Hong Kong national security judges

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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 And the designation can be withdrawn if a designated judge makes any statement or acts in any way that is considered endangering national security.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 presided 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]

No. Judges Corresponding Courts Notes
1 Andrew Cheung[3] Court of Final Appeal Chief Justice
2 Roberto Ribeiro[3] Court of Final Appeal
3 Joseph Fok[3] Court of Final Appeal
4 Patrick Chan[3] Court of Final Appeal Non-permanent Judge
5 Frank Stock[3] Court of Final Appeal Non-permanent Judge
6 Johnson Lam[4] Court of Appeal; Court of Final Appeal
7 Jeremy Poon[4] Court of Appeal Chief Judge
8 Susan Kwan Shuk-hing[5] Court of Appeal Vice President
9 Carlye Chu Fun-ling[5] Court of Appeal Vice President
10 Derek Pang[6] Court of Appeal
11 Anthea Pang Po-kam[7] Court of First Instance; Court of Appeal
12 Anderson Chow Ka-ming[8] Court of First Instance; Court of Appeal
13 Esther Toh Lye-ping[7] Court of First Instance
14 Wilson Chan Ka-shun[7] Court of First Instance
15 Susana Maria D'Almada Remedios[9] Court of First Instance
16 Alex Lee Wan-tang[8] Court of First Instance
17 Andrew Chan Hing-wai[10] Court of First Instance
18 Johnny Chan Jong-herng[10] Court of First Instance
19 Anna Lai Yuen-kee[11] Court of First Instance
20 Stanley Chan Kwong-chi[12] District Court
21 Amanda Jane Woodcock[13] District Court
22 Kwok Wai-kin[14] District Court
23 Adriana Noelle Tse Ching[5] District Court
24 Amy Chan Wai-mun[15] District Court
25 Ada Yim Shun-yee[5] Magistrates' Court; District Court
26 Victor So Wai-tak[16] Magistrates' Court Chief Magistrate
27 Don So Man-lung[17] Magistrates' Court
28 Veronica Heung Shuk-han[18] Magistrates' Court
29 Cheng Lim-chi[5] Magistrates' Court

Retired judges

Judges Corresponding Courts Retired Notes
Geoffrey Ma[19] Court of Final Appeal January 2021 Chief Justice
Wally Yeung[4] Court of Appeal August 2021 Vice-President
Joseph To Ho-shing Magistrates' Court April 2022
Peter Law Tak-chuen[16] Magistrates' Court October 2023

Congressional-Executive Commission on China

In May 2023, the CECC called on the US government to sanction 29 Hong Kong national security judges known to be involved in cases.[20] Hong Kong Bar Association chairman Victor Dawes said that any US sanctions against local judges could pose a "real threat" to the ability of the city to hire top-talent judges to combat a manpower shortage.[21]

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).
  2. ^ a b Wong, Lydia; Kellog, Thomas E.; Yan-ho Lai, Eric (28 June 2021). "Hong Kong's National Security Law and the Right to a Fair Trial" (PDF). Georgetown University Law Center. Center for Asian Law. 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 Candice Chau (28 January 2021). "Hong Kong leader appoints 3 more national security judges for appeal against media mogul Jimmy Lai's bail". Hong Kong Free Press. Archived from the original on 26 October 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 Abratique, Sharon (22 June 2021). "HK court upholds decision for no jury at first national security trial". Reuters. 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. ^ a b c d e "One City, Two Legal Systems: Hong Kong Judges' Role in Rights Violations Under the National Security Law". Practice Source. 10 May 2023. Archived from the original on 15 May 2023. Retrieved 15 May 2023.
  6. ^ "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。
  7. ^ 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.
  8. ^ 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.
  9. ^ 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.
  10. ^ a b Standard, The. "Three activists who pleaded guilty in security case want sentencing before co-defendants' trial". The Standard. Retrieved 29 September 2022.
  11. ^ "支聯會被指煽動顛覆案　2.19案件管理聆訊　由法官李運騰、陳仲衡、黎婉姬審理". The Witness. 14 February 2024.
  12. ^ Ho, Kelly (3 December 2020). "National security judge assigned to Hong Kong pro-democracy activist Tam Tak-chi's sedition case". Hong Kong Free Press. Retrieved 18 November 2022.
  13. ^ "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」。
  14. ^ "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。
  15. ^ "Rep. Young Kim, Colleagues Lead Hong Kong Sanctions Act | Representative Young Kim". youngkim.house.gov. 2 November 2023. Retrieved 7 November 2023.
  16. ^ 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.
  17. ^ "Bail denied for Hong Kong schoolgirl and 6 others charged with subversion". South China Morning Post. 29 September 2021. Retrieved 29 September 2022.
  18. ^ Chau, Candice (27 February 2023). "Ex-Hong Kong police officer convicted of sedition over comments over death of marine officer". Hong Kong Free Press HKFP. Retrieved 5 March 2023.
  19. ^ "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。
  20. ^ "One City, Two Legal Systems: Hong Kong Judges' Role in Rights Violations under the National Security Law | Congressional-Executive Commission on China". www.cecc.gov. Retrieved 15 May 2023.
  21. ^ Wu, Willa (11 September 2023). "Hong Kong Bar Association chief warns any US sanctions on judges pose 'real threat' to judiciary's hunt for top talent". South China Morning Post. Archived from the original on 15 December 2023. Retrieved 14 April 2024.
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