It was by the advice of Scarlett, Lord Abinger, that he ventured to aim at the repeal of all statutes punishing mere theft with death; but, deeming it hopeless to urge their abolition all at once, he resolved to begin with that famous statute of Elizabeth which made it a capital crime to steal a handkerchief or anything else from the person of another which was of the value of a shilling. His bill to effect this[60] passed both Houses the same year it was introduced (1808), in spite of the strong opposition of the great legal dignitaries in either House. The statute was based, said Judge Burton, on the experience of two and a half centuries. The alternative punishment of transportation for seven years, said the Attorney-General, would be too short; it should be for more years than seven, if not for life. If any change of punishment were necessary, said Lord Ellenborough, it should be transportation for life.
It is against crimes affecting the person that punishments are most desirable and their vindictive character most justly displayed. Personal violence calls for personal detention or personal chastisement;[102] and the principle of analogy in punishment is most appropriate in the case of a man who maltreats his wife or abuses his strength against any weakness greater than his own. Punishment in such cases is a demand of natural justice, whether anyone is affected by the example or not, and whether or not the man himself is improved by it. Not only is it the best means of enforcing that personal security which is one of the main functions of the State, but it is an expression of that sense of moral reprobation which is so necessary to the good order of society.
ONE:That Penology is still only in its experimental stage as a science, in spite of the progress it has made in recent times, is clear from the changes that are so constantly being made in every department of our penal system. We no longer mutilate nor kill our criminals, as our ancestors did in the plenitude of their wisdom; we have ceased to transport them, and our only study now is to teach them useful trades and laborious industry. Yet whether we shall better bring them to love labour by compulsory idleness or by compulsory work, whether short imprisonment or long is the most effective discipline, whether seclusion or association is least likely to demoralise them, these and similar questions have their answers in a quicksand of uncertainty. This only may experience be said to have yet definitely proved, that very little relation exists in any country between the given quantity of crime and the quantity or severity of punishment directed to its prevention. It has taken thousands of years to establish this truth, and even yet it is but partially recognised over the world.
ONE: Some remnants of the laws of an ancient conquering people, which a prince who reigned in Constantinople some 1,200 years ago caused to be compiled, mixed up afterwards with Lombard rites and packed in the miscellaneous volumes of private and obscure commentatorsthese are what form that set of traditional opinions which from a great part of Europe receive nevertheless the name of laws; and to this day it is a fact, as disastrous as it is common, that some opinion of Carpzovius, some old custom pointed out by Clarus, or some form of torture suggested in terms of complacent ferocity by Farinaccius, constitute the laws, so carelessly followed by those, who in all trembling ought to exercise their government over the lives and fortunes of men. These laws, the dregs of the most barbarous ages, are examined in this book in so far as regards criminal jurisprudence, and I have dared to expose their faults to the directors of the public happiness in a style which may keep at[112] a distance the unenlightened and intolerant multitude. The spirit of frank inquiry after truth, of freedom from commonplace opinions, in which this book is written, is a result of the mild and enlightened Government under which the Author lives. The great monarchs, the benefactors of humanity, who are now our rulers, love the truths expounded, with force but without fanaticism, by the obscure philosopher, who is only roused to indignation by the excesses of tyranny, but is restrained by reason; and existing abuses, for whosoever well studies all the circumstances, are the satire and reproach of past ages, and by no means of the present age or of its lawgivers.In the first place, our public works prisons, however excellent for their material results, are so many schools of crime, where for the one honest trade a man learns by compulsion he acquires a knowledge of three or four that are dishonest. I have become acquainted, says a released convict, with more of what is bad and evil, together with the schemes and dodges of professional thieves and swindlers, during the four years I served the Queen for nothing, than I should have done in fifty years outside the prison walls. The association rooms at Dartmoor are as bad as it is possible for anything to be they are really class-rooms in the college of vice, where all are alike students and professors. The present system in most instances merely completes the mans vicious and criminal education, instead of in the slightest degree reforming him.[56] It has been attempted in various ways to obviate this difficulty, by diminishing opportunities of companionship; but the real demoralisation of prison life is probably due less to the actual contact of bad men with one another than to the deadened sense of criminality which they derive from the feeling of numbers, just as from the same cause the danger of drowning is forgotten on the ice. Prisoners in gangs lose all shame of crime, just as men in armies forget their native horror of murder.
