Wally Yeung


Wally Yeung Chun-kuen is a Hong Kong judge. He has served as a Vice-President of the Court of Appeal since July 2011. He is the President of the College Council of St. John's College, University of Hong Kong.

Legal and judicial career

Yeung received an LLB in 1974 and a PCLL in 1975 from the University of Hong Kong.
Yeung was called to the Hong Kong Bar in 1976 and was a barrister in private practice until 1985.
In 1985, Yeung joined the bench as a Permanent Magistrate. In 1987, Yeung was promoted to the District Court.
In 1995, Yeung was appointed as a Judge of the High Court of Justice.
Yeung was elevated to the Court of Appeal on 6 May 2002, along with fellow Court of First Instance judge Maria Yuen.
In 2007, Yeung took over as Chairman of the Commission of Inquiry investigating alleged government interference into academic freedom at the Hong Kong Institute of Education after Mr Justice Woo Kwok-hing recused himself to avoid the appearance of partiality. Yeung was appointed because, unlike Woo, he was not acquainted with either Arthur Li or Fanny Law.
Yeung was appointed as Vice President of the Court of Appeal on 25 July 2011.

Major cases

Legal bilingualism

Yeung was one of the pioneers of judicial bilingualism in Hong Kong: in the December 1995 case, he was the first High Court judge to conduct a civil hearing using Cantonese as the language of the courtroom, and the first to use written Chinese to deliver a judgment.
A more controversial ruling of Yeung's was. Tam had placed a table on the pavement outside her store, and was prosecuted for making an unauthorised "addition" to her premises after having been granted a licence, contrary to. Yeung overturned the magistrate's ruling of guilt because the Chinese version of the by-law, unlike the English version, did not prohibit "additions" in general but only "building additional construction or building works", and in the event of inability to reconcile the two equally authentic versions of the by-law, he was obligated to choose the interpretation which favoured the defendant. In, the Court of Appeal overturned Yeung's ruling and reinstated Tam's conviction on the grounds that the term in question did not merely refer to "construction" but any "erection" of additional works.
Yeung would go on to become the chairman of the Subcommittee on the Translation of Case Precedents, which oversaw a three-month pilot project from January to April 1999 to produce Chinese translations of twenty-five judgments of precedential value identified by the Judiciary, the Bar Association, the Law Society, and the Department of Justice.

Occupy sentence

On 17 August 2017, Yeung and two other judges of the Court of Appeal Derek Pang and Jeremy Poon sentenced the three main leaders in the 2014 Hong Kong protests, Joshua Wong, Alex Chow and Nathan Law to six to eight months in prison in the case of ; the trio had stormed a fenced-off government forecourt known as "Civic Square" which triggered the 79-day Occupy protests. The ruling sparked widespread fear over Hong Kong's judicial independence, as the Court of Appeal overturned the more lenient sentence of the Court of First Instance after the government pushed for harsher punishments.
Yeung was criticised for his strong words in the judgement, in which he observed that "in recent years, an unhealthy wind has been blowing in Hong Kong." He said: "Some people, on the pretext of pursuing their ideals or freely exercising their rights conferred by law, have acted wantonly in an unlawful manner. Not only do they refuse to admit their law-breaking activities are wrong, but they even go as far as regarding such activities as a source of honour and pride." While supportive of the judge's ruling, former Hong Kong Bar Association chairman Paul Shieh said his comments were "a bit emotionally charged and not often seen" in a common law ruling. It was later reported that Yeung had previously attended a cocktail party held by the anti-Occupy Small and Medium Enterprises Law Firm Association of Hong Kong; his impartiality was thus questioned by legislator Dennis Kwok.

Others

In 1999, Yeung heard a major judicial review case relating to the right of abode in Hong Kong,. He found that the seventeen mainland-born applicants were not entitled to the right of abode by virtue of their parents' Hong Kong permanent resident status until they had obtained Certificates of Entitlement, and thus refused to overturn the removal order issued against them by the Director of Immigration.

Personal life

Yeung was born in Hong Kong. He is married to Rechelle, with whom he has a son Yeung Jun-wei.