法政匯思對吳麗英小姐的案件深切關注。吳小姐為一名在2015年3月反水貨客行動中的示威者,她和其他幾名示威者被判在該行動中襲警罪成,她被判監禁三個半月。

吳小姐被定罪的理由是她用胸部襲警。法政匯思尊重法院的決定,但對此決定表示疑問。按常理,若有人意圖襲擊另一人士,似乎不大可能用自己的胸部這樣做。我們了解到裁斷陳述書尚未頒布,因此判決背後的確切理據尚未清楚。然而,根據現有的資料,我們很難不對該決定感到疑慮。

此外,我們質疑吳小姐和其他被告的判刑是否過重。我們注意到所有被告都沒有刑事記錄(換句話說,他們全是初犯)。裁判官也形容吳小姐具有「正面和良好品格」。當然,案中警員實際上並沒有受傷,也是裁判官應當考慮的因素之一。

我們觀察到公眾對吳小姐一案出現了排山倒海般的反應,包括對此案的裁決和判刑表達懷疑和失望。鑑於上述的原因,我們可以理解這些反應背後所代表的公眾情緒。 因為此案有上訴的可能,我們將避免在此階段對具體事實作進一步評論。但我們將繼續密切留意此案進一步的事態發展。

法政匯思 2015年7月31日

The Progressive Lawyers Group notes with deep concern the case of Ms. Ng Lai-ying, a protester who was sentenced to imprisonment for three and a half months for assaulting a police officer during an anti-parallel trader protest in March 2015 (together with several other protestors who were also convicted).

Ms. Ng was convicted on the ground that she had used her breast to assault the police officer. We would, with great respect, express our doubts on the decision. As a matter of common sense, it seems improbable that someone who intended to attack another person would use her breast to do so. We acknowledge that the “statement of findings” has not yet been issued, and so the exact reasoning behind the decision is not yet known. However, on the present information, it is difficult not to doubt the decision.

Moreover, we would question, with respect, whether the sentences imposed on Ms. Ng and the other defendants were not excessive. We note that all of the defendants had clear records (in other words, they were first-time offenders). Ms. Ng was also described by the magistrate as having “positive, good character”. It is also relevant that the police officer did not suffer any injury.

We observe that there has been an outpour of public reaction, including many expressions of doubt and disappointment at the findings and sentence in Ms. Ng’s case. In light of what has been stated above, we can understand the sentiments behind such reaction. As it is probable that the case will go on appeal, we will refrain from commenting further on the specific facts at this stage. However, we will continue to closely monitor any further developments.

Progressive Lawyers Group 31 July 2015

Originally published in Stand News on 31 July 2015