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Opinion | LegCo Member Ted Hui Chi-fung may be liable for malicious prosecution

HK Current

2020.08.24 16:41

By Athena Kung

In June 2020, Magistrate Lam Tsz Kan sitting in Eastern Court allowed LegCo Member Ted Hui Chi-fung (hereinafter referred to as "Hui") to press ahead with 2 firearm-related counts, including "discharging ammunition with reckless disregard for other's safety" and "dealing with arms in a way likely to injure or endanger other's safety". Maximum sentence for both of the above firearm-related offences is 7 years imprisonment. In addition, another count of shooting with intent which is an offence punishable by life imprisonment was added to the case.

Hui's such legal action was initiated by private prosecution, which was against the police officer who opened fire during a riot in Sai Wan Ho on 11th of November 2019. At common law, like prosecuting authorities, all citizens have the same right to institute proceedings. As time goes by, subject to certain restrictions, private prosecution continues to enjoy a respectable position in modern schemes of criminal justice. In any event, the right of private prosecution is not absolute. A private prosecutor has 2 hurdles to surmount. Firstly, he must persuade a magistrate to issue a summons. Thereafter, so long as he wishes to retain control of the case, he may have to persuade the Department of Justice not to take it over.

When deciding whether to issue a summons, the magistrate who has a discretion should consider at least the following factors:
(1) whether the allegation is of the offence known to law, and if so, whether the essential ingredients of the offence are prima facie present;
(2) that the time limits have been complied with;
(3) that the court has jurisdiction;
(4) whether the informant has the necessary authority to prosecute;
(5) whether the allegation is vexatious.

Once the summons has been issued, like the case initiated by Hui, it is open to the Secretary of Justice to intervene, which may be with a view to continuing or terminating such private prosecution. To prevent the abuse of private prosecution, it is thus necessary to seek to achieve a balance between the citizen's right to prosecute and the responsibility of the Secretary for Justice so as to ensure that unworthy prosecutions do not proceed. Under section 14 of the Magistrates Ordinance, Cap 227, Laws of Hong Kong, the Secretary of Justice enjoys wide power of intervention and "may at any stage of the proceedings before the magistrate intervene and assume the conduct of the proceedings."

What has really happened on the day of incident on 11th of November 2019? According to "The footage of the shooting" which was a broadcast live in the Facebook by a bystander, an officer drew his sidearm in the district of Sai Wan Ho while trying to detain a masked man at a blockaded junction. Then, another masked man attempted to liberate the other, appearing to take a swipe at the officer's pistol before being shot in the midriff. After all, police could successfully detain both men onto the ground. The first man had a pool of blood next to him. His body limped as police officers moved him around. Apparently, the officers tried to tie his hands. The second man appeared to be conscious.

No doubt, according to the above footage, Hui's private prosecution is misconceived. Hui has completely turned a blind eye to the imminent danger confronted by the officer at the particular moment. With ulterior motives, Hui intentionally and wrongfully misled both the court and public by alleging that the police officer's such dedication and discharging his duty to maintain law and order during the riots amounted to abusing of police power and police brutality.

Obviously, Hui's private prosecution should have no prospect whatsoever of success. On the contrary, Hui's such an action even constituted an abuse of prosecution process. Justice can only be achieved by the Secretary of Justice's termination of Hui's private prosecution. It explains why the Department of Justice has applied to the court to intervene the case. A hearing date between 24th to 28th of August 2020 has been applied for the Department's making formal application to terminate the case in open court. Indeed, according to Article 63 of the Basic Law, the Department of Justice shall control criminal prosecutions, free from any interference.

May the police officer wrongfully prosecuted by Hui seek any legal remedy? Historically, the tort of "malicious prosecution" in English law refers to an unreasonable criminal prosecution. All along, malicious prosecution has been generally brought as an aftermath of unsuccessful criminal proceedings.

In Hong Kong, in the decisive authority of Pathak Ravi Dutt v Sanjeev Maheshwari [2015] HKCA 595, the Court of Appeal had summarized that in an action for malicious prosecution, the plaintiff must prove 4 essential elements:
(1) The Plaintiff was prosecuted by the Defendant, that is to say, the law was set in motion against the Plaintiff by the Defendant on a criminal charge ;
(2) The prosecution was determined in the Plaintiff's favour ;
(3) The prosecution was without reasonable and probable cause ; and
(4) The prosecution was malicious.

