Magistrate transfer 'not linked to acquittals'

The judiciary has confirmed that Eastern Court magistrate Stanley Ho Chun-yiu will be transferred to a desk job, but insists it has nothing to do with complaints against his acquittal rulings in unrest cases.

In a statement confirming reports by The Standard and sister publication Sing Tao Daily on Ho's transfer, the judiciary said it was for normal operational purposes and stressed all judges took an oath to stay unbiased.

Ho last month acquitted Eastern District councillor Jocelyn Chau Hui-yan and her assistant, Lao Chak-kin, of assaulting police in North Point on August 11 last year.

The ruling sparked complaints - from pro-establishment supporters and lawmakers - that Ho acquitted an unusually high number of activists and handed down light sentences to those convicted.

The judiciary admitted there had been a large number of complaints made against Ho, adding these are being handled in accordance with established procedures, and that it will not comment further for the time being.

"There is a complaint mechanism established by the judiciary to deal with complaints against judges," it said. "For example, [if] any failure has been proved and established in relation to the above matters, appropriate action will be taken."

The judiciary also said it is "neither appropriate nor possible" to comment on assertions that cases had been handled in the courts by judges with political considerations in mind.

But it said all judges are required to take the judicial oath that it is their duty to administer justice without fear or favor, self-interest or deceit.

"This means that judges only apply the law, without extraneous factors such as political considerations," it stated.

It also reminded that Article 92 of the Basic Law stipulates that judges shall be chosen on the basis of their judicial and professional qualities.

Ho was appointed a temporary deputy registrar of the High Court on July 31 this year, and will serve in that position from Friday next week until June 17, 2021.

He will be responsible for administrative work, such as scheduling the dates for hearings, and will be equal in rank with a deputy registrar of the High Court. During this period, Ho will no longer hear trials.

According to the report published by the Joint Secretariat for the Advisory Bodies on Civil Service and Judicial Salaries and Conditions of Service in 2019, the monthly pay of a High Court deputy registrar starts from HK$212,300. The salary for a magistrate ranges from HK$136,215 to HK$163,250 per month - meaning Ho could get some HK$50,000 more a month with his desk job.

erin.chan@singtaonewscorp.com