公義

2017年2月17日，香港區域法院裁定七名警員襲擊傷人罪成，各人被判入獄2年，不得援刑。

當消息傳出之後，在不同媒體上都有人發表意見，支持和反對都有。我最反感的是一些幸災樂禍，落井下石的報道。很多人認為这回判罪過重，因為他们以此和佔中行動比較，和旺角暴動的違法者的判罪作比較。特別是佔中運動嘅策劃者，至今仍“逍遙法外”。很多人同情這七位警員，原因係因為他们是在保衛香港治安的情況下，執法行動時犯錯，係情有可原，據理據公義，唔應該受到這樣重嘅刑罰。更加有人不滿。指判案法官為狗官。

這是一個爭議性嘅項目，我在這裡表達我的意見，我知道不會人人認同，甚至會有人罵我狗雜種。我只係希望大家能夠明白什么是法律。

對於判刑太重和指法官不公義：英式法庭法官系秉承著公正和不偏不倚的原則，受人尊重，品格高尚，專業地位無可比擬，不是電影裡面被戲劇化了的芝麻官角色。法官判案和判罪，都係依據法典，法律文獻，案例，刑法罪行，年期，一切係有規可循，並非單憑個人一時意欲，或者受其他人的影響。需知七警是執法者犯法，判刑會較一般市民重。還有，這次是執法者聯郡毆打一名手無寸鐵的示威者。如不重罰，難生阻嚇之效。法官在判刑時的確是參考過往案例，當年的判刑是二年半。由此種種我不認為法官不公義。

對於七警和佔中者判刑大細超：佔中計劃係經過法律界人士精心策劃，根據現行法律，你可以控訴他們什麽？告人要清晰指控所犯何罪，罪犯何條？唔係話縱容佔中發起人，係現時司法制度底下，你控佢地唔到，你再做落去的話是浪費納稅人的錢。如果可以的話，律政司一早已經做了。很多大機構高薪養班師爺，目的係帶佢地做"好"事，冇把柄。再說佔中係經過精心部署，七警俾人影咗相，可能已經係佔中計劃裡面部署其中一項，預咗會有咁嘅事發生，所以揾定人影相。怪只怪他们部署不及人家精密，七警魯莽行事，給了人把柄。七位警員不過是政治博弈之下的犧牲品，即使係受人暗算，願賭服輸啊,需知鬥爭從來都不是光明正大的。

豬腸淋黎x英判18星期，暴徒向多個警察尿淋判3星期，擲磚輕判，擲雞蛋坐監，天理何在？法官嘅原則係不偏不倚。而不偏不倚角度系取決於原告同被告律師所提出的證據、供詞、陳述。不是每一案件都是一樣，律師值錢就在這裡。你一介小民法援律師，同黎x英嘅律師當然係會唔同，咁判決就當然係唔同啦。你自己用嘅係政府律師，告你嗰個律師又係唔同級數。法律源於保護富人的人身及財富，防止他們的人身受損及資產給搶掠。即使今天，這個原則沒有改變。鼓勵大家發奮向上，不然認命吧。

我们在華人社會成長，很多華人所認為對的事，係西方法律上面來講可能係不鼓勵或者係犯法嘅。例如朋友犯事，你重義氣，不舉報朋友，甚至幫他躲避。但在西方法律來说，你知情不報，犯法，甚至有可能被控其它罪。你會覺得好心無好報。某人受騙，境況堪憐，你抱不平，揍騙子一頓，那你犯法。你會覺得無公義。

三十年前我係國外目睹一件令我畢生難忘的事。我一位會計師學長，為了禁止他妹妹吸毒和苛索，不許她到他家來。有一天他妹妹偷入他家偷錢並在房中吸毒，他怒極一時，踢破房門，教訓她一頓。誰知她住警署告她哥哥施襲。最後罪成，他公司把他革除，會計師公會以他有刑案將他除名。他從此一蹶不振。他本意是為他妹妹好，誰知惹來下半生潦倒。沒天理吧！