On the facts of the Hui's private prosecution case, following the intervention of the Department of Justice at the end of August 2020, it will be a case terminated by the Secretary for Justice instead of being ruled by the court with a verdict in favour of the police officer. Thus, it is advisable for the police officer to commence a tort of malicious prosecution action against Hui once the male shot by the police officer has been found guilty by the court. Then, the police officer may rely upon the male's conviction to support the assertion that his shooting under the particular circumstances was necessary and secure his civil claim against Hui.

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

Harini saya nak share ilmu yang saya dapat dari audio Ibu Rose tentang bagaimana nak didik anak supaya bertanggungjawab. Bermula dari sekecil-kecik perkara. Kalau nak anak-anak menjadi anak-anak yang bertanggung-jawab, benda simple macam ni pun kena ambil tahu dan ambil berat.

Biasa tak dengar ada ibu bapa yang salahkan sesuatu benda yang lain sebagai cara pujuk anak menangis ketika terjatuh contohnya:

⁉️❌ "Ha..lantai ni buat anak mama jatuh ye. Babab lantai. Dah dah. Mama da...
Continue ReadingToday I want to share the knowledge that I got from Rose's audio on how to educate children to be responsible. Starting from the smallest things. If you want children to be responsible children, simple things like this need to know and care.

It's normal if you don't hear that there are parents who blame something else as a way to persuade their children to cry when they fall

⁉️❌ ′′ Ha.. this floor makes mama's child fall. Floor babab. Bye. Mama already hit the floor. Poor mama's child. This floor is bad for mama's child to fall."

The long term effects are scary. When we are used to comfort our children in this way it will make our children

😱 Like to blame others for their own faults
😱 He did wrong accusing others
😱 Do wrong, don't know what to do
😱 Those who are angry can get angry again, parents

When we move mistakes to other objects like the floor, we actually teach our children
To not take responsibility that he is wrong and not careful. Oh God, when I hear the fear, waliyazubillah may we all be kept away from this way of educating.

WHAT DO PARENTS HAVE TO DO?

1 ️⃣ No matter the age of the child, when they cry such pain, come to them and find out where the pain is.

2 ️⃣ Read the prayers and use the way Rasulullah teaches when a body member is sick. Put your hands on the sick side. Read bismillah 3 times then read it:

I seek refuge in Allah and His ability from the evil of what I find and beware
I seek refuge in Allah and His power from the bad things that I am feeling and what I am worried about (HR. Muslim).

Blow and rub the sick parts with prayer. Full of weight and love.

3 ️⃣ After that, talk and remind him softly so that he will be more careful next time. ′′ Be careful okay next time ′′

If it's been more than 3 years, you may ask what he learned from falling. But ask softly without making him feel uncertain guilt. Feeling guilty. If we do it until he feels guilty, no good learning happens.

4 ️⃣ Avoid saying ′′ You deserve it, mama has already said it!" ❌

Rose's mother always says, we want to educate children with noble character not only know how to treat children but need to care about small things like this.

❤️❤️ EXAMPLE OF SENTENCE THAT WE CAN PRACTICE TOGETHER

′′ Love fell because of running just now and didn't look at the floor there was water spilled? Pain? Meh Ummi read the prayers and blow first. Next time be careful okay. It's okay, strong girl ′′

′′ So that next time it won't happen, what do you want to do? What is the love of learning from that mistake." (This additional question may ask a child who has been 5 years old. ))

🥰 The key is that the child takes responsibility for his mistakes. Because he takes responsibility, then he can change the situation.

You can do it. Xoxo

That's it,
FAIZATUL IMAN BINTI MAKPOL
Let's avoid accidentally teaching children to be irresponsible children.

