吵甚麼

一個殺人犯想去投案真的這樣困難嗎? 我講的是陳同佳在台灣殺害潘曉穎案。如果有人在香港殺了人然後走入警署自首, 警察會不會跟投案的人講: 阿哥仔, 你有無預約, 有無跟足程序, 有無按甚麼渠道來投案? 這類廢話可以少講, 只需確定這投案人是否發神經, 是否胡言亂語, 只要稍問一下, 然後押去殺人現場找死屍和凶器, 就可以設檔立案, 再仔細盤問, 這殺人案就很易偵破了。最重要的證據是自動投案, 至於是謀殺抑或誤殺, 那是後話。

當政治滲入後, 很簡單的刑事案也變得複雜而陷入僵局。台灣行政院長蘇貞昌要求港府盡快展開司法互助, 我覺得純粹在玩弄政治, 香港與台灣之間一向沒有簽訂司法互助協議, 不是隨便講兩句就可以成事的, 始終是要經過立法程序訂立相關法律的。台灣要求港方提供本案警察掌握的證據, 這當然是個政治課題, 但港府不提供這些證據台灣當局就對起訴陳同佳束手無策嗎? 只要肯收人, 一定有證據可依, 完全不用港府提供。殺人一事陳同佳承認了, 是在法庭上的judicial admission, 判詞在公眾網域隨便下載, 藉此用來向陳同佳錄取證供, 一定比港府提供由港警錄取的更確實, 因為連口供可能涉及錄取過程的自願性爭議也可排除。

彭寶琴法官在2019年4月29日對陳同佳判刑時頒布的判刑理由書, 已列出控辯雙方同意呈堂的案情, 涉及殺人的過程如下:

6. Briefly, the Accused admitted that he and his girlfriend “Poon” met in July 2017. One month later, they became lovers with intimate relationship. In early December 2017, Poon was around 5 weeks pregnant.

7. In the morning of 8 February 2018, the Accused and Poon departed HK for Taiwan. The Accused was the one who paid for the air tickets and the hotel accommodation.

8. In the small hours of 17 February 2018, Poon’s mother received a WhatsApp message from Poon, saying that she would return to HK later that night. However, Poon then became out of touch. On 5 March 2018, Poon’s mother made a missing person report to the police. She had also found at her residence a copy of the Accused’s Taiwan Entry and Exit Permit.

9. As for the Accused, he returned from Taiwan to HK on the night of 17 February 2018. On 13 March 2018, he was interviewed by the police. In the course of the interview, the Accused admitted that he had killed Poon in Taiwan. Therefore, he was immediately arrested for the offence of murder and was cautioned.

10. Under caution, the Accused disclosed that he had buried the body of Poon at a piece of grassland in Taipei. The Accused also revealed further particulars during the subsequent video-recorded interviews, including his claim that he had an argument with Poon in the early hours of 17 February 2018 over how their luggage should be packed; as well as an assertion that they later had another argument during which Poon had told him that the baby belonged to her former boyfriend and that Poon had shown him a video capturing Poon and a male having sex.

11. According to the Accused, feeling agitated at the time, he hit Poon’s head against the wall and strangled her from behind with both hands. There followed a struggle with Poon on the floor for about 10 minutes until Poon was dead. The Accused then put Poon’s body into a suitcase and packed her personal belongings into four plastic bags.

12. The Accused, however, admitted that he had kept Poon’s HSBC ATM card; digital camera and iPhone. The following morning, the Accused first disposed of Poon’s belongings at different refuse collection points near the hotel. He then took the suitcase with Poon’s body and travelled by train to search for a place for disposal which he eventually did at a park.

13. Concerning Poon’s properties which he had taken away, the Accused admitted that he had used Poon’s ATM card to withdraw TWD 20,000 cash in Taipei with a view to buying some new clothes for himself. However, he did not do so eventually.

HKSAR v CHAN TONG KAI

這還不夠嗎? 還要找藉口來吵甚麼?