#LegCo
Pro-Beijing Lawmakers Only Take Favourable Legal Opinion in Legislative Council Meetings
At the controversial House Committee meeting in the Legislative Council on May 8, the pro-Beijing faction showed how they took in opinion that was favourable to the Establishment and refused to listen to different opinions.
Under these circumstances, the pro-Beijing fraction quoted barristers Benjamin Yu and Jenkin Suen's opinion that DAB chairperson Starry Lee had the right to preside over the afternoon meeting.
Pro-Beijing lawmaker Michael Luk Chung-hung of The Federation of Trade Unions pointed out that barrister Philip Dykes and legal professor Johannes Chan Man Mun are the "trump cards" of the pro democratic faction. Luk claimed their positions and answers made discussion meaningless. Beijing loyalist Junius Ho Kwan-yiu added that the internal meeting should be based on Yu's opinion, "Because he is a lot brighter than Philip Dykes."
Source: Stand News #May8
#Bias #BeijingLoyalist #StarryLee #DAB
Pro-Beijing Lawmakers Only Take Favourable Legal Opinion in Legislative Council Meetings
At the controversial House Committee meeting in the Legislative Council on May 8, the pro-Beijing faction showed how they took in opinion that was favourable to the Establishment and refused to listen to different opinions.
Under these circumstances, the pro-Beijing fraction quoted barristers Benjamin Yu and Jenkin Suen's opinion that DAB chairperson Starry Lee had the right to preside over the afternoon meeting.
Pro-Beijing lawmaker Michael Luk Chung-hung of The Federation of Trade Unions pointed out that barrister Philip Dykes and legal professor Johannes Chan Man Mun are the "trump cards" of the pro democratic faction. Luk claimed their positions and answers made discussion meaningless. Beijing loyalist Junius Ho Kwan-yiu added that the internal meeting should be based on Yu's opinion, "Because he is a lot brighter than Philip Dykes."
Source: Stand News #May8
#Bias #BeijingLoyalist #StarryLee #DAB
#Newspaper
Battle against tyranny: High Court judge Patrick Li barred from Anti-ELAB related hearings after signing Anti-Extradition petition
(28 May) On the eve of the 9 June demonstrations last year, High Court judge Patrick Li, who presides over the Court of First Instance, signed a joint press statement alongside more than three thousand alumni from the University of Hong Kong entitled, "We oppose deceitful policies, withdraw the Extradition Bill." The Judiciary later acknowledged that a judge was involved in the petition. Chief Justice Geoffrey Ma discussed the matter with the said judge, reminding him to refrain from letting similar issues to occur in the future. Today [28 May], Sing Tao Daily quoted the Judiciary that based on the Guide to Judicial Conduct, Li was to avoid handling cases that related to the petition's subject matter to prevent "apparent bias" from arising. This means he is barred from handling cases on Anti-ELAB [Anti-Extradition Law Amendment Bill].
According to the report, the Judiciary responded by quoting paragraphs 46 and 47 of the Guide to Judicial Conduct: "In practice, questions of disqualification are most likely to arise in relation to suggestions of the apparent bias", and "The apparent bias test may be stated as follows: A particular judge is disqualified from sitting if the circumstances are such as would lead a reasonable, fair-minded and well-informed observer to conclude that there is a real possibility that the judge would be biased." The above principles apply to scheduling cases at all levels of court. The Judiciary decided that when assigning cases for the Court of First Instance judge Patrick Li, he would not sit in cases related to the joint statement to avoid apparent bias.
On 1 Oct last year, Li handled the case of local actor Gregory Wong concerning the 1 July Legislative Council incident. Wong was detained by the police for approximately 36 hours. Li granted a writ of habeas corpus after trial and Wong was released at 7:50 pm on the same day.
Last month, District Judge Kwok Wai-kin's handling of the Lennon Wall attack case in Tseung Kwan O provoked controversy over his verdict where he praised the defendant's "noble virtue". Chief Justice Geoffrey Ma subsequently issued a statement that inappropriate or unnecessary expressions of political opinions by judges and judicial officers could harm their impartiality and credibility. He determined that Kwok should not sit in any cases surrounding such political issues for the time being. Currently, two judges in charge of criminal cases - Patrick Li and Kwok Wai-kin - are barred from hearings that involve Anti-ELAB due to personal conduct or remarks made in trial.
Source: Apple Daily
#PatrickLi #antiELAB #RuleOfLaw #Bias #Tyranny
Battle against tyranny: High Court judge Patrick Li barred from Anti-ELAB related hearings after signing Anti-Extradition petition
(28 May) On the eve of the 9 June demonstrations last year, High Court judge Patrick Li, who presides over the Court of First Instance, signed a joint press statement alongside more than three thousand alumni from the University of Hong Kong entitled, "We oppose deceitful policies, withdraw the Extradition Bill." The Judiciary later acknowledged that a judge was involved in the petition. Chief Justice Geoffrey Ma discussed the matter with the said judge, reminding him to refrain from letting similar issues to occur in the future. Today [28 May], Sing Tao Daily quoted the Judiciary that based on the Guide to Judicial Conduct, Li was to avoid handling cases that related to the petition's subject matter to prevent "apparent bias" from arising. This means he is barred from handling cases on Anti-ELAB [Anti-Extradition Law Amendment Bill].
According to the report, the Judiciary responded by quoting paragraphs 46 and 47 of the Guide to Judicial Conduct: "In practice, questions of disqualification are most likely to arise in relation to suggestions of the apparent bias", and "The apparent bias test may be stated as follows: A particular judge is disqualified from sitting if the circumstances are such as would lead a reasonable, fair-minded and well-informed observer to conclude that there is a real possibility that the judge would be biased." The above principles apply to scheduling cases at all levels of court. The Judiciary decided that when assigning cases for the Court of First Instance judge Patrick Li, he would not sit in cases related to the joint statement to avoid apparent bias.
On 1 Oct last year, Li handled the case of local actor Gregory Wong concerning the 1 July Legislative Council incident. Wong was detained by the police for approximately 36 hours. Li granted a writ of habeas corpus after trial and Wong was released at 7:50 pm on the same day.
Last month, District Judge Kwok Wai-kin's handling of the Lennon Wall attack case in Tseung Kwan O provoked controversy over his verdict where he praised the defendant's "noble virtue". Chief Justice Geoffrey Ma subsequently issued a statement that inappropriate or unnecessary expressions of political opinions by judges and judicial officers could harm their impartiality and credibility. He determined that Kwok should not sit in any cases surrounding such political issues for the time being. Currently, two judges in charge of criminal cases - Patrick Li and Kwok Wai-kin - are barred from hearings that involve Anti-ELAB due to personal conduct or remarks made in trial.
Source: Apple Daily
#PatrickLi #antiELAB #RuleOfLaw #Bias #Tyranny