繁體中文
溫紹明(Wan Siu-ming, Jason),香港裁判官,一九七二年在香港出生。他一九九五年、一九九六年及二○○二年在香港城市大學分別取得法學士學位、法學專業證書及法學碩士學位。他一九九六年在香港獲大律師資格,一九九七年起私人執業。
二○○九年十一月二十七日,司法機構宣布委任溫紹明為裁判官,任命於同年十二月一日起生效,與他同期獲委任為裁判官的還有蘇惠德、雷健文、葉樹培及徐綺薇等。
裁判法院是香港的基層刑事法院,處理全港大部分刑事案件,包括簡易程序罪行的審訊以及可公訴罪行的初步程序;裁判官須主持提堂、處理保釋申請、聽取證供並作出裁決及判刑,並決定是否把較嚴重的案件轉介區域法院或高等法院。裁判官的判刑權限由成文法所規限,較嚴重的案件會交由上級法院判處。
溫紹明由私人執業大律師轉任裁判官,其後長期在裁判法院任職,累積豐富的刑事審訊經驗;他在城市大學完成本科及法學碩士課程,對本地法律教育的脈絡亦有一定掌握。香港的法官及司法人員由行政長官根據司法人員推薦委員會的推薦而委任,任命以《基本法》為依據;《基本法》第八十八條訂明法官須由行政長官根據一個獨立委員會的推薦而委任,第九十二條則規定法官應按其司法及專業才能選用。
他在裁判法院任職多年,須主持刑事案件的提堂、保釋、審訊及判刑,並決定是否把較嚴重的案件轉介區域法院或高等法院。裁判法院的案件量龐大、程序多元,法官須獨立判斷案情並迅速作出程序決定,這種訓練有助累積處理刑事案件的經驗。溫紹明在城市大學完成法學士及法學碩士課程,對本地法律的訓練脈絡有直接認識。
English
Wan Siu-ming, Jason, is a Magistrate of Hong Kong, born in Hong Kong in 1972. He obtained his LL.B., Postgraduate Certificate in Laws and LL.M. from the City University of Hong Kong in 1995, 1996 and 2002 respectively. He was called to the Hong Kong Bar in 1996 and was in private practice from 1997.
On 27 November 2009 the Judiciary announced his appointment as a Magistrate with effect from 1 December 2009, together with, among others, So Wai-tak, Simon Lui Kin-man, Lawrence Yip Sue-pui and Ivy Chui Yee-mei.
The magistracy is the lower criminal court of Hong Kong and handles most criminal cases, including summary trials and the preliminary stages of indictable offences; magistrates conduct mentions, decide bail, hear evidence and pass sentence, and decide whether more serious cases should be transferred to the District Court or the High Court. A magistrate's sentencing powers are limited by statute, and the most serious cases are sentenced in the higher courts.
Moving from practice at the Bar to the magistracy, Wan has served in the lower criminal court for many years and has wide experience of criminal trials; he completed both his first degree and his master's at the City University of Hong Kong. Judges and judicial officers are appointed by the Chief Executive on the recommendation of the Judicial Officers Recommendation Commission under the Basic Law; Article 88 requires appointment on the recommendation of an independent commission, and Article 92 provides that judges be chosen on the basis of their judicial and professional qualities.He served in the magistracy for many years, presiding over committal, bail, trial and sentencing in criminal cases and deciding whether more serious cases should be transferred to the District Court or the High Court. The magistracy carries a large caseload and a wide variety of procedures, and judges must assess cases independently and make procedural decisions quickly, a discipline that helps build experience in criminal matters. Wan completed both his LL.B. and LL.M. at the City University of Hong Kong, giving him a direct acquaintance with the local legal education tradition.