Jump to content

Rimsky Yuen: Difference between revisions

From Wikipedia, the free encyclopedia
Content deleted Content added
→‎References: Chan in Order of precedence
Tags: Mobile edit Mobile web edit
No edit summary
Line 1: Line 1:
{{Expand Chinese|袁國強|date=July 2014}}
{{Infobox officeholder
{{Infobox officeholder
|honorific-prefix = [[The Honourable]]
|honorific-prefix = [[The Honourable]]
Line 36: Line 35:
}}
}}


'''Rimsky Yuen Kwok-keung''' [[Grand Bauhinia Medal|GBM]], [[Senior Counsel|SC]], [[Justice of Peace|JP]] ({{zh-t|袁國強}}; born 1964) is a lawyer and the third and current [[Secretary for Justice (Hong Kong)|Secretary for Justice]] of [[Hong Kong]]. He took office on 1 July 2012.
'''Rimsky Yuen Kwok-keung''', [[Grand Bauhinia Medal|GBM]], [[Senior Counsel|SC]], [[Justice of Peace|JP]] ({{zh-t|袁國強}}; born 1964) is a lawyer and the third and current [[Secretary for Justice (Hong Kong)|Secretary for Justice]] of [[Hong Kong]]. He took office on 1 July 2012.


==Education and early career==
==Education and early career==
Yuen was born into a grassroots family in 1964. He lived in [[Lower Wong Tai Sin Estate]] during his early life. He was educated at the [[Queen Elizabeth School, Hong Kong|Queen Elizabeth School]] and the [[University of Hong Kong]]. He received the [[PCLL]] degree in 1986 and was called to Bar in 1987 under the mentorship of Justice Mohan Tarachand Bharwaney and [[Queen's Counsel]] Lawrence Lok.
Yuen studied [[LLB|law as an undergraduate]] at the [[University of Hong Kong]] and [[LLM|as a master's student]] at the [[City University of Hong Kong]]. He was called to the Hong Kong Bar in 1987. In 1995, he became qualified as a [[solicitor]] and advocate in [[Singapore]]. He held a temporary position as deputy registrar of the [[High Court of Hong Kong]] from 2002 to 2003; afterwards, he was appointed as a [[Senior Counsel]].<ref>{{cite news|url=http://www.info.gov.hk/gia/general/200512/30/P200512300170.htm|date=2005-12-30|accessdate=2008-01-23|title=Judicial appointments|work=Info.gov.hk|publisher=Government Information Centre, Hong Kong Special Administrative Region}}</ref> He later became chairman of the [[Hong Kong Bar Association]].


In 1995 he joined the Temple Chambers, one of the largest law firms in Hong Kong on the invitation of former [[Attorney General of Hong Kong|Attorney General]] [[Michael David Thomas|Michael Thomas]] and Queen's Counsel [[Ronny Tong]]. He specialised in civil litigation, especially commercial disputes including advisory and court works relating to contract disputes, shareholders and partners disputes, corporate and personal insolvency, trusts, banking and financial products disputes, international trade and arbitration.<ref name="newteam">{{cite news|title=New team of Principal Officials appointed (with photos)|url=http://www.info.gov.hk/gia/general/201206/28/P201206280236.htm|work=Hong Kong government|date=28 June 2012}}</ref> In 1997, he received [[LLM]] at the [[City University of Hong Kong]], studying Chinese laws under Wang Guiguo and [[Priscilla Leung]].
==Public service==
In 2008, Yuen accepted a position as a member of the [[Guangdong]] committee of the [[Chinese People's Political Consultative Conference]] (CPPCC) in a widely criticised decision; a number of legislators in the pan-democratic camp, including [[Democratic Party (Hong Kong)|Democratic Party]] chairman [[Albert Ho]] and [[Civic Party]] member [[Audrey Eu]], called on Yuen to step down. [[Ronny Tong]], who had declined a similar offer of appointment to the Guangdong CPPCC during his tenure as Bar Association head, also expressed his disappointment in Yuen and expressed his concerns over the potential for conflict of interest. In contrast, legislator [[Kwong Chi-kin]] of the [[Hong Kong Federation of Trade Unions]] supported Yuen's appointment, stating that it would promote cooperation with mainland authorities; pro-Beijing newspaper ''[[Wen Wei Po]]'' also came out with an editorial denying that any conflict of interest arose by Yuen's appointment.<ref>{{cite news|title=Bar chief under fire for accepting CPPCC seat|date=2008-01-17|accessdate=2008-01-23|first=Nishika|last=Patel|author2=Diana Lee |work=The Standard|url=http://www.thestandard.com.hk/news_detail.asp?pp_cat=11&art_id=60195&sid=17143801&con_type=1}}</ref><ref>{{cite news|url=http://paper.wenweipo.com/2008/01/18/WW0801180003.htm|work=Wen Wei Po|title=袁國強任政協並無利益衝突 (No conflict of interest in Rimsky Yuen's membership in the CPPCC)|date=2008-01-18|accessdate=2008-01-23|last=Cheung|first=Chi-kong}}</ref>


In 2003 he became the [[Senior Counsel]] after 15 years of practise.<ref name="publicestate">{{cite news|url=https://www.e123.hk/ElderlyPro/details/153028/71|title=屋邨仔袁國強當律政司長 省政協委員 獨立形象受質疑|newspaper=明報|date=2012-05-02}}</ref> As a Senior Counsel, his practice expanded to include regulatory matters and judicial reviews. He also served as an arbitrator in international arbitrations and a mediator in commercial disputes.<ref name="newteam"/>
Yuen was appointed [[Secretary for Justice (Hong Kong)|Secretary for Justice]] of [[Hong Kong]] on 1 July 2012 under Chief Executive [[Leung Chun-ying]].


