Social News
Written by: Wang Jieen
2020-10-22 16:37
Last update date: 2020-10-22 16:37
A 15-year-old boy admitted to throwing petrol bombs on the streets of Yuen Long in early January. Tuen Mun Court Magistrate Shui Jiali sentenced the boy to 18 months of probation. Among them, he was required to be admitted to a youth home for 9 months and described the boy as an "excellent" Thin road".
The Judiciary later received complaints from the public against Magistrate Shui Jiali on the trial of the case.
The Judiciary issued a statement today (22nd). Chief Magistrate Su Huide stated that the remarks did not directly or indirectly encourage any form of violence or criminal behavior. Even though Shui Jiali’s evaluation of the defendant was “inconsistent”, Shui Jiali was sentenced. In his remarks, he did not express any politically inclined position on the criminal conduct of the defendant's conviction, nor did he appear to be biased on the surface, so the referee's complaint was not established.
Magistrate Shui Jiali.
(Profile picture)
The Judiciary has received complaints from the public regarding the trial of the Juvenile Court of Tuen Mun Court by the Magistrate Shui Jiali.
The complaint alleges that the magistrate praised the defendant for being "excellent and enthusiastic" when sentencing, and his attitude was biased, and the light sentence of the defendant would make the public mistakenly believe that violent behavior deserves encouragement.
Regarding the above complaint, Chief Magistrate Su Huide believed that the complaint was unfounded.
The Chief Magistrate pointed out that based on the above and the aftermath of the reasons for the sentence, Shui Jiali advised the defendant to violate the law by acting on impulse and enthusiasm, which would only make her parents feel distressed and sad. She believed that the remarks did not directly or indirectly encourage Any form of violence or criminal behavior.
Believe that it does not express any politically inclined position
Chief Magistrate Su Huide also pointed out that he noticed that Shui Jiali's assessment of the defendant as "excellent" in the past was mentioned in the judgment of the Court of Appeal in the application for penalty review, which was "disputable" and "susceptible of excessive reputation." But this alone is not enough to support her conclusion that she is ostensibly biased.
The judgment of the Court of Appeal pointed out that, "Although the trial magistrate's evaluation of the defendant was unfair, the applicant (that is, the Attorney General) did not use her bias as a reason for reviewing the sentence."
The Court of Appeal also did not indicate that the magistrate's remarks constituted an apparent bias.
The Chief Referee Su Huide believes that even though Shui Jiali’s evaluation of the defendant is inconsistent and the defendant’s pleading factor is given an inappropriate weight, she has made mistakes, but Shui Jiali’s remarks on sentencing do not involve the defendant’s conviction. The behavior expresses any politically inclined position, and there is no apparent bias.
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