Guiding our corporate vision for success
HKBN is steered by a Board of Directors that intermingles a range of expert abilities for visionary thinking. Our board consists of eight Directors, comprising two Executive Directors, three Non-executive Directors and three Independent Non-executive Directors.
Bradley Jay HORWITZ
Chairman and Independent Non-executive Director
Bradley Jay HORWITZ was appointed as the Chairman and an Independent Non-executive Director of the Company on 6 February 2015. In 2005, Mr. Horwitz founded Trilogy International Partners and has served as president and chief executive officer since it was established.
Bradley Jay HORWITZ was appointed as the Chairman and an Independent Non-executive Director of the Company on 6 February 2015. In 2005, Mr. Horwitz founded Trilogy International Partners and has served as President and Chief Executive Officer since it was established. Trilogy International Partners was established to acquire wireless international assets in Haiti and Bolivia and to develop additional international wireless assets, primarily in South America and the Caribbean. Prior to establishing Trilogy International Partners, Mr. Horwitz served as President of Western Wireless International, having founded the company in 1995 while also serving as an Executive Vice President of Western Wireless Corporation. Previously, he was a founder and Chief Operating Officer of SmarTone Mobile Communications Limited. Mr. Horwitz graduated from San Diego State University, U.S. with a Bachelor of Science Degree in 1978.
Chu Kwong YEUNG (William YEUNG)
Executive Director
Chu Kwong YEUNG is the Executive Vice-chairman of the Group and an Executive Director of the company. Mr. Yeung joined the Group in October 2005 as Chief Operating Officer and became Executive Vice-chairman in September 2018.
Chu Kwong YEUNG is the Executive Vice-chairman of the Group and an Executive Director of the company. Mr. Yeung joined the Group in October 2005 as Chief Operating Officer, responsible for overseeing customer engagement, relationship management and network development. In November 2008, he was appointed as Chief Executive Officer and became Executive Vice-chairman in September 2018. Prior to joining the Group, Mr. Yeung was Director of Customers Division at SmarTone Mobile Communications Limited, and served as a police inspector with the Hong Kong Police Force. Mr. Yeung holds a Bachelor of Arts Degree from Hong Kong Baptist University, a Master of Business Administration Degree from the University of Strathclyde, U.K., and a Master of Science Degree in Electronic Commerce and Internet Computing from The University of Hong Kong. Mr. Yeung was recognised as Champion of Human Resources by The Hong Kong HRM Awards 2010. Mr. Yeung is one of our proud Co-Owners.
Ni Quiaque LAI (NiQ LAI)
Executive Director
Ni Quiaque LAI (NiQ LAI) is the Chief Executive Officer of the Group, and an Executive Director of the company. Mr. Lai joined the Group in May 2004. He has rich experience in the telecommunications, research and finance industries, and is passionate about developing HKBN Talents because he believes if you get the people right, the company will do great. Prior to joining the Group, Mr. Lai was an analyst and the Director and Head of Asia Telecom Research for Credit Suisse, where he was involved in numerous global fund raising initiatives for Asian telecom carriers.
Ni Quiaque LAI (NiQ LAI) is the Chief Executive Officer of the Group, and an Executive Director of the company. Mr. Lai joined the Group in May 2004. He has rich experience in the telecommunications, research and finance industries, and is passionate about developing HKBN Talents because he believes if you get the people right, the company will do great. Prior to joining the Group, Mr. Lai was an analyst and the Director and Head of Asia Telecom Research for Credit Suisse, where he was involved in numerous global fund raising initiatives for Asian telecom carriers. Mr. Lai holds a Bachelor of Commerce Degree from the University of Western Australia, and an Executive Master of Business Administration Degree from Kellogg-HKUST, Hong Kong. He is a Fellow member of the Hong Kong Institute of Certified Public Accountants (HKICPA) and CPA Australia. In March 2016, he was recognised as Best CFO by FinanceAsia Survey of Asia's Best Companies 2016 (Hong Kong). Mr. Lai is one of our proud Co-Owners.
Deborah Keiko ORIDA
Non-executive Director
Deborah Keiko ORIDA was appointed as a Non-executive Director and a member of the Nomination Committee of the Company on 20 November 2015. Ms. Orida is the Senior Managing Director & Global Head of Active Equities at Canada Pension Plan Investment Board (“CPPIB”), a substantial shareholder (as defined in Part XV of the Securities and Futures Ordinance) of the Company.
