Lawyer Lawrence Ma Said To Be "Linguistically Confused", "Disgraceful" and "Dishonourable"

http://www.scmp.com/comment/insight-opinion/article/1155632/if-you-must-curse-least-get-it-right?page=all

Lawrence Ma Yan-kwok, the barrister, denounced pan-democratic lawmaker "Long Hair" Leung Kwok-hung as "not a fucking Chinese" in the Legislative Council this week.

Now, "a fucking Chinese" is a phrase more likely to be uttered by an ignorant sinophobic foreigner or racist. Presumably, Ma is trying to say he is a proud Chinese, rather than a fucking one.

Let us take a look at the full sentence which he shouted out, strangely, in English: "I am a Chinese, you are not. You are not even a fucking Chinese!" Did Lawyer Lawrence Ma think there are normal Chinese and then fucking ones? I suggest he is linguistically confused.

You see, Counsel Lawrence Ma, even cursing has its own grammar. Perhaps no one taught you how to curse properly as you were too busy learning multi-syllabic legalese in law school.

Barrister Lawrence Ma was berating Leung for being without education and proper qualifications, unlike him, while they debated civil liberties. Leung could hardly complain, since he long since threw Legco etiquette out the window. Still, there might be children listening.

I shudder to think what school life would be like if they learned from Barrister Lawrence Y K Ma and all shouted: "We are fucking Chinese."
______________________________

http://hkba.org/the-bar/discipline/bdt/Decision%20on%20Sentence%2020140612.pdf

馬恩國大律師專業失當罪成停牌 - Barrister Lawrence Ma's Conduct "Disgraceful and Dishonourable", says the Barristers Disciplinary Tribunal

Barristers Disciplinary Tribunal - Counsel Lawrence Ma
Mr. Ma Yan Kwok (also known as Lawrence Y.K. Ma)

By a Decision on Sentence and an Order both dated 12 June 2014, a Barristers Disciplinary Tribunal found one (1) complaint of professional misconduct against Mr. Ma Yan Kwok (“Ma”) to have been proved and ordered, inter alia, that Ma be suspended from practising as a barrister in Hong Kong for a period of one (1) month.

The suspension ordered by the Barristers Disciplinary Tribunal takes effect from 4 July 2014 to 3 August 2014 (both dates inclusive).

_______________________________________

The seriousness of the misconduct

22. First, the misconduct was sufficiently serious (and very serious, if necessary) to warrant suspension, albeit for a short period, having regard to the circumstances:-

(1)  Mr. Ma used highly offensive language, repeatedly, on a formal occasion, in a public place. Such language included "You are not a bloody Chinese" and "You are not even a fucking Chinese". Such offensive language was not strictly "one­ off ", but took place over several minutes. He must have known that being in the Legislative Council, his words and conduct would be recorded and easily publicized and accessible by the public.

(2)  Although his misconduct was not in the course of his practice as he appeared in his capacity as the Vice Chairman of the Association of Hong Kong Professionals, it was apparent and he made clear, that he was a Hong Kong Barrister. The consequence of his highly unusual conduct was dearly to bring the profession of barrister (and himself) into disrepute, and to damage the public's trust in barristers. On the evidence, the Bar was "swamped with complaints", with at least 279 complaints lodged by members of the public.

The Bar's reputation depends on the dignity and high standing of its members. Mr. Ma's conduct was disgraceful and dishonourable. It was also aggravated by his highly patronizing language and demeanour which made clear that he considered himself superior because he was a barrister and had "credentials", unlike Mr. Leung...

39. For all the reasons above, in our discretion, this Tribunal orders as follows :-

(1)  Mr. Ma be suspended from practising as a barrister in Hong Kong for 1 month from the date immediately upon the expiry of the period of appeal against this Tribunal's decision and in the event of an appeal, from the date of disposal of the appeal...

