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Well it's hard to prove a judge is doing wrong or under influence from outsiders because a judgement is very subjective.
Well it's hard to prove a judge is doing wrong or under influence from outsiders because a judgement is very subjective.
There are some cases in HK where judges have overturned a lower court ruling for a retrial because there is a system for appeal in HK
Hong Kong Court Orders Retrial of Nancy Kissel Murder Case
http://www.wsj.com/articles/SB10001424052748704140104575058092228681452
So if the defendent or plaintiff is not happy with the judge's sentences, they have rights to appeal
However in very broad terms, yes, because judges are human beings afterall particularly when they're confronting with cases which call for value judgements
I think judges all over the world are unavoidably influenced by their political preferences, social pressure, peer group pressure and the culture that they are brought up with But if the values are framed within a legal context and written into legal statutes, then their judgements have to be exercised within the boundary set by the law or precedent cases
Some courts in HK do not require jury services. They are usually lower courts such as Labour Tribunal, Small Claims Tribunal, Lands Tribunal ...etc where a jury is not required. If jurors are required their ultimate duty is to deliver the verdict: "Guilty or Not Guilty " after that the judge has rooms to play around during sentencing like the length of jail-time or community services, amount of penalties, fees or damages
Not sure why they don't sentence based on a set guidelines
There are set of guidelines as I 've said above like the promulgation of "sentencing guidelines"
https://hub.hku.hk/bitstream/10722/219342/1/Content.pdf
Abstract
"Constitutional norms, statutory rules and common law principles govern the art and science
of sentencing in Hong Kong. Death penalty and corporal punishments are sentencing
measures of the past. As reflected in a 2014 law reform report on suspended sentences, the
emphasis now is on discretionary sentencing, although murder still carries a mandatory life
imprisonment. Hong Kong courts have a full range of sentencing options to ensure that the
punishment fits the crime and offender. Sentencing decisions are informed by traditional
purposes of punishment including public protection, deterrence, retribution, rehabilitation and
reparation for victims. The purpose of denunciation has been cited by judges more frequently
in recent years. Restorative justice, however, is not commonly referred to. Hong Kong’s
Court of Appeal provides guideline sentences for specific offences; such guidelines assist
courts in setting the starting point sentence in a particular case. Aggravating and mitigating
factors serve respectively to move the sentence marker up and down. While proportionality
is an applied constitutional principle of sentencing, courts still enhance sentences in cases of
prevalent organised crime and routinely give sentencing discounts on pleas of guilty or for
assistance given to the authorities.
I guess I should be more specific. In Canadian laws, we have sentencing guidelines:
Eg. 1st degree murder (planned murder)- 25 years in prison
2nd degree murder-up to 15 years
manslaughter (ie. accidently killed someone while driving under influence) - 7-10 years.
A sentence can also be compounded based on other crimes committed during the process. Eg. You kidnapped a kid for ransom (crime). You killed him intentionally or accidentally (crime). You also assaulted 3 people in the process (crime). So sentencing would be times 3.
In our code, if you kill or assault a police officer, the sentence is harsher .
.
Hong Kong's highest court on Monday rejected the final appeal of two Filipino workers to gain permanent residency in Hong Kong
http://www.cnn.com/2013/03/25/world/asia/hong-kong-maids/
I believe the hate resulted from the rejection of residence of Filipino maids in HK is real, the OP proved my point well
Hong Kong's highest court on Monday rejected the final appeal of two Filipino workers to gain permanent residency in Hong Kong
http://www.cnn.com/2013/03/25/world/asia/hong-kong-maids/