李慧雲

English

Vivian Lee Wai-wan was born in Hong Kong and is a Permanent Magistrate. She obtained a Bachelor of Business Administration and an LL.B. from Macquarie University in Australia in 2004, a Graduate Diploma in Legal Practice from the College of Law in Sydney in 2005, an LL.M. from the University of Sydney in 2006 and a Postgraduate Certificate in Laws from the University of Hong Kong in 2008. She was admitted as a solicitor of the Supreme Court of New South Wales in 2006 and was called to the Hong Kong Bar in 2009, practising privately in Hong Kong from that year. On 15 November 2022 she was appointed a Permanent Magistrate on the recommendation of the Judicial Officers Recommendation Commission. The Magistrates' Courts are the lowest tier of the criminal courts in Hong Kong and handle the great majority of criminal cases, including summary offences and the mention of indictable offences. Magistrates normally sit alone without a jury; the normal maximum sentence for a single offence is two years' imprisonment and a fine of $100,000, rising to three years where two or more indictable offences are dealt with at the same time, and some Ordinances provide for higher penalties. Magistrates also handle a heavy daily caseload of mentions, bail applications, pleas and trials, as well as summary matters such as traffic offences, hawking and littering. The court also includes the Juvenile Court and conducts committal proceedings, transferring more serious cases to the District Court or committing them to the Court of First Instance of the High Court. Judges and judicial officers of the HKSAR are appointed by the Chief Executive on the independent recommendation of the Judicial Officers Recommendation Commission; Article 88 of the Basic Law provides that judges shall be appointed by the Chief Executive on the recommendation of an independent commission, and Article 92 that they shall be chosen on the basis of their judicial and professional qualities and may be recruited from other common law jurisdictions. Qualified in both Australia and Hong Kong and holding a master's degree in law, Lee joined the Judiciary after years in private practice.