Announcement of the case today determines their fate, Kelvin Kwan and Jill Vidal may face charges wh

Discussion in 'Chinese Entertainment' started by Maverick, Mar 16, 2009.

  1. Maverick

    Maverick Lord Vader

    Announcement of the case today determines their fate, Kelvin Kwan and Jill Vidal may face charges when they return to Hong Kong

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    Kelvin Kwan and Jill Vidal’s urine test showed the presence of cannabis and ‘other things’, this caused them to fall into a place beyond redemption. A barrister familiar with the Japanese law, Mr Lam (林沙文) pointed out, because Kelvin admitted he brought the cannabis from Hong Kong to Japan, when they return to Hong Kong they may face charges, they are now dealing with more and more problems!
    Kelvin and Jill have been detained in Japan for 21 days, their record companies already received notices from Japan, their urine test showed the presence of marijuana and ‘other things’, 日本警備廳 (Japan Security Agency) may announce as soon as today details of the case.
    According to barrister Lam who is familiar with Japanese law, normal detention period is 23 days. In the case of a foreigner, if there is enough evidence and they decide to prosecute, the suspects may immediately be taken by prison van from the detention center to stand trial in court, if they plead guilty, basically the judge can make a ruling right away. According to past drug possession cases of Japanese artistes, they maybe sentenced to between 6 and 10 months in jail, but generally put on 3 years probation, if they do not need to be deported, they can leave Japan immediately at their own expense. If they do not commit the same offense in Japan during the next 3 years, they will finish their probation and can then enter and exit Japan freely. It is known that Kelvin, Jill and the Japanese government have asked lawyers to handle their case.

    Mr Lam also said, if traces of other narcotic drugs such as ketamine, ecstasy and heroin are found, then they face additional charges in Japan under 覺醒劑取締法 (Stimulant Drug Control Law), but he pointed out that it is hard to ascertain the amount taken or possessed, if the amount is small, even if charged this will have little impact on sentencing, and the sentences usually run concurrently.


    Families will not go to Japan
    However, even if Kelvin and Jill can return to Hong Kong smoothly, Mr Lam pointed out that they may have to take responsibility under Hong Kong legal system: “As far as I know, Kelvin admitted to bringing cannabis to Japan, generally speaking, he cannot be convicted for smuggling even if he pleads guilty. But if he acknowledges that he brought it from Hong Kong, Hong Kong has a drug trafficking law, taking narcotics out of the country, bringing in and giving drugs to friends, can all be charged. In addition, Hong Kong and Japan media have made this into a high profile story, when they return to Hong Kong they maybe arrested. Although according to Hong Kong Human Rights Act, a person cannot be tried twice for the same offense, but if Kelvin admits to bringing marijuana into Japan, then he can be arrested according to the above rule!” But another lawyer Mr Wong (黃國桐) believed that the same case cannot be tried twice, also because the confession was made in Japan and cannot be used again in Hong Kong, due to insufficient evidence, he believed that they will not be prosecuted upon their return.
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    Kelvin and Jill’s fate will be decided today, but vice president of Universal Music (Kelvin’s record company), Mr Wong (黃劍濤) said he will not dispatch anyone to Japan, to his knowledge, Kelvin’s family will also not go to Japan to wait for the news. Jill’s record company, AMusic did not respond by the publishing deadline, but the day before yesterday they expressed that they will not send anyone to Japan, it is believed that they will have to wait for their sentencing alone.


    Source: The title and content were directly translated from The Sun
    Translated by travelbug @ http://asianfanatics.net
     
  2. Maverick

    Maverick Lord Vader

    Well, tough luck for Jill or Kelvin fans, since their company will terminate their contracts if guilty.
     
  3. kdotc

    kdotc 안녕하세요빅뱅K-Dragon입니다

    come back to north america.......smoke all day everyday
     
  4. w10_chi24

    w10_chi24 Well-Known Member

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    psssh .. u will see Kelvin Kwan after awhile ....