CHAN SZE SHING v. ATTORNEY GENERAL AND ANOTHER

CHAN SZE SHING v. ATTORNEY GENERAL AND ANOTHER

The arrest was lawful because the decision-maker had reasonable grounds to suspect the plaintiff of involvement in receipt of a bribe, those grounds rested on the informant sergeant's information and Ma Sui Ming's statement (and retraction), and the investigator had made all presently practicable enquiries;...

Source-derived case information.

Citation
CHAN SZE SHING v. ATTORNEY GENERAL AND ANOTHER
Parties
Plaintiff: Chan Sze Shing; First Defendant: The Attorney General; Second Defendant: Chow Jun Lung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 December 1979
Case Number
HCA2422/1978
Procedural Posture
Civil (tort Wrongful Arrest/false Imprisonment) / Judgment
Outcome
Claim dismissed. Defendant's justification of arrest established.
Legal Topics
Wrongful Arrest, False Imprisonment, Reasonable Suspicion, Justification Defence, ICAC Ordinance S.10(1), Prevention of Bribery
Source Language
en
Tort Criminal Procedure Administrative Law Police Powers Wrongful Arrest False Imprisonment Reasonable Suspicion Justification Defence +2 more

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Parties

Chan Sze Shing

Plaintiff

The Attorney General

First Defendant

Chow Jun Lung

Second Defendant

Procedural Posture

Civil (tort Wrongful Arrest/false Imprisonment) / Judgment

Legal Issues

  1. 1 Whether arrest was justified by reasonable grounds for suspicion
  2. 2 Whether the investigator made all presently practicable enquiries before arresting
  3. 3 Weight to be given to informant and co-accused statements

Ratio Decidendi

The arrest was lawful because the decision-maker had reasonable grounds to suspect the plaintiff of involvement in receipt of a bribe, those grounds rested on the informant sergeant's information and Ma Sui Ming's statement (and retraction), and the investigator had made all presently practicable enquiries; therefore the defence of justification succeeded and the plaintiff's claim was dismissed.

Court Disposition

Claim dismissed. Defendant's justification of arrest established.

Orders

  • Claim dismissed
  • Plaintiff to pay defendants' costs