From 2006 Yuen was appointed a Recorder of the [[Court of First Instance of the High Court]] for a month every year where he handled various civil litigations. He also involved in various public duties including: Member of the Judicial Officers Recommendation Commission, Non-Official Member of the [[Independent Commission Against Corruption]] Advisory Committee on Corruption, Chairman of the Transport Advisory Committee, Non-executive Director of Mandatory Provident Fund Schemes Authority and Council Member of the [[Hong Kong Institute of Education]].<ref name="newteam"/>
In his undergraduate law studies, Yuen was a classmate of his contemporary [[Prosecutions Division (Hong Kong)|Director of Public Prosecutions]], [[Keith Yeung]], and also of [[Knife attack on Kevin Lau|Kevin Lau]], the former chief editor of the Hong Kong daily newspaper [[Ming Pao]] who suffered a vicious knife attack in February 2014, a combination of facts that led to Yuen delegating authority to handle that case to Deputy Director of Public Prosecutions Wesley Wong.<ref>[http://www.news.gov.hk/en/categories/law_order/html/2014/03/20140314_192329.shtml Wesley Wong to study assault case], HK Government Information Services Dept, 14 March 2014</ref>


==Bar Association chairman==
On 21 June 2017, chief executive-elect [[Carrie Lam]] confirmed that Yuen would remain as Secretary for Justice as part of her newly formed cabinet.
In 2007, Rimsky Yuen was elected chairman of the [[Hong Kong Bar Association]]. In his re-election in 2008, it was revealed that he was a member of the [[Chinese People's Political Consultative Conference]] Guangdong Committee. The [[Democratic Party (Hong Kong)|Democratic Party]] chairman [[Albert Ho]] and [[Civic Party]] member [[Audrey Eu]], called on Yuen to step down. [[Ronny Tong]], who had declined a similar offer of appointment to the Guangdong CPPCC during his tenure as Bar Association head, also expressed his disappointment in Yuen and expressed his concerns over the potential for conflict of interest.

In contrast, legislator [[Kwong Chi-kin]] of the [[Hong Kong Federation of Trade Unions]] supported Yuen's appointment, stating that it would promote cooperation with mainland authorities; pro-Beijing newspaper ''[[Wen Wei Po]]'' also came out with an editorial denying that any conflict of interest arose by Yuen's appointment.<ref>{{cite news|title=Bar chief under fire for accepting CPPCC seat|date=2008-01-17|accessdate=2008-01-23|first=Nishika|last=Patel|author2=Diana Lee |work=The Standard|url=http://www.thestandard.com.hk/news_detail.asp?pp_cat=11&art_id=60195&sid=17143801&con_type=1}}</ref><ref>{{cite news|url=http://paper.wenweipo.com/2008/01/18/WW0801180003.htm|work=Wen Wei Po|title=袁國強任政協並無利益衝突 (No conflict of interest in Rimsky Yuen's membership in the CPPCC)|date=2008-01-18|accessdate=2008-01-23|last=Cheung|first=Chi-kong}}</ref> On 17 January 2007, he was re-elected unopposed.<ref name="publicestate"/>

==Secretary for Justice==
In 2012, he was appointed by the [[Chief Executive of Hong Kong|Chief Executive]]-elect [[Leung Chun-ying]] to become the [[Secretary for Justice (Hong Kong)|Secretary for Justice]].<ref name="newteam"/>

===2014 electoral reform and Occupy protests===
[[File:2014 electoral reform first consultation report.jpg|thumb|220px|Yuen with other government officials at the press conference on the publication the Consultation Report on 15 July 2014.]]
In December 2013, Yuen was appointed by Leung Chun-ying to become one of the three-member Task Force on Constitutional Development with [[Chief Secretary for Administration]] [[Carrie Lam]] and [[Secretary for Constitutional and Mainland Affairs]] [[Raymond Tam]] in the [[2014 Hong Kong electoral reform|consultation on the Methods for Selecting the Chief Executive in 2017 and for Forming the Legislative Council in 2016]].<ref>{{cite news|title=LC: Statement by CS on "Consultation Document on the Methods for Selecting the Chief Executive in 2017 and for Forming the Legislative Council in 2016"|url=http://www.info.gov.hk/gia/general/201312/04/P201312040525.htm|work=Information Services Department}}</ref> Yuen provided the legal opinion on the proposed constitutional reform and countered the [[pro-democracy camp]]'s argument. He opposed the "civil nomination" proposed by the pro-democrats, claiming that it might bypass the nominating committee and "turn it into a plastic stamp"<ref name="23/12/2013">{{cite news|url=http://www.thestandard.com.hk/news_print.asp?art_id=140817&sid=41193111|title=Justice chief challenges democrats' reform plan|date=23 December 2013|newspaper=The Standard}}</ref>

