Michael Hartmann (judge)

{{Short description|Hong Kong-based Australian judge}}

{{other people|Michael Hartmann}}

{{EngvarB|date=June 2015}}

{{Use dmy dates|date=June 2015}}

{{Infobox officeholder

| honorific-prefix = The Honourable Mr Justice

| name = Michael Hartmann

| honorific-suffix = GBS

| image = Replace this image male.svg

| imagesize = 150px

| caption =

| office = Chairman of the Hong Kong Market Misconduct Tribunal and the Securities and Futures Appeals Tribunal

| term_start = 2011

| term_end =

| office2 = Non-Permanent Judge of the Court of Final Appeal of Hong Kong

| term_start2 = 2010

| term_end2 = 2016

| office3 = Justice of Appeal of the Court of Appeal of Hong Kong

| term_start3 = 2008

| term_end3 = 2012

| office4 = Judge of the Court of First Instance of the High Court of Hong Kong

| term_start4 = 1998

| term_end4 = 2008

| office5 = Judge of the District Court of Hong Kong

| term_start5 = 1991

| term_end5 = 1998

| birth_date = {{birth date|df=yes|1944|07|24}}

| birth_place = Bombay, British Raj

| nationality = Australian

| spouse =

| relations =

| children =

| alma_mater = University of London

| native_name = 夏正民

| native_name_lang = zh

}}

Michael John Hartmann GBS ({{Lang-zh|t=夏正民}}) is a senior judge. He is Chairman of the Market Misconduct Tribunal and the Securities and Futures Appeals Tribunal in Hong Kong.

Early life and education

Hartmann was born in Bombay (now Mumbai), British India on 24 July 1944 to a British father and an Australian mother. He was raised near Orange, New South Wales, Australia.{{cite web|url=http://www.hk-lawyer.org/content/face-face-mr-justice-michael-hartmannjudge-lawyer-journalist-novelist-family-man |title=Face to Face with..... Mr. Justice Michael HartmannJudge, lawyer, journalist, novelist, family man|publisher=Law Society of Hong Kong|date=March 2013}}

He holds Australian citizenship.{{Cite Hong Kong case|litigants=Aziz Akbar Butt v Director of Immigration|list=HCAL|number=32|year=2007|id=61035}}, reported at [2009] 2 HKLRD 1, at para. 32

Hartmann moved to England at the age of nine. After obtaining his A Levels in England, he moved to Rhodesia (now Zimbabwe). He received an LLB from the University of London through the University College of Rhodesia in 1967.{{cite web|url=http://gia.info.gov.hk/general/201004/08/P201004080178_0178_63680.pdf|title=Annex Curriculum Vitae|publisher=Government of Hong Kong|date=8 April 2010|accessdate=4 August 2011|archive-url=https://web.archive.org/web/20110726135611/http://gia.info.gov.hk/general/201004/08/P201004080178_0178_63680.pdf|archive-date=26 July 2011|url-status=dead}} After university, he completed national service in the Rhodesian Army.

Legal career

Hartmann was admitted as an attorney in Rhodesia in 1971 and practised in Harare. In 1983, he left Zimbabwe and moved to Hong Kong to join the Legal Department as Crown Counsel. He was promoted to Senior Crown Counsel in 1984 and became a Deputy Principal Crown Counsel in 1989.

Judicial career

Hartmann left the Legal Department and was appointed a District Judge in 1991.{{cite news|url=http://www.thestandard.com.hk/news_detail.asp?pp_cat=11&art_id=71507&sid=20522260&con_type=1&d_str=20080910&sear_year=2008|title=Hartmann promoted to appeal court|first=Timothy|last=Chui|date=10 September 2008|newspaper=The Standard|accessdate=4 August 2011|url-status=dead|archiveurl=https://web.archive.org/web/20121015195315/http://www.thestandard.com.hk/news_detail.asp?pp_cat=11&art_id=71507&sid=20522260&con_type=1&d_str=20080910&sear_year=2008|archivedate=15 October 2012|df=dmy-all}}

In 1998, Hartmann was appointed as a Judge of the Court of First Instance of the High Court of Hong Kong.

From 1998 to 2000, Hartmann served as Chairman of the Insider Dealing Tribunal.

From 2000 to 2008, Hartmann was Judge in charge of the Constitutional and Administrative Law List in the Court of First Instance of the High Court of Hong Kong.

In 2008, Hartmann was appointed as a Justice of Appeal of the Court of Appeal.

