Yuen, Rimsky Kwok Keung 袁國強
Re admission of Timothy Wynn Owen KC to defend Jimmy Lai Chee Ying in NSL case
HK Court of Final Appeal, 28-Nov-2022
Application for leave to appeal is dismissed. The court writes: "in relation to ad hoc admissions, where national security considerations properly arise, such considerations are plainly of the highest importance to be taken into account. In the present case, however, the SJ has fundamentally changed his case only at the stage of seeking leave to appeal to this Court, raising undefined and unsubstantiated issues said to involve national security which were not mentioned or explored in the Courts below."
HK Court of Final Appeal, 28-Nov-2022
Application for leave to appeal is dismissed. The court writes: "in relation to ad hoc admissions, where national security considerations properly arise, such considerations are plainly of the highest importance to be taken into account. In the present case, however, the SJ has fundamentally changed his case only at the stage of seeking leave to appeal to this Court, raising undefined and unsubstantiated issues said to involve national security which were not mentioned or explored in the Courts below."
Re admission of Timothy Wynn Owen KC to defend Jimmy Lai Chee Ying in NSL case
HK Court of Appeal, 21-Nov-2022
Leave to appeal to the CFA is refused. Now on his 4th Senior Counsel, the SJ is represented by former SJ Rimsky Yuen. Biting the cherry again, he claims 2 new points (which should've been raised in the first instance): (1) that overseas counsel might leak State Secrets and are not subject to local discipline - but the NSL has global effect, and England & Wales Barristers are subject to global regulation under their Bar Standards Handbook; and (2) that there should be a presumption against overseas counsel in NSL cases. The court writes "Contrary to Mr Yuen’s submission that he seeks to establish matters of principle, we consider this an unprincipled approach and goes against the grain of guiding principles for the exercise of judicial discretion. It is an untenable proposition".
HK Court of Appeal, 21-Nov-2022
Leave to appeal to the CFA is refused. Now on his 4th Senior Counsel, the SJ is represented by former SJ Rimsky Yuen. Biting the cherry again, he claims 2 new points (which should've been raised in the first instance): (1) that overseas counsel might leak State Secrets and are not subject to local discipline - but the NSL has global effect, and England & Wales Barristers are subject to global regulation under their Bar Standards Handbook; and (2) that there should be a presumption against overseas counsel in NSL cases. The court writes "Contrary to Mr Yuen’s submission that he seeks to establish matters of principle, we consider this an unprincipled approach and goes against the grain of guiding principles for the exercise of judicial discretion. It is an untenable proposition".
CE & SJ v Yau Wai Ching, Sixtus Leung & LegCo President
HK Court of First Instance, 15-Nov-2016
The summary and judgment in full.
HK Court of First Instance, 15-Nov-2016
The summary and judgment in full.
CE & SJ v Yau Wai Ching, Sixtus Leung & LegCo President
HK Court of First Instance, 18-Oct-2016
"there would be significant prejudice caused to the public if Ms Yau and Mr Leung are to be deprived of, in this interim period, to represent their respective electorate in the LegCo" - Justice Thomas Au.
HK Court of First Instance, 18-Oct-2016
"there would be significant prejudice caused to the public if Ms Yau and Mr Leung are to be deprived of, in this interim period, to represent their respective electorate in the LegCo" - Justice Thomas Au.
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