Barrister Lawrence Ma's Conduct "Disgraceful and Dishonourable", says the Barristers Disciplinary Tribunal - 馬恩國大律師專業失當罪成停牌

馬恩國大律師專業失當罪成停牌 - Barrister Lawrence Ma's Conduct "Disgraceful and Dishonourable", says the Barristers Disciplinary Tribunal

 

Barristers Disciplinary Tribunal - Counsel Lawrence Ma

Mr. Ma Yan Kwok (also known as Lawrence Y.K. Ma)

By a Decision on Sentence and an Order both dated 12 June 2014, a Barristers Disciplinary Tribunal found one (1) complaint of professional misconduct against Mr. Ma Yan Kwok (“Ma”) to have been proved and ordered, inter alia, that Ma be suspended from practising as a barrister in Hong Kong for a period of one (1) month.   The suspension ordered by the Barristers Disciplinary Tribunal takes effect from 4 July 2014 to 3 August 2014 (both dates inclusive).

_______________________________________

The seriousness of the misconduct

 

22. First, the misconduct was sufficiently serious (and very serious, if necessary) to warrant suspension, albeit for a short period, having regard to the circumstances:-

 

(1)  Mr. Ma used highly offensive language, repeatedly, on a formal occasion, in a public place. Such language included "You are not a bloody Chinese" and "You are not even a fucking Chinese". Such offensive language was not strictly "one­ off ", but took place over several minutes. He must have known that being in the Legislative Council, his words and conduct would be recorded and easily publicized and accessible by the public.

 

(2)  Although his misconduct was not in the course of his practice as he appeared in his capacity as the Vice Chairman of the Association of Hong Kong Professionals, it was apparent and he made clear, that he was a Hong Kong Barrister. The consequence of his highly unusual conduct was dearly to bring the profession of barrister (and himself) into disrepute, and to damage the public's trust in barristers. On the evidence, the Bar was "swamped with complaints", with at least 279 complaints lodged by members of the public.

 

The Bar's reputation depends on the dignity and high standing of its members. Mr. Ma's conduct was disgraceful and dishonourable. It was also aggravated by his highly patronizing language and demeanour which made clear that he considered himself superior because he was a barrister and had "credentials", unlike Mr. Leung...

39. For all the reasons above, in our discretion, this Tribunal orders as follows :-

(1)  Mr. Ma be suspended from practising as a barrister in Hong Kong for 1 month from the date immediately upon the expiry of the period of appeal against this Tribunal's decision and in the event of an appeal, from the date of disposal of the appeal...

(Source: http://hkba.org/the-bar/discipline/bdt/Decision%20on%20Sentence%2020140612.pdf)

Barrister Lawrence Ma Guilty of Professional Misconduct and Suspended - 馬恩國大律師專業失當罪成停牌

爆粗大狀馬恩國專業失當罪成停牌 - Counsel Lawrence Ma Guilty of Professional Misconduct and Suspended

舊年二月喺立法會一個聽證會上，大律師馬恩國 (Lawyer Lawrence Ma) 因為以英文粗口鬧爆議員「長毛」梁國雄而遭投訴，大律師公會 (Hong Kong Bar Association) 隨即對佢進行紀律研訊。研訊前後搞咗年幾，馬大狀上周四終於收到公會嘅書面通知，判罰佢就「爆粗」事件停牌一個月，兼繳清研訊涉及嘅律師費用，相信十幾二十萬元一定走唔甩。馬大狀就自嘲即日暫改稱「釘牌大狀」。

(Source: http://the-sun.on.cc/cnt/news/20140618/00408_003.html)

Bar Council to Prosecute Barrister Lawrence Ma for Professional Misconduct - 大律師公會將紀律研訊馬恩國大律師

大律師公會將紀律研訊馬恩國大律師 - Bar Council to Prosecute Barrister Lawrence Ma (Lawyer and Counsel Lawrence Y K Ma) for Professional Misconduct in the Barristers' Disciplinary Tribunal (BDT)
http://joycekwan20130602.blogspot.hk/2013/07/lawrencema.html

http://lawrenceykma.wordpress.com/

http://hk.apple.nextmedia.com/realtime/news/20130218/51269361

http://hk.apple.nextmedia.com/realtime/news/20130718/51568962

2013年7月18日 蘋果日報 即時新聞 (Apple Daily, Instant News, July 18th, 2013)

立法會政制事務委員會今年2月就港府提交《公民權利和政治權利國際公約》報告召開公聽會，民建聯成員、山西政協馬恩國席間與社民連梁國雄在議事廳開火，更以粗口大罵長毛「You are not even a fxxking Chinese！（你都唔×係中國人！）」，社民連黃浩銘隨即去信大律師公會，早前收到回覆，指公會會對馬恩國進行紀律研訊。