On 21 October 2014 during the [[2014 Hong Kong protests|massive Occupy protests]] against the NPCSC [[2014 NPCSC Decision on Hong Kong|August 31 Decision]], the government and the HKFS held the first round of talks in a televised open debate in which Yuen took part as one of the five government representatives.<ref>Siu, Jasmine (20 October 2014). [http://www.thestandard.com.hk/news_detail.asp?pp_cat=30&art_id=150532&sid=43192431&con_type=1&d_str=20141020&isSearch=1&sear_year=2014 "Middle man vows fairness"]. ''The Standard''.</ref><ref>{{cite web |script-title=zh:政府學聯各派五人出席下周政改對話|trans_title=Government and Students Federation in dialogue together|url=https://hk.news.yahoo.com/政府學聯各派五人出席下周政改對話-103102912.html|date=19 October 2014|language=zh|accessdate=19 October 2014}}</ref><ref>{{cite news|url=http://edition.cnn.com/2014/10/21/world/asia/hong-kong-protests-talks/index.html|title=Hong Kong protest talks agree little|date=21 October 2014|publisher=CNN|accessdate=25 October 2014}}</ref><ref>Kevin Cheng, (22 October 2014). [http://www.thestandard.com.hk/news_detail.asp?pp_cat=30&art_id=150614&sid=43205640&con_type=1&d_str=20141022&isSearch=1&sear_year=2014 "Patience is virtue for Lam"]. ''The Standard''</ref> During the talks, government representatives suggested the possibility of writing a new report on the students' concerns to supplement the government's last report on political reform to Beijing, but stressed that civil nomination, as proposed by the students, fell outside the framework of the Basic Law and the NPCSC decision, which could be withdrawn.<ref name="LATimes talks">{{cite news|url=http://www.latimes.com/world/asia/la-fg-hong-kong-talks-20141021-story.html#page=1|title=No breakthrough as Hong Kong officials open talks with students|work=Los Angeles Times|date=21 October 2014|accessdate=23 October 2014|first=Tiffany|last=Ap}}</ref> The government described the talks as "candid and meaningful" in a press release, while the students expressed their disappointment at the lack of concrete results.<ref>{{cite web|url=http://www.info.gov.hk/gia/general/201410/21/P201410211150.htm|title=Government's response to dialogue with HKFS |date=21 October 2014|publisher=Government of Hong Kong|accessdate=23 October 2014}}</ref>

After the final legislative bill came out in January 2015, Yuen continued to lobby for the support of the proposal. Yuen took part on 25 April 2015 in a territory-wide bus parade to appeal for public support for the city's constitutional reform package on an open-top double-decker bus on which slogans of "2017 Make it happen!".<ref>{{cite news |url=http://www.chinadailyasia.com/hknews/2015-04/25/content_15255913.html|work=China Daily|title=Officials promote electoral reform in bus parade|date=25 April 2015 }}</ref> The bill was eventually defeated in the Legislative Council on 18 June.

===Legislative Council oath-taking controversy===
In October 2016 after the [[Hong Kong legislative election, 2016|Legislative Council election]] saw the pro-[[Hong Kong independence]] being elected to the [[Legislative Council of Hong Kong|Legislative Council]], Yuen and Chief Executive Leung Chun-ying took an unprecedented move to launch a legal challenge against the [[President of the Legislative Council of Hong Kong|Legislative Council President]] [[Andrew Leung]] and seeking the disqualification of the two pro-independence [[Youngspiration]] legislators-elect [[Baggio Leung]] and [[Yau Wai-ching]] over the duo's [[Hong Kong Legislative Council oath-taking controversy|controversial behaviours in the oath-taking ceremony]] at the inaugural meeting.<ref name="block">{{cite news|url=http://www.scmp.com/news/hong-kong/politics/article/2029124/hong-kong-government-seeks-court-permission-bar|title=Hong Kong government fails to block localist duo from retaking Legco oaths, but wins right to seek judicial review|newspaper=South China Morning Post|date=18 October 2016}}</ref> Despite Yuen repeated statement of not seeking for the NPCSC interpretation of the [[Basic Law of Hong Kong|Basic Law]], in November NPCSC interpreted the Basic Law Article 104 and set a framework on how to take the oath and the consequences of not fulfilling it. Yuen refused to resign and defended the NPSCSC interpretation, arguing that both judicial independence and interpretation of Basic Law could co-exist, adding the ruling by Beijing was not targeting the two legislators but instead setting out the general example as an aid to understanding Article 104.<ref>{{cite news|title=Hong Kong Justice Secretary Rimsky Yuen sees no need to resign over Beijing interpretation|url=http://www.scmp.com/news/hong-kong/politics/article/2043734/hong-kong-justice-secretary-rimsky-yuen-sees-no-need-resign|newspaper=South China Morning Post|date=7 November 2016}}</ref> On 8 November, hundreds of lawyers joined a silent march against Beijing's interpretation of the Basic Law, claiming it harms judicial independence.<ref>{{cite news|url=http://www.scmp.com/news/hong-kong/politics/article/2044122/hundreds-hong-kong-lawyers-silent-march-against-beijing-oath|title=Hundreds of Hong Kong lawyers in silent march against Beijing oath ruling|date=8 November 2016|newspaper=South China Morning Post}}</ref> As a result, the two legislators were ousted from the Legislative Council by the court on 15 November.<ref name="vacate">{{cite news|url=http://www.scmp.com/news/hong-kong/politics/article/2046162/hong-kong-court-rules-localist-lawmakers-must-vacate-legco|title=Hong Kong court rules localist lawmakers must vacate Legco seats|newspaper=South China Morning Post|date=15 November 2016}}</ref>

