gym.
Of course, my recovery time after matches is slower and I feel the fatigue more the next day
Kimiko Date-Krumm

"I'm not getting any younger."

"I did this in Mexico, this in Malaysia and this in Korea," she adds, pointing to various minor niggles in both legs. "It gets harder with age."

But the evergreen Date-Krumm, who reached her career-high ranking in 1995 at No 4, ruled out retirement, for now, even if she confessed to doubts sometimes creeping in as to how long she can continue.

"Next year? That's still a long way away," said the world number 84, bursting into a laugh.

"I have thought at times that enough is enough and wrestled with the idea [of quitting], but I've managed to overcome those feelings so far.

"I don't have any problem with people mentioning my age. Of course, my recovery time after matches is slower and I feel the fatigue more the next day."

Dressed in a designer blouse, blue jeans and heels, Date-Krumm is brutally honest about the future.

"When I came back at 37 I was way stronger than I am now," said the Kyoto native, who walked away from tennis in 1996, the year she suffered a controversial defeat by Steffi Graf in the Wimbledon semi-finals.

"But I'm not thinking about stopping yet."

In 2009, she became the second-oldest player in the modern era to win a WTA singles title after Billie Jean King when she claimed the Korea Open, and last year reached the third round at Wimbledon, the oldest woman to do so.


Sunday 11 May 2014

1378 HKSAR Name of the Day

Canny Leung Chi-shan, wife of tycoon and South China Athletic Association convenor Steven Lo Kit-sing, Hong Kong

About Novel HKSAR Names
Name Category: Creation; Self-important

Friday 9 May 2014

1377 HKSAR Name of the Day

Quince Chong, director of corporate affairs, Cathay Pacific, Hong Kong

About Novel HKSAR Names
Name Category: Creation; nature-based?

Wednesday 7 May 2014

1376 HKSAR Name of the Day

Ferrick Chu, head of policy and research, Equal Opportunities Commission, Hong Kong

About Novel HKSAR Names
Name Category: Creation; Substitution

Monday 5 May 2014

1375 HKSAR Name of the Day

Venise Chan Wing-yau, tennis player, Hong Kong
  Is she Hong Kong's Venus Williams?

Venise Chan smiling
About Novel HKSAR Names
Name Category: Creation; Substitution

Saturday 3 May 2014

1374 HKSAR Name of the Day

Ceci Lam Wing-sze, Tsuen Wan, Hong Kong (SCMP letters 26 April 2012)

  see also 0606 HKSAR Name of the Day

About Novel HKSAR Names
Name Category: Creation; Phonetic-based 

Thursday 1 May 2014

1373 HKSAR Name of the Day

Carter Ma Guowei (Mr), shoe designer, 27, from Guangzhou who has collected 500 rolls of rare film from all over the world in the past two years, including the first China-made film and a 126-year-old roll of Kodak film. There will be a film photography exhibition that will run until 20 May 2012 in Studio Kim Tak, Jordan, Hong Kong.

About Novel HKSAR Names
Name Category: Creation; mainland Chinese