page_title: Amina Bokhary controversy
section_title: Incident and trial
hierarchical_section_title: Amina Bokhary controversy / Incident and trial
caption_attribution_description: 中文: 東區法院大樓 (東區裁判法院) English: Eastern Law Courts Building (Eastern Magistracy)
context_page_description: The Amina Bokhary controversy occurred in Hong Kong in 2010 involving the assault conviction of a wealthy woman from a well-connected family. Amina Mariam Bokhary, 32, received a sentence of probation and a one-year driving ban following an incident in the aftermath of a road traffic accident when she struck several police officers. She had committed similar offences in 2001 and 2008.
  The perceived leniency in her sentence provoked an uproar in Hong Kong for alleged preferential treatment. 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. The judge came under pressure to reconsider his decision but he declined to vary his order upon review. Pundits also blamed the Department of Justice for charging her with an offence carrying a lesser maximum penalty; the Department of Justice appealed her sentence.
context_section_description: Bokhary's vehicle was involved in a head-on collision with a bus on Stubbs Road shortly after midnight on 27 January 2010. She refused paramedics' attempts to put her on a stretcher, returned to her vehicle, and continued to refuse to cooperate. She then attempted to walk away from the scene, but was prevented from doing so by a male police officer, whom she then slapped. She was handcuffed and charged with careless driving, refusing a breathalyser test, and two counts of assault on a police officer. She was released on HK$5,000 bail.
  Scheduled to appear in Eastern Magistrates' Court on 7 April, Acting Principal Magistrate Bina Chainrai recused herself due to her familiarity with Bokhary; the defence was granted a further delay, to permit preparation of a medical assessment. She pleaded guilty on 7 July, advancing mental illness in mitigation. On 2 August, she was sentenced to 12 months' probation and a fine of HK$8,000; her driving licence was suspended for 12 months. As a condition of her probation, she would also enter a treatment programme at the Betty Ford Center in the United States. 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. Her resulting probation was criticised in certain quarters, notably by the police, for its leniency. Between 6 and 7 August, Magistrate Yuen reviewed the case, but did not change his ruling.
caption: Eastern Magistrates' Court building, in which the controversial first trial took place
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