In December 2016 Leung Chun-ying and Rimsky Yuen pursuing after other pro-democrat legislators by lodging another judicial review against four more pro-democracy legislators over their oaths, [[Lau Siu-lai]], [[Nathan Law]], [[Leung Kwok-hung]] and [[Yiu Chung-yim]], who were already under legal challenge filed by pro-Beijing supporters.<ref>{{cite news|url=https://www.hongkongfp.com/2016/12/02/breaking-hong-kong-govt-lodges-legal-challenges-four-pro-democracy-lawmakers/|title=Hong Kong gov’t lodges legal challenges to eject four more pro-democracy lawmakers from legislature|date=2 December 2016|work=Hong Kong Free Press}}</ref> In July 2017, the court ruled the four pro-democracy legislators were to lose their seats.<ref>{{cite news|title=Hong Kong lawmaker disqualification ruling ‘opens huge floodgate’, lawyers say|url=http://www.scmp.com/news/hong-kong/politics/article/2102737/hong-kong-lawmaker-disqualification-ruling-opens-huge|newspaper=South China Morning Post|date=15 July 2017}}</ref>

===Express Rail joint checkpoint controversy===
Despite citing his ill health and wish for retirement after serving a full term, Yuen was listed in the line-up of Chief Executive-elect Carrie Lam's team in June 2017. However there were reports suggesting he would leave in 2018 after sorting out law enforcement issues dogging the [[Guangzhou–Shenzhen–Hong Kong Express Rail Link]] project.<ref name="commit">{{cite news|title=Hong Kong justice minister won’t commit to full five years in Carrie Lam’s new cabinet|url=22 June 2017|url=http://www.scmp.com/news/hong-kong/politics/article/2099424/hong-kong-justice-minister-wont-commit-full-five-years|newspaper=South China Morning Post}}</ref>

In July 2017, Yuen unveiled the proposal to resolve the border control conundrum by setting up joint immigration and customs facilities with mainland authorities in which travellers will have to abide by mainland laws within a designated area to be leased to the mainland for the creation of a port inside the terminal where mainland police officers can enforce mainland laws.<ref>{{cite news|title=One station, two systems: how joint checkpoint will work for Hong Kong-mainland China high-speed rail line|url=http://www.scmp.com/news/hong-kong/politics/article/2104087/one-station-two-systems-how-joint-checkpoint-will-work-hong|newspaper=South China Morning Post|date=26 July 2017}}</ref> The pro-democracy camp and some legal experts argued that the measures would violate the Basic Law as the Articles 18 and 22 prohibit national laws from being applied in Hong Kong (with the exception of matters relating to defence and foreign affairs) and forbid Chinese authorities from interfering in the special administrative region’s affairs. Yuen countered the argument by claiming that the designated areas, once leased to the central government, will no longer be part of Hong Kong’s territory and therefore outside the jurisdiction of the Basic Law. He also invoked Article 20 of the Basic Law, which allows the Hong Kong government to enjoy new powers conferred to it by the NPCSC which the SAR government can seek a "new power" from the NPCSC, so that it can in turn authorise the mainland authorities to enforce national laws in the designated areas.<ref>{{cite news|title=Why Hong Kong’s justice minister Rimsky Yuen is so sanguine about joint checkpoint for express rail link|date=28 July 2017|url=http://www.scmp.com/comment/insight-opinion/article/2104469/why-hong-kongs-justice-minister-rimsky-yuen-so-sanguine|newspaper=South China Morning Post}}</ref>

===Prosecution against democracy activists===
Yuen received a lot of criticism for his prosecution against protesters and activists, including the [[Department of Justice (Hong Kong)|Department of Justice]]’s [[2017 imprisonment of Hong Kong democracy activists|sentence review applications of 16 activists involved in two 2014 protests]]. In August 2017, [[Demosisto]] party chairman [[Nathan Law]], secretary-general [[Joshua Wong]] and former [[Hong Kong Federation of Students]] secretary-general [[Alex Chow Yong-kang|Alex Chow]] were jailed by the [[Court of Appeal of the High Court]], the student leaders who stormed the government’s headquarters in 2014 in the which triggered the [[2014 Hong Kong protests|Occupy pro-democracy sit-ins]]. They were originally given community service orders and a suspended jail term in August 2016 by the Court of First Instance, but the Department of Justice decided for pursuing after stiffer penalties by applying for a review. It was reported that Yuen had overruled recommendations by top prosecutors that the government should not seek stiffer sentences. He declined to confirm or deny reports but rejected speculation about "political prosecutions".<ref>{{cite news|title=Justice chief rejects claims of ulterior motive behind sentence review that jailed Hong Kong pro-democracy activists|url=http://www.scmp.com/news/hong-kong/politics/article/2107998/justice-chief-rejects-claims-ulterior-motive-behind-sentence|newspaper=South China Morning Post|date=23 August 2017}}</ref>

