tag:blogger.com,1999:blog-3459094382106008140.post4592660662964617804..comments2024-03-28T16:48:55.464+11:00Comments on 標少札記: 誰為非禮受害人討回公道?標少http://www.blogger.com/profile/09140798187543833983noreply@blogger.comBlogger20125tag:blogger.com,1999:blog-3459094382106008140.post-3900796617039817662017-05-29T00:19:20.217+10:002017-05-29T00:19:20.217+10:00控方在上訴過程中, 已極力爭辯非禮定罪穩妥, 雖然MS以無恥方法拖延審訊, 也不影響定罪, 但上訴庭...控方在上訴過程中, 已極力爭辯非禮定罪穩妥, 雖然MS以無恥方法拖延審訊, 也不影響定罪, 但上訴庭認為MS的手法對被告造成嚴重不公, 才判上訴得直。這件案發生在幾年前, 被告一直受着不知結果如何的困擾, 已是極大懲罰, 控方也不尋求重審, 也算是公道的做法。標少https://www.blogger.com/profile/09140798187543833983noreply@blogger.comtag:blogger.com,1999:blog-3459094382106008140.post-48408361908338605502017-05-28T20:36:21.424+10:002017-05-28T20:36:21.424+10:00又係小市民唔明嘅法律邏輯
辯方律師出錯, 點解唔係發還重審, 而係被告無罪
咁樣即係以後任何罪行
只...又係小市民唔明嘅法律邏輯<br />辯方律師出錯, 點解唔係發還重審, 而係被告無罪<br />咁樣即係以後任何罪行<br />只要有錢包起一個辯方律師<br />俾佢玩一場大龍鳳後就包保冇罪Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3459094382106008140.post-88874688020011901772017-05-26T12:21:55.966+10:002017-05-26T12:21:55.966+10:00那是另一回事, 也不用動輒就提出誹謗訴訟。那是另一回事, 也不用動輒就提出誹謗訴訟。標少https://www.blogger.com/profile/09140798187543833983noreply@blogger.comtag:blogger.com,1999:blog-3459094382106008140.post-24578929234324390102017-05-26T02:43:18.970+10:002017-05-26T02:43:18.970+10:00加把黃傘就話自己係正義之師,其他的就是不義...
哈哈哈哈哈哈,為了律師會個位,可以去到幾盡?加把黃傘就話自己係正義之師,其他的就是不義...<br /><br />哈哈哈哈哈哈,為了律師會個位,可以去到幾盡?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3459094382106008140.post-73094925095987232262017-05-25T01:47:23.606+10:002017-05-25T01:47:23.606+10:00一丘之貉。一丘之貉。標少https://www.blogger.com/profile/09140798187543833983noreply@blogger.comtag:blogger.com,1999:blog-3459094382106008140.post-40313986886969010782017-05-25T01:46:06.742+10:002017-05-25T01:46:06.742+10:00Woody Allen 我對過好多次, 我可以同佢鬥惡鬥癲, 佢無乜着數, 當然是很久以前的事。 另...Woody Allen 我對過好多次, 我可以同佢鬥惡鬥癲, 佢無乜着數, 當然是很久以前的事。 另一個Alan又真係好鐘意告人。標少https://www.blogger.com/profile/09140798187543833983noreply@blogger.comtag:blogger.com,1999:blog-3459094382106008140.post-50583939488834261492017-05-25T01:18:21.742+10:002017-05-25T01:18:21.742+10:00大胆啦你,W ALLAN你都夠胆寫。
其實重有三二個人名想寫,包括S.C.。不過,都係唔好害埋你個b...大胆啦你,W ALLAN你都夠胆寫。<br />其實重有三二個人名想寫,包括S.C.。不過,都係唔好害埋你個blog比人告<br /><br />VLAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-3459094382106008140.post-55545023897362501192017-05-25T01:04:29.717+10:002017-05-25T01:04:29.717+10:00CF, thanks for pointing that out. Is that merely a...CF, thanks for pointing that out. Is that merely a recent practice? I'm so ignorant haha.<br /><br />Can quotas and remunerations explain the difference? Chan PJ once said that the JORC has never turned down any recommendations. It is indeed quite mysterious to have such a distinction.<br /><br />Happy Zenithhttps://www.blogger.com/profile/14648429420215157509noreply@blogger.comtag:blogger.com,1999:blog-3459094382106008140.post-74210439504259162362017-05-25T00:25:24.258+10:002017-05-25T00:25:24.258+10:00Zenith, there have been more than one DHCJ who are...Zenith, there have been more than one DHCJ who are practising solicitors: Nick Hunsworth from JSM and Kenneth Wong from WKLL. They are both solicitor advocates and the appointments are relatively new.