香港特別行政區 訴 張建忠

香港特別行政區 訴 張建忠

The magistrates had good reasons to refuse to issue the private summonses and to refuse arrest and disclosure orders; there was no appearance of bias and no denial of procedural fairness, therefore all three appeals are dismissed and the ancillary relief sought is refused.

Source-derived case information.

Citation
香港特別行政區 訴 張建忠
Parties
Respondent: 香港特別行政區; Appellant: 張建忠
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 October 2012
Case Number
HCMA509/2012
Procedural Posture
Criminal Appeal / Hearing on Appeal
Outcome
Appeals dismissed
Legal Topics
Issuance of Summons Under Magistrates Ordinance, Good Cause Test for Refusal of Private Summons, Apparent Bias and Recusal, Service of Process, Arrest Warrants Under S9, Compelled Disclosure of Address, Appropriate Remedy (appeal V Judicial Review)
Source Language
ch
Criminal Procedure Private Prosecution Judicial Review Administrative Law Recusal and Bias Issuance of Summons Under Magistrates Ordinance Good Cause Test for Refusal of Private Summons Apparent Bias and Recusal +4 more

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Parties

香港特別行政區

Respondent

張建忠

Appellant

Procedural Posture

Criminal Appeal / Hearing on Appeal

  1. 1 Whether the magistrates had 'good cause' to refuse to issue private summonses under Magistrates Ordinance Cap.227 s8(1B)(b)
  2. 2 Whether the magistrates were biased and should have been recused
  3. 3 Whether the appellant was denied procedural fairness

Ratio Decidendi

The magistrates had good reasons to refuse to issue the private summonses and to refuse arrest and disclosure orders; there was no appearance of bias and no denial of procedural fairness, therefore all three appeals are dismissed and the ancillary relief sought is refused.

Court Disposition

Appeals dismissed

Orders

  • Appeals HCMA 509/2012, HCMA 510/2012 and HCMA 572/2012 dismissed
  • Application to recuse the judge refused