當日馬恩國以香港專業人士協會副主席名義出席會議，更自稱：「我係山西省政協，但我係澳洲大律師喎。」黃浩銘認為，馬恩國言論侮辱整個中國群族，有違專業操守，故去信大律師公會投訴年月日蘋果日報即時新聞

黃浩銘續指，馬恩國作為大律師，在公眾場合說粗話已失去其專業形象，更有同業向他反映，認為馬恩國在立法會的態度以大律師自居，態度囂張影衰律師，現時黃浩銘等待研訊結果，並祝馬恩國好運。

http://hk.apple.nextmedia.com/realtime/news/20130718/51569868

2013年7月18日 蘋果日報 即時新聞 (Apple Daily, Instant News, July 18th, 2013)

馬恩國受紀律研訊 - 湯家驊：大狀侮辱別人不能接受

身為執業大律師的民建聯馬恩國 (Barrister Lawrence Ma) 年初在立會爆粗，辱罵政見迥異的社民連梁國雄，社民連黃浩銘早前向大律師公會投訴，不過曾任大律師公會審裁組召集人十多年的公民黨湯家驊表示，相信馬恩國當日表現不致令他除牌，或會被公會譴責。

湯家驊指出，審裁組由一位資深大律師、一位普通大律師，及一位業界以外公眾人士組成聆訊委員會展開聆訊。大律師公會將聘請一律師行轉介的一名大律師作檢控方，提出檢控的罪行相信為「Conduct unbecoming」，即在公眾場所作出不恰當行為，令行業蒙羞：「一般人對大狀期望都係比較講道理，唔會喺公眾場所用一啲粗言污語，去侮辱意見唔同嘅人，唔係可以簡單接受嘅行為。」

http://billsiu.blogspot.hk/2013/07/blog-post_19.html

立會爆粗馬恩國紀律聆訊


【明報專訊】如果讀者好記性，相信都會記得民建聯成員、執業大律師馬恩國 (Counsel, Lawyer and Barrister Lawrence Y K Ma)，喺今年2月出席立法會公聽會時，同社民連梁國雄鬧交，當時仲爆出喊出「Bloody Chinese」、「You are not even a fxxking Chinese」等冒犯性字句，事後社民連成員黃浩銘，以及黃毓民議員助理周峻翹，分別去信大律師公會投訴，事隔數月，大律師公會回覆話會展開紀律聆訊。投訴者覺得馬恩國身為大律師，作出粗鄙、帶有歧視及侮辱言論，係嚴重違反公會行為守則等。

話非以「大律師」開會 唔覺失當

馬恩國話，自己已就事件道歉，又話當日係受到挑釁，因此比較情緒化、控制唔到自己講唔應該講嘅嘢，但當日佢唔係以大律師身分開會，唔覺得自己係專業失當。

(19/7/2013 明報)

我以前為馬恩國寫了5篇 (You are not even a fxxxing Chinese ：The Fxxxing Barrister 、The Fxxxing Barrister, part II 、The Fxxxing Barrister, part III 、香煙戰爭 及 香煙戰爭續篇)，其中The Fxxxing Barrister, part III 講到他違反香港大律師公會專業守則第6(b)條：

6. It is the duty of every barrister
(a) .........

(b) not to engage in conduct (whether in pursuit of his profession or otherwise) which is dishonest or which may otherwise bring the profession of barrister into disrepute, or which is prejudicial to the administration of justice;

就算當日並非以大律師身分出席立法會，罵「長毛」時卻一再強調自己是「大」律師，很明顯使大律師行業蒙羞，現在又要死撐，分割這一度使他自滿得頭昏腦脹的驕人身分。可能他看漏了眼，香港大律師公會專業守則第6(b)條包含(whether in pursuit of his profession or otherwise)等字眼，不管你當時是否行使大律師的身分，同樣受約束。偷女人內衣的另一位馬大律師，犯案時也不是帶着假髮穿着律師袍，那他就不用受處分嗎？事實上他沒有受處分，因為他自動除名。馬恩國大律師 (Lawyer, Counsel and Barrister Lawrence Ma) 藉此開脫，休想!另外，他又講當日受到挑釁(provoke)，因此比較情緒化。好心喇，provocation只是求情理由，provocation 用作抗辯，只可以在謀殺罪應用，温下書喇大律師。