The [[League of Social Democrats]] held a rally against the decision outside the Lai Chi Kok Reception Centre on the evening of 18 August 2017.<ref name="bennytaihkfp">{{cite news|last1=Cheung|first1=Karen|title=Occupy leader Benny Tai slams jailing of student activists, as pro-democracy party plans protests this weekend|url=https://www.hongkongfp.com/2017/08/18/occupy-leader-benny-tai-slams-jailing-student-activists-pro-democracy-party-plans-protests-weekend/|work=Hong Kong Free Press|date=18 August 2017}}</ref> Several different organisations held a public protest march on 20 August 2017, which started at the [[Southorn Playground]] and ended with a rally at the [[Court of Final Appeal Building]].<ref name="shumcalls">{{cite news|title=Lester Shum calls on public to join protest march|url=http://news.rthk.hk/rthk/en/component/k2/1349147-20170819.htm|publisher=Radio Television Hong Kong|date=19 August 2017}}</ref><ref name="backhope">{{cite news|title=In Pictures: ‘Give back hope’ – Thousands join protest after Hong Kong jails pro-democracy figures|url=https://www.hongkongfp.com/2017/08/20/pictures-give-back-hope-thousands-join-protest-hong-kong-jails-pro-democracy-figures/|work=Hong Kong Free Press|agency=Agence France-Presse|date=20 August 2017}}</ref> Protesters focused their criticism on Yuen, following reports that he ignored the advice of top prosecutors in pursuing the appeal.<ref name="biggestsince">{{cite news|last1=Ng|first1=Kang-chung|title=Thousands decry jailing of Hong Kong pro-democracy activists in ‘biggest rally since Occupy’|url=http://www.scmp.com/news/hong-kong/politics/article/2107545/thousands-decry-jailing-hong-kong-pro-democracy-activists|work=South China Morning Post|date=20 August 2017}}</ref><ref name="chiefdenies">{{cite news|last1=Pomfret|first1=James|last2=Wu|first2=Venus|title=Hong Kong legal chief denies political motive in jailings as criticism mounts|url=https://ca.reuters.com/article/topNews/idCAKCN1AY0GV-OCATP|agency=Reuters|date=18 August 2017}}</ref>

Yuen approval rating plunged 18 percentage points in August according to a survey conducted by the University of Hong Kong Public Opinion Programme. Yuen’s support rating stood at 46.4 marks, with an approval rate of 31 per cent and a disapproval rate of 33 per cent. His net popularity plunged to negative 3 percentage points. It was speculated that this was "perhaps related to recent events including the sentence review and jailing of some activists."<ref>{{cite news|url=https://www.hongkongfp.com/2017/09/13/justice-sec-rimsky-yuens-approval-rating-plunges-following-jailing-democracy-activists-hku-poll/|title=
Justice Sec. Rimsky Yuen’s approval rating plunges following jailing of democracy activists – HKU poll|date=13 September 2017|work=Hong Kong Free Press}}</ref> In September 2017, Hong Kong slipped five places in the judicial independence category of the latest global competitiveness ranking compiled by the Geneva-based non-profit organisation [[World Economic Forum]].<ref>{{cite news|title=Justice chief defends Hong Kong courts after judicial independence ranking falls for third consecutive year|url=http://www.scmp.com/news/hong-kong/politics/article/2113216/justice-chief-defends-hong-kong-courts-after-judicial|date=28 September 2017|newspaper=South China Morning Post}}</ref>

==Personal life==
He is unmarried and has two sisters. His father, a carpenter for the government, died in 2014.<ref>{{cite news|title=袁國強父親去世 出身政府木匠曾望兒子從醫|work=Post 852|url=http://www.post852.com/15741/%E5%8D%B3%E6%99%82%E9%97%9C%E6%B3%A8-%E8%A2%81%E5%9C%8B%E5%BC%B7%E7%88%B6%E8%A6%AA%E5%8E%BB%E4%B8%96%E3%80%80%E5%87%BA%E8%BA%AB%E6%94%BF%E5%BA%9C%E6%9C%A8%E5%8C%A0%E6%9B%BE%E6%9C%9B%E5%85%92/}}</ref>

In December 2015 he also spent three days in hospital with severe abdominal pain. In 2016, Yuen was admitted to hospital with intestinal discomfort and was on leave for a few days.<ref name="commit"/>


==References==
==References==
Line 54: Line 89:


{{s-start}}
{{s-start}}
{{s-off}}
{{s-bef|before=[[Wong Yan-lung]]}}
{{s-ttl|title=[[Secretary for Justice (Hong Kong)|Secretary for Justice]]|years=2012–present}}
{{s-inc}}
{{s-legal}}
{{s-legal}}
{{s-bef|before=[[Philip Dykes]]}}
{{s-bef|before=[[Philip Dykes]]}}
{{s-ttl|title=Chairman of [[Hong Kong Bar Association]]|years=2007–2008}}
{{s-ttl|title=Chairman of [[Hong Kong Bar Association]]|years=2007–2008}}
{{s-aft|after=[[Russell Coleman]]}}
{{s-aft|after=[[Russell Coleman]]}}
{{s-off}}
{{s-bef|before=[[Wong Yan-lung]]}}
{{s-ttl|title=[[Secretary for Justice (Hong Kong)|Secretary for Justice]]|years=2012–present}}
{{s-inc}}
{{s-prec}}
{{s-prec}}
{{s-bef|before = [[Paul Chan]]<br><small>''Financial Secretary''</small>}}
{{s-bef|before = [[Paul Chan]]<br><small>''Financial Secretary''</small>}}