Deborah Keiko ORIDA was appointed as a Non-executive Director and a member of the Nomination Committee of the Company on 20 November 2015. Ms. Orida is the Senior Managing Director & Global Head of Active Equities at Canada Pension Plan Investment Board (“CPPIB”), a substantial shareholder (as defined in Part XV of the Securities and Futures Ordinance) of the Company. Ms. Orida joined CPPIB in 2009 in Toronto and has held senior leadership roles, including Managing Director, Head of Relationship Investments International, covering Europe and Asia, and was most recently Managing Director and Head of Private Equity Asia. Ms. Orida is responsible for leading Active Fundamental Equities, Relationship Investments, Thematic Investing, Fundamental Equities Asia and Sustainable Investing. Prior to joining CPPIB, Ms. Orida was an investment banker at Goldman Sachs & Co. in New York and Toronto where she advised management teams and boards on mergers and acquisitions and financing transactions. Prior to Goldman Sachs & Co., Ms. Orida was a securities lawyer at Blake, Cassels & Graydon in Toronto. Ms. Orida previously served on the Board of Directors of Nord Anglia Education and the Board of Directors of the Investment Committee of the Bridgepoint Health Foundation and was the Chair of the Board of Directors of Vitalhub Corp., a mobile healthcare startup company. Ms. Orida holds a Master of Business Administration from The Wharton School and a Bachelor of Laws and a Bachelor of Arts from Queen’s University, Canada.
Zubin Jamshed IRANI
Non-executive Director
Zubin Jamshed IRANI was appointed as a Non-executive Director, a member of the Audit Committee and a member of Remuneration Committee of the Company on 30 April 2019. Mr. Irani is a Partner with TPG Capital and leads the Asia Operations Group. He brings over 20 years' experience in building strong teams, driving performance and managing change within businesses.
Zubin Jamshed IRANI was appointed as a Non-executive Director, a member of the Audit Committee and a member of Remuneration Committee of the Company on 30 April 2019. Mr. Irani is a Partner with TPG Capital and leads the Asia Operations Group. He brings over 20 years' experience in building strong teams, driving performance and managing change within businesses. At TPG Capital, Mr. Irani has worked in the consumer, healthcare, financial services, telecom and technology sectors. Prior to TPG Capital, Mr. Irani was with United Technologies Corporation ("UTC") where he led the business in India which included Carrier Air-conditioning and Refrigeration, Otis Elevators and UTC Fire & Security. Mr. Irani started his career at McKinsey & Company and worked in the Cleveland, Detroit, Copenhagen and Mumbai offices, serving several multi-national clients with a focus on automotive, industrial and post merger management. Mr. Irani holds a Masters in Materials Science and Engineering from Massachusetts Institute of Technology, U.S. and a Bachelor of Technology in Materials Engineering from Indian Institute of Technology Kanpur, India.
Teck Chien KONG
Non-executive Director
Teck Chien KONG was appointed as a Non-executive Director and a member of the Nomination Committee of the Company on 30 April 2019. Mr. Kong is a Partner at MBK Partners and is based in Hong Kong. With extensive investment experiences in both the telecommunication and media industries, he has led MBK Partners’ investments in WTT Holding Corp, China Network Systems Co., Ltd. and Gala TV Corp.
Teck Chien KONG was appointed as a Non-executive Director and a member of the Nomination Committee of the Company on 30 April 2019. Mr. Kong is a Partner at MBK Partners and is based in Hong Kong. With extensive investment experiences in both the telecommunication and media industries, he has led MBK Partners’ investments in WTT Holding Corp, China Network Systems Co., Ltd. and Gala TV Corp. Prior to MBK Partners, Mr. Kong spent five years at Carlyle Asia Partners, where he was Vice President and co-head of the Singapore office, and three years in the investment banking division at Salomon Smith Barney in New York and Hong Kong. Mr. Kong currently serves on the Board of Directors of Apex International Corporation, Teamsport Topco Limited and Siyanli Co. Ltd., and has experience serving on Board of Directors of Beijing Bowei Airport Support Limited, China Network Systems Co., Ltd., Gala TV Corp., GSE Investment Corporation, Luye Pharma Group Ltd and WTT HK Limited. Mr. Kong holds a Bachelor of Business Administration from the University of Michigan Business School, U.S., and has completed an executive management programme at Harvard Business School, U.S..
