Wednesday, January 28, 2015

Lawyer Counsel Barrister Michael Yin Convicted - 殷志明大律師罪成

http://the-sun.on.cc/cnt/news/20141224/00412_003.html

張奧偉爵士大律師事務所的殷志明大律師 (Lawyer Counsel Barrister Michael Yin of Sir Oswald Cheung's Chambers),於今年五月十六日,在中環新世界大廈停車場入口駕車右轉時,與另一輛正駛離停車場的私家車發生輕微碰撞,兩輛車的左邊車頭位置都被刮花。殷事後被控一項不小心駕駛罪,殷否認控罪,案件經審訊後,東區法院昨裁定殷罪成,判罰款二千五百元。

http://orientaldaily.on.cc/cnt/news/20141224/00176_082.html

http://rthk.hk/rthk/news/expressnews/20141223/news_20141223_55_1063677.htm

http://paper.wenweipo.com/2014/12/24/HK1412240043.htm

Widow of Hong Kong Court of Appeal Judge Dennis Barker JA Sought To Sell Judicial Robes to Pay for a Headstone

http://www.scmp.com/article/78191/judges-robes-be-sold

South China Morning Post, 18 June 1994

FORMER Appeal Court judge Dennis Barker left so many debts, his widow is having to sell his robes to pay for a headstone for his grave.

Jeanne Barker told the South China Morning Post from her home in Cyprus that a friend would give the robes to the Chief Justice, Sir Ti Liang Yang, in the hope they may be sold to raise funds.

She said the grave in the Paphos cemetery had not been paid for and 2,000 Cyprus pounds (HK$30,940) was needed for the space in the ground and a headstone.

''I do hope someone will buy the robe. I can't lay him to rest until it is all over,'' she said.

Barker, 63, died in a car accident in Cyprus in November 1989. They had been married for less than four months when he died.

Barker had retired to Cyprus after resigning from Hong Kong's judiciary in disgrace following his ruling that six defendants in the territory's costliest trial, the Carrian case, had no case to answer. The decision was severely criticised on appeal.

''I'm desperately unhappy about his grave,'' Mrs Barker said.

''I have planted a tree on the mound which is growing well, but all the other graves have a stone.

''There is a cross to mark his grave, but his name was spelt wrongly. I do want him to have a stone. I have already chosen one. I don't want to make a lot of money from the robes, just enough to pay for the stone.'' She said the former Chief Justice, Sir Denys Roberts, who also has a home in Cyprus, was helping her sell Barker's other wigs and robes which could be worn in other jurisdictions. The robe coming back to Hong Kong was specially made for Court of Appeal judges in the territory.

''It's very sad, and hard to believe, that he should have been a judge for all those years and there is nothing in his estate,'' she said.

The house in Paphos has been put on the market, together with the furniture and a 1978 Rolls-Royce.

http://www.joc.com/hong-kong-acquits-defendants-costly-carrian-fraud-case_19870915.html

Monday, January 26, 2015

Lawyer Counsel Barrister Albert Luk Accused of Dereliction of Duty - 陸偉雄大律師被指失職

http://hk.apple.nextmedia.com/realtime/news/20150126/53373253

警司黃冠豪被指在2011年,出任灣仔分區指揮官期間,收受區內一間未領有酒牌的火鍋店提供4,000元飲食折扣及威士忌,被裁定公職人員行為失當罪成,判囚一年。黃今提上訴,指原審時代表他的大狀陸偉雄 (Lawyer Albert Luk) 出錯,例如錯誤同意帳單內容、未有就帳單盤問證人等。

原審時代表黃的大律師陸偉雄 (Barrister Albert Luk) 今出庭接受盤問,指當時是與控方同意有關帳單的檢取及呈堂,但並不是同意帳單的內容,承認在此有進步的空間。主審上訴的暫委法官則指應有很大的進步空間。

陸偉雄又解釋,沒有就帳單盤問證人,是怕證人的答應太負面,故安排由黃自辯時交代有關情況,並指盤問的問題不是由他一人作主,黃、黃的友人及律師均有份擬定問題。但胡法官則指,若不盤問證人,便不能指證人說謊,這令原審法官在判刑時認為案情嚴重,會陷法官於不義.

http://hk.on.cc/hk/bkn/cnt/news/20150126/bkn-20150126134655264-0126_00822_001.html

前灣仔分區指揮官、警司黃冠豪被指明知相熟火鍋店未領酒牌,仍拉大隊光顧,並接受對方折扣及贈酒,早前於東區法院被裁定公職人員行為失當罪成,判監1年。

今日黃就定罪及刑罰向原訟法庭上訴,上午先就定罪上訴中,指其原審大狀陸偉雄失職的指控,傳召陸到庭作供。黃的代表律師指,陸在審訊時,不應同意讓涉案帳單呈堂,並任由控方就單上的手寫內容發問。

http://hk.apple.nextmedia.com/news/art/20150127/19017973

上訴一方的重點是,陸偉雄大律師 (Counsel Albert Luk) 應就涉案賬單真確性盤問證人,也不能承認賬單真確,但陸偉雄大律師 (Lawyer Albert Luk) 不但沒盤問證人,也以控辯雙方同意案情的書面形式,接納賬單真確;而賬單上有「酬謝黃司飯宴」手寫字句,屬不能呈堂的傳聞證供,陸偉雄大律師 (Barrister Albert Luk) 又沒提出反對,結果原審裁判官判刑時,便基於賬單上的字句,重囚黃冠豪。陸偉雄大律師 (Counsel Albert Luk)解釋,不時與事務律師、黃冠豪及黃的友人開會,經商討後按黃冠豪指示行事,沒有自把自為,「佢唔係普通人,好多意見,熟悉法律程序」。

陸偉雄大律師 (Lawyer Albert Luk) 指辯方的立場一直是不承認賬單真確,只是承認賬單被撿取及呈堂,但審訊時事出倉促,沒在文件上清楚寫明,陸坦言「有進步空間」,暫委法官胡國興則揶揄「好大進步空間」。胡官認為,辯方若不挑戰賬單真確性,「一半唔使打」,「讀到三年班都知道,大數減細數就係折扣」。

案件編號:HCMA 366 / 2013