Designated national security law judges

From Justapedia, unleashing the power of collective wisdom
Jump to navigation Jump to search

Designated National Security Law Judges
Chinese國安法指定法官
Literal meaningnational security law designated judges

In Hong Kong, designated national security law judges are incumbent magistrates or judges who are further appointed by the Chief Executive to handle national security offence cases at various levels of the court system.[1] Judges without the designation by the Chief Executive are not allowed to handle these cases.[1]

Designation

The Standing Committee of the National People's Congress of China enacted the Hong Kong national security law on 30 June 2020. Paragraph 3 of Article 44 of the law requires national security offence cases to be handle by "designated judges".[1]

According to the law, the Chief Executive should designate judges from incumbent magistrates and judges from each level of the court system to handle national security offence cases. Prior to granting the designation, the Chief Executive may consult the Chief Justice and the Committee for Safeguarding National Security. The tenure of office as a designated judge is one year.

Moreover, the Chief Executive is required by the law to not grant the designation to those who have "made any statement or behaved in any manner endangering national security". And the designation can be withdrawn if a designated judge makes any statement or acts in any way that is considered endangering national security.

List of known judges

The complete list of designated judges is not made available to the public as the government believes such revelation poses security threats to the designated judges.[2] However when individual national security cases go through various legal proceedings in open court, the press and the public find out who the presiding designated judges are. Yet, those judges who have been designated but have not yet resided in open court on any national security case are not known to the public. The exact dates of the start and the end of the designation are also unknown to the public.

Here is a table of publicly known current and former designated judges and magistrates:[2]

Judges Corresponding Courts Notes
Andrew Cheung[3] Court of Final Appeal Chief Justice
Roberto Ribeiro[3] Court of Final Appeal
Joseph Fok[3] Court of Final Appeal
Patrick Chan[3] Court of Final Appeal Non-permanent Judge
Frank Stock[3] Court of Final Appeal Non-permanent Judge
Johnson Lam[4] Court of Appeal; Court of Final Appeal
Jeremy Poon[4] Court of Appeal Chief Judge
Derek Pang[5] Court of Appeal
Esther Toh Lye-ping[6] Court of First Instance
Anthea Pang Po-kam[6] Court of First Instance; Court of Appeal
Anderson Chow Ka-ming[7] Court of Appeal
Wilson Chan Ka-shun[6] Court of First Instance
Susana Maria D'Almada Remedios[8] Court of First Instance
Alex Lee Wan-tang[7] Court of First Instance
Andrew Chan Hing-wai[9] Court of First Instance
Johnny Chan Jong-herng[9] Court of First Instance
Stanley Chan Kwong-chi[10] District Court
Amanda Jane Woodcock[11] District Court
Kwok Wai-kin[12] District Court
Victor So Wai-tak[13] Chief Magistrate
Don So Man-lung[14] Magistrate
Peter Law Tak-chuen[13] Magistrate

Retired judges

Judges Corresponding Courts Notes
Geoffrey Ma[15] Court of Final Appeal Ma retired from the bench in January 2021
Wally Yeung[4] Court of Appeal Yeung retired from the bench in August 2021

