Amina Bokhary controversy
The Amina Bokhary controversy occurred in Hong Kong in 2010 involving the assault conviction of a wealthy woman from a well-connected family.
In particular, the presiding judge caused outrage when he said in his judgment that Bokhary had an "unblemished background and was born into a good family with caring parents [and] an outstanding academic record".
The comment highlighted the public perception of widening inequality and increasing disparities in the balance of power between different social classes in Hong Kong.
[9] Pleading guilty to both charges in November 2008,[10] she was sentenced to 240 hours of community service and ordered to pay the driver HK$1,000 in compensation.
Passing sentence, magistrate Anthony Yuen Wai-ming stated that her offences would normally result in prison time, but he decided to be lenient because of her mental disorder.
Yuen's comment in his judgment that Bokhary has an "unblemished background and was born into a good family with caring parents [and] an outstanding academic record" caused an uproar locally.
[21] Various sectors of society expressed concern over the light sentence; the Police Inspectors' Association asked for clearer guidelines on the penalties to be expected in such cases.
[25] An editorial in the South China Morning Post (SCMP) criticised Yuen's for citing her background, family, education and academic achievement as being mitigating factors, which to some implied such would "buy leniency from the courts".
It summarised that "The failure to show any logical connection between family background and the sentence leaves the public with the perception that those with a notable surname are more equal than others.
With widespread criticism of his decision, the SCMP published on 7 August an explanation by Yuen, in which he said that Bokhary's behaviour was "consistent with the mental illness she was, and is still, suffering".
[21] In a telephone survey of 1,100 people conducted from 10–13 August by the Hong Kong Research Association, 91% responded that they felt the sentence was too light.
[29] Another Facebook group allegedly inciting Hong Kong residents to slap police officers was shut down by the site's administrators.
[24] In a press release on 11 August, the DoJ stated that they had filed the application for leave to review with the Court of Appeal two days earlier.
[31] In response to the increased negative attention on the judiciary, the Hong Kong Bar Association and the Law Society of Hong Kong on 11 August issued a joint statement to "allay misgivings of the public" and to explain the court's approach,[32][33] whilst deploring "any attempt to bring public pressure on a Judge or Magistrate to change his or her mind upon a review of sentence".
"[38] Legislator and former Secretary for Security, Regina Ip, said: "At the end of the day, the sense of outrage is not about justice and penalties, but about the widening inequality between rich and poor, between the corporate giant and the artless individual, and the yawning asymmetry of money, knowledge and expert power between the haves and have-nots of our society.
"[39] Political commentator Michael Chugani agreed that public anger existed due to the belief that Hong Kong society had become too unfair, and that the verdict was confirmation to some of this view.
[40] Bokhary appeared before magistrates court on 23 December 2010 and was sentenced to six weeks in prison for breaking five out of seven conditions of her 2 August probation order: she failed to complete three months' alcohol rehabilitation in the United States; failed to report to her probation officer or to participate in programmes arranged by same as required; did not reside as directed; refused to receive psychiatric and psychological treatment.
[41][42][43] Prosecution appealed against the sentence, a one-year driving ban and probation order, imposed on Bokhary for failing to provide a breath specimen.