#ImanParentingJourney
Original link: https://m.facebook.com/story.php?story_fbid=3271997106165173&id=100000647467613
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We understand the difficulty of your business during PKP. This is an offer to help traders who can make advertisements viral on this page 1 MILLION only RM30! Want it? Whatsapp admin: http://bit.ly/2FFyZuGTranslated

JANGAN IZINKAN IBU LAHIRKAN TUANNYA

Masa awal aku kahwin dengan isteri aku, aku dapat pakej 4 orang anak. Alhamdulillah. Yang mana 2 daripada 4 ni istimewa sikit. Dua-dua aspergers. Sorang ADD sorang lagi ADHD. Paling mencabar sekali tau tak apa? Anak-anak ni sebelum kehadiran aku, diorang ni di manjakan betul. Cukup manja! Semua nak, dapat. Tak boleh kena tegur, mesti menaangis dan membentak. 3 lelaki, sorang perempuan. Masa tu umur yang sulung 14 tahun. Yang second 12 tahun...
Continue ReadingDON ' T ALLOW MOTHER TO BORN HER MASTER

When I married my wife, I got a package of 4 children. Thank God. Which 2 of the 4 is a little special. Both aspergers. Another ADD another ADHD. It's most challenging to know it's okay? These kids before my presence, they are being pampered right. Pretty spoiled! All want, got it. Can't be told, must cry and snap. 3 men, a woman. At that time the eldest was 14 years old. The second 12 years old. Third 9 years old. Fourth of 6 years old girl.

First time entering the family, I've had a meeting done. With gangster style, long hair braids. I'm doing a LIVE FB meeting with children. In the meeting, I just entered the family, so follow my rules. I don't follow their rules.

At the beginning, many people who are nearest have started tripping and spreading stories, not saying that I will hit the kids. The swing bowl is right who reads people from this person's use.

Remember the early marriage, my wife always reminds me of me. If these kids promise anything they need to be fulfilled, they will cry badly and scream. Hard to persuade. Sometimes I want to break my breath and cry. The other one is ADHD if he cries, he can't be angry, he has to say it carefully. Because later he will be raging and coming hyper. The one who added is his own attitude. It's just his problem that he doesn't take the port. The eldest is the most pamper. Ask for whatever the confirmation gets. After that it's urgent to work.

I really don't feel like I'm suitable at all. What should I do? Wash his mother first. My wife cried when she washed her first. I said it's simple. I don't want my son to grow up to die and get everything he wants to wear. Nothing, tomorrow won't be given, he rebel like going crazy.

Everything that my wife says can't do, I prove it to my wife, everything that she thinks is wrong. I made it. I didn't see anyone doing what my wife said. I just tried to bring MCD, then I parked at the Tomyam shop. Look at all the faces that are slammed. But no one is crying.

That's where it all started. Until one part I saw my wife still wrongly. I said it's simple.

′′ Want something big, need a big sacrifice. If you maintain like this, it's too wrong that you have to follow all your child's wishes, you're afraid to say NO and then you're crying and tired of your brother Trust me. Just like this, you'll lose your brother. Choose. ′′ ′′

Hah my wife was shaking at that time.

Yes, it's not easy to fight the mother's instinct. I really understand. But have to remember, you want to be sad until when you just want to entertain the extreme motherhood instincts? How do you want your child to grow up? What's he doing today, he's already big tomorrow. You're poor, he asks for something you can't fulfill. You think he got it? That's the wrong time he just said this sentence.

′′ Why is my mom not like someone else's mom. It's okay. I am not important ′′

Heart was shaking at that time. He didn't tell me 100 times, once didn't let him release such a painful sentence?

I'm nothing, kids like this even more men, have to grow up to be men. Not a bapok, not a Kpop. Man. The world will come far more evil. Responsibility is far bigger. It is compulsory to grow up to be a man. I repeat.

MEN.

That's when my wife slowly became a mad mother. Kah kah kah. The kids were shocked at that time. Suddenly mom is good at screaming? Suddenly mom is good at tunjal head? Suddenly mom is good at slapping? Suddenly mom dares to throw her phone against the wall?

Most power if a child I say near her mother,

′′ Mom doesn't love me, I hate mom.."

If my wife used to hear this verse, she will feel sinful and crying. Now you know what my wife answer?

′′ Once you hate me, 100 times I hate you.."

Stunned again child. Feels like the tactical of playing sentiment is not going to be. Continue to continue doing homework.

After that the scene of running away from the middle of the night, haa my wife is already cuak. Look for me to tell my child to run home. Cleaning up the bag. If you're as a mother, are you rocking? 10-year-olds when they were running home. Other siblings are busy trying not to run away, they insist on running.

I told my wife I'm happy je.

