Jeremy Poon
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The Honourable ''The Honourable'' (Commonwealth English) or ''The Honorable'' (American English; American and British English spelling differences#-our, -or, see spelling differences) (abbreviation: ''Hon.'', ''Hon'ble'', or variations) is an honorific Style ...
Mr Justice There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges o ...
Jeremy Poon Shiu-chor () is a Hong Kong jurist, currently serving as the 5th
Chief Judge of the High Court of Hong Kong The Chief Judge of the High Court of Hong Kong (CJHC) is the head of the High Court of Hong Kong and the President of the Court of Appeal of Hong Kong. In the Hong Kong order of precedence, the Chief Judge is the second most senior adminis ...
since December 2019. He has served as President of the Scout Council of the
Scout Association of Hong Kong The Scout Association of Hong Kong is the largest scouting organisation in Hong Kong. Scout training was first introduced in Hong Kong by Rev Spink of St Andrew's Church, Kowloon in 1909 and 1910 by the Protestant based Boys' Brigade, Chums S ...
since 2018.


Biography


Early life and education

Poon was born in
Hong Kong Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...
in 1962. Poon received a
Bachelor of Laws A Bachelor of Laws (; LLB) is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subje ...
in 1985 and a
Postgraduate Certificate in Laws In Hong Kong, the Postgraduate Certificate in Laws (PCLL; zh, t=法學專業證書) is an intensive one-year, full-time (or two-year, part-time) professional legal qualification programme. It allows graduates to proceed to legal training in or ...
in 1986, both from the
University of Hong Kong The University of Hong Kong (HKU) is a public research university in Pokfulam, Hong Kong. It was founded in 1887 as the Hong Kong College of Medicine for Chinese by the London Missionary Society and formally established as the University of ...
. He received a
Master of Laws A Master of Laws (M.L. or LL.M.; Latin: ' or ') is a postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in another subject. In many jurisdi ...
from
University College London University College London (Trade name, branded as UCL) is a Public university, public research university in London, England. It is a Member institutions of the University of London, member institution of the Federal university, federal Uni ...
in the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
in 1987.


Legal and judicial career

Poon was called to the Hong Kong Bar in 1986 and was a
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
in private practice between 1988 and 1993. In 1993, Poon joined the bench as a Permanent Magistrate. He sat as a Presiding Officer in the Labour Tribunal. Poon was appointed as Deputy Registrar of the High Court in 1999 and as Judge of
Court of First Instance A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). ...
of the High Court in 2006. From 2011 to 2015, he was the Civil Listing Judge and the Judge in charge of the Probate List, the Family Law List and the Mental Health List. In 2012, Poon acted as Returning Officer for the
2012 Hong Kong Chief Executive election The 2012 Hong Kong Chief Executive election was held on 25 March, 2012 to select the Chief Executive of Hong Kong (CE), the highest office in the Hong Kong Special Administrative Region (HKSAR), by a 1,193-member Election Committee (EC) to repl ...
. In 2015, Poon was elevated to the
Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
. On 22 May 2019, acting on the recommendation of the independent
Judicial Officers Recommendation Commission The Judicial Officers Recommendation Commission (JORC, ) is a statutory body in Hong Kong responsible for advising and making recommendations to the Chief Executive A chief executive officer (CEO), also known as a chief executive or managing d ...
, the
Chief Executive A chief executive officer (CEO), also known as a chief executive or managing director, is the top-ranking corporate officer charged with the management of an organization, usually a company or a nonprofit organization. CEOs find roles in variou ...
announced Poon's appointment as Chief Judge of the High Court (a post which had become vacant upon the appointment of
Andrew Cheung Andrew Cheung Kui-nung (; born 24 September 1961) is a Hong Kong judge who serves as the 3rd Chief Justice of the Court of Final Appeal. He previously served as a Permanent Judge of the same court. He was the 4th and longest-serving Chief ...
as a Permanent Judge of the Court of Final Appeal in October 2018), subject to the endorsement of the
Legislative Council A legislative council is the legislature, or one of the legislative chambers, of a nation, colony, or subnational division such as a province or state. It was commonly used to label unicameral or upper house legislative bodies in the Brit ...
in accordance with Article 90 of the
Basic Law A basic law is either a codified constitution, or in countries with uncodified constitutions, a law designed to have the effect of a constitution. The term ''basic law'' is used in some places as an alternative to "constitution" and may be inte ...
. Pending the
Legislative Council A legislative council is the legislature, or one of the legislative chambers, of a nation, colony, or subnational division such as a province or state. It was commonly used to label unicameral or upper house legislative bodies in the Brit ...
's endorsement, Poon was appointed as Acting Chief Judge of the High Court on 1 August 2019. After the
Legislative Council A legislative council is the legislature, or one of the legislative chambers, of a nation, colony, or subnational division such as a province or state. It was commonly used to label unicameral or upper house legislative bodies in the Brit ...
endorsed Poon's appointment, Poon became Chief Judge of the High Court with effect from 18 December 2019. In January 2021, Poon was appointed as a member of the Judicial Officers Recommendation Commission.


