CHOY BING WING v. THE CHIEF JUSTICE, JUDICIARY OF HKSAR, CHINA AND OTHERS

CHOY BING WING v. THE CHIEF JUSTICE, JUDICIARY OF HKSAR, CHINA AND OTHERS

The claim was struck out because the magistrate acted within statutory powers to issue a bench warrant under s99, the action against the magistrate is barred or requires an express allegation of malice under s125 which was absent, Article 85 provides judicial immunity, s60 protects the arresting officer acting under...

Source-derived case information.

Citation
CHOY BING WING v. THE CHIEF JUSTICE, JUDICIARY OF HKSAR, CHINA AND OTHERS
Parties
Plaintiff: Choy Bing Wing; 1st Defendant: The Chief Justice, Judiciary of Hong Kong Special Administrative Region, China; 2nd Defendant: Kelvin A. Browne, a Magistrate; 3rd Defendant: Commissioner of Police, Police Force of Hong Kong Special Administrative Region, China; 4th Defendant: Sergeant Wong No.12333, Central Police Station, Police Force of Hong Kong Special Administrative Region, China
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 August 2005
Case Number
HCA125/2005
Procedural Posture
Civil Action for Torts (wrongful Arrest/false Imprisonment) / Hearing on Defendants' Summons to Strike Out; Reasons for Ruling Delivered After Strike Out Order Granted
Outcome
Writ of Summons and Statement of Claim struck out; action dismissed against all defendants
Legal Topics
Wrongful Arrest, False Imprisonment, Strike Out/summar Summary Dismissal, Judicial Immunity, Magistrates' Powers, Vicarious Liability, Police Statutory Protection, Contempt
Source Language
en
Tort Civil Procedure Administrative Law Police Law Constitutional Law Wrongful Arrest False Imprisonment Strike Out/summar Summary Dismissal +5 more

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Parties

Choy Bing Wing

Plaintiff

The Chief Justice, Judiciary of Hong Kong Special Administrative Region, China

1st Defendant

Kelvin A. Browne, a Magistrate

2nd Defendant

Commissioner of Police, Police Force of Hong Kong Special Administrative Region, China

3rd Defendant

Sergeant Wong No.12333, Central Police Station, Police Force of Hong Kong Special Administrative Region, China

4th Defendant

Procedural Posture

Civil Action for Torts (wrongful Arrest/false Imprisonment) / Hearing on Defendants' Summons to Strike Out; Reasons for Ruling Delivered After Strike Out Order Granted

Legal Issues

  1. 1 Whether the plaintiff disclosed a reasonable cause of action against defendants
  2. 2 Whether the magistrate acted within jurisdiction in issuing a bench warrant under s99 Magistrates Ordinance
  3. 3 Whether judicial immunity under Article 85 Basic Law bars the action against the magistrate

Ratio Decidendi

The claim was struck out because the magistrate acted within statutory powers to issue a bench warrant under s99, the action against the magistrate is barred or requires an express allegation of malice under s125 which was absent, Article 85 provides judicial immunity, s60 protects the arresting officer acting under a produced warrant, and the Commissioner is not vicariously liable and the Crown Proceedings framework was not followed; cumulatively the claim disclosed no reasonable cause of action and was an abuse of process.

Court Disposition

Writ of Summons and Statement of Claim struck out; action dismissed against all defendants

Orders

  • Order in terms of the defendants' summons dated 17 February 2005 striking out the Writ of Summons and Statement of Claim
  • Action dismissed against all defendants as scandalous, frivolous, vexatious and an abuse of process