′′ Do not persuade. Just ask him to run the house faster. Go help her pack the bag. Do not worry. I used to threaten my mother like this when I was small. When my mother is stupid, I stay outside for a while and then I will go home because it's scary outside the dark.. if you persuade, don't run away, believe Tomorrow he's busy threatening to run again."

My wife went down and asked her to leave her house faster. This kid won't go out after opening the door. Look at the dark outside. He immediately opened the saji headscarf, making him hungry. It's so hard to look at it.

Want to turn into a Lion, it looks evil. Many will talk about this. You say you don't love your children. If this part is not strong, it will be stupid to be eaten by these words. But you have to believe one thing. This mother and father knows her child better than all of you. He knows so much. Know which limit he can make or not. We who watch from outside don't pretend to teach other people's children, teach our own children first to let go. Look at our children today he appreciate us how.

I was worst being criticized at that time.

He said since my wife married me, my wife's attitude has changed. Getting harder. Fierce with the kids. And many more lah. I'm lazy to take a port. The one who speaks is a woman who has never tasted anything. Work is great. So bored listening to it. But I'm cooking so much, it's normal that the sound of this person's confirmation since childhood has never lived hard, the child and the one that is like diva is usually the same. Just deaf the ear. Focus on the mission for the good of the child to come.

After 3 years, I recently had a meeting with all my children. I ask, did you notice that mom used to be different from now?

All bobbing. Getting more ferocious and crazy people say.

I'm so happy to hear. Let go of that I said.

′′ Try all of you to look back at this day. What's the difference? Neno 8 years old can be brushed by school clothes. Already able to wipe Ayra out. Luth 10 years can wash everyone's dishes. Hoze is the most improvement. From my own world today, you are the most helping to work in your house. 13 years old, washing clothes, hanging clothes, sleeping ayraa, bathing ayraa. And many more. Anish, you are the eldest brother. Thank God. No more pushy. See you already understand the reality of being a brother. Every morning sitting in the kitchen helping mom cook.. that's okay. Proud for a while Dedi. Dedi is nothing, you ask Dedi's siblings if they are rude to his mother, what happens to them. Must eat Dedi's feet. You become a son, you have to be a protector to your mother. Don't make it a slave mother."

All sighs. I'm connecting again.

′′ Do you know why this Seremban house Dedi doesn't install air conditioner near Indeed Dedi doesn't let mom install air conditioner. Let me sleep hot. Learning how to use a fan. Dedi used to grow up but never sleeps in air conditioner, thank God I grew up healthy. Dedi wants anything can't just get like that. So men have to learn how to feel hard. So that tomorrow, you will learn to be grateful. I will remember your parents when they are happy. You'll be close to siblings, tomorrow this is what you'll laugh back when you tell the story. Trust me. All of these are the sweetest memories. Mother and father don't know when will die. Maybe tomorrow we die, at least Anish can take care of the younger siblings."

Everyone was laughing at that time. My eldest child will interrupt in a while.

′′ Dedi, but honestly Anish likes the current mother from mother before. Even though it's fierce, but it's true when I remember it again. All of us are good at all. I just noticed that someone else is 8 years old but doesn't even know how to take care of the baby who is a year old and shower and defecate. Luth has changed a lot. No more crying. Hardworking. Hoze has changed a lot of crazy. Playing with the phone. There's only one problem, when you have a relative, you can come, don't sit in the Just sit down once. Anyway, I swear, Anish loves the mother who was now from the old times. Even though the current mother is crazy saiko! Haha. Mom, you are Queen Of My Heart! Mother is crazy, before Anish didn't understand a lot. When Anish sees mom struggle, Anish becomes a pity. Just saw all the sacrifices of the mother for all of us."

Others bobbing heads agree and laugh with what brother anish he said.

All impressed when I remember back. Until neno's turn, she keeps crying. She really apologizes near her mom.

The most powerful, they are siblings when their aunt wants to ask them to come out. Each one has completed the job of who managed his / her sister's clothes this year, who will beat his / her younger sibling's pampers, who will manage his / her sister's pampers. All of them think for themselves. Talk to each other and manage the equipment of his little brother who is a year old. No need to have a mother with her dedi.

Power, isn't it? Two Aspergers, an ordinary person. The eldest has entered MRSM. It means that the number two child of ADD is taking over.

