2024.08.08

The “Stand News” case, in which the defunct news outlet was charged with “conspiracy to publish seditious publications,” has spanned over two and a half years since its official indictment in December 2021. After being postponed three times, a ruling is scheduled for the 29th of this month. The presiding magistrate, Kwok Wai-kin, is due for retirement this year, but the “District Court Ordinance” stipulates that he can remain in office if a case is still under review.

According to the Government Gazette of May 2024, Chief Executive John Lee, following the recommendation of the Judicial Officers Recommendation Commission and under the “District Court Ordinance,” extended Kwok’s term by 18 months, from May 15, 2024, to November 14, 2025.

The Judiciary responded to “The Witness,” stating that judges at all levels during their extended term generally continue to receive associated benefits and allowances beyond salary, such as housing benefits, medical and dental benefits, and children’s education allowances.

Judiciary: judge’s extension term covers benefits and subsidies

The Judiciary has responded to “The Witness” that Judge Kwok Wai-kin has been granted an 18-month extension, with his current term running from May 15, 2024, to November 14, 2025. This appointment was made by the Chief Executive in accordance with Articles 88 and 92 of the Basic Law and Sections 11A(2A)(a) and 11A(3) of the District Court Ordinance, following the recommendations of the Judicial Officers Recommendation Commission.

The spokesperson also mentioned that, generally, judges at all levels (including District Court judges) can continue to enjoy fringe benefits and allowances during their extension period, beyond their salary. These include housing benefits, medical and dental benefits, and children’s education allowances.

Inquiries were also made about whether Judge Kwok is assigned to handle cases other than the “Stand News” case during his extension; the Judiciary did not respond to this query.

Kwok Wai-kin reaches the retirement age this year

Kwok Wai-kin was appointed as a District Court judge in 2012, and according to a government press release, he was born in 1959. This means he will reach the retirement age of 65 in 2024.

Under Section 11A of the District Courts Ordinance, judges are required to retire at the age of 65; however, if legal proceedings have commenced before them prior to reaching this age, they may continue to serve as needed to deliver judgments or deal with any other matters related to these proceedings, with the total extension not exceeding five years.

Stand News verdict postponed three times

On May 24, 2024, the Government Gazette published that the Chief Executive, Lee Ka-chiu, has extended Kwok Wai-kin’s term by 18 months, based on the powers granted under Section 11A(2A) of the District Courts Ordinance and following the recommendations of the Judicial Officers Recommendation Commission.

The judgment in the Stand News case has been postponed three times. Originally scheduled for October of the same year following the completion of closing arguments by both the prosecution and defense in June 2023, it was first postponed to November. Subsequently, at the defense’s request to consider a ruling on incitement laws by the UK Privy Council and pending the results of Tam Tak-chi’s appeal in an incitement case, Judge Kwok Wai-kin postponed the case a second time. It was then set to be decided on April 29, 2024.

The case was delayed a third time to August 30, 2024, as Judge Kwok required additional time to consider his decision. The decision date was then moved up a day to the afternoon of August 29, 2024, to accommodate the schedules of the barristers involved.