<br /><br />PLK, your questions raise a very interesting issue. I'm indeed confused to see short term appointments of current practitioners as DHCJs. In the past, DHCJs seem to be always judicial officers, whether retired or acting up. Current practitioners can only be Recorders. The difference is crucial, because appointing a Recorder requires going through the JORC procedure but not DHCJ which only needs CJ's appointment to be gazetted. Why is there such a difference remains a mystery.CFnoreply@blogger.comtag:blogger.com,1999:blog-3459094382106008140.post-71810709676672932822017-05-24T23:56:57.927+10:002017-05-24T23:56:57.927+10:00I don't think there is any DHCJ who is a pract...I don't think there is any DHCJ who is a practising solicitor. Even the legal requirement of appointing DHCJ is not that strict, it is a convention that only these three types of people get appointed.<br /><br />1. Retired High Court Judges<br />2. Senior Counsel<br />3. District Judges<br /><br />Louis Tong is an exception.<br /><br />Back to the days when Yuen JA was appointed, juniors could be appointed as HC judges as well, but you can't see this in recent years.Happy Zenithhttps://www.blogger.com/profile/14648429420215157509noreply@blogger.comtag:blogger.com,1999:blog-3459094382106008140.post-85734781982043876922017-05-24T23:39:08.672+10:002017-05-24T23:39:08.672+10:00https://news.mingpao.com/ins/instantnews/web_tc/ar...https://news.mingpao.com/ins/instantnews/web_tc/article/20170524/s00001/1495623538918<br /><br />個隻何君狗又在吠叫⋯⋯<br /><br />TerryAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-3459094382106008140.post-27511877012430169992017-05-24T22:57:30.358+10:002017-05-24T22:57:30.358+10:00MS is such an arrogant moron who tried to abuse th...MS is such an arrogant moron who tried to abuse the judicial system by making a lot of applications which undoubtedly reflect that his knowledge of law is only superficial and shallow. He knows the jargon instead of the substance.<br /><br />I will find time to read the legco paper and make some observations. Thanks.標少https://www.blogger.com/profile/09140798187543833983noreply@blogger.comtag:blogger.com,1999:blog-3459094382106008140.post-64068339482191124352017-05-24T22:24:02.450+10:002017-05-24T22:24:02.450+10:00Bill,
Also worth mentioning is that MS displayed ...Bill,<br /><br />Also worth mentioning is that MS displayed utter disrespect for court prosecutors when he kept pointing to their lack of professional legal qualification (see paras 96, 105, 113, 183 & 247 of the judgment).<br /><br />By the way, do you mind sharing your thoughts on the issue of the future development of prosecution in magistracy? See relevant LegCo paper at http://www.legco.gov.hk/yr16-17/english/panels/ajls/papers/ajls20170522cb4-1022-7-e.pdf.<br /><br />IAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-3459094382106008140.post-13529481177014410892017-05-24T21:07:28.656+10:002017-05-24T21:07:28.656+10:00Thanks. I am loss.