Revision as of 07:38, 27 October 2017

Rimsky Yuen
袁國強
Secretary for Justice of Hong Kong
Assumed office
1 July 2012
Chief ExecutiveLeung Chun-ying
Carrie Lam
Preceded byWong Yan-lung
Member of the Guangdong committee of the Chinese People's Political Consultative Conference
In office
March 2008 – March 2012
Chairman of the Hong Kong Bar Association
In office
2007–2010
Preceded byPhilip Dykes SC
Succeeded byRussell Coleman SC
Personal details
Born
Rimsky Yuen Kwok-keung

1964 (1964) (age 60)
Alma materUniversity of Hong Kong
City University of Hong Kong
Rimsky Yuen
Traditional Chinese袁國強
Simplified Chinese袁国强

Rimsky Yuen Kwok-keung, GBM, SC, JP (Chinese: 袁國強; born 1964) is a lawyer and the third and current Secretary for Justice of Hong Kong. He took office on 1 July 2012.

Education and early career

Yuen was born into a grassroots family in 1964. He lived in Lower Wong Tai Sin Estate during his early life. He was educated at the Queen Elizabeth School and the University of Hong Kong. He received the PCLL degree in 1986 and was called to Bar in 1987 under the mentorship of Justice Mohan Tarachand Bharwaney and Queen's Counsel Lawrence Lok.

In 1995 he joined the Temple Chambers, one of the largest law firms in Hong Kong on the invitation of former Attorney General Michael Thomas and Queen's Counsel Ronny Tong. He specialised in civil litigation, especially commercial disputes including advisory and court works relating to contract disputes, shareholders and partners disputes, corporate and personal insolvency, trusts, banking and financial products disputes, international trade and arbitration.[1] In 1997, he received LLM at the City University of Hong Kong, studying Chinese laws under Wang Guiguo and Priscilla Leung.

In 2003 he became the Senior Counsel after 15 years of practise.[2] As a Senior Counsel, his practice expanded to include regulatory matters and judicial reviews. He also served as an arbitrator in international arbitrations and a mediator in commercial disputes.[1]

From 2006 Yuen was appointed a Recorder of the Court of First Instance of the High Court for a month every year where he handled various civil litigations. He also involved in various public duties including: Member of the Judicial Officers Recommendation Commission, Non-Official Member of the Independent Commission Against Corruption Advisory Committee on Corruption, Chairman of the Transport Advisory Committee, Non-executive Director of Mandatory Provident Fund Schemes Authority and Council Member of the Hong Kong Institute of Education.[1]

Bar Association chairman

In 2007, Rimsky Yuen was elected chairman of the Hong Kong Bar Association. In his re-election in 2008, it was revealed that he was a member of the Chinese People's Political Consultative Conference Guangdong Committee. The Democratic Party chairman Albert Ho and Civic Party member Audrey Eu, called on Yuen to step down. Ronny Tong, who had declined a similar offer of appointment to the Guangdong CPPCC during his tenure as Bar Association head, also expressed his disappointment in Yuen and expressed his concerns over the potential for conflict of interest.

In contrast, legislator Kwong Chi-kin of the Hong Kong Federation of Trade Unions supported Yuen's appointment, stating that it would promote cooperation with mainland authorities; pro-Beijing newspaper Wen Wei Po also came out with an editorial denying that any conflict of interest arose by Yuen's appointment.[3][4] On 17 January 2007, he was re-elected unopposed.[2]

Secretary for Justice

In 2012, he was appointed by the Chief Executive-elect Leung Chun-ying to become the Secretary for Justice.[1]

2014 electoral reform and Occupy protests

Yuen with other government officials at the press conference on the publication the Consultation Report on 15 July 2014.

In December 2013, Yuen was appointed by Leung Chun-ying to become one of the three-member Task Force on Constitutional Development with Chief Secretary for Administration Carrie Lam and Secretary for Constitutional and Mainland Affairs Raymond Tam in the consultation on the Methods for Selecting the Chief Executive in 2017 and for Forming the Legislative Council in 2016.[5] Yuen provided the legal opinion on the proposed constitutional reform and countered the pro-democracy camp's argument. He opposed the "civil nomination" proposed by the pro-democrats, claiming that it might bypass the nominating committee and "turn it into a plastic stamp"[6]

On 21 October 2014 during the massive Occupy protests against the NPCSC August 31 Decision, the government and the HKFS held the first round of talks in a televised open debate in which Yuen took part as one of the five government representatives.[7][8][9][10] During the talks, government representatives suggested the possibility of writing a new report on the students' concerns to supplement the government's last report on political reform to Beijing, but stressed that civil nomination, as proposed by the students, fell outside the framework of the Basic Law and the NPCSC decision, which could be withdrawn.[11] The government described the talks as "candid and meaningful" in a press release, while the students expressed their disappointment at the lack of concrete results.[12]

After the final legislative bill came out in January 2015, Yuen continued to lobby for the support of the proposal. Yuen took part on 25 April 2015 in a territory-wide bus parade to appeal for public support for the city's constitutional reform package on an open-top double-decker bus on which slogans of "2017 Make it happen!".[13] The bill was eventually defeated in the Legislative Council on 18 June.

