HOME

TheInfoList



OR:

Poon Siu-tung, also known as Tony Poon (; born 1967) is a Hong Kong
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
. He has served as a Judge of the
Court of First Instance A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance w ...
of the High Court since January 2019. Since October 2020, Poon has served as a Panel Judge handling interception and surveillance authorisation requests from law enforcement agencies. He is a member of the Executive Committee and the Digital Transformation Committee of the Society of Rehabilitation and Crime Prevention of Hong Kong.


Education and legal career

Poon studied in St. Francis of Assis College in Kowloon After that he received an
LLB Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the China, People's Republic ...
in 1990 and a
PCLL The Postgraduate Certificate in Laws (PCLL; 法學專業證書) is an intensive one-year full-time (or two-year part-time) professional legal qualification programme in Hong Kong. It allows graduates to proceed to legal training before qualifyi ...
in 1993 from the
University of Hong Kong The University of Hong Kong (HKU) (Chinese: 香港大學) is a public research university in Hong Kong. Founded in 1887 as the Hong Kong College of Medicine for Chinese, it is the oldest tertiary institution in Hong Kong. HKU was also the fi ...
. He was called to the Hong Kong Bar in 1994 and was a
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
in private practice until 2002.


Judicial career

In 2002, Poon joined the bench as a Permanent Magistrate. He sat as a Presiding Officer of the Labour Tribunal from 2003 to 2005. Poon sat as a District Court Master from 2005 to 2006. He sat as a Deputy District Judge from 2006 to 2009. In 2009, he became a District Judge. In 2010, he was made Acting Chief District Judge. In 2012, he was appointed as Chief District Judge. Poon sat as a
Deputy High Court Judge The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (Englan ...
from 2014 to 2019. In 2017, he was appointed as Judge with special responsibility for the Executive Body of the Hong Kong Judicial Institute. In this capacity, he is responsible for strategic plans and the implementation of judicial training programmes. In 2019, he was appointed as a High Court Judge. Poon has sat in the
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
in a number of civil and criminal appeal cases. As Poon shares the same surname as two other High Court Judges (Mr Justice
Jeremy Poon The Honourable Mr Justice Jeremy Poon Shiu-chor () is the Chief Judge of the High Court of Hong Kong and President of the Court of Appeal of Hong Kong. Since 2018, he has served as President of the Scout Council of the Scout Association of ...
(the
Chief Judge A chief judge (also known as presiding judge, president judge or principal judge) is the highest-ranking or most senior member of a lower court or circuit court with more than one judge. According to the Federal judiciary of the United States, th ...
) and Madam Justice Maggie Poon (a Justice of Appeal)), in English decisions he is referred to as 'S T Poon J' rather than 'Poon J'.


Notable cases

In 2011, the trial of Stephen Chan Chi-wan in relation to the 2010 TVB corruption scandal took place in the District Court before Poon, who acquitted Chan and the co-defendants. On appeal, in 2012 the
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
set aside the not guilty verdicts and remitted the case to Poon to consider if the defendants could rely on the defence of reasonable excuse. In 2013, Poon ruled that the defendants could rely on such a defence and therefore dismissed the charges afresh. On appeal, in 2015 the Court of Appeal once again allowed the appeal and directed Poon to convict Chan and his co-defendant (Tseng Pei Kun) on the charge of conspiring for an agent to accept an advantage and sentence them accordingly. Poon subsequently sentenced Chan to a fine of HK$84,000 and Tseng to a fine of HK$28,000. On further appeal, in 2017 the Court of Final Appeal overturned the decision of the Court of Appeal and re-instated Poon's original decision by quashing the defendants' convictions and acquitting them of all charges. In 2012, Poon heard a case in the District Court involving a
Tuen Mun District Council The Tuen Mun District Council () is the District Council of Tuen Mun District, in the New Territories. It is one of 18 such councils. The Council consists of 32 members with 31 of those elected through first past the post system every four year ...
lor who put up banners stating “Demand the Integrated Community Centre for Mental Wellness (ICCMW) to be relocated far away from Wu King Estate residents”. The plaintiff was a person with mental illness who argued that the Councillor had committed an act of disability vilification. Poon held that the banners incited hatred against people with disabilities, and ruled in favour of the plaintiff, whom he awarded
nominal damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...
of HK$1. In 2013, Poon heard and dismissed an application by
Lew Mon-hung Lew Mon-hung (; born 11 December 1948), nicknamed "Dream Bear" based on his Chinese name, is a pro-Beijing Hong Kong businessman, formerly deputy chairman and executive director of Pearl Oriental Oil Limited. Lew was a member of the National ...
in the District Court for a permanent stay of proceedings in respect of a charge of
perverting the course of justice Perverting the course of justice is an offence committed when a person prevents justice from being served on themselves or on another party. In England and Wales it is a common law offence, carrying a maximum sentence of life imprisonment. Statu ...
relating to a letter sent to the
Chief Executive A chief executive officer (CEO), also known as a central executive officer (CEO), chief administrator officer (CAO) or just chief executive (CE), is one of a number of corporate executives charged with the management of an organization especially ...
,
Leung Chun-ying Leung Chun-ying (; born 12 August 1954), also known as CY Leung, is a Hong Kong politician and chartered surveyor, who has served as vice-chairman of the National Committee of the Chinese People's Political Consultative Conference since Mar ...
, and the Commissioner of the ICAC,
Simon Peh Simon Peh Yun-lu (, born 1955) was Director of Immigration of Hong Kong, and was appointed Commissioner of the Independent Commission Against Corruption in 2012. Early life and education Peh was born in Anxi County, Quanzhou, Fujian. grad ...
, with a view to influence them to halt the ICAC's investigation against him.


References

{{DEFAULTSORT:Poon, Siu-tung Living people 1967 births Alumni of the University of Hong Kong Hong Kong judges Barristers of Hong Kong