何毓桓 對 懲教署署長

何毓桓 對 懲教署署長

The Court dismissed the appeal and refused leave because the applicant failed to identify any arguable legal error, the Commissioner’s actions (work transfer, 68B segregation and deprivation of privileges) fell within the wide discretionary authority conferred by the Prison Rules and were not shown to be unlawful,...

Source-derived case information.

Citation
[2021] HKCA 1125
Parties
Applicant: 何毓桓; Respondent: 懲教署署長
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
5 August 2021
Case Number
CACV128/2020
Procedural Posture
Judicial Review Appeal / Court of Appeal Decision on Leave and Appeal
Outcome
appeal dismissed
Legal Topics
Disciplinary Proceedings, Prison Regulations (68 B), Wednesbury Unreasonableness, Judicial Deference to Prison Authorities, Admission of Fresh Evidence
Source Language
ch
Administrative Law Prison Law Judicial Review Procedural Fairness Disciplinary Proceedings Prison Regulations (68 B) Wednesbury Unreasonableness Judicial Deference to Prison Authorities +1 more

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Parties

何毓桓

Applicant

懲教署署長

Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Decision on Leave and Appeal

  1. 1 whether leave for judicial review should have been granted
  2. 2 whether Commissioner of Correctional Services acted ultra vires or irrationally in ordering work transfer
  3. 3 whether segregation/68B measures and loss of privileges amounted to double punishment or were unlawful

Ratio Decidendi

The Court dismissed the appeal and refused leave because the applicant failed to identify any arguable legal error, the Commissioner’s actions (work transfer, 68B segregation and deprivation of privileges) fell within the wide discretionary authority conferred by the Prison Rules and were not shown to be unlawful, procedurally unfair or Wednesbury unreasonable, and the proffered fresh evidence would not have affected the outcome.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Application to admit new evidence refused (Ladd v Marshall criteria not met)