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Agatha Ngai

SCMP, December 4, 2002

By Magdalen Chow and Sara Bradford

The decision not to appeal against Nicholas Tse's sentence was greeted with a mixture of approval, surprise and disgust last night.

Prominent criminal barrister Kevin Egan applauded the move. He said the department would be seen as having not over-reacted and to have been fair and impartial.

'They have put it in the cauldron and boiled it up and what has come out of it is the fact that this is not a case of extreme divergence of principle that requires them to take the matter further,' he said.

'Now that the appellant and review process has taken the course that they have, and bearing in mind the position of Nick Tse having been through the hoops twice and now looking at going through the hoops a third time, the DPP has taken a very measured view.'

However, the chairman of the Law Society's Criminal Law and Procedure Committee, solicitor Andrew Lam Ping-cheung, said although he respected yesterday's announcement, he was 'taken by surprise'.

'The previous official response was that the sentence was wrong in principle and manifestly excessive. Why was there such a departure from the original statement?' he said.

University of Hong Kong assistant law professor Eric Cheung Tat-ming called the decision 'responsible' in light of the circumstances of the case.

Frontier legislator Cyd Ho Sau-lan said attention would now focus on Tse's attempts to see that his conviction is overturned.

'The public should be more concerned with Tse's appeal, not the Department of Justice giving up its appeal right,' Ms Ho said.

Legislator Cheung Man-kwong said he respected the decision. But he added: 'The disparity in the sentence between Tse and the policeman poses a big question as to the fairness of our legal system. It is inevitable that the public would query whether the two sentences represent a double standard.'

Vice-chairman of Education Convergence Ho Hon-kuen expressed his outrage at the department's decision, labelling it 'inconsistent'.

'The department has argued that the sentence was wrong in principle; how can it now justify that a serious offence such as perverting the course of justice could be dealt with in such a lenient way?' he said.

Mr Ho also expressed concern that the decision would undermine the public's confidence in the rule of law and the fairness of the legal system.

'It is a totally wrong and unacceptable decision. The government has simply offered a b******t explanation.' He also highlighted Tse's plea not to be jailed because of his asthma. 'I bet there are many inmates in the detention centre who are suffering from asthma,' Mr Ho said.

- Go to the main news section of SCMP for more stories.

Glossary

applaud (v) to express approval, either verbally or by clapping

cauldron (n) A cauldron was originally a large, round metal pot for cooking over a fire. Here it implies a dangerous situation that is unstable and difficult to deal with

Example: Professor Wang Gungwu, the University of Hong Kong's former vice-chancellor, sees the challenges facing our universities in the context of centuries of development of higher education in the West and Asia, as well as the cauldron of colonial and post-colonial politics. (Education Post, November 2, 2002)

to be through the hoops (idiom) to undergo a difficult trial or examination

overturn (v) to reverse

disparity (n) the difference between two things

Discussion points

- Do you know the reasons behind the Department of Justice's decision not to appeal Tse's sentence? (Hint: Read another story on Page 5, the main news section of December 4, with the headline: Nicholas Tse escapes threat of jail sentence).

- What is your opinion on the decision?

- Has the case helped you understand Hong Kong's legal system? What is a magistrate's court? What are the functions of an appeal court? What is the meaning of justice and punishment? Support your answers with evidence.

- Do you think Nicholas Tse has gained popularity? Do you think the court has won the confidence of the public? How about the Department of Justice?



Mixed reactions to decision on Tse