Political situation
Author: Zheng Rongdi
2020-09-07 13:04
Last update date: 2020-09-07 13:04
Eastern District Court Magistrate He Chun-yiu earlier tried the case of Eastern District Councillor Qiu Xuxin’s involvement in the assault on the police. He criticized the two police officers for "speaking loudly". The statement was illogical. Afterwards, the DAB Legislative Council Member Ge Peifan wrote to the Chief Justice of the Court of Final Appeal. Ma Daoli complained.
It is reported that He Junyao will be transferred from the Magistrates' Court and transferred to the High Court to handle the scheduling of criminal cases in the Court of First Instance. The title is "Criminal Case Schedule Judge", which means that there is no need to hear criminal cases in the short term.
"Hong Kong 01" is inquiring with the Judiciary.
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Criticizing police officers for causing organizational complaints
North Point City Garden District Councillor Qiu Xuxin and his male assistant were accused of pushing the hearts of riot police officers during a live broadcast of street conditions in North Point on August 11 last year and were also charged with assaulting a police officer.
When the magistrate He Junyao judged the case on the 12th of this month, he claimed that the two police officers' confession did not match the video of the case, as if they were in a "parallel time and space." He even criticized the two for answering the wrong questions, "using big talk", saying Illogical and sophistry.
The court refused to accept his confession and ruled that Qiu and his male assistant were not guilty of the charges and both received legal costs.
He Guan’s criticism of the police officer’s confession caused repercussions. The DAB Legislative Council Member Zhou Haoding, who is a lawyer, once criticized He Guan for violating the "Code of Conduct for Judges" by making offensive remarks on witnesses and causing the public Challenge the neutrality and bias of the court.
Ma Daoli (Photo by Li Zetong)
Judge He Junyao scolded the police for talking loudly and Ge Peifan sent a letter to Ma Daoli and urged him to suspend the trial of related cases
Qiu Xuxin's involvement in the assault on the police
"Criminal Case Schedule Judges" do not need to hear cases
The DAB member Ge Peifan then wrote to the Chief Justice Ma Daoli of the Final Court, questioning He Junyao’s bias in the eight cases related to the anti-amendment law, including praising the defendant, accusing the plaintiff, questioning the biased position, and ruling the defendants in the case. The offense caused the public to question his political inclination, and asked Maguan to immediately stop letting him hear political-related cases.
The Bar Association made a statement on the 21st of last month that it noticed that a magistrate was criticized by outsiders for questioning the credibility of the police officer’s testimony when making a factual determination.
The Association stated that judges and magistrates have the responsibility to provide reasons for the credibility of witnesses, and call on the public to respect court rulings and exercise prudence and restraint so as not to interfere with judicial independence.
According to the website of the Judiciary, the "criminal case scheduling judge" is responsible for handling the scheduling of all serious criminal cases in the Court of First Instance. The responsibilities include processing the application documents of the prosecution and defense of the case, and receiving the scheduling requirements of the defense Within 21 days, the case will be scheduled for trial.
The "criminal case scheduling judge" only involves administrative work and does not need to hear the case in person.
Ethics of Judge Ma Daoli Ge Peifan