我對七警的判罪深表同情，因為是在一次捍衛社會治安下犯錯，不是打家劫舍，無法無天的滔天罪行，判刑令人慨嘆。它令到一個人失掉有意義的工作，喪失尊嚴和家庭幸福。判罚一個人都已經太多，何況是七個人。我理解他們會上訴，但證據確鑿，逃不了。減刑也無補於事，因為一經定罪，便會掉了工作，沒有了長俸！一旦有了刑案紀錄，終生不能再在任何政府部門受聘，你如何從一專業再過渡？這給你翻身不了！另外移民外國的資格亦都可能失去。

法律是嚴峻無情，旨在打擊不法行為。襲擊他人，致令他人受傷是違法行為，不可不知。君不見，西方法院門前法律女神像，她是盲目的，手持天枰。她不看世事，不理人情，她只會按法典枰事，這叫做公正、不偏私，她是法官的楷模。法官是法律中人，講事實和表面證據，未必會顧及其它呀！法庭裁判未必是絕對公正，它也可能令人含冤受屈，飲恨終生！但畢竟這是小數。沒有法律，弱肉強食下的社會會更不公義。

My Children's Drawings

I tidied up the book cabin and found 2 drawing books. I flipped thru them and without checking the name on the books; I knew which one belongs to my elder son and which belongs to my younger son. My elder son was a mature birth with all the needed nutrition from his mum. My younger son was not. His mum was weak when carrying him and he was not growing that the doctor decided to have him birth pre-mature. His mum had no milk to milk him. He was grown on bottles. He hardly cried or moved during the first eight months of infancy. It did not surprise me my younger son was not as talented as his brother.

The Pictures were drawn on 3004A Sketch books (size: 11.25" * 14.75"). They were drawn in 2005 when the children were 8 and 7. I put them in 2 sets below. I think you can also tell which belongs to whom.

My elder son has many talents, sports, musical instruments, drawing, dancing, of course academic as well. He resembles my appearance but he has his mum's soul. My younger son resembles his mum's brother but he has a warm heart.

趕客 Customer Selection

I eventually cancelled my BOCHK bank accounts. I had been the bank customer since 1983 or may be even early when it was not that popular. As it is now the most dominant bank in Hong Kong, the bank always has queues outside its doors.

I cancelled the accounts for several reasons, mainly high transaction costs and service charges but no added values.

When I did my home mortgage, I went for 2 banks, BOCHK and CCB Asia. I expected to use BOCHK as it had been my bank for many years; CCB was a backup just in case. However, as it turned out, BOC had not finished my application when the deadline was due, whereas CCB had. So I went for CCB. Bear in mind, do not think the bank helps you for mortgage finance; it is yourself as a customer to provide the bank business as you pay them interests.

In HK, the transaction cost for warrants trading is lower than stock trading because there is no stamp duty on warrants. Wing Lung bank charges as low as HK$4.88 per transaction regardless the transaction amount. Some banks charge a minimum but most banks charge based on the transaction amount. Standard chartered Bank does not charge a minimum, they charge a standard market percentage proportionate to the transaction amount. Also, SCB does not charge stamp duty on warrants. If you go to broker firms such as Bright Smart and IB, their charges are even lower. However, if you go for BOCHK, they charge a lot higher, in particular, warrants trading. I did lots of warrants trading between 2014 and 2015, but I seldom checked the fees as I supposed they were just a small fraction. However a particular transaction brought my attention because that transaction was supposed to be even but the amount settled was $1400+ less. I was charged an addition of HK$500 for warrant trade whose amount was around HK$80K for a couple of times. I later on checked with their staff and confirmed they charged min $100 for warrant trading and $500 was the ceiling. They said it was the bank's policy even though the stock exchange does not charge any additional on warrants. That had left me no choice but gone to other firms. Mind you, it is a big difference for $4.88 per transaction of Wing Lung and $500 + based fees ($200 or more) for BOC. I am talking about the same online self-service transactions.

Some years ago, the major banks required their customers to maintain a certain amount to avoid monthly account fees. That’s been removed for most of them as long as the accounts do not involve manual transactions such as deposit and withdrawal at counter. BOCHK will charge $60 per month for any account below HK$10K regardless how long you have been with the bank.

In nowadays electronic age, a lot of banking transactions can be done online. Unless a bank provides value added services that differentiate it from others, otherwise the differentiation is on price.

So bye-bye BOCHK.