Stanley CHOW
Independent Non-executive Director
Stanley CHOW was appointed as an Independent Non-executive Director of the Company on 6 February 2015. Mr. Chow has over 21 years of experience as a corporate lawyer in Hong Kong and Canada, including more than 18 years of expertise in dealing with the Stock Exchange's Listing Rules during his time in private practice and as a senior manager at the Stock Exchange's Listing Division.
Stanley CHOW was appointed as an Independent Non-executive Director of the Company on 6 February 2015. Mr. Chow has over 21 years of experience as a corporate lawyer in Hong Kong and Canada, including more than 18 years of expertise in dealing with the Stock Exchange's Listing Rules during his time in private practice and as a senior manager at the Stock Exchange's Listing Division. Mr. Chow was a partner in the Hong Kong office of Latham & Watkins, an international law firm, from March 2009 to February 2014. Prior to joining Latham & Watkins, Mr. Chow practised law with Allen & Overy, from November 1996 to January 2009 where he was a partner in its Hong Kong office for over 8 years. As a corporate lawyer in Hong Kong, Mr. Chow has advised on a broad range of corporate finance and mergers and acquisitions transactions. Prior to his time in private practice, he was a senior manager in the Stock Exchange's Listing Division from May 1995 to October 1996 and also practised law with Canadian law firms in Hong Kong and Canada. Mr. Chow is a member of The Law Society of Hong Kong's Company Law Committee and was admitted as a solicitor in Hong Kong in 1995 and in England and Wales in 1994. He was also admitted as a barrister and solicitor in British Columbia, Canada in 1994 and in Ontario, Canada in 1991. Mr. Chow graduated from Queen's University, Canada with a Bachelor of Commerce (Honours) Degree and holds a Juris Doctor from the University of Toronto, Canada.
Quinn Yee Kwan LAW, SBS, JP
Independent Non-executive Director
Quinn Yee Kwan LAW, SBS, JP, was appointed as an Independent Non-executive Director of the Company on 6 February 2015. Mr. Law currently serves as the Deputy Chairman of Professional Conduct Committee of the Hong Kong Institute of Certified Public Accountants, and is an advisor of the Hong Kong Business Accountants Association.
Quinn Yee Kwan LAW, SBS, JP, was appointed as an Independent Non-executive Director of the Company on 6 February 2015. Mr. Law currently serves as the Deputy Chairman of Professional Conduct Committee of the Hong Kong Institute of Certified Public Accountants, and is an advisor of the Hong Kong Business Accountants Association which he was previously the Director and the Vice President of such Association. Mr. Law is currently an Independent Nonexecutive Director of Bank of Tianjin Co., Ltd. (stock code:1578) and ENN Energy Holdings Limited (stock code: 2688), both of which are listed on the Main Board of the Stock Exchange. From 1 August 2012 to 31 July 2018, Mr. Law was a council member cum Audit Committee Chairman at the Hong Kong University of Science and Technology. From 1 March 2008 to 28 February 2013, Mr. Law was the Deputy Chairman and the Managing Director of the Urban Renewal Authority, a statutory organisation in Hong Kong. Mr. Law is a Fellow of the Hong Kong Institute of Certified Public Accountants and is also a Fellow of the Association of Chartered Certified Accountants. He was admitted as an Associate of the Institute of Chartered Secretaries and Administrators on 11 November 1980. In view of Mr. Law’s experience in reviewing or analysing audited financial statements of private and public companies, the Directors believe that Mr. Law has the appropriate accounting or related financial management expertise for the purposes of Rule 3.10 of the Listing Rules.
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The most successful adoption of Beccarias principles of punishment occurred in Tuscany, under the Grand Duke Leopold. When he ascended the ducal throne, the Tuscans were the most abandoned people of all Italy. Robberies and murders were none the less frequent for all the gallows, wheels, and tortures which were employed to repress them. But Leopold in 1786 resolved to try Beccarias plan, for which purpose he published a code, proportioning punishments to crimes, abolishing mutilation and torture, reducing the number of acts of treason, lessening confiscations, destroying the right of asylum, and above all abolishing capital punishment even for murder. The result was, says a contemporary, that Tuscany, from having been the land of the greatest crimes and villanies, became the best ordered State of Europe.[22] During twenty years only five murders were committed in Tuscany, whilst at Rome, where death continued to be inflicted with great pomp, as[36] many as sixty were committed within the space of three months.[23] From political morality, unless founded on the immutable sentiments of mankind, no lasting advantage can be hoped. Whatever law deviates from these sentiments will encounter a resistance which will ultimately prevail over it, just in the same way as a force, however slight, if constantly applied, will prevail over a violent motion applied to any physical body. There was a time when nearly all penalties were pecuniary. Mens crimes were the princes patrimony; attempts against the public safety were an object of gain, and he whose function it was to defend it found his interest in seeing it assailed. The object of punishment was then a suit between the treasury, which exacted the penalty, and the criminal: it was a civil business, a private rather than a public dispute, which conferred upon the treasury other rights than those conferred upon it by the calls of the public defence, whilst it inflicted upon the offender other grievances than those he had incurred by the necessity of example. The judge was, therefore, an advocate for the treasury rather than an impartial investigator of the truth, an agent for the Chancellor of the Exchequer rather than the protector and minister of the laws. But as in this system to confess a fault was the same thing as to confess oneself a debtor to the treasury, that being the object of the criminal procedure in those days, so the confession of a crime, and a confession so managed as to favour and not to hurt fiscal interests, became and still remains (effects always outlasting their causes so long) the centre[241] point of all criminal procedure. Without such confession a criminal convicted by indubitable proofs will incur a penalty less than the one legally attached to his crime; and without it he will escape torture for other crimes of the same sort which he may have committed. With it, on the other hand, the judge becomes master of a criminals person, to lacerate him by method and formality, in order to get from him as from so much stock all the profit he can. Given the fact of the crime as proved, confession affords a convincing proof; and, to make this proof still less open to doubt, it is forcibly exacted by the agonies and despair of physical pain; whilst at the same time a confession that is extra-judicial, that is tendered calmly and indifferently, and without the overpowering fears of a trial by torture, is held insufficient for a verdict of guilt. Inquiries and proofs, which throw light upon the fact, but which weaken the claims of the treasury, are excluded; nor is it out of consideration for his wretchedness and weakness that a criminal is sometimes spared from torture, but out of regard for the claims which this entity, now mythical and inconceivable, might lose. The judge becomes the enemy of the accused, who stands in chains before him, the prey of misery, of torments, and the most terrible future; he does not seek to find the truth of a fact, but to find the crime in the prisoner, trying to entrap him, and thinking it to the loss of his own[242] credit if he fail to do so, and to the detriment of that infallibility which men pretend to possess about everything. The evidence that justifies a mans imprisonment rests with the judge; in order that a man may prove himself innocent, he must first be declared guilty: that is called an offensive prosecution; and such are criminal proceedings in nearly every part of enlightened Europe, in the eighteenth century. The real prosecution, the informative onethat is, the indifferent inquiry into a fact, such as reason enjoins, such as military codes employ, and such as is used even by Asiatic despotism in trivial and unimportant casesis of very scant use in the tribunals of Europe. What a complex maze of strange absurdities, doubtless incredible to a more fortunate posterity! Only the philosophers of that time will read in the nature of man the possible actuality of such a system as now exists.By the same rule, in the case of theft, the value of the thing stolen, with some equivalent for the trouble of its recovery, taken from the offender or made a lien on his earnings, appears to be all that justice can demand. Sir Samuel Romilly, himself second to none as a lawyer, wrote seventy years ago: If the restitution of the property stolen, and only a few weeks or even but a few days imprisonment were the unavoidable consequence of theft, no theft would ever be committed. Yet the following sentences are taken[85] at random from authentic English sources: three months imprisonment for stealing a pipe, six months for stealing a penny, a twelvemonth for stealing an umbrella, five years penal servitude for stealing some stamps from a letter, seven years for stealing twopence. In such cases the principle of vindictiveness exceeds the limits of necessity, and therefore of justice; whilst the law loses all its dignity as the expression of unimpassioned resentment.It is not useless to repeat what others have written, namely, that the best method of preventing this crime is to punish the aggressorin other words, the man who gives rise to the dueldeclaring him to be innocent who without his own fault has been constrained to defend that which existing laws do not assure to him, that is, opinion. It is a great point in every good system of laws to determine exactly the credibility of witnesses and the proofs of guilt Every reasonable manthat is, every man with a certain connection between his ideas and with feelings like those of other menis capable of bearing witness. The true measure of his credibility is only the interest he has in speaking or in not speaking the truth; so that nothing can be more frivolous than to reject the evidence of women on the pretext of their feebleness, nothing more childish than to apply the results of real death to civil death as regards the testimony of the condemned, nothing more unmeaning than to insist on the mark of infamy in the infamous when they have no interest in lying.