PLK,
Deputy magistrate is ei...Thanks. I am loss. <br /><br />PLK,<br /><br />Deputy magistrate is either a magistrate who has worked till retirement and re-appointed as deputy to help out or private practitioner who has interest to develop a career in the judiciary and sits on a temporary basis to taste how it feels and pave the way for a permanent appointment. There is deputy special magistrate too. The difference between magistrate and special magistrate is jurisdiction. The appointment warrant of the special magistrate caps the maximum power to fine within $100,000 and no power to send people to prison.<br /><br />The Chief Magistrates decides the appointment of deputy magistrate and special magistrate.標少https://www.blogger.com/profile/09140798187543833983noreply@blogger.comtag:blogger.com,1999:blog-3459094382106008140.post-75795790753545695232017-05-24T20:56:10.000+10:002017-05-24T20:56:10.000+10:00Those sitting as Deputy HC judges (who are not rec...Those sitting as Deputy HC judges (who are not recorders or have not retired) are hoping/waiting to be appointed, some are solcitors too.<br /><br />Wild guess,<br />PHLIAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-3459094382106008140.post-67922178975127492612017-05-24T19:36:27.016+10:002017-05-24T19:36:27.016+10:00It seems that there are always exceptions. Mr Ken...It seems that there are always exceptions. Mr Kenneth Kwok SC and Mr Anson Wong SC in recent years sat as Deputy High Court Judges in CFI to hear cases. Mr Kwok and Mr Wong both do not seem to have been full-time judges in CA/CFI before.<br /><br />http://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=107365&QS=%28kenneth%2Bkwok%29&TP=JU<br /><br />http://legalref.judiciary.hk/lrs/common/search/search_result_detail_frame.jsp?DIS=107811&QS=%28kenneth%2Bkwok%29&TP=JU<br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3459094382106008140.post-17936406142728237852017-05-24T19:16:23.354+10:002017-05-24T19:16:23.354+10:00I ask this because Deputy High Court Judges and De...I ask this because Deputy High Court Judges and Deputy District Court Judges are either judges acting up or retired judges. But there cannot be any one acting up in the case of "Deputy Magistrate". <br /><br />PLKAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-3459094382106008140.post-967864922694463332017-05-24T19:10:11.010+10:002017-05-24T19:10:11.010+10:00Many thanks for your explanation. I just noticed ...Many thanks for your explanation. I just noticed that there is also a type called "Deputy Magistrate". May I ask usually who would be appointed as deputy magistrate? Are they retired magistrates or some practicing barristers / solicitors? If they are also practicing lawyers, what is the difference between "Deputy Magistrate" and "Special Magistrate"?<br /><br />PLKAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-3459094382106008140.post-73869921166545564492017-05-24T18:35:53.497+10:002017-05-24T18:35:53.497+10:00I hope I can answer your question. 特委法官in CFI is t...I hope I can answer your question. 特委法官in CFI is the Recorder, not a Deputy/Special. The Deputy High Court Judge is either a District Judge acting up or a retired CA/CFI judge appointed to relieve the workload. There is no 特委法官in the District Court. There is only Deputy District Court Judge (暫委)acting up from the magistrate court or tribunal. No retired District Judge will become a Deputy District Court Judge with the exception of Ian Carlson. I was told last night by some judges that there will be no more deputy like Carlson in the District Court. It seems there is never a tradition of appointing a Special District Judge. Recorders of the High Court are all Senior Counsel who only work part-time. It is a practice we follow the UK tradition. Once joining the bench on the District Court or above level, the lawyer cannot go back to private practice but a Recorder only sits part-time or honorific, and is a private practitioner. That is the main difference. In terms of power, a Recorder is basically same as the CFI Judge.<br /><br />I am not too sure if special magistrates are all from the bar. I believe some are solicitors. I heard that the special magistrate grade will be scrapped soon. 標少https://www.blogger.com/profile/09140798187543833983noreply@blogger.comtag:blogger.com,1999:blog-3459094382106008140.post-5314589175809209642017-05-24T17:58:04.683+10:002017-05-24T17:58:04.683+10:00Dear Bill,
Sorry that I have an off-topic questi...Dear Bill, <br /><br />Sorry that I have an off-topic question. I just noticed that there is 特委法官 in the High Court and 特委裁判官 in the Magistrates' Courts, but there is no 特委法官 in the District Court. May I ask why is it the case?<br /><br />Furthermore, it seems to me that all 特委法官/特委裁判官 are practicing barristers, while those serving judges temporarily appointed to a higher court (or a retired judge) would be appointed as 暫委法官. Is this observation correct? And is there any other difference between 暫委法官 and 特委法官? Many thanks!<br /><br />PLK Anonymousnoreply@blogger.com