In 2010, Hartmann was appointed as a Non-Permanent Judge of the Court of Final Appeal.{{cite web |url=https://www.info.gov.hk/gia/general/201004/08/P201004080178.htm |title=Senior Judicial Appointments: Non-Permanent Hong Kong Judges of the Court of Final Appeal |date=8 April 2010}} From 2010 to 2012, Hartmann primarily sat in the Court of Appeal and heard two cases in the Court of Final Appeal.{{Cite Hong Kong case|litigants=WLK v TMC|list=FACV|number=21|year=2009|id=73768}}, reported at (2010) 13 HKCFAR 618, and {{Cite Hong Kong case|litigants=LKW v DD|list=FACV|number=16|year=2008|id=73767}}, reported at (2010) 13 HKCFAR 537

In 2011, Hartmann was appointed as Chairman of the Market Misconduct Tribunal and the Securities and Futures Appeals Tribunal for a 3-year term from December 2011 to November 2014.{{cite web |url=https://www.info.gov.hk/gia/general/201111/18/P201111180316.htm |title=Appointments of Chairmen to Market Misconduct Tribunal and Securities and Futures Appeals Tribunal |date=18 November 2011}}[https://www.gld.gov.hk/egazette/pdf/20111546/egn201115467493.pdf "G.N. 7493"], Hong Kong Government Gazette (No. 46, Vol. 15, 18 November 2011)

In 2012, Hartmann retired from the Court of Appeal. He was awarded the Gold Bauhinia Star by the Chief Executive. He continued to serve as a Non-Permanent Judge of the Court of Final Appeal until 2016.{{cite web |url=https://www.hkcfa.hk/en/about/who/judges/former/index_id_55.html |title=Mr Michael John HARTMANN, GBS |publisher=Court of Final Appeal}}

In 2013, Hartmann sat as a Deputy High Court Judge.[https://www.gld.gov.hk/egazette/pdf/20131735/egn201317355007.pdf "G.N. 5007"], Hong Kong Government Gazette (No. 35, Vol. 17, 130 August 2013)

In 2014, Hartmann was re-appointed as Chairman of the Market Misconduct Tribunal and the Securities and Futures Appeals Tribunal for another 3-year term until November 2017.{{cite web |url=https://www.info.gov.hk/gia/general/201411/21/P201411210511.htm |title=Appointments of Chairmen to Market Misconduct Tribunal and Securities and Futures Appeals Tribunal |date=21 November 2014}}[https://www.gld.gov.hk/egazette/pdf/20141847/egn201418476599.pdf "G.N. 6599"], Hong Kong Government Gazette (No. 47, Vol. 18, 21 November 2014) In 2017, his appointment was extended for a further 3-year term until November 2020.{{cite web |url=https://www.info.gov.hk/gia/general/201709/29/P2017092800565.htm |title=Appointment of Chairman of Market Misconduct Tribunal and Securities and Futures Appeals Tribunal |date=29 September 2017}}[https://www.gld.gov.hk/egazette/pdf/20172139/egn201721397211.pdf "G.N. 7211"], Hong Kong Government Gazette (No. 39, Vol. 21, 29 September 2017)

In 2018, Hartmann was appointed as Chairman and Commissioner of the Commission of Inquiry into the Diaphragm Wall and Platform Slab Construction Works at the Hung Hom Station Extension under the Shatin to Central Link Project.{{cite web |url=https://www.info.gov.hk/gia/general/201807/10/P2018071000649.htm |title=Commission of Inquiry into the Diaphragm Wall and Platform Slab Construction Works at the Hung Hom Station Extension under the Shatin to Central Link Project appointed |date=10 July 2018}}{{Cite web |last=Cheng |first=Kris |date=2018-06-12 |title=Retired judge to lead investigation into corner-cutting scandal at the MTRC's Hung Hom station expansion |url=https://hongkongfp.com/2018/06/12/retired-judge-lead-investigation-corner-cutting-scandal-mtrcs-hung-hom-station-expansion/ |access-date=2022-10-21 |website=Hong Kong Free Press HKFP |language=en-GB}}

In 2020, Hartmann's appointment as Chairman of the Market Misconduct Tribunal and the Securities and Futures Appeals Tribunal was extended again for another 3-year term until November 2023.{{cite web |url=https://www.info.gov.hk/gia/general/202007/10/P2020070900461.htm |title=Appointment of Chairman of Market Misconduct Tribunal and Securities and Futures Appeals Tribunal |date=10 July 2020}}[https://www.gld.gov.hk/egazette/pdf/20202428/egn202024283802.pdf "G.N. 3802"], Hong Kong Government Gazette (No. 28, Vol. 24, 10 July 2020)

References