Opinions


Small house policy

In January 2021, Poon ruled that all three methods of building land under the
Small House Policy The Small House Policy (SHP, ) was introduced in 1972 in Hong Kong. The objective was to improve the then prevailing low standard of housing in the rural areas of the New Territories. The policy allows an indigenous male villager who is 18 ye ...
were completely legal, overturning an earlier decision in 2019. Poon told the plaintiffs,
Hendrick Lui Chi-hang The Hong Kong 47 is a group of 47 Pro-democracy camp (Hong Kong), pro-democracy advocates in Hong Kong charged with conspiracy to commit subversion under the 2020 Hong Kong national security law, Hong Kong national security law. On 6 January 2 ...
and Kwok Cheuk-kin, that they did not have sufficient standing to bring up the case because they do not own land rights in the New Territories. In response, a member of the
Liber Research Community Liber Research Community is a non-governmental organization in Hong Kong that focuses on researching land and development policies. History The group was created in 2009 by postgraduates, including Chan Kim-ching, who studied geography and ...
said that "The ding right affects every Hong Kong citizen as it competes with other land uses for land resources. The government has had to reserve lots of space in new towns for villagers to build their homes, while the land could have been better used for higher-density developments. How can the court say we have no stake in the issue?"


National security law

In October 2022, Poon said that if there are any contradictions between the Basic Law and
Hong Kong national security law Hong Kong national security legislation may refer to one of the following laws/bills: Laws in force * Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, 2020 national law of C ...
, the national security law should take priority.


Jimmy Lai

In October 2022, Poon was part of a team of 3 judges who ruled against
Jimmy Lai Lai Chee-ying ( zh, t=黎智英; born 8 December 1947), also known as Jimmy Lai, is a Hong Kong businessman and politician. He founded Giordano (clothing), Giordano, an Asian clothing retailer, Next Digital (formerly Next Media), a Hong Kon ...
and said that "despite its importance to the freedom of the press, the protection afforded to journalistic material is not absolute." In May 2023, the
Congressional-Executive Commission on China The Congressional-Executive Commission on China (CECC) is an independent agency of the U.S. government which monitors human rights and rule of law developments in the People's Republic of China. The commission was given the mandate by the U.S. C ...
(CECC) of the
United States Congress The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...
suggested the United States government imposing sanctions on Poon to counter the erosion of democratic freedoms in Hong Kong over his handling of Jimmy Lai's case. The same month, Poon rejected attempts by Lai to challenge the national security committee's decision to ban Lai from hiring Tim Owen. In August 2023, Poon ruled that Lai's two judicial challenges were "unreasonable" and ordered Lai to pay the costs of the challenges.


References

{{DEFAULTSORT:Poon, Jeremy Living people Barristers of Hong Kong Hong Kong judges Alumni of the University of Hong Kong Alumni of University College London 1962 births Alumni of the UCL Faculty of Laws