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Prosecutorial Discrimination against White Anglo Saxon Male in China

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Posted 03-11-2009 at 08:14 PM by minidyer
Updated 03-11-2009 at 09:28 PM by minidyer (not disclosing the name)

I was looking for a international criminal lawyer. I would appreciate any advise, or strategy you can provide to help us.

My husband had been beaten up by a Female Hong Kong Taxi Driver. She has four convictions including Common Assault and Tauting Illegal Taxi Services at the airport. Oh his way home from airport, my husband found that this taxi driver had no control over the accelerator and drove dangerously. He got off the taxi before the final destination. The taxi driver was trying to overcharge him and did not want to return any change. As he demanded the change, she called the police and started to shout out to the neighbours, "White Anglo Saxon Male (Gwai-Low) beating up Chinese woman."

Strangely enough, when the police arrived, he only spoke to her (since he barely spoke any English) and arrested my husband instead of properly investigating both sides. Within 5 min of arrival, the police decided my husband is the guilty one and within 5 to 10 min. hy husband was already arrested in the police station.

The whole charges were recommended to be dropped after 6 months by the OC (Operation In Charge) inspector. This OC then was trasferred out of the department. 5 months after dropping the case, the Sergent who arrested my husband on the spot resurrected the charges. After total of 11 months, he raised the charges into Common Assault and GBH (Grievious Bodily Harm). Then the Sergent signed off his signature on the charge sheet under his former OC's name to arrest my husband.

Perhaps he misread the medical report (?), as all the medical reports said she had old stress fractures for driving long hours with signs of healing bones (callus forming). The charges raised to him (GBH) is complitely inappropriate. The Forensic Report stated the injury on victim's foot has nothing to do with the incident as all the witness' statements states no physical contact that could have led into her lower body. Isn;t this violation of The Universal Declaration of Human Rights Act, Article 11?

Then the Sergent wrote the ABF adding Head Injury in addition to her existing injury (fracture in metartaesal head). The police read the Metatarsal Head as Metatarsal and Head. Also did not understand double negative in medical report is in fact positive, "Not Unliekly" is "likely" and old injury. Also until the very last minute, the police did not release the prosecution's documents, so we would not have much time to prepare the case. They did Not submit the forensic report until 2 hours before we see the judge.

We hired a lawyer, but it seems to me that the lawyer was very submissive to the prosecution. The prosecution insisted we take a plea bargain as they are now dropping the charges down to Common Assault. We did not want to. But the lawyer was insisting upon our signing it off and moving on. On the lawyer's advise on the court will not find the "Right," my husband singed a lea bargain. But if he had been charged with Common Assault to begin with, we would Not have to go to a trial, but could have "bounded- over" the charges.

Subsequently, the media loved the story about some High Flying Banker beating up some Chinese Woman. The next day 17 media within Hong Kong only reported the case with full of inaccurate information.

Then my husband lost his job over this press. So we have complained against police. Here in Hong Kong, the Police decide whom to charge and what for. The prosecution assume the police did proper investigation. The prosecution recommended ABH, but the police did not submit All the information and added "Head injury". Though it is ridiculous, there is no way to revert that charge until you go to the court. We were tracked. Then when you go to the court, you have to face very scarey racism, against White Anglo Saxon and also against the Rich.

If we cannot pursue this case in Criminal Court, we must pursue in Civil litigation to: 1) The lawyer who misled us to sign the guilty plea: 2) XX Bank (my husband's former employer) : 3) Hong Kong Police for: a) Inaccurately writing injury in Amended Brief Facts (In fact created new parts of body injured): b) DIP Sergent put his signature under his boss' name (the OC) to authorize the charges- The OC no longer worked in the department (who dropped the charges entirely 5 months before): c) Maliciously delaying the case drag along and also to release the prosecution's side of evidences only few weeks before the court day: d) one sided and racism, etc.

I am not sure what the legal terms are in Hong Kong, but is it legal to put your signature under someone else's name to authorise the charges? And why is everything so one sided? My husband was more injured, while the so call ed Victim had barely nothing at all.

I would like to know if any of you can help. Firstly, we could not find a lawyer who would like to represent us in Hong Kong. I would appreciate it, if you could recommend us International Criminal Lawyer who can, or someone we can trust in Hong Kong or in the region.

Many thanks,
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  1. Old Comment
    Now after all happened I am not sure if the defense council (Derek Finch of Haldanes, and Barrister Lisa Rodriguez) was acting at our best interests, or they were trying to save their face with the rposecution. Why are they so sheepy at the court?
    Comment with Quote permalink
    Posted 03-11-2009 at 08:18 PM by minidyer minidyer is offline
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