SECRETARY FOR JUSTICE v. CHOY BING WING

SECRETARY FOR JUSTICE v. CHOY BING WING

Recusal refused because the prior restrictive order concerned different issues and did not create a reasonable apprehension of bias; unsubstantiated allegations of lack of independence do not disqualify the judge from hearing the limited charging order application.

Citation
SECRETARY FOR JUSTICE v. CHOY BING WING
Parties
Judgment Creditor: Secretary for Justice; Judgment Debtor: Choy Bing Wing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 January 2010
Case Number
HCMP4694/2003
Procedural Posture
Miscellaneous Proceedings (charging Order Applications) / Recusal Application Heard; Decision Made and Hearing to Proceed on Charging Order
Outcome
Application for recusal refused; judge to hear the charging order application
Legal Topics
Recusal, Apparent Bias, Restricted Application Order (grepe V Loam), Charging Order
Source Language
EN
Civil Procedure Judgment Enforcement Judicial Recusal Recusal Apparent Bias Restricted Application Order (grepe V Loam) Charging Order

Case Brief

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Parties

Secretary for Justice

Judgment Creditor

Choy Bing Wing

Judgment Debtor

Procedural Posture

Miscellaneous Proceedings (charging Order Applications) / Recusal Application Heard; Decision Made and Hearing to Proceed on Charging Order

Legal Issues

  1. 1 Whether the judge should recuse for apparent bias arising from a prior adverse ruling
  2. 2 Whether prior adverse rulings alone create a reasonable apprehension of bias
  3. 3 Whether allegation that judge is not independent requires discharge

Ratio Decidendi

Recusal refused because the prior restrictive order concerned different issues and did not create a reasonable apprehension of bias; unsubstantiated allegations of lack of independence do not disqualify the judge from hearing the limited charging order application.

Court Disposition

Application for recusal refused; judge to hear the charging order application

Orders

  • Recusal application refused
  • Hearing to proceed on the charging order