References

  1. ^ a b c "The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region" (PDF).{{cite web}}: CS1 maint: url-status (link)
  2. ^ a b Center for Asian Law. "Hong Kong's National Security Law and the Right to a Fair Trial" (PDF). Georgetown University Law Center. p. 10. Archived (PDF) from the original on 17 October 2021. ...the Hong Kong government has refused to make the list of designated judges public, claiming that doing so could create security risks judges who have been so named.
  3. ^ a b c d e "Hong Kong leader appoints 3 more national security judges for appeal against media mogul Jimmy Lai's bail". Hong Kong Free Press. 28 January 2021. The appeal will be heard by five judges, Chief Justice Andrew Cheung, Judges Roberto Ribeiro, Joseph Fok, Patrick Chan, and Frank Stock.
  4. ^ a b c "HK court upholds decision for no jury at first national security trial". Reuters. 22 June 2021. Archived from the original on 10 September 2021. " Although jury trial is the conventional mode of trial in the Court of First Instance, it should not be assumed to be the only means of achieving fairness in the criminal process," according to a summary of the decision by judges Jeremy Poon, Wally Yeung and Johnson Lam.
  5. ^ "唐英傑案換法援「官派律師」　新代表律師合夥人曾是政協　劉偉聰被剔出案件". Hong Kong Citizen News (眾新聞) (in Chinese). 23 November 2021. 案件本周五早上9時半將在高等法院上訴庭進行指示聆訊，司法機構網頁一度標記「HC Judge 1」，到傍晚揭曉是上訴庭法官彭偉昌。
  6. ^ a b c "Landmark Hong Kong security trial wraps up in test for rule of law". Reuters. 20 July 2021. Archived from the original on 27 October 2021. The verdict will be delivered on July 27 by a panel of three judges; Esther Toh, Anthea Pang and Wilson Chan - who were picked by Hong Kong's pro-Beijing leader to hear national security cases.
  7. ^ a b "Hong Kong court rejects challenge to national security law's new bail rules". South China Morning Post. 21 August 2020. Retrieved 29 September 2022.
  8. ^ Leung, Hillary (17 August 2022). "National security trial for Hong Kong media mogul Jimmy Lai to proceed without jury - reports". Hong Kong Free Press HKFP. Retrieved 29 September 2022.
  9. ^ a b Standard, The. "Three activists who pleaded guilty in security case want sentencing before co-defendants’ trial". The Standard. Retrieved 29 September 2022.
  10. ^ "【國會報告】罕有點名批評港國安法官　斥司法機構獨立「虛有其名」". Radio Free Asia (in Chinese). Archived from the original on 20 November 2021. 本台發現，當中更罕有地點名批評多位國安法指定法官，包括法官陳廣池、裁判官蘇惠德、法官林文瀚，並詳列多宗國安法案件，連「羊村案」亦有提及，更直斥司法機構獨立是「虛有其名」。
  11. ^ "香港六四集會案：第二批被告人判刑　何俊仁等民主派元老監禁4至10個月". BBC (in Chinese). 15 September 2021. Archived from the original on 16 September 2021. 案件並非根據《香港國安法》起訴，但主審法官胡雅文是行政長官林鄭月娥根據該法選任的「國安法指定法官」。
  12. ^ "23歲理大男生擬認煽動他人分裂國家　涉「宣揚恐怖主義」4港大生需時申法援明年再訊". Hong Kong Citizen News (in Chinese). 28 October 2021. Archived from the original on 28 October 2021. 理工大學男學生呂世瑜涉利用住所作武器庫，收藏胡椒球彈及手槍等物品，被指違反國安法。案件今（28日）在區域法院提堂，辯方透露呂擬承認煽動他人分裂國家罪，其餘的無牌管有槍械罪及管有攻擊性武器罪，則獲控方不提證供起訴。法官郭偉健押後案件至明年2月25日答辯，被告期間繼續還柙。
  13. ^ a b "National security judge Victor So is on sick leave: Judiciary". The Standard (Hong Kong). 5 October 2021. Archived from the original on 5 October 2021. All his works would be handled by magistrate Peter Law Tak-Chuen temporarily.
  14. ^ "Bail denied for Hong Kong schoolgirl and 6 others charged with subversion". South China Morning Post. 29 September 2021. Retrieved 29 September 2022.
  15. ^ "大公文彙盛讚馬道立等三法官收押黎智英乃"眾望所歸"". Radio France Internationale (in Chinese). 2 January 2021. Archived from the original on 3 January 2021. 中共在港喉舌大公和文彙兩報對終審法院日前裁定再度收押涉嫌觸犯香港國安法的黎智英，是“正確決定，眾望所歸”，又對終院首席法官馬道立、常任法官張舉能和李義三人盛讚一番，形容裁決是“撥亂反正”的第一步。
Retrieved from "https://justapedia.org/index.php?title=Designated_national_security_law_judges&oldid=1113000578"