Designated National Security Law Judges | |||||||||
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Chinese | 國安法指定法官 | ||||||||
Literal meaning | national security law designated judges | ||||||||
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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]
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 And the designation can be withdrawn if a designated judge makes any statement or acts in any way that is considered endangering national security.
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] [12] | Court of First Instance | |
20 | Stanley Chan Kwong-chi [13] | District Court | |
21 | Amanda Jane Woodcock [14] | District Court | |
22 | Kwok Wai-kin [15] | District Court | |
23 | Adriana Noelle Tse Ching [5] | District Court | |
24 | Ernest Lin Kam-hung | District Court | |
25 | Amy Chan Wai-mun [16] | District Court | |
26 | Ada Yim Shun-yee [5] | District Court | |
27 | Victor So Wai-tak [17] | Magistrates' Court | Chief Magistrate |
28 | Don So Man-lung [18] | Magistrates' Court | Principal Magistrate (Eastern) |
29 | Ivy Chui Yee-mei | Magistrates' Court | Principal Magistrate (West Kowloon) |
30 | Veronica Heung Shuk-han [19] | Magistrates' Court | |
31 | Andy Cheng Lim-chi [5] | Magistrates' Court |
Judges | Corresponding Courts | Retired | Notes |
---|---|---|---|
Geoffrey Ma [20] | 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 [17] | Magistrates' Court | October 2023 |
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...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.
The appeal will be heard by five judges, Chief Justice Andrew Cheung, Judges Roberto Ribeiro, Joseph Fok, Patrick Chan, and Frank Stock.
" 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.
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。
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.
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」。
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。
All his works would be handled by magistrate Peter Law Tak-Chuen temporarily.
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。