Legislative Council oath-taking controversy

In October 2016 after the Legislative Council election saw the pro-Hong Kong independence being elected to the Legislative Council, Yuen and Chief Executive Leung Chun-ying took an unprecedented move to launch a legal challenge against the Legislative Council President Andrew Leung and seeking the disqualification of the two pro-independence Youngspiration legislators-elect Baggio Leung and Yau Wai-ching over the duo's controversial behaviours in the oath-taking ceremony at the inaugural meeting.[14] Despite Yuen repeated statement of not seeking for the NPCSC interpretation of the Basic Law, in November NPCSC interpreted the Basic Law Article 104 and set a framework on how to take the oath and the consequences of not fulfilling it. Yuen refused to resign and defended the NPSCSC interpretation, arguing that both judicial independence and interpretation of Basic Law could co-exist, adding the ruling by Beijing was not targeting the two legislators but instead setting out the general example as an aid to understanding Article 104.[15] On 8 November, hundreds of lawyers joined a silent march against Beijing's interpretation of the Basic Law, claiming it harms judicial independence.[16] As a result, the two legislators were ousted from the Legislative Council by the court on 15 November.[17]

In December 2016 Leung Chun-ying and Rimsky Yuen pursuing after other pro-democrat legislators by lodging another judicial review against four more pro-democracy legislators over their oaths, Lau Siu-lai, Nathan Law, Leung Kwok-hung and Yiu Chung-yim, who were already under legal challenge filed by pro-Beijing supporters.[18] In July 2017, the court ruled the four pro-democracy legislators were to lose their seats.[19]

Express Rail joint checkpoint controversy

Despite citing his ill health and wish for retirement after serving a full term, Yuen was listed in the line-up of Chief Executive-elect Carrie Lam's team in June 2017. However there were reports suggesting he would leave in 2018 after sorting out law enforcement issues dogging the Guangzhou–Shenzhen–Hong Kong Express Rail Link project.[20]

In July 2017, Yuen unveiled the proposal to resolve the border control conundrum by setting up joint immigration and customs facilities with mainland authorities in which travellers will have to abide by mainland laws within a designated area to be leased to the mainland for the creation of a port inside the terminal where mainland police officers can enforce mainland laws.[21] The pro-democracy camp and some legal experts argued that the measures would violate the Basic Law as the Articles 18 and 22 prohibit national laws from being applied in Hong Kong (with the exception of matters relating to defence and foreign affairs) and forbid Chinese authorities from interfering in the special administrative region’s affairs. Yuen countered the argument by claiming that the designated areas, once leased to the central government, will no longer be part of Hong Kong’s territory and therefore outside the jurisdiction of the Basic Law. He also invoked Article 20 of the Basic Law, which allows the Hong Kong government to enjoy new powers conferred to it by the NPCSC which the SAR government can seek a "new power" from the NPCSC, so that it can in turn authorise the mainland authorities to enforce national laws in the designated areas.[22]

Prosecution against democracy activists

Yuen received a lot of criticism for his prosecution against protesters and activists, including the Department of Justice’s sentence review applications of 16 activists involved in two 2014 protests. In August 2017, Demosisto party chairman Nathan Law, secretary-general Joshua Wong and former Hong Kong Federation of Students secretary-general Alex Chow were jailed by the Court of Appeal of the High Court, the student leaders who stormed the government’s headquarters in 2014 in the which triggered the Occupy pro-democracy sit-ins. They were originally given community service orders and a suspended jail term in August 2016 by the Court of First Instance, but the Department of Justice decided for pursuing after stiffer penalties by applying for a review. It was reported that Yuen had overruled recommendations by top prosecutors that the government should not seek stiffer sentences. He declined to confirm or deny reports but rejected speculation about "political prosecutions".[23]

The League of Social Democrats held a rally against the decision outside the Lai Chi Kok Reception Centre on the evening of 18 August 2017.[24] Several different organisations held a public protest march on 20 August 2017, which started at the Southorn Playground and ended with a rally at the Court of Final Appeal Building.[25][26] Protesters focused their criticism on Yuen, following reports that he ignored the advice of top prosecutors in pursuing the appeal.[27][28]

Yuen approval rating plunged 18 percentage points in August according to a survey conducted by the University of Hong Kong Public Opinion Programme. Yuen’s support rating stood at 46.4 marks, with an approval rate of 31 per cent and a disapproval rate of 33 per cent. His net popularity plunged to negative 3 percentage points. It was speculated that this was "perhaps related to recent events including the sentence review and jailing of some activists."[29] In September 2017, Hong Kong slipped five places in the judicial independence category of the latest global competitiveness ranking compiled by the Geneva-based non-profit organisation World Economic Forum.[30]

