有關 ROBINSON, DUNDAS (羅便臣) 的事宜

有關 ROBINSON, DUNDAS (羅便臣) 的事宜

The Magistrates Ordinance s105 procedure for case-stating applies only to summary criminal matters; an order under Mental Health Ordinance s31 is administrative (detention for observation) not a summary criminal conviction, therefore s105 (and ss111-112) did not apply and the Acting Principal Magistrate correctly...

Source-derived case information.

Citation
[2020] HKCA 710
Parties
Applicant: Robinson, Dundas (羅便臣); Respondent: Acting Principal Magistrate Yim Shun-yee (嚴舜儀)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
25 August 2020
Case Number
CACV124/2020
Procedural Posture
Civil Appeal (judicial Review) / Appeal Judgment on Leave Refusal
Outcome
Appeal dismissed
Legal Topics
Judicial Review Leave, Case Stating Under Magistrates Ordinance S105, Detention and Observation Under Mental Health Ordinance S31, Magistrates Ordinance Ss105, 111, 112 Applicability, Time Bar/limitation for Judicial Review, Personal Liberty (hk Bill of Rights Art 5)
Source Language
ch
Administrative Law Mental Health Law Criminal Procedure Constitutional/human Rights Judicial Review Leave Case Stating Under Magistrates Ordinance S105 Detention and Observation Under Mental Health Ordinance S31 Magistrates Ordinance Ss105,111,112 Applicability +2 more

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Parties

Robinson, Dundas (羅便臣)

Applicant

Acting Principal Magistrate Yim Shun-yee (嚴舜儀)

Respondent

Procedural Posture

Civil Appeal (judicial Review) / Appeal Judgment on Leave Refusal

  1. 1 Whether Magistrates Ordinance s105 (case-stating) applies to detention orders under Mental Health Ordinance s31
  2. 2 Whether the s31 order is a criminal order attracting summary procedure protections
  3. 3 Whether the Acting Principal Magistrate's refusal to order a case statement is amenable to judicial review

Ratio Decidendi

The Magistrates Ordinance s105 procedure for case-stating applies only to summary criminal matters; an order under Mental Health Ordinance s31 is administrative (detention for observation) not a summary criminal conviction, therefore s105 (and ss111-112) did not apply and the Acting Principal Magistrate correctly refused to order a case statement; the applicant's judicial review against that refusal lacked an arguable prospect of success and any direct challenge to the 2011 order was time-barred. Appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • High Court order refusing judicial review permission upheld