2011年11月26日星期六

陳振聰案的發展


陳振聰險遭撤擔保
電台受訪批評證人

【明報專訊】陳振聰在已故華懋集團主席
龔如心千億遺產案中終極敗訴後,被控偽造遺囑及使用虛假文書,他昨就偽造案提堂時,險被撤銷擔保。控方指出,由於案件尚待日後在高院審理,但陳早前接受電台訪問時多番批評證人,此舉或會影響案件,同時擔心他或棄保潛逃,故要求法庭撤銷其擔保,但裁判官拒絕有關申請。

神色凝重 申初級偵訊

陳振聰昨由資深大律師金力生及大律師何冠驥代表,庭上他一直木無表情,神色凝重。辯方昨表示,在本周四晚、即案件提訊前一晚上接到陳的指示,欲申請展開初級偵訊,但律政司一方同時提出撤銷陳的保釋,然而控方在本周初從未提出此申請。辯方指此舉令陳振聰十分驚恐,直斥控方剝奪其進行初級偵訊的權利。

控方由刑事檢控專員薛偉成親自出庭,他回應絕對無意影響陳振聰申請初級偵訊,但解釋辯方由案件於今年5月提堂,已給予足夠時間讓陳一方考慮,至本周初,辯方仍未表態欲申請初級偵訊,並形容陳突然作出申請的舉動,是「unnecessary preliminary enquiry lead to possible delay(不必要的偵訊,引致有可能延期審訊)」。
(26/11/2011明報節錄)

標少在上一篇講陳振聰的廢話的blog評論他再接受訪問,章法大亂,昨天先被刑事檢控專員薛偉成打了一耳光,要求法庭撤銷擔保,甚麼棄保潛逃云云。反對繼續擔保,都是毫無道理的騙人理由,法庭根本無可能會接受。DPP旨在殺威,叫陳振聰閉嘴,不要再叫陣。另一方面,提訊日(return day)排期在明年4月,preliminary inquiry在明年5月,DPP批評為unnecessary preliminary enquiry[inquiry] lead to possible delay,我也覺得批評並不中肯。選擇初級偵訊是辯方的權利,而且我在先前幾個blogs都預測是必走的一步,這是first bite of the cherry。留待高院正審,再來second bite。選擇初級偵訊,也不見得會延誤審訊,這都是在裁判官條例裏訂下的法律程序(ss.80A, 80B, 80C, 81, Cap 227)。未在高院開審之前,辯方也一定會申請永久終止聆訊,以前講過,不再贅述。社會人士鄙視陳振聰,DPP卻不應該打落水狗,而應該展示公正處理案件的態度。我覺得陳振聰的一連串申請並無任何不當之處,他唯一不當的是廢話講得太多。

陳振聰找金力生(Alexander King, SC)代表他,屬正路選擇,畢竟金力生擅打刑事案,到了高院的階段,再加London Silk也不足為奇,我不明白的是用Tommy Ho做junior的原因。如果我沒記錯,Tommy的PhD是比學文學的,又搞過法律翻譯,我印像中他並不主攻刑事案,而且跟金力生並非chamber mate,這配搭是巧合,抑或另有玄機,標少未能參透。他們可能play by ear,我就要all ears待高人指點。

2 則留言:

  1. http://www.scmp.com/news/hong-kong/article/1712321/compassionate-hong-kong-lawyer-alexander-king-dies-aged-62

    Alexander King
    1952-2015

    Prominent criminal lawyer Alexander King SC, who handled many high-profile cases including Nancy Kissel’s first “milkshake murder” trial in 2005, died on Friday at the age of 62.

    King is also well-known for defending many white-collar criminal cases, such as former government building surveyor Clive Holgate’s corruption case in 1995, banker Ewan Quayle Launder’s bribery trial in 1999, and businessman Lee Ming-tee’s fraud case in 2004.

    He also represented Amina Bokhary, the niece of Court of Final Appeal Judge Kemal Bokhary, who was accused of breaching a probation order in 2010.

    Jailed fung shui master Peter Chan Chun-chuen also approached King to represent him in his forgery trial in 2013.

    King received his legal education in New Zealand. He was admitted as a solicitor in New Zealand in 1976 and admitted as a barrister in the UK in 1978 before moving to Hong Kong in 1986. He became a senior counsel in 2005.

    He once said that when he was living in London, a Chinese landlady told him he was Chinese in his former life and encouraged him to come to Hong Kong as he would start a family here.

    King took her advice and soon got into the life of the city. He even participated in a Cantonese song competition on television show Enjoy Yourself Tonight, winning first runner-up in the contest.

    King married Hong Kong ballerina Linda Fung King in the early 1990s and they had a son.

    King established the Liberty Chambers law practice with barrister Graham Harris SC in 2003.

    Harris said: “[King] was a lawyer with a colourful and delightful life and will be sorrowfully missed.

    “He was a very respectful man, outspoken at the Bar, and he was very hard-working, conscientious and very compassionate to people in trouble.”

    Harris said the last case King covered was a criminal case which required him to take evidence in New Zealand in October 2013. He fell ill and his condition deteriorated in February last year.

    He said King died with both his wife and son at his side in a hospital in Dongguan , Guangzhou.

    Among tributes paid by other colleagues, barrister Gerard McCoy said: “[King] was an outstanding criminal lawyer, certainly one of the best cross-examiners at the Bar.”

    Barrister Andrew Bruce described King as “a fearless fighter for his clients”.

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