Judianna Wai-ling Barnes (born 1952) is a judge in the Hong Kong High Court. She has ruled in a number of notable and widely reported cases, including those concerning applications of bail filed by politician and activist Agnes Chow, and in the acquittal of politician and legislator, Wong Yuk-man, after he threw a glass at Hong Kong Chief Executive Leung Chun-ying.

Judianna Wai-ling Barnes
Judge, Hong Kong High Court
Assumed office
24 November 2006

Biography

Barnes was born in 1952 in China. She completed an LL.B. from the University of Hong Kong in 1981, and a P.C.LL. in 1982.[1] She went on to earn an M.Sc. in forensic and legal psychology from the University of Leicester.[1]

Career

Barnes joined the Hong Kong Bar in 1982, practicing privately until 1989. In 1989, she was appointed as a magistrate and was promoted to District Judge in 1997. She became a judge in the Hong Kong High Court on 24 November 2006.[1][2]

During her tenure as a judge, Barnes has ruled in several notable cases.

In 2016, Barnes overturned a sentence awarded to legislator Ted Hui Chi-fung, after a magistrate required him to sign a 'good behavior bond' following an incident during a protest that he had organised. Pointing to the absence of any prior record of violence, she held that the bond was not necessary.[3]

In 2018, Barnes quashed the conviction of former legislator, Wong Yuk-man, after he threw a glass at Hong Kong Chief Executive Leung Chun-ying,[4] and was subsequently convicted of assault.[5] Barnes ruled that there was insufficient evidence to prove the offence of assault, pointing to the lack of reaction by Chun-ying after the glass was initially thrown.[6][7] The incident, and Barnes' ruling, attracted extensive discussion in the press.[8][9] In 2019, she sentenced an 89-year-old man who had killed his terminally ill wife to only two years in prison, allowing his release within a month based on time served, and called for "justice to be tempered with mercy.". The decision was widely reported and discussed, in the context of debates on the legalization of euthanasia.[10][11][12][13]

In November 2021, she issued a ruling releasing Ka Wan-lung, a student activist, holding that he had been wrongly convicted of assaulting a police officer during the 2019–2020 Hong Kong protests.[14] Also in August 2021, she granted bail to activist Chow Hang-tung, who had been charged with incitement after organizing a rally in memory of the 1989 Tiananmen Square protests and massacre.[15][16] In 2020, Barnes denied bail to another activist, Agnes Chow, during her appeal against a 10-month sentence for her participation in the 2019–2020 Hong Kong protests.[17][18]

References

  1. 1 2 3 "Judicial appointments". www.info.gov.hk. Retrieved 2022-02-09.
  2. ↑ "High Court judges appointed". www.news.gov.hk. Retrieved 2022-02-09.
  3. ↑ Ng, Ellie (2016-12-16). "Court overturns sentence of lawmaker Ted Hui over clashes during district council meeting". Hong Kong Free Press HKFP. Retrieved 2022-02-09.
  4. ↑ "Flying Wolves and Rejected Bills: Hong Kong's Most Hostile Legislature Ever". Wall Street Journal. 2014-07-07. ISSN 0099-9660. Retrieved 2022-02-09.
  5. ↑ "Wong Yuk-man convicted of common assault for throwing glass at Hong Kong chief executive". South China Morning Post. 2016-10-19. Retrieved 2022-02-09.
  6. ↑ "Ex-lawmaker's conviction for hurling glass at CY Leung overturned". South China Morning Post. 2018-09-27. Retrieved 2022-02-09.
  7. ↑ "Ex-lawmaker Wong Yuk-man's assault conviction for hurling glass at former Hong Kong leader CY Leung is overturned". sg.news.yahoo.com. Retrieved 2022-02-09.
  8. ↑ Chan, Holmes (2018-09-27). "Ex-lawmaker Raymond Wong escapes jail after hurling glass at former Hong Kong leader CY Leung". Hong Kong Free Press HKFP. Retrieved 2022-02-09.
  9. ↑ "Glass thrower catches break in appeal win - The Standard". www.thestandard.com.hk. Retrieved 2022-02-09.
  10. ↑ "Hong Kong man, 81, who killed sick wife to end her misery to be released from remand as judge 'tempers justice with mercy'". sg.news.yahoo.com. Retrieved 2022-02-09.
  11. ↑ "Man, 81, who killed sick wife to be released on judge's 'mercy'". South China Morning Post. 2019-01-08. Retrieved 2022-02-09.
  12. ↑ Lau, Chris. "HK man, 81, in mercy killing of wife shown clemency by judge". The Star. Retrieved 2022-02-09.
  13. ↑ "Hong Kong should legalise euthanasia, says elderly man who strangled wife in 'mercy killing'". Hong Kong Free Press HKFP. 2019-01-26. Retrieved 2022-02-09.
  14. ↑ Standard, The. "Wrongly convicted activist cleared". The Standard. Retrieved 2022-02-09.
  15. ↑ Candice Chau (2021-08-05). "Hong Kong Tiananmen Massacre vigil organiser Chow Hang-tung granted bail". Hong Kong Free Press HKFP. Retrieved 2022-02-09.
  16. ↑ "Vice-chair of June 4 vigil organiser wins bail at Hong Kong High Court". The Star. Retrieved 2022-02-09.
  17. ↑ "Hong Kong opposition activist Agnes Chow denied bail by High Court". South China Morning Post. 2020-12-09. Retrieved 2022-02-09.
  18. ↑ "Hong Kong opposition activist Agnes Chow denied bail by High". Hong Kong News. Retrieved 2022-02-09.
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