Personal life

He is unmarried and has two sisters. His father, a carpenter for the government, died in 2014.[31]

In December 2015 he also spent three days in hospital with severe abdominal pain. In 2016, Yuen was admitted to hospital with intestinal discomfort and was on leave for a few days.[20]

References

  1. ^ a b c d "New team of Principal Officials appointed (with photos)". Hong Kong government. 28 June 2012.
  2. ^ a b "屋邨仔袁國強當律政司長 省政協委員 獨立形象受質疑". 明報. 2012-05-02.
  3. ^ Patel, Nishika; Diana Lee (2008-01-17). "Bar chief under fire for accepting CPPCC seat". The Standard. Retrieved 2008-01-23.
  4. ^ Cheung, Chi-kong (2008-01-18). "袁國強任政協並無利益衝突 (No conflict of interest in Rimsky Yuen's membership in the CPPCC)". Wen Wei Po. Retrieved 2008-01-23.
  5. ^ "LC: Statement by CS on "Consultation Document on the Methods for Selecting the Chief Executive in 2017 and for Forming the Legislative Council in 2016"". Information Services Department.
  6. ^ "Justice chief challenges democrats' reform plan". The Standard. 23 December 2013.
  7. ^ Siu, Jasmine (20 October 2014). "Middle man vows fairness". The Standard.
  8. ^ 政府學聯各派五人出席下周政改對話 (in Chinese). 19 October 2014. Retrieved 19 October 2014. {{cite web}}: Unknown parameter |trans_title= ignored (|trans-title= suggested) (help)
  9. ^ "Hong Kong protest talks agree little". CNN. 21 October 2014. Retrieved 25 October 2014.
  10. ^ Kevin Cheng, (22 October 2014). "Patience is virtue for Lam". The Standard
  11. ^ Ap, Tiffany (21 October 2014). "No breakthrough as Hong Kong officials open talks with students". Los Angeles Times. Retrieved 23 October 2014.
  12. ^ "Government's response to dialogue with HKFS". Government of Hong Kong. 21 October 2014. Retrieved 23 October 2014.
  13. ^ "Officials promote electoral reform in bus parade". China Daily. 25 April 2015.
  14. ^ "Hong Kong government fails to block localist duo from retaking Legco oaths, but wins right to seek judicial review". South China Morning Post. 18 October 2016.
  15. ^ "Hong Kong Justice Secretary Rimsky Yuen sees no need to resign over Beijing interpretation". South China Morning Post. 7 November 2016.
  16. ^ "Hundreds of Hong Kong lawyers in silent march against Beijing oath ruling". South China Morning Post. 8 November 2016.
  17. ^ "Hong Kong court rules localist lawmakers must vacate Legco seats". South China Morning Post. 15 November 2016.
  18. ^ "Hong Kong gov't lodges legal challenges to eject four more pro-democracy lawmakers from legislature". Hong Kong Free Press. 2 December 2016.
  19. ^ "Hong Kong lawmaker disqualification ruling 'opens huge floodgate', lawyers say". South China Morning Post. 15 July 2017.
  20. ^ a b "Hong Kong justice minister won't commit to full five years in Carrie Lam's new cabinet". South China Morning Post.
  21. ^ "One station, two systems: how joint checkpoint will work for Hong Kong-mainland China high-speed rail line". South China Morning Post. 26 July 2017.
  22. ^ "Why Hong Kong's justice minister Rimsky Yuen is so sanguine about joint checkpoint for express rail link". South China Morning Post. 28 July 2017.
  23. ^ "Justice chief rejects claims of ulterior motive behind sentence review that jailed Hong Kong pro-democracy activists". South China Morning Post. 23 August 2017.
  24. ^ Cheung, Karen (18 August 2017). "Occupy leader Benny Tai slams jailing of student activists, as pro-democracy party plans protests this weekend". Hong Kong Free Press.
  25. ^ "Lester Shum calls on public to join protest march". Radio Television Hong Kong. 19 August 2017.
  26. ^ "In Pictures: 'Give back hope' – Thousands join protest after Hong Kong jails pro-democracy figures". Hong Kong Free Press. Agence France-Presse. 20 August 2017.
  27. ^ Ng, Kang-chung (20 August 2017). "Thousands decry jailing of Hong Kong pro-democracy activists in 'biggest rally since Occupy'". South China Morning Post.
  28. ^ Pomfret, James; Wu, Venus (18 August 2017). "Hong Kong legal chief denies political motive in jailings as criticism mounts". Reuters.
  29. ^ "Justice Sec. Rimsky Yuen's approval rating plunges following jailing of democracy activists – HKU poll". Hong Kong Free Press. 13 September 2017.
  30. ^ "Justice chief defends Hong Kong courts after judicial independence ranking falls for third consecutive year". South China Morning Post. 28 September 2017.
  31. ^ "袁國強父親去世 出身政府木匠曾望兒子從醫". Post 852.
Legal offices
Preceded by Chairman of Hong Kong Bar Association
2007–2008
Succeeded by
Political offices
Preceded by Secretary for Justice
2012–present
Incumbent
Order of precedence
Preceded by
Paul Chan
Financial Secretary
Hong Kong order of precedence
Secretary for Justice
Succeeded by
Andrew Leung
President of the Legislative Council