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https://hk.news.yahoo.com/庭上被問是否-insane-裁判官首發拘捕令緝大狀-091520466.html
庭上被問是否「Insane」 裁判官首發拘捕令緝大狀
on.cc 東網
11.7k 人追蹤
2019年2月12日 下午5:15
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【on.cc東網專訊】司法界發生首宗裁判官通緝大律師事件。東區裁判法院暫委特委裁判官何麗明疑因執業大律師梁耀祥在庭上出言侮辱，上周一(4日)罕有地根據《裁判官條例》簽發拘捕令，通緝梁耀祥歸案，拘捕令有待執行。梁耀祥回覆東網時表示，他從接手處理該宗行人涉疏忽案件的事務律師口中得悉，法官何麗明向他發出拘捕令，他今早(12日)才知道自己被通緝，但至今未收到拘捕或通緝文件。
據了解，事件源於一宗行人涉疏忽過馬路案件，何麗明負責審理。2001年成為執業大律師的梁耀祥為被告的代表大狀，案件審訊超過2個月仍未完結，兩人在審訊期間針鋒相對，梁甚至在1月2日審訊中，公然在庭上質問何官：「Are you insane(你是否瘋顛)？」案件至上周一再開庭，但梁無現身並撤出該案，何官批准，但隨後即追究出言侮辱一事，認為梁耀祥不尊重法庭及她本人，即時簽出拘捕令。
梁耀祥今否認曾在庭上反問何官「Are you insane？」但承認有用「insane」 一字，他指這字除了瘋顛的解釋外，亦可解作精神不集中，由於何官不斷重複否定一些庭上事實，所以他關心查問何官的精神和身體狀況，並無侮辱之意。梁解釋，由於自己的說話令何官生氣，案中被告辭退他，毋須他擔任辯護律師，他因此再無上庭處理該案，強調他並非自己撤退不處理案件。
梁認為何官誤會自己在法庭上的說話，才會大發雷霆，強調自己身為大律師，不敢公然侮辱法官，現因此被法官通緝，感到很是委屈，會待收到文件後考慮如何應對，會作出抗辯，他現已主動暫停手上工作。
據悉，由於事件性質特殊，又涉及法律人員，有關拘捕令須經主任裁判官或再上級的總裁判官批核才作實。至於案件涉及的行人疏忽過馬路案，女被告為尼泊爾籍THAPA KAMALA，被指於2016年4月傍晚時分在大潭道一輛停泊在路旁之的士車後橫過馬路，遭一輛從對面線駛至的車輛撞到，案件將於2月14日續審。
大律師陸偉雄表示，一般而言，若法官認為大律師的行為有問題，可向大律師公會投訴，大律師公會將展開調查甚至召開紀律聆訊，若投訴成立，涉事大律師可被罰款甚至停牌。
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【更多即時新聞詳情請上東網新聞】
The court was asked if the "Insane" magistrate’s initial arrest warrant was
[on.cc east net]
On.cc East Net
11.7k person tracking
February 12, 2019 5:15 PM
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[on.cc East Network News] The first magistrate wanted lawyer in the judicial community. He Liming, the temporary magistrate of the Eastern Magistrates' Court, suspected that the practice of the lawyer, Liang Yaoxiang, was insulted in court. Last Monday (4th), the arrest warrant was issued under the Magistrates Ordinance. The arrest of Liang Yaoxiang was ordered and the arrest warrant was pending. . When replying to the Eastern Network, Mr Leung said that he had learned from the lawyer who took over the case of the pedestrian involved in negligence. Judge He Liming issued a warrant to him. He did not know that he was wanted this morning (12th) but has not yet received it. Arrest or overnight documents.
It is understood that the incident stems from a pedestrian involvement in the road, and He Liming is in charge of the trial. Liang Yaoxiang, a practising barrister in 2001, was the representative of the defendant. The trial was still over for two months. The two men were in a tit-for-tat during the trial. Liang even questioned the officer in court on January 2: "Are you insane?" The case went to court again last Monday, but Liang did not show up and withdrew the case. He was approved by the official, but then he was investigated for insulting and thought that Liang Yaoxiang did not respect the court and herself. Sign the arrest warrant.
Liang Yaoxiang denied that he had asked the official "Are you insane?" in court, but admitted that the word "insane" was used. He said that in addition to the explanation of the madness, the word can also be interpreted as a lack of concentration. Some court facts, so he cares about the mental and physical condition of the officer, and there is no insult. Liang explained that because of his own voice, the officer was dismissed, and the defendant dismissed him in the case. He did not need him to be a defense lawyer. He therefore did not go to court to handle the case, emphasizing that he did not retreat himself without handling the case.
Liang believes that when he misunderstands his own speech in the court, he will be furious and emphasize that he is a barrister and does not dare to insult the judge. He is now wanted by the judge and feels aggrieved. He will consider how to deal with it after receiving the documents. He will make a defense and he has taken the initiative to suspend his work.
It is learnt that due to the special nature of the incident and the involvement of legal officers, the arrest warrant must be approved by the Chief Magistrate or the Chief Magistrate of the superior. As for the case of pedestrian neglect crossing the road, the female defendant was Nepalese THAPA KAMALA, allegedly crossing the road after a taxi parked on the roadside in Tai Tam Road in the evening of April 2016. The vehicle that arrived from the opposite line crashed and the case will be renewed on February 14.
Lawyer Lu Weixiong said that in general, if the judge thinks that the barrister's behavior is problematic, he can complain to the Bar Association. The Bar Association will conduct an investigation or even hold a disciplinary hearing. If the complaint is established, the barrister may be fined or even fined. Suspension.
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[More instant news details, please go to the East News]
庭上被問是否「Insane」 裁判官首發拘捕令緝大狀
on.cc 東網
11.7k 人追蹤
2019年2月12日 下午5:15
查看相片
【on.cc東網專訊】司法界發生首宗裁判官通緝大律師事件。東區裁判法院暫委特委裁判官何麗明疑因執業大律師梁耀祥在庭上出言侮辱，上周一(4日)罕有地根據《裁判官條例》簽發拘捕令，通緝梁耀祥歸案，拘捕令有待執行。梁耀祥回覆東網時表示，他從接手處理該宗行人涉疏忽案件的事務律師口中得悉，法官何麗明向他發出拘捕令，他今早(12日)才知道自己被通緝，但至今未收到拘捕或通緝文件。
據了解，事件源於一宗行人涉疏忽過馬路案件，何麗明負責審理。2001年成為執業大律師的梁耀祥為被告的代表大狀，案件審訊超過2個月仍未完結，兩人在審訊期間針鋒相對，梁甚至在1月2日審訊中，公然在庭上質問何官：「Are you insane(你是否瘋顛)？」案件至上周一再開庭，但梁無現身並撤出該案，何官批准，但隨後即追究出言侮辱一事，認為梁耀祥不尊重法庭及她本人，即時簽出拘捕令。
梁耀祥今否認曾在庭上反問何官「Are you insane？」但承認有用「insane」 一字，他指這字除了瘋顛的解釋外，亦可解作精神不集中，由於何官不斷重複否定一些庭上事實，所以他關心查問何官的精神和身體狀況，並無侮辱之意。梁解釋，由於自己的說話令何官生氣，案中被告辭退他，毋須他擔任辯護律師，他因此再無上庭處理該案，強調他並非自己撤退不處理案件。
梁認為何官誤會自己在法庭上的說話，才會大發雷霆，強調自己身為大律師，不敢公然侮辱法官，現因此被法官通緝，感到很是委屈，會待收到文件後考慮如何應對，會作出抗辯，他現已主動暫停手上工作。
據悉，由於事件性質特殊，又涉及法律人員，有關拘捕令須經主任裁判官或再上級的總裁判官批核才作實。至於案件涉及的行人疏忽過馬路案，女被告為尼泊爾籍THAPA KAMALA，被指於2016年4月傍晚時分在大潭道一輛停泊在路旁之的士車後橫過馬路，遭一輛從對面線駛至的車輛撞到，案件將於2月14日續審。
大律師陸偉雄表示，一般而言，若法官認為大律師的行為有問題，可向大律師公會投訴，大律師公會將展開調查甚至召開紀律聆訊，若投訴成立，涉事大律師可被罰款甚至停牌。
查看相片
【更多即時新聞詳情請上東網新聞】
The court was asked if the "Insane" magistrate’s initial arrest warrant was
[on.cc east net]
On.cc East Net
11.7k person tracking
February 12, 2019 5:15 PM
View photos
[on.cc East Network News] The first magistrate wanted lawyer in the judicial community. He Liming, the temporary magistrate of the Eastern Magistrates' Court, suspected that the practice of the lawyer, Liang Yaoxiang, was insulted in court. Last Monday (4th), the arrest warrant was issued under the Magistrates Ordinance. The arrest of Liang Yaoxiang was ordered and the arrest warrant was pending. . When replying to the Eastern Network, Mr Leung said that he had learned from the lawyer who took over the case of the pedestrian involved in negligence. Judge He Liming issued a warrant to him. He did not know that he was wanted this morning (12th) but has not yet received it. Arrest or overnight documents.
It is understood that the incident stems from a pedestrian involvement in the road, and He Liming is in charge of the trial. Liang Yaoxiang, a practising barrister in 2001, was the representative of the defendant. The trial was still over for two months. The two men were in a tit-for-tat during the trial. Liang even questioned the officer in court on January 2: "Are you insane?" The case went to court again last Monday, but Liang did not show up and withdrew the case. He was approved by the official, but then he was investigated for insulting and thought that Liang Yaoxiang did not respect the court and herself. Sign the arrest warrant.
Liang Yaoxiang denied that he had asked the official "Are you insane?" in court, but admitted that the word "insane" was used. He said that in addition to the explanation of the madness, the word can also be interpreted as a lack of concentration. Some court facts, so he cares about the mental and physical condition of the officer, and there is no insult. Liang explained that because of his own voice, the officer was dismissed, and the defendant dismissed him in the case. He did not need him to be a defense lawyer. He therefore did not go to court to handle the case, emphasizing that he did not retreat himself without handling the case.
Liang believes that when he misunderstands his own speech in the court, he will be furious and emphasize that he is a barrister and does not dare to insult the judge. He is now wanted by the judge and feels aggrieved. He will consider how to deal with it after receiving the documents. He will make a defense and he has taken the initiative to suspend his work.
It is learnt that due to the special nature of the incident and the involvement of legal officers, the arrest warrant must be approved by the Chief Magistrate or the Chief Magistrate of the superior. As for the case of pedestrian neglect crossing the road, the female defendant was Nepalese THAPA KAMALA, allegedly crossing the road after a taxi parked on the roadside in Tai Tam Road in the evening of April 2016. The vehicle that arrived from the opposite line crashed and the case will be renewed on February 14.
Lawyer Lu Weixiong said that in general, if the judge thinks that the barrister's behavior is problematic, he can complain to the Bar Association. The Bar Association will conduct an investigation or even hold a disciplinary hearing. If the complaint is established, the barrister may be fined or even fined. Suspension.
View photos
[More instant news details, please go to the East News]