Even when I'm going back to hometown, my wife just gave me an order. They all clean up their own bags. My wife doesn't even mix a single dust. My wife looks like a big boss today. All homeworks are managed by the child. My wife's duty is to cook. Wash clothes, dry clothes, wash dishes, wash toilets, throw away garbage, shower ayra for a year, all the kids who manage it.

If I don't move, I won't let my wife shout out to other children. But mad at the eldest child. Let the eldest child be stressed. Whatever happened to the younger siblings, I told her mother to kill her eldest child. So when the younger siblings aren't working, fighting, the eldest brother already knows that he needs to be tiaw with his mother later. Didn't say much, he just settled his younger siblings. That's it brother!

Thank God. The story is only one. Our children, we know each other. There's a part of being fierce, there's a part that needs to be There's a part that can laugh. This mother has one veto power, but many are afraid to use it because she is not in other s' language and is so afraid that her child will hate It doesn't mean anything! It's boring to entertain the sentiment of pity that is extreme. You used to be your mother who hit your face, do you hate your mother to big? Nothing. We're fierce because we just want to educate. Not fierce all the time. More than firm. When you see your child hardworking, listen to it, there's a day that will give you a surprise Chocolate or what? Taking a walk to the park. Time with family has to be there.

If you're too spoiled, you can make your child become responsible and the person who will defend your family, I think that the Malay soldiers won't even be training hard as hard as possible. It's better for them to just pray for all the new soldiers. What do you want, everything is given. Wake up late, swipe your hair and then kiss your forehead. Even eating time is delicious. Sleeping at night comfortably, installing air conditioner. Put on the wifi.

What was it?

Before you want to say this person, ask ourselves first. Our 7-year-old child eats, is he good at washing his own dishes? Do you know how to follow your time schedule? Can you brush your own school clothes?

If you're not good at anything, don't make me feel bad about the way other father's mother educate someone's child.

The hardest episode in educating children at this age. Believe me, this will all be a longing for the kids when they leave the house later. And this also makes them siblings get closer.

Patience, victory day is coming! Early sacrifice is the most important. Fight all the wrong feelings that always play in the soul. Only one thing you have to remember, as long as you don't fight with religion. Mom is never wrong! Angry, fierce lah. Do not worry. Continue to educate our ways. Don't forget the power of Veto!

Eh forgot, waimah is a special child. What the doctor said put number two. Accompanying kids like normal kids before but there's a limit. Don't teach him to be a special child since you were young. We know our children again, right? Because I always believe, crazy people when we clap their hands twice when they want to take our food, the third time they will understand and won't take it anymore. That's the crazy person. So, Don't let the child know he's special. Don't disturb her brain. Just entertaining the same thing.

Everyone is like that. If he feels like there are advantages, there is someone who defends more, he will start to get a chance. Can't believe it? You try to pamper your child crazy. Let go of the try in front of you, someone tease him less, you see how he has torn to tears later he will get your attention.

Anyway..

Only one thing I'm still failing. Failed to change their name call among siblings. No call Along, Angah, Bangde. I feel strongly, calling this name also has a certain advantage to put the difference between the younger brother and brother. There is a family aura.

Don't forget, Father's role in psychology is important to be crazy. Because with this mother, no matter how fierce it is, the child is brave to fight. Dad must be good at playing roles. No need to touch, you need to know when you want to have a high voice. When you want to call your child, sit down and talk about others.

Become a child idol.

Trust me, step child and biological child two things that are impossible. Because the power of VETO only exists in biological children. This step child has a risk that you need to face. What happened to them, people will say that you don't love them because it's not your biological child. Painful and sad that sentence is for me. Allah knows how I love them.

I wrote it,
Mr Amir Lake

P / s: In the past my wife was criticized by the Aspie group when my wife said she educated her aspie's child in the way she was a little firm. All sorts of people are teasing, he said that this aspie child will take revenge and kill him. Have to be teased every day. Poor. My wife doesn't agree with my actions early because she holds the doctor's order. Today, I'm asking my child aspie. Tomorrow if mom gets disturbed by someone else in front of you what will you do? What did he answer? I'll hit him enough! And I asked my wife, how about the person who teased her child? He said his child is under control but sometimes he's raging badly until he's about to breath. At the same time today my child aspie is good at cooking, can do all homework and love his siblings so much.

Mr. Amir Lake creditTranslated