HKSAR v. LEW MON HUNG

HKSAR v. LEW MON HUNG

Application dismissed because the defence failed to establish on balance of probabilities that a fair trial was impossible or that there was an abuse of process of such gravity as to warrant a permanent stay; alleged misconduct and conflicts were unsubstantiated; prosecution lawfully elected not to call the Chief Executive and Commissioner and no prejudice to trial was shown.

Citation
HKSAR v. LEW MON HUNG
Parties
Prosecution: HKSAR; Defendant: Lew Mon-hung
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 November 2013
Case Number
DCCC819/2013
Procedural Posture
Criminal / Application for Permanent Stay of Proceedings
Outcome
Application dismissed
Legal Topics
Perverting Course of Public Justice, Stay of Proceedings, Abuse of Process, Pre Trial Publicity, Conflict of Interest
Source Language
EN
Criminal Law Procedural Law Administrative Law Perverting Course of Public Justice Stay of Proceedings Abuse of Process Pre Trial Publicity Conflict of Interest

Case Brief

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Parties

HKSAR

Prosecution

Lew Mon-hung

Defendant

Procedural Posture

Criminal / Application for Permanent Stay of Proceedings

Legal Issues

  1. 1 Whether a permanent stay of proceedings should be granted for abuse of process
  2. 2 Whether the alleged conduct of the Chief Executive and ICAC Commissioner rendered a fair trial impossible
  3. 3 Whether the prosecution's failure to take statements or call high-ranking officials as witnesses prejudiced the defendant

Ratio Decidendi

Application dismissed because the defence failed to establish on balance of probabilities that a fair trial was impossible or that there was an abuse of process of such gravity as to warrant a permanent stay; alleged misconduct and conflicts were unsubstantiated; prosecution lawfully elected not to call the Chief Executive and Commissioner and no prejudice to trial was shown.

Court Disposition

Application dismissed

Orders

  • Permanent stay application dismissed