广东官员在澳洲被控性侵导游 单位领导称非公派_央广网
昨日下午，广东省城乡规划设计研究院行政部的一名负责人在接受南都记者采访时称，涉案者确系该院副院长宋劲松。《时代报》提及宋劲松时称他是一名“代表团 成员”，但负责人证实，宋于今年8月持因私出国护照赴澳大利亚，行程并不是由院方安排的。此后院方并未与他取得联系，院方也是在看到外媒相关报道后才发现 此事。
According to this, the Guangdong Urban and Rural Planning and Design Institute deny what stated in the news report by The Age Australia. That the incident happened when he is an official delegate.
They claimed the accused visit Australia in a private capacity.
The institute found out about the incident only after foreign media report it.
The accused was arrested in august and stay in Melbourne for 3 months awaiting trial. This is just an ordinary crime until he applied to be allowed to travel back to China. I think this is when it was revealed his official position in order to get bail. And this is also when he made it into Australian national news.
The Age - Chinese delegate to Melbourne charged with rape of student
A member of a Chinese delegation to Melbourne has been charged with raping a university student tour guide assigned to his group.
Jingsong Song, 43, the head of a Chinese government urban planning institute, has been reporting daily to police in Melbourne since his arrest and extradition from NSW three months ago.
One hell of a headline, isn't it? Probably make SCMP jump with joy when they see it.
Just how did he become a member of a Chinese delegation?
Song was bailed in August, on strict conditions that included surrendering his passport with orders he not leave Victoria or Australia, on charges that included two allegations of digital rape.
digital rape - The act of using fingers to violate and force a sexual and violent act upon an unwilling victim.
In support of the application, defence barrister Daniel Gurvich said the prosecution case could not be regarded as strong given the "level of intoxication" of his client and the woman and the content of pretext conversations.
Based on evidence in the brief, Ms Bakos said the woman was "so blind drunk she can't possibly consent".
Ms Bakos is the Magistrate. That logic has quite a few implication. Really not sure how a Chinese could understand how the relevant law work in a western country.
Is it common knowledge even in the west?
南都记者从《时代报》记者处了解到，宋劲松在墨尔本被指控的罪名为“指奸”，即以手指侵犯被害人下体。澳大利亚维多利亚州的法律规定，强奸(包括指奸)最高刑罚为终身监禁。
而根据中华人民共和国刑法，这一行为不构成强奸罪，所涉罪名为“强制猥亵妇女罪”。我国刑法第237条规定，以暴力、胁迫或者其他方法强制猥亵妇女或者侮辱妇女的，处五年以下有期徒刑或者拘役。
According to this, digital rape(finger rape) carry a
maximum penalty of life(!!!!) in Australia. But in Chinese law, it is not considered as rape but as coercive indecency/indecent assault, carry a maximum penalty of five years in prison.
根据刑法第7条规定，中华人民共和国国家工作人员和军人在中华人民共和国领域外犯中国刑法规定之罪的，适用刑法。同时刑法第10条规定，凡在中华人 民共和国领域外犯罪，依照本法应当负刑事责任的，虽然经过外国审判，仍然可以依照本法追究，但是在外国已经受过刑法处罚的，可以免除或者减轻处罚。
因此，中国法院对宋劲松在国外的行为具有刑事管辖权。若宋劲松弃保或被墨尔本法院判处罪名成立，中国法院仍然可以强制猥亵妇女罪追究其刑事责任。
Basically, this stated that Chinese law has jurisdiction of Chinese subject even if the crime is committed oversea. No matter if he skip bail or found guilty in Australia, China can prosecute him for the same crime. But if he has been punished oversea, that fact would be taken into consideration.
What that mean is the guy is in DEEP SHXT!
So this guy went to Australia for a visit. Flirt and get really drunk with the tour guide girl, and in the state of intoxication and in the moment of indiscretion may or may not has violated the girl with his finger. And got in hot water.
But because he work for Chinese government, he make it to international news and has his name all over Chinese network. His life/career is probably ruined.
Maybe what he did is stupid, but